General terms and conditions for Managed VPS hosting service

I. SUBJECT

Art. 1. These general terms and conditions are intended to regulate the relations between "SELITON BULGARIA" EOOD, Sofia 1784, 12 Mihail Tenev Str., Eurotour Business Center, floor 5, office 18, UIC 131125135, hereinafter referred to as the PROVIDER, and the clients, hereinafter referred to as the USERS, of the service provided by it for the provision and maintenance of a managed virtual server, hereinafter referred to as the Services.

Art. 2. (1) Managed VPS is a hosting service (hereinafter referred to as the Managed VPS), in which the User receives a virtually separate, independent server maintained by the Provider;
(2) Users of the Service are only natural persons and legal entities who conclude a contract with the Provider and wish to use the Managed VPS service for the purpose of carrying out their professional or commercial activities. Users may be adult and capable individuals or legal entities represented by their legal representatives or duly authorized persons. Individual users use the services for their commercial, professional and business activities and declare that they are not consumers within the meaning of the Consumer Protection Act.
(3) The owner is the legal entity that made the first payment for the Managed VPS service, to which an invoice for this payment was issued. If the first payment was not made by a legal entity, the owner is the individual contact person;
(4) The services under these general terms and conditions also include the services of administration and technical support of the virtual server, monitoring and maintenance of content backup.

II. SUPPLIER DATA

Art. 3. Information according to the Electronic Commerce Act:

1. Name of the Supplier: "SELITON BULGARIA" EOOD
2. Registered office and address: Sofia, Mihail Tenev 12, Eurotour Business Center, office 18
3. Address for exercising the activity: Sofia, Mihail Tenev 12, Eurotour Business Center, office 18
4. Correspondence details: Sofia, Mihail Tenev 12, Eurotour Business Center, office 18, Email: sales@seliton.com, tel: +359 700 45 155
5. Registration under the Value Added Tax Act No. BG 131135125.

III. SERVICE CHARACTERISTICS

Art. 4. The service provided by the Provider to the User includes the following:

4.1 Provision and administration of a virtual separate server. There is no control panel on the server;
4.2 Provision of 24/7 technical support for the virtual server;
4.3 Guarantee of a resource that is not shared with other client applications;
4.4. Provision of 24/7 monitoring and response to problems;
4.5. Regular archiving (backup) of the server content;
4.6. Installation of the Seliton online store on the server.

Art. 5. (1) The Provider provides, and the Users use, the Service according to the parameters of the respective subscription plan chosen by the Users.
(2) The Provider provides the Service within the framework of good faith, reasonable and accepted in practice and customs consumption. Sending spam is not allowed.
(3) In case of establishing a deviation from the use according to para. 2, the Provider has the right to temporarily or permanently limit or terminate the provision of the service.

IV. PRICE OF THE SERVICE

Art. 6. (1) The Provider provides the Service for a fee payable by the User according to the subscription plan chosen by him.
(2) Information about the different subscription plans is available at: http://seliton.com/

Art. 7. (1) The User pays the price of the service before the start of each subscription period.
(2) The Provider confirms receipt of the first payment by activating the service, and subsequent payments by extending the term for its use.
(3) To make the payment for the service, the Provider shall issue an electronic invoice in the name of the person who should pay for the service and send it to the e-mail address specified by him or, in the absence of such, to the e-mail address specified by the User during registration. Regardless of the payment and issuance of an invoice, the party to this contract and the holder of the rights to the hosting service is the Owner.

V. PROVISION OF THE SERVICE

Art. 9. (1) The Provider provides the User with a personal profile (access to a ticket system), which is a separate part of the Provider's technical devices (servers), containing information about the User.
(2) The User has the right to manage the Service only through the administrative panel for the Seliton online store provided by the Provider and by identifying himself with the name and password provided to him.
(3) The User has the right to remote access only to the space allocated to him on the Provider's server.

Art. 12. (1) The User has the right to use the Service in good faith and for its intended purpose.
(2) The User undertakes not to use the Service for the following:

1. Installation of software systems other than the Seliton platform and the accompanying modules of the Seliton platform
2. To publish, distribute or provide in any way, data, messages, text, computer files or other materials that contradict Bulgarian legislation, applicable foreign laws, these terms and conditions, Internet ethics or good morals and that violate the rights of third parties such as:
2.1 Copyright or related rights, trademarks, patents or other intellectual property rights, property rights, as well as any other property or non-property rights or legal interests of third parties;
2.2 Representing a trade, official or personal secret or other confidential information;
2.3 To publish, distribute or provide software or other computer files that contain viruses or other risky programs or their components;
2.4 To publish or transfer pornographic and illegal materials.
3. To Publishing data, messages, text, computer files or other materials containing a threat to the life and physical integrity of a person, propagating discrimination, preaching fascist, racist or other undemocratic ideology, the content of which violates human rights or freedoms under the Constitution and laws of the Republic of Bulgaria or international acts, calling for a violent change of the constitutionally established order, for committing a crime, etc.

Art. 13. (1) In order to improve the quality of the Service, carry out preventive maintenance, repair of damage and other related activities, the Provider has the right to temporarily limit or suspend the provision of the service.
(2) In the cases under para. 1, the Provider is obliged to promptly restore the provision of the service after the circumstance that caused the suspension has ceased to exist.

Art. 14. (1) In order to improve the quality of the Service and in view of the interests of the User in the functioning of the Service, the Provider has the right to change the subscription plan to a higher class, without the prior consent of the User in accordance with these general terms and conditions.
(2) In the event of a change in the subscription plan, the Provider changes the plan by reducing the term in accordance with the recalculation of the price under the new plan. The User uses the new plan until the expiration of the recalculated term, without paying for the service additionally, and after the expiration of this term, the User renews the use of the Service in accordance with the new subscription plan for the relevant term and under the relevant conditions.

Art. 15. (1) In case the contract with the Provider is not terminated after the expiration of the term under the previous article, it is considered concluded for the new subscription plan and the current general terms and conditions apply to it, which the User undertakes to familiarize himself with in a timely manner.
(2) In the cases under Art. 14, the User has the right to terminate this contract with a unilateral statement to the Provider within 30 days, counting from the change in the characteristics of the service by the Provider.

Art. 16. The Provider provides technical support to the Users of the service, according to the subscription plan chosen by the User.

Art. 17. (1) The Provider takes measures to protect the User's personal data in accordance with the Personal Data Protection Act.
(2) For reasons of security of the Users' personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.

Art. 18. (1) At any time before, during or after providing the Service, the Provider has the right to require the User to identify himself and to certify the authenticity of each of the circumstances and personal data declared during registration.
(2) In the event that for any reason the User has forgotten or lost his/her username and password, the Provider has the right to apply the announced "Procedure for lost or forgotten usernames and passwords".

VI. AMENDMENT AND ACCESS TO THE GENERAL TERMS

Art. 19. (1) These general terms and conditions may be amended by the Provider, of which the latter will notify all Users of the service in an appropriate manner.
(2) The Provider and the User agree that any additions and amendments to these general terms and conditions will be effective against the User after explicit notification by the Provider and if the User does not declare within the 14-day period provided to him that he rejects them.
(3) The User agrees that all statements by the Provider in connection with the amendment of these general terms and conditions will be sent to the e-mail address specified by the User when registering for the Service. The Service User agrees that e-mails sent pursuant to this Article do not need to be signed with an electronic signature in order to be effective against him.
(4) In the event of the expiration of the current subscription plan for the Service, the payment of amounts for the next period by the User shall be accepted as a renewal of the contract under the current general terms and conditions for the Service.

Art. 20. The Provider publishes these general terms and conditions at http://seliton.com/, together with all additions and amendments thereto.

VII. TERMINATION

Art. 21. The contract for the provision of the Service shall be terminated:

1. upon expiration of the contract term, according to the subscription plan period selected by the User;
2. upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
3. by mutual agreement of the parties in writing;
4. upon objective impossibility of any of the parties to the contract to fulfill its obligations;
5. upon seizure or sealing of the equipment by state authorities;
6. in the cases of Art. 15, para. 2.

Art. 22. The Provider has the right, at its own discretion, without prior notice and without paying compensation, to unilaterally terminate the contract if it establishes that the services provided are used in violation of these general terms and conditions, the Policies adopted by the Provider, the legislation of the Republic of Bulgaria, generally accepted moral norms or generally accepted rules for using the "Managed VPS" service.

VIII. LIABILITY

Art. 23. (1) In the event that the User terminates this contract early, the User shall owe the Provider a penalty in the amount of the remuneration due for the remaining period of the contract.
(2) If the Provider has received the entire amount for the term of the contract, the remuneration paid by the User shall be considered compensation to the Provider for early termination of the contract.
(3) In the event that this contract is unilaterally terminated by the Provider due to the User's culpable failure to fulfill his obligations, the latter shall owe the Provider a penalty in the amount of the due remuneration for the remaining period of the contract.

Art. 24. In the event of the User's culpable failure to fulfill his obligations to provide the Service, the Provider shall be entitled to a penalty in the amount of the due remuneration for the remaining period of the contract.

Art. 25. In the event of a complaint from a third party regarding the use of the service in violation of legal provisions, the rules of morality or the provisions of these general terms and conditions, the parties agree that the Provider shall have the right to temporarily restrict the provision of the service or access to the User's information until the case is clarified.

Art. 26. The User undertakes to indemnify and hold harmless the Provider from legal claims and other claims of third parties (regardless of whether they are justified or not), for all damages and expenses (including attorneys' fees and legal costs) arising from or in connection with (1) failure to fulfill any of the obligations under this Agreement, (2) violation of copyright, production, broadcasting rights or other intellectual or industrial property rights and (3) unlawful transfer to other persons of the rights granted to the User for the term and under the terms of the Agreement.

Art. 27. The Provider is not liable in the event of inability to provide connectivity or functioning of the technical equipment during a certain period of time due to force majeure, random events, problems on the Internet, technical or other objective reasons, including orders of the competent state authorities.

Art. 28. (1) The Provider is not liable for damages caused by the User to third parties.
(2) The Provider is not liable for material or non-material damages, expressed in lost profits or damages suffered by the User in the process of using or not using the Service.
(3) The Provider is not liable for the time during which the Service was not provided to the User on the basis of Art. 23.

Art. 29. (1) The Provider is not liable in cases of overcoming the security measures of the technical equipment through which the service is provided and this results in loss of information, dissemination of information, access to information, restriction of access to information, change of information published on the User's sites and other similar consequences.
(2) The Provider is not liable in the event of providing access to information, loss or change of data or parameters of the Service, occurring as a result of false identification of a third party who presents himself as the User, if the circumstances indicate that this person is the User.

Protection of personal data

Art. 29A. (1) The Provider shall take measures to protect the User's personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) and the Personal Data Protection Act.
(2) The Provider shall process the Users' personal data on the basis of Art. 6, para. 1, b. "b" of the GDPR - the processing is necessary for the performance of a contract to which the subject is a party.
(3) The Provider has published the information regarding the personal data it processes and the purposes for which they are processed, as well as all the required information pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) in the Mandatory Information on the rights of individuals with regard to the protection of personal data, available at http://seliton.com/, with which the User declares, by accepting these general terms and conditions, that he has read and agrees.
(4) When providing the service, the Provider acts solely on the instructions of the User of the service and only to the extent that it can have control over the personal data that the User processes. The Service Agreement and the use of its functions and capabilities made available by the Provider as part of the Service constitute the comprehensive and explicit instructions of the Service User to the Obliged Person (the Service Provider). In this sense, the Provider (the Service Provider) has no control over the content and data that the Service User chooses to upload to the Service (including whether or not such data includes personal data. In this case, the Provider has no role in the decision-making process as to whether the User uses the Service to process personal data, for what purposes and whether the same are protected. Accordingly, the Provider's liability in this case is limited to 1) compliance with the Service User's instructions in accordance with and as described in the Service Agreement and 2) provision of information about the Service and its functionalities through its interface. In the present case of hosting services provided by the Provider, the Provider has no control and is not responsible for the personal data that the user of the service processes.
(5) For reasons of security of the Users' personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.

IX. OTHER TERMS

Art. 30. (1) The User and the Provider undertake to protect each other's rights and legitimate interests, as well as to keep their trade secrets that have become known to them in the process of performing the contract and these general terms and conditions.
(2) The User and the Provider undertake during and after the expiration of the contract period not to make public any written or oral correspondence conducted between them. The publication of correspondence in printed and electronic media, Internet forums, personal or public websites, etc. may be considered public domain. Art. 31. In the event of a conflict between these general terms and conditions and agreements in a special contract between the Provider and the User, the clauses of the special contract shall prevail.

Art. 32. The possible invalidity of any of the provisions of these general terms and conditions shall not result in the invalidity of the entire contract.

Art. 33. All disputes arising from or relating to these general terms and conditions, if they cannot be settled amicably between the Provider and the User through negotiations, shall be referred for resolution by the Arbitration Court at the Bulgarian Chamber of Commerce and Industry, in accordance with its Rules for Cases Based on Arbitration Agreements, and Bulgarian law shall apply.

Art. 34. For issues not settled in this contract, related to the implementation and interpretation of this contract, the laws of the Republic of Bulgaria and the Policies shall apply.

Art. 35. These general terms and conditions shall enter into force for all Users on June 8, 2015.