Please read carefully the terms and conditions described below since with their acceptance you have concluded a contract with DEMA Com Ltd and you have been legally bound to specific rights and obligations subject to the rules mentioned below.
2. Information in compliance to the regulations of the E-Commerce Act and of the Consumer Protection Act:
Name of Supplier: DEMA Com Ltd;
Headquarters and address of management: Bulgaria, Sofia, 14 Str. Asen Yordanov;
Address for correspondence: Bulgaria, Sofia, 14 Str. Asen Yordanov;
Financially responsible person: Peter Petrov;
The Supplier is obliged to provide to the User the service "Renting of communication equipment" which content is described in details into specifications depending on the subscription plan selected by the User.
There are no additional services included in the price such as:
• Control panel Cpanel
• Additional hardware
• Additional software
• Subscription for administrator support
After having concluded a Contract with the Supplier, the User accepts to use the service in accordance to the requirements of the general terms and the provisions of the contract signed between the parties.
2. Rights and obligations of the Supplier
2.1 To provide the service "Renting of communication equipment" in a data centre used by them.
2.2 To provide physical place in a room for co-location of a server machine with the parameters selected by the User.
2.3 To provide all the necessary IP addresses for operation, the first shall be provided free of charge to the User and for the rest of the items depending on their quantity a price shall be determined on grounds of an additional agreement between the parties.
2.4 To prepare accounts for the obligations of the User and to receive the amounts for providing the service.
2.5 To provide access to the server machine for the User via the Internet 24 hours daily and 365 days yearly, excluding the time necessary for technological preventive maintenance of the facilities for which the User shall be notified about in advance.
2.6 The Supplier shall bear no liability for the materials and the content published in the machine of the User.
2.7 The Supplier shall bear no liability for damages caused and benefits missed in case of occurrence of a situation, in which the reasons for the corresponding problem are due to the actions or in actions of other operators.
2.8 The Supplier shall have no rights for access to the client's machine.
3. Rights and obligations of the User:
3.1 To keep the installed equipment in good working condition with regard to software.
3.2 To pay the price for using the service under the agred relationships.
3.3 To not reveal any facts related to the content of the concluded with the Supplier contract, as well as any such information and decisions.
4. Terms and financial relations
4.1 The service shall be offered from/by the date of lifetime of the machine. A contract between the User and the Supplier shall be concluded for the term of 1 (one) month, except in the case if any one of the parties would ask for its termination on the grounds described below.
4.2 The due amounts representing the rental price shall be paid via one of the ways of payment envisaged by the Supplier and by compliance with the Policies for payments and guarantees published on the following webpage:
4.2.1. Payments and guarantees
The present Terms of payment and guarantees settle the rights and obligations of the customer from the one part, referred to hereinafter for the sake of brevity as "User" and DEMA Com Ltd from the other part, referred to hereinafter as "Supplier".
220.127.116.11. The User is obliged to pay the amounts due to the Supplier with regard to the declared services and/or products, with no right for refusal nor claims, even if the order has been signed by his employee who has no representative power but still has done this as part of his official duties.
18.104.22.168. The User is obliged to pay to the Supplier the price of the services and/or the products within the time limit and under the conditions described in detail on the web pages of the Supplier.
22.214.171.124.1 The price of the services and/or the products is final and subject to change only upon mutual agreement.
126.96.36.199.2 In case the payment has been made by means of a bank transfer, the User has the right to cancel the payment order by means of a written notification to the bank and by a prior written notification sent to the Supplier within 30 days time limit. This is only possible if prior to proceeding with the cancellation of the payment order the entire due amount for the service has been paid out to the Supplier.
188.8.131.52.3 Upon payment with credit card, the Supplier has the right to request information for the validity and the coverage of the credit card of the User. The payment of the agreed price shall be made in full irrespective of the differences in the foreign currencies exchange rate or of other factors - for example, interest rates.
184.108.40.206.4 Upon agreed periodic monthly payment installments with monthly charging made via the credit card, the User declares the following:
220.127.116.11.4.1 With the present I certify my signature or my confirmation over the telephone with regard to the instructions for charging my credit card.
18.104.22.168.4.2 This permission shall be in force after it has been submitted with a written notification to the Supplier.
22.214.171.124. In case the User has not paid the agreed price within the agreed time limit - 1 (one) week after expiration of the declared period, the Supplier shall inform the User after which he has the right to terminate the subscription. If the User has received a discount but has not paid the price within the specified terms, the discount shall be cancelled by right with no need for a notification from the part of the Supplier.
126.96.36.199.1 If because of any kind of reason the User remains unsatisfied with the purchased service, he is entitled to refuse it within 7 days (one week) after the activation of the services from the part of the Supplier. The refund of the full price for an activation of the service shall be made via a bank transfer or in cash at the office of the Supplier and all expenses related to that shall be borne by the User.
188.8.131.52.1 The Supplier shall bear no liability upon destruction or loss of data owned by the User for reasons unrelated to him.
184.108.40.206.2 The Supplier shall bear no liability in case of provision of access to information, loss or change of data or parameters of the Services that have occurred as a result of a false identification by a third party, who has pretended to be the User, if the circumstances have made it possible to assume that this person is the User himself.
220.127.116.11.3 The Supplier shall bear no liability upon violation of the rights of a third party and upon violation of the national legislation in force in this country from the part of the User.
18.104.22.168.1 The Supplier shall issue accounting documents in electronic form according to Art. 7 Par. 1 and Art. 8 from the Accountancy Act, Art. 114 from the Value Added Tax Act and Art. 78 from the Implementation Regulations of the Value Added Tax Act. The stamp is not a mandatory requisite of the invoice and the signatures are replaced by an identification code. Every accounting document shall be sent to an e-mail address specified by the User within the specified time limit.
According to Art. 113 Par. 4 and Par. 6 from the Value Added Tax Act the invoice shall mandatory be issued no later than 5 days from the day of occurrence of the tax event for delivery, and in cases of advance payment - no later than 5 days from the date of receipt of payment. In cases when the issuing of an invoice is not mandatory, it shall be issued upon request from the supplier or from the recipient and either party shall be obliged to provide the necessary cooperation to the other party for the issue.
22.214.171.124. Any disputes arising between the parties on the performance of the contract relations shall be solved by means of negotiations and upon mutual agreement in written form. Provided that the above mentioned proves to be impossible, the disputes should be brought before the competent Bulgarian court.
126.96.36.199. The parties declare that the information which has become known to them with regard to the contract concluded between them is confidential and they shall be obliged to keep it, they shall not distribute it nor bring it to the knowledge of third parties.
188.8.131.52.1 In case of culpable neglect of User's obligations on the contract with regard to the payment of the due remunerations or amounts, and in case of failure to perform other obligations from the part of the User, the Supplier shall be released of his obligations on the previous paragraph.
4.3 The user shall pre-pay the monthly subscription on Art. 1 of the present contract up to 5 (five) days prior to the expiration date of the paid period.
4.4 The Supplier shall be entitled to temporary suspend the access of the User if the latter had not paid his financial obligations owed to the Supplier up to 5 /five/ business days at the latest after the start of the new month.
4.5 Suspension of the access for more than 15 /fifteen/ calendar days shall not release the User from the obligation to pay the monthly subscription for the server rent.
5.1 Each party could terminate the concluded contract by means of a 10-day prior written notification to the other party (by email). The prior notification shall be in two copies, one copy for each one of the parties.
5.2 Prior to expiration of the term on item 4, the User shall have no right to terminate the contract except after payment of the remaining due fees.
5.3 In case the User has failed to pay more than 1 /one/ monthly subscription installment, the Supplier shall be entitled to terminate the contract unilaterally by informing the User about that and the latter shall have to pay all the amounts due by that time.
5.4 The User shall have no right of ownership on the hardware equipment provided to him.
5.5 The Supplier shall have no right of ownership on the information (software) located on the server machine provided by him to be used.
The Supplier shall be released of liability and his obligations on the contract upon occurrence of a force majeure event. The events of force majeure include fire, flooding, extraordinary circumstances, war, blockade, earthquake. The actions or deeds of competent state authorities, limiting the rights or functions of the Supplier.
The provisions of the contract concluded between the Supplier and the User are strictly confidential for them and both parties shall be obliged to keep the confidential nature of the information. Provided that the User fails to observe this provision, the contract shall be terminated by the Supplier.
7.1.1 By placing the order for a product and/or services from the websites owned by the Supplier you agree that your personal data shall be used by us in the sense of and upon observance of the Personal Data Protection Act, limited to the below mentioned cases.
7.1.2. Any personal information and data from your part shall be provided completely voluntarily.
7.2. When are we going to ask for your personal information?
7.2.1. When we need information which could identify you personally (personal information) or which could allow us to contact you by phone, email or standard mail. We need this information only for communication with you, for preparing proform invoices, invoices, notifications about expiring periods, preventive maintenance, new services, and promotional materials.
7.2.2. The personal information which the Supplier collects over his customers is limited to only: name, surname and family name, city, age, address, phone number, mobile phone number and email address, but could possibly include additional information, when we need to provide the products or services ordered by you.
7.2.3. In cases when the purchase of products/services is made in the websites of the Supplier and when payment is required, you shall be asked for personal information necessary for the completion of this payment (name, address, phone number and credit card number), where the conditions for confidentiality of the organization processing the corresponding payment (PayPal.com etc.) are applicable.
7.2.3. When purchasing products and/or services from the websites of the Supplier it is possible that an electronic registration of the product and/or service could be required. In these cases the rules for confidentiality of the corresponding websites, where these registrations should be made, shall be applicable.
7.2.4. The Supplier keeps statistics of the visits in his websites, which could include: IP address, domain name, type of browser, display resolution, operation system used, time for access, addresses of used websites, key words in web search engines etc. This information shall be used only for maintenance and improvement of the service and the content quality, offered to the visitors in the websites of the Supplier.
7.3. Use of Your personal information
Your personal information is used by us for the following purposes:
7.3.1. To provide the requested and/or purchased by you products and/or services.
7.3.2. To provide actual information over the newest products and/or services offered on the websites of the Supplier.
7.3.3. To keep you informed about new products, services and technologies.
7.3.4. Upon your request to keep you informed on product updates, special offers, new information and other products and/or services provided by the Supplier.
In some cases, the Supplier uses the services of other companies, organizations or persons, who perform particular activities on our behalf: performance of services, providing answers to your questions with regard to products and/or services, performing direct email campaigns, processing information etc. We provide to these subjects only the information they need in order to perform the services agreed with us.
The cases in which the Supplier could disclose your personal information are as follow:
• If this is required by a legal and/or regulatory deed of the valid legislation of the Republic of Bulgaria;
• In case of necessity from alignment of the activity of the Supplier in compliance with the valid legal provisions
• For protection of the rights and/or property of the Supplier;
• As a reaction in case of urgent and/or force majeure circumstances for the sake of the personal safety of the employees and partners of the Supplier, the users of products and/or services, purchased by the Supplier or other persons.
7.4. Control of your personal information
7.4.1. When you register in one of the websites of the Supplier or you provide us with personal information in any other way, the Supplier shall be obliged not to share this information with third parties and organizations without your permission, except in the cases described in the above section.
7.4.2. Your personal information shall be used only for the purposes described in the section above.
7.4.3 The process of registration in the webpages of the Supplier provides you with the opportunity to inform us whether you want us to contact you.
7.4.4. The Supplier could send you email messages periodically to inform you about: confirmations and the status of your orders, technical problems etc.
7.5. Access to your personal information
7.5.1. We rely on your providing correct personal information so that we could offer the best products and services at the lowest prices to you.
7.5.2. Access to your personal information is granted only to particular employees of the Supplier who have been designated by the company manager.
7.6. Protection of your personal information
7.6.1. The supplier shall consciously protect the personal information provided by you. We use various protective technologies and procedures in order to prevent non-authorized access or leakage of your information.
7.6.2. Our partner companies, the system for e-payments as well as other services have put their maximum efforts for protecting the confidentiality of the information provided by you.
7.7. Establishment of ownership
7.7.1. The Supplier reserves his right, at his own discretion and according to the established company policy, to unilaterally solve disputes with regard to the ownership of an account and an access to server equipment.
7.2. The Supplier considers owner of the service by default the person to whom the service has been registered.
7.3. Provided that there is no company or natural person entered as an account holder to claim ownership, the Supplier shall require the submission of a license or another document, proving in an explicit manner the use of the service or the submission of invoices for payment and/or renewal of the service.
7.4. In case of death or permanent inability of the real owner to manage the account, the Supplier shall have the right to provide the right of ownership of it to another person, company or organization, after a thorough and detailed investigation.
7.8. The Supplier shall always endorse a judicial decision or a decision made by a state authority in case of litigation for ownership of an account.