1.2. Confidential Information – The term "Confidential Information" means information which has been or which may be disclosed, either orally or in writing, by one party (the "Provider") to the other party (the "Recipient") in confidence or marked "Confidential", including, without limitation, information concerning any aspect of the business of the Provider or its parent, financial statements, business and marketing plans, pending or threatened litigation, prospective contractual relations, collection, tabulation and analysis of data, computer programming methods, designs, specifications, plans, drawings and similar materials, programs, databases, inventions (whether or not eligible for legal protection under patent, trademark, or copyright laws), research and development, and/or work in progress. Confidential Information also includes any document marked "Confidential". Notwithstanding the foregoing, Confidential Information does not include any information which: (a) is or was in the public domain at the time communicated to the Recipient, or which becomes public through no fault of the Recipient; (b) is or was obtained by the Recipient, with permission to disclose, from a third party not, to the Recipient's knowledge, subject to a contractual, fiduciary or other duty not to disclose; (c) has been independently derived by the Recipient without reference to Confidential Information; or (d) was lawfully in the Recipient's possession free of any duty to the Provider before the date of disclosure to the Recipient by the Provider.
1.5. Trademark – WEB1.BG’s trademarks, trade names, company names, logo’s, used to identify herself, its products and services.
1.6 Website- The WEB1.BG website accessible through https://web1.bg.
1.7 Product- Service offered by WEB1.BG.
2. Duration - Termination
- If a substantial part or the entire body of the End User’s assets is sold
- If the End User suspends all payments, files a voluntary petition in bankruptcy, is declared bankrupt or starts liquidation or similar proceedings
- If there is a major change of the End User’s shareholding structure or if the control over the End User’s business changes hands.
3. Updates and Support
3.1. Web1.BG may ensure such periodical updates for the Services and its functionalities as it deems required at its own discretion. Web1.BG may also ensure updates to fix bugs and add new features.
Web1.BG may update the Services without notifying you, and you hereby consent to Web1.BG applying patches, updates, and upgrades. Web1.BG may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time.
3.2. If the End User is experiencing technical problems with the Services or system, but in Web1.BG’s sole judgment, the problem is caused by something other than the Services and not a direct responsibility of the working of the Services, Web1.BG cannot provide additional support to help remedy the problem, nor at standard service rates.
Technical problems or support questions which are not directly caused by the Services and which require additional support as set out under the present article 3.2. may include (by way of example, but not by way of limitation) the following matters as illustrative examples of additional support that cannot be provided by Web1.BG:
- Computer viruses not introduced by the Services as delivered by Web1.BG
- Problems with the End User’s hardware
- Problems with the End User’s software
- Problems with the End User’s backup and recovery services
- Problems arising from the installation or use of uncertified third-party software
- Problems with the End User’s network
- Servicing, repairing, relocating, re-installing or moving any hardware
If it is unclear at the time of appearance of the technical problem whether the cause is external, Web1.BG will work with the End User to determine the cause. Once it has been established that the cause is indeed external, the End User becomes responsible for further escalation.
Web1.BG supports the End User with assistance in solving problems arising from the use of the Services.
Web1.BG does not offer training, Maintenance or direct Support to staff or partners of End User. End User is exclusively responsible for all training, maintenance and support towards its staff and partners.
3.4. Support offered by Web1.BG to End User includes:
- online support to clients
- providing support through documents, tutorials and blogs which can be found on the website
- Web1.BG reserves the right to add new features, which can be consulted on https://Web1.BG.
- Support does not include:
- Any external components/software needed for the new functionalities
- Travel expenses
3.6. All Support offered by Web1.BG is offered on a best efforts basis. Web1.BG does not guarantee response and intervention times and is not liable for any direct or indirect damages to End User unless shortcomings to best efforts are proven.
4. Pricing & Payment
4.1 All services fees consist per month or year, which are non-refundable and non-fractionable in weekly or other periodical payments. Invoicing for Services is made up front for the upcoming month/year. The fee includes access to the Services and Support as described at any given time on the Website. The End user may opt for a free trial.
5. General Terms of Payment
5.1. All invoices, with monthly or annual subscription fees, will be sent as a PDF and are automatically charged at the start of each billing period. Payments have to be completed with credit card, unless alternative payment methods have been agreed in writing.
5.2. In order to be valid, all protests regarding subscription fees must be submitted immediately by email.
5.3. All delivered goods, including software licenses, user accounts and passwords, shall remain Web1.BG’s property until full payment of all invoices.
6. Intellectual Property and data processing
6.1. Web1.BG may, to the extent that personal data in the sense of the General Data Protection Regulation is processed, be considered to be a data processor for the End User, who acts as a Data controller. In such case, Web1.BG will only process the personal data provided by the End User and only for the purpose for which it is provided by the End User. Web1.BG guarantees that it fully complies to all obligations under the General Data Protection Regulation, both in relation to its obligations as a processor towards End User and in general. It guarantees that it has taken all reasonable technical and organisation precautions to ensure safe data processing and that it shall comply to all obligations towards End User as described in the General Data Protection Regulation. All data is processed within the European Union.
7. Control of Proceedings
7.1. The End User shall forthwith inform Web1.BG in writing about the existence and substance of any legal action based on the allegation that the Services infringes any intellectual or industrial property right of any third party and leave the handling of the case entirely to Web1.BG, including making a settlement.
8. Third Party Licenses
9. Applicable Law – Competent Court
11. Force Majeure
11.1. Neither Party shall be liable for failure or delay on its part in performance of any of its obligations or for any loss, charge or damage suffered by the other Party if such fact shall be the result of or arising out of circumstances of Force Majeure character such as fire, natural disaster, intervention by public authorities or any other cause beyond the control of the signatories; and if such fact has been notified in writing by the signatory claiming Force Majeure promptly to the other upon occurrence.
12. General Terms and modifications