General terms and conditions
These general terms and conditions regulate the relations between:
Delta Cloud Ltd. - UIC 205588118
Headquarters and address of management: Sofia, 172 Nishka Str
address: Sofia, Ilinden district, 172 Nishka Str. Email: firstname.lastname@example.org tel: 0700 3 1010
Certificate number for personal data administrator: 288175
hereinafter referred to as PROVIDER, and each of the registered users of the information resources and service "Virtual Server" offered by him, hereinafter referred to as USERS,
- Subject of the General Terms and Conditions
Art. 1. (1). The SUPPLIER provides to the USER for temporary and remunerative use the service "Virtual server" according to the plan chosen by the USER, which includes the following:
- free space on the server of the SUPPLIER, on which the USER has the right to publish and share information;
- full access (administrative rights) for managing the Service, for publishing, processing and disposing of information placed on the provided space;
- providing parameters of the service, according to the subscription plan selected by the USER;
- providing a virtually dedicated part of the resources of technical equipment for transmission, storage and sharing of information and provision of services;
- maintaining the Service in good working order.
(2). For the services under par. 1 The USER is obliged to pay remuneration to the SUPPLIER in the amount and under the conditions determined depending on the plan chosen by the USER.
(3). The USER does not acquire ownership rights over the equipment used to provide the Service.
- Conclusion of a contract, Prices and method of payment
Art. 2. (1). The SUPPLIER and the USER, through the application form on the SUPPLIER's website, enter into a contract under these general terms and conditions and the terms and conditions mentioned on the website, or explicitly specify additional terms signed by both parties.
(2). In case the due subscription fee is not paid within five days from the expiration of the term for which it is provided, the contract is considered terminated and the access to the service is terminated. This rule applies to each subsequent period without a time limit.
(3). The provision of the service starts after payment of the first monthly fee by the USER and after his notification of its activation.
Art. 3. The USER pays to the SUPPLIER a monthly fee for the provided Service in the amount, terms and conditions determined depending on the plan chosen by the USER, against which the SUPPLIER issues a fiscal document for the payment.
Art. 4. (1). The additional services provided by the SUPPLIER and related to the use of the Service are paid separately by the USER.
(2). Prices and types of Additional Services are determined by the SUPPLIER on its website.
III. RIGHTS AND OBLIGATIONS OF THE SUPPLIER
Art. 5. The SUPPLIER undertakes:
- to provide and provide the "Virtual Server" Service, according to specifications determined depending on the plan chosen by the USER;
- to ensure the technical serviceability of the Service;
- to provide the parameters of connection of the Service to the Internet, determined depending on the plan chosen by the USER;
- to provide appropriate conditions for technical functioning of the Service;
- to provide the USER and maintain the administration of a name and password for remote administrative access to all functionality of the Service;
- to provide the Service with pre-installed and functioning software depending on the plan chosen by the USER;
- to provide, according to its technical capabilities and according to the circumstances, security of the technical equipment used for the provision of the Service;
- to maintain the parameters of the service and its connectivity around the clock.
Art. 6. The SUPPLIER has the right to:
- to receive from the USER remuneration for the provided Services;
- to carry out constant supervision for technical serviceability of the Service;
- to limit the Parameters when performing technical prophylaxis of its premises and equipment or changing elements of the communication infrastructure;
- to temporarily limit the Parameters in order to protect the security of its communication infrastructure;
- to receive additional remuneration from the USER for Additional Services in connection with the use of the Service;
- to perform Additional Services only after reaching a written agreement with the USER;
- to require the necessary identification from the USER when accepting instructions regarding the use or management of the Service;
- to limit or terminate temporarily and permanently the use of the Service, if it is established that the USER uses it in bad faith or in violation of the Bulgarian legislation, good manners and in violation of these general conditions.
Art. 7. (1). The SUPPLIER provides the necessary assistance to the judicial authorities, the prosecution, the investigation and the Ministry of Interior in exercising control and actions on their part, providing information about the personal data of the USER and the Service, traffic data according to Art. 251, para. 1 of the Electronic Communications Act, in the cases when electronic communications networks or services are provided;
(2). In carrying out the actions under para. 1, the SUPPLIER is not obliged to notify the USER, except in cases explicitly specified in the law.
(3). The USER has no right to claim compensation for damages as a result of actions of the SUPPLIER under para. 1.
Art. 8. (1). The SUPPLIER has the right to accept Policies for bona fide use of the Service, the rules of which are the main criterion for determining the bona fide or unscrupulous behavior of the Users and their users.
(2). The Parties agree that the Policies are an integral part of this Agreement and are available at the address of the SUPPLIER's website. By submitting an application, the User declares that he is familiar with the Policies and agrees with their provisions that bind him.
(3). The SUPPLIER has the right to constantly supplement or change the Policies in accordance with the development of public relations in the information society. The USER agrees that any amendment to the Policies will have effect on him after its explicit notification by the SUPPLIER and if the USER does not state within the 7-day period that he rejects them.
- RIGHTS AND OBLIGATIONS OF THE USER
Art. 9. The USER undertakes:
- to pay to the SUPPLIER the agreed remuneration for the use of the Service;
- to use the Service in good faith and in accordance with the legislation of the Republic of Bulgaria;
- to use the Service for its intended purpose and in a manner that does not harm the other customers of the SUPPLIER or its communication infrastructure;
- to use and manage the Service only remotely (from a distance) through the name and password provided by the PROVIDER for administrative access;
- not to use the functionality of the Service in a way that does not correspond to its purpose (for example, creating a proxy, etc.).
- to independently install the software that will be used on the Server, outside the software explicitly provided by the SUPPLIER when activating the Service;
Art. 10. The USER has the right to:
- to use the Service as intended in accordance with the agreed Parameters;
- to provide remote administrative access to the Service, including for management, installation and administration of the software located on the Virtual Server;
- to be provided with remote, telephone, round-the-clock support of the Service by qualified personnel of the SUPPLIER. The support of the Service does not include installation of software on the Virtual Server at the request of the USER, as well as providing advice on software development, sites, scripts, use of content management programs and others.
Art. 11. (1). The USER undertakes not to use the Service to publish, provide and distribute in any way data, messages, text, computer files or other materials that contradict Bulgarian law, applicable foreign laws, current conditions, internet ethics or good manners and which violate the rights of third parties, namely: copyright or related rights, trademarks, patents or other intellectual property rights, property rights, and any other property or non-property -essential rights or legitimate interests of third parties; representing trade, official or personal secrets or other confidential information;
(2). The USER undertakes not to publish, distribute or provide software or other computer files that contain viruses or other risky programs or their components, not to publish and not to provide transfer of pornographic and illegal materials.
(3). The USER undertakes not to use the Service for publishing data, messages, text, computer files or other materials containing a threat to human life and physical integrity, calling for a violent change of the constitutional order, to commit a crime and other violations of discrimination. preaching a fascist, racist or other undemocratic ideology, the content of which violates human rights or freedoms, according to the Constitution and the laws of the Republic of Bulgaria and zhdunarodnite acts.
Art.12. The USER agrees not to use the Spam Service. Violation of this requirement is grounds for temporary suspension of the provided Service, for which the SUPPLIER notifies the USER. In case of repeated action, the SUPPLIER has the right to unilaterally terminate the provision of the service without notice.
- TERMINATION OF THE CONTRACT
Art. 13. The contract is terminated:
- upon expiration of the contract;
- upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
- by mutual consent of the parties in writing;
- in case of significant violation of the clauses of the contract after the expiration of 2 weeks from the submission of a written request for elimination of the violation from the correct to the defective party to the contract, in which term the violation has not been eliminated;
- in case of objective impossibility of any of the parties to the contract to perform its obligations;
- in case of seizure or sealing of the equipment by state authorities.
Art. 14. The SUPPLIER has the right at its discretion, without giving notice and without due compensation to terminate unilaterally the contract concluded with the USER, in case it finds that the services provided are used in violation of the legislation in the Republic of Bulgaria or in violation of these general rules. ..
- LIABILITY AND PENALTIES
Art. 15. (1). In case the USER terminates the contract concluded with the SUPPLIER ahead of schedule, he owes the SUPPLIER a penalty in the amount of the agreed remuneration for the remaining period of the contract, but not less than three monthly installments.
(2). If the SUPPLIER has received the full amount for the term of the contract, the remuneration paid by the USER is accepted as compensation to the SUPPLIER for early termination of the contract with the USER.
(3). In case the contract with the USER is unilaterally terminated by the SUPPLIER due to culpable non-fulfillment of the USER's obligations, the USER owes the SUPPLIER a penalty in the amount of the due remuneration for the remaining period of the contract, but not less than three monthly installments.
Art. 16. In case of culpable non-fulfillment of the obligations of the SUPPLIER for provision of the Service, the USER is entitled to a penalty in the amount of the due remuneration for the remaining period of the contract.
Art. 17. Notwithstanding Art. 14 and Art. 15 in case of culpable non-fulfillment of its obligations under this contract, the USER owes to the SUPPLIER compensation for all direct damages, which are a direct and immediate consequence of the non-fulfillment of the contract.
Art. 18. The SUPPLIER is not liable and the USER undertakes to indemnify and release from liability the SUPPLIER in case of lawsuits and other claims of third parties (whether justified or not), for all damages and costs (including attorney's fees and court costs) ) arising from or in connection with
- non-fulfillment of any of the obligations under this contract;
- infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights
- illegal transfer to other persons of the rights granted to the USER for the term and under the terms of the contract.
Art. 19. The SUPPLIER shall not be liable in case of inability to provide connectivity or operation of the technical equipment during a certain period of time due to force majeure, accidental events, internet problems, technical or other objective reasons, including orders of the competent state authorities.
Art. 20. The SUPPLIER is not liable for damages caused by the USER to third parties.
VII. OTHER TERMS
Art. 21. The parties undertake to protect each other's rights and legitimate interests, as well as to keep their trade secrets, which became their property in the process of performance of the contract between them.
Art. 22. The parties may agree during the term of the contract new conditions, amendments and supplements by mutual consent, expressed in writing.
Art. 23. The possible invalidity of any of the provisions of the contract does not lead to the invalidity of the whole contract.
Art. 24. All disputes arising from the contract or related to it, if they cannot be settled voluntarily between the parties, through negotiations, will be referred to the Arbitration Court at the Bulgarian Chamber of Commerce and Industry, according to its Rules for cases based on arbitration agreements, and Bulgarian law will be applicable.
Art. 25. The laws of the Republic of Bulgaria and the Policies shall apply to the issues not settled in this contract, related to the implementation and interpretation of this contract.
Art. 26 Supervisory bodies controlling the activity:
Commission for Personal Data Protection
Address: Sofia 1431, Acad. Ivan Evstratiev Geshov ”15
Legal and International Affairs Directorate
Legal Opinions and International Cooperation Department
phone 02 / 91-53-531
Legal Proceedings and Supervision Directorate
Legal Proceedings and Legal Representation Department
phone 02 / 91-53-535
Information and contact center related to the registration of
personal data administrators - tel. 02/915 35 18
Record keeping - phone 02 / 91-53-515,91-53-519
fax 02 / 91-53-525
Reception - 9:30 - 17:00
Consumer Protection Commission
Address: 1000 Sofia, 4A Slaveykov Square, 3rd, 4th and 6th floors,
tel .: 02/980 25 24
fax: 02/988 42 18
hotline: 0700 111 22
These general terms and conditions enter into force for all Users of the "Virtual Server" service (VPS) from the date of acceptance.