General Terms and Conditions for
“Digital Services Package” Services
Art. 1. The current General Terms and Conditions are meant to regulate the relations between Progress Factory Ltd, Gabrovo, 17 Hemus blvd., UIN 203042266, represented by Mr. Iliyan Ivanov, General Manager, hereinafter the PROVIDER, and their customers, hereinafter referred as USERS of the provided hosting services, hereinafter referred to as the Services.
ІІ. INFORMATION ABOUT THE PROVIDER
Art. 2. Information under the Electronic Commerce Act and the Consumer Protection Act:
1. name of the Provider: Progress Factory Ltd;
2. Seat and registered address: Gabrovo, 17 Hemus blvd.; email: firstname.lastname@example.org, tel.:
3. Entry in public registers: UIN 203042266
4. Supervisory bodies:
(1) Commission for Personal Data Protection:
- Address: Sofia, Ivan Evstatiev Geshov Str. № 15,
- Tel.: (02) 940 20 46,
- Fax: (02) 940 36 40
- Email: email@example.com, firstname.lastname@example.org
- Website: www.cpdp.bg
(2) Commission for Consumer Protection
- Address: Sofia 1000, Slaveykov Sq. №4А, Floors 3, 4 and 6,
- Tel.: (02) 980 25 24
- Fax: (02) 988 42 18
- Hot line: 0700 111 22
- Website: www.kzp.bg
III. CHARACTERISTICS OF THE SERVICE
Art. 3. The Service, provided by the Provider to the Users includes the following:
1. Analysis of the company background, market trends and competition in the field of business;
2. Creating advertising content in the agreed platform;
3. Managing the advertising campaign;
4. Providing regular analysis and statistical data of key performance indicators.
IV. SERVICE PRICE AND RIGHT OF WITHDRAW
Art. 4. The Provider provides the Service against royalty, to be paid by the Users as per their chosen service package.
Art. 5. (1) The Users pay the Service Price in advance, at the beginning of each subscription period.
(2) The Provider confirms receipt of payment through activation of the Service.
(3) The User has the right to withdraw from the agreement for the use of the Service and terminate this contract without giving any prior notification or reason within 30 calendar days
V. PROVISION OF THE SERVICE
Art. 6. (1) In order to manage and operate the Service, the User shall provide administrative access of its business account to the Provider.
(2) By filling in their details and pressing the buttons for making an order or agreeing with the General Terms and Conditions, the Users declare that they are familiar with these General Terms and Conditions, agree with their content and unconditionally undertake to respect them.
(3) By performing the actions under art.1 and 2 the Provider creates a profile of the User and contractual relations between them arise.
VI. AMENDMENTS AND ACCESS TO THE GENERAL TERMS AND CONDITIONS<
Art. 7. (1) The current General Terms and Conditions may be amended by the Provider, for which the latter shall notify all users of the service in an appropriate way.
(2) The Provider and the Users agree that any supplement or amendment of these General Terms and Conditions shall apply to the Users after explicit notification from the Provider and in case the Users do not reject them within the provided 14 days.
(3) The Users agree that all statements by the Provider in relation to the amendment of these General Terms and Conditions shall be sent to the e-mail address, specified by the User during the registration process for the use of the Service. The User agrees that emails sent under this article do not need to be signed via electronic signature in order to affect them.
Art. 8. The current agreement for provision of the Services shall be terminated:
- with the expiration of the agreement, as per the term of the User’s subscription plan. In this case, the current General Terms and Conditions shall continue to apply as regards other Services used by the User, for which the term of paid subscription has not yet expired.
- in case of dissolution and liquidation or declaration of bankruptcy of one of the parties;
- given objective inability of any of the parties to perform their obligations;
- by the parties’ mutual agreement in writing;
- in case of seizure or sealing of equipment by public authorities;
- in cases under Art. 11, Para. 6 of these General Terms and Conditions by a unilateral notification by the Provider, including via e-mail;
VIII. OTHER CONDITIONS
Art. 9. (1) The User and the Provider shall be obliged to protect each other's rights and legal interests, as well as any trade secrets which have come to their knowledge in the process of executing the agreement and these General Terms and Conditions.
(2) During and after the expiration of the agreement’s term, the User and the Provider shall abstain from making public knowledge any written or verbal correspondence held between them. Public knowledge is to be understood as publication of correspondence in the press and electronic media, internet forums, personal or public websites, etc.
Art. 10. In case of a conflict between these General Terms and Conditions and the clauses of a specific agreement between the Provider and the User, the clauses of the special agreement shall prevail.
Art. 11. The potential annulment of any provision of these General Terms and Conditions shall not invalidate the entire agreement.
Art. 12. (1) The Users are entitled to refer all disputes with the Provider arising from the performance of this contract to the Alternative Dispute Resolution platform, available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
(2) All disputes arising from the current General Terms and Conditions or related to them, which cannot be settled amicably and through negotiations between the Provider and the User, shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, pursuant to its Rules for cases based on arbitration agreements, whereas Bulgarian law shall be applicable. In case the Users are consumers within the meaning of the Consumer Protection Act, they shall be entitled to refer the dispute to the competent Bulgarian courts.
Art. 13. The commercial and civil legislation of the Republic of Bulgaria shall apply to any matter not settled in this agreement and related to its execution and interpretation.
Art. 14. The current General Terms and Conditions shall take effect for all Users as of (October 21,2019)