General Terms for Managed VPS Hosting Service
I. SUBJECT
Art. 1. These general terms are intended to regulate the relationship between "SELITON BULGARIA" Ltd., Sofia 1784, 12 Mihail Tenev St., Eurotour Business Center, 5th floor, office 18, UIC 131125135, hereinafter referred to as the PROVIDER, and the clients, hereinafter referred to as USERS, of the service for providing and maintaining a managed virtual server, hereinafter referred to as the Services.
Art. 2. (1) Managed VPS is a hosting service (hereinafter referred to as Managed VPS) where the User receives a virtually separate, independent server maintained by the Provider;
(2) Users of the Service are solely physical and legal persons who enter into a contract with the Provider and wish to use the Managed VPS service to conduct their professional or commercial activities. Users can be adults and capable individuals or legal entities represented by their legal representatives or duly authorized persons. Physical persons - 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 has been issued. If the first payment is not made by a legal entity, the owner is the contact person;
(4) The services under these general terms also include administration and technical support services for the virtual server, monitoring, and maintaining backups of the content.
II. PROVIDER DATA
Art. 3. Information according to the Electronic Commerce Act:
1. Name of the Provider: "SELITON BULGARIA" Ltd.
2. Registered office and address of management: Sofia, 12 Mihail Tenev St., Eurotour Business Center, office 18
3. Address for carrying out activities: Sofia, 12 Mihail Tenev St., Eurotour Business Center, office 18
4. Correspondence address: Sofia, 12 Mihail Tenev St., Eurotour Business Center, office 18, Email: sales@seliton.bg, phone: 0700 45 155
5. VAT registration number: 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 virtually separate server. The server has no control panel;
4.2 Provision of 24/7 technical support for the virtual server;
4.3 Guaranteeing a resource that is not shared with other client applications;
4.4 Provision of 24/7 monitoring and response to problems;
4.5 Regular 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 customary practice and consumption. Sending spam is not allowed.
(3) In case of deviation from the use according to paragraph 2, the Provider has the right to temporarily or permanently limit or terminate the provision of the service.
IV. SERVICE PRICE
Art. 6. (1) The Provider provides the Service for a fee, payable by the User according to the chosen subscription plan.
(2) Information about the different subscription plans is available at: http://seliton.bg/
Art. 7. (1) The User pays the price of the service before the beginning of each subscription period.
(2) The Provider confirms the 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 must issue an electronic invoice in the name of the person who must pay for the service and send it to the email address specified by that person or, in the absence of such - to the email address specified by the User during registration. Regardless of the payment and invoice issuance, the party to this contract and the holder of the rights to the hosting service is the Owner.
V. SERVICE PROVISION
Art. 9. (1) The Provider provides the User with a personal profile (access to the ticket system), which is a separate part of the Provider's technical devices (servers) containing the User's information.
(2) The User has the right to manage the Service only through the administrative panel provided by the Provider for the Seliton online store and by identifying themselves with the provided username and password.
(3) The User has the right to remote access only to the space allocated to them on the Provider's server.
Art. 12. (1) The User has the right to use the Service in good faith and as intended.
(2) The User undertakes not to use the Service for the following:
1. Installing software systems other than the Seliton platform and accompanying modules of the Seliton platform
2. Publishing, distributing, or providing in any way data, messages, text, computer files, or other materials that contradict Bulgarian law, applicable foreign laws, these terms, Internet etiquette, or good morals and infringe on 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 legitimate interests of third parties;
2.2 Commercial, official, or personal secrets or other confidential information;
2.3 Publishing, distributing, or providing software or other computer files containing viruses or other harmful programs or their components;
2.4 Publishing or transferring pornographic and illegal materials.
3. Publishing data, messages, text, computer files, or other materials containing threats to human life and bodily integrity, 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 violent change of the constitutionally established order, committing a crime, etc.
Art. 13. (1) To improve the quality of the Service, perform maintenance, repair faults, and other related activities, the Provider has the right to temporarily limit or suspend the provision of the service.
(2) In the cases under paragraph 1, the Provider is obliged to promptly restore the provision of the service after the circumstance causing the suspension has been removed.
Art. 14. (1) To improve the quality of the Service and in the interests of the User for 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 according to these general terms.
(2) In case of a change in the subscription plan, the Provider changes the plan by reducing the term according to the recalculated price of the new plan. The User uses the new plan until the expiration of the recalculated term without paying extra for the service, and after the expiration of this term, the User renews the use of the Service according to the new subscription plan for the respective term and under the respective conditions.
Art. 15. (1) If 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 apply, which the User undertakes to familiarize themselves with promptly.
(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 from the change in the service characteristics by the Provider.
Art. 16. The Provider provides technical support to the Users of the service according to the chosen subscription plan by the User.
Art. 17. (1) The Provider takes measures to protect the personal data of the User according to the Personal Data Protection Act.
(2) For security reasons regarding the personal data of the Users, the Provider will send the data only to the email address specified by the Users during registration.
Art. 18. (1) At any time before, during, or after the provision of the Service, the Provider has the right to require the User to identify themselves and verify the authenticity of any of the circumstances and personal data declared during registration.
(2) If, for any reason, the User has forgotten or lost their username and password, the Provider has the right to apply the declared "Procedure for lost or forgotten usernames and passwords".
VI. AMENDMENT AND ACCESS TO THE GENERAL TERMS
Art. 19. (1) These general terms may be amended by the Provider, for which the latter will notify all Users of the service in an appropriate manner.
(2) The Provider and the User agree that any supplement or amendment to these general terms will take effect concerning the User after explicit notification by the Provider, and if the User does not state within the provided 14-day period that they reject them.
(3) The User agrees that all statements of the Provider regarding the amendment of these general terms will be sent to the email address provided by the User during registration for using the Service. The User of the service agrees that electronic messages sent according to this article do not need to be signed with an electronic signature to be effective concerning them.
(4) In case of expiration of the term of the current subscription plan for the Service, the payment of amounts for the next period by the User is considered a renewal of the contract under the current general terms for the Service.
Art. 20. The Provider publishes these general terms at http://seliton.bg/, along with all supplements and amendments to them.
VII. TERMINATION
Art. 21. The contract for the provision of the Service is terminated:
1. upon the expiration of the contract term according to the period of the subscription plan chosen by the User;
2. upon termination and 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 their obligations;
5. upon seizure or sealing of equipment by state authorities;
6. in the cases of Art. 15, paragraph 2.
Art. 22. The Provider has the right, at its discretion, without notice and without compensation, to unilaterally terminate the contract if it finds that the services provided are used in violation of these general terms, the Policies adopted by the Provider, the legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules for using the "Managed VPS" service.
VIII. LIABILITY
Art. 23. (1) If the User terminates this contract prematurely, the User owes the Provider a penalty in the amount of the due fee for the remaining period of the contract.
(2) If the Provider has received the entire amount for the contract term, the fee paid by the User is considered compensation to the Provider for the premature termination of the contract.
(3) If this contract is unilaterally terminated by the Provider due to the User's fault, the User owes the Provider a penalty in the amount of the due fee for the remaining period of the contract.
Art. 24. In case of fault by the User for the provision of the Service, the Provider has the right to a penalty in the amount of the due fee for the remaining period of the contract.
Art. 25. In case of a complaint from a third party about the use of the service in violation of legal provisions, moral rules, or the provisions of these general terms, the parties agree that the Provider has 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 the Provider harmless from legal claims and other claims by third parties (whether justified or not), for all damages and costs (including attorney fees and court costs) arising from or related to (1) non-compliance with any of the obligations under this contract, (2) violation of copyright, production, broadcasting rights, or other rights to intellectual or industrial property, and (3) unauthorized transfer to other persons of the rights granted to the User for the term and under the conditions of the contract.
Art. 27. The Provider is not responsible in case of the inability to provide connectivity or the functioning of the technical equipment for a certain period due to force majeure, accidental events, internet problems, technical or other objective reasons, including orders of competent state authorities.
Art. 28. (1) The Provider is not responsible for damages caused by the User to third parties.
(2) The Provider is not responsible for property or non-property damages, expressed as lost profits or suffered damages, caused to the User in the process of using or not using the Service.
(3) The Provider is not responsible for the time during which the Service was not provided to the User based on Art. 23.
Art. 29. (1) The Provider is not responsible in cases of overcoming the security measures of the technical equipment through which the service is provided and resulting in the loss of information, dissemination of information, access to information, restriction of access to information, change of information published on the User's websites, and other similar consequences.
(2) The Provider is not responsible in case of providing access to information, loss, or change of data or service parameters resulting from false identification of a third party representing the User, if the circumstances suggest that this person is the User.
Personal Data Protection
Art. 29A. (1) The Provider takes measures to protect the personal data of the User according to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals concerning 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 processes the personal data of the Users based on Art. 6, paragraph 1, letter "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 required information according to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals concerning 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 on Personal Data Protection, available at http://seliton.bg/, with which the User declares, by accepting these general terms, that they have read and agreed.
(4) In providing the service, the Provider acts solely according to the instructions of the User of the service and only to the extent that it can control the personal data that the user processes. The contract for using the service and the use of its features and capabilities made available by the Provider as part of the service represent the exhaustive and explicit instructions of the user of the service to the obligated person (the provider of the service). In this sense, the Provider (the service provider) has no control over the content and data that the user of the service chooses to load into the service (including whether these data include personal data or not). In this case, the Provider has no role in the decision-making process of whether the user uses the service to process personal data, for what purposes, and whether they are protected. Accordingly, the Provider's responsibility in this case is limited to 1) complying with the instructions of the user of the service as described in the service provision contract and 2) providing information about the service and functionalities through its interface. In the present case of providing hosting services 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 security reasons regarding the personal data of the Users, the Provider will send the data only to the email address specified by the Users during registration.
IX. OTHER CONDITIONS
Art. 30. (1) The User and the Provider undertake to mutually protect their rights and legitimate interests, as well as to protect their trade secrets that have become known to them in the process of executing the contract and these general terms.
(2) The User and the Provider undertake, during and after the contract period, not to publicly disclose written or oral correspondence between them. Public disclosure may be considered the publication of correspondence in print and electronic media, internet forums, personal or public websites, etc.
Art. 31. In case of contradiction between these general terms and agreements in a special contract between the Provider and the User, the clauses of the special contract take precedence.
Art. 32. The possible invalidity of any provision of these general terms will not lead to the invalidity of the entire contract.
Art. 33. All disputes arising from these general terms or related to them, if not resolved amicably between the Provider and the User through negotiations, will be referred for resolution to the Arbitration Court at the Bulgarian Chamber of Commerce and Industry, according to its Rules for cases based on arbitration agreements, with Bulgarian law being applicable.
Art. 34. For matters not settled in this contract related to the performance and interpretation of this contract, the laws of the Republic of Bulgaria and the Policies apply.
Art. 35. These general terms come into force for all Users on June 8, 2015.