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I. SUBJECT

Art. 1. The current General Terms and Conditions are meant to regulate the relations betweenSuperHosting.BG Ltd, Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36, UIN 131449987, represented by Mr. Lybomir Rusanov, 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: SuperHosting.BG Ltd; 2) Seat and registered address: Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov 36; email: esales@superhosting.bg, tel.: 0700 45 800, 02 81 08 999; 5) Entry in public registers: UIN 131449987, Data Controller Certificate № 0021684; Supervisory bodies: (1) Commission for Personal Data Protection: Address: Sofia, Ivan Evstatiev Geshov Str. № 15, tel.: (02) 940 20 46, fax: (02) 940 36 40Q email: kzld@government.bg, kzld@cpdp.bg, 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, VAT registration BG 131449987; The Good Commercial Practice Code - Guidelines on general terms and conditions for providing services on the Web, adopted by the Commission for Consumer Protection and the Bulgarian Web Associationhttp://kzp.bg/download.php?mode=fileDownload&p_attached_file_id=9501, SuperHosting.BG Ltd is party to the Code of Ethics of the Bulgarian Web Association -http://bwa.bg/wp-content/uploads/2013/03/BWA-Ethic-New2.pdf.

III. CHARACTERISTICS OF THE SERVICE

Art. 3. The Services, provided by the Provider to the Users includes the following:
1.Provision of free space within the Provider’s server infrastructure, where the User has the right to publish and share information on the Internet with third parties;
2.Provision of administrative panel access for publishing, processing and administering information, shared within the provided space;
3.Use of email;
4.Provision of service parameters, as per the subscription plan chosen by the User;
5.Provision of technical maintenance for the Service;
6. Control panel for management of subscriptions and accounts under the Service and other related services offered by the Provider.
Art. 4. (1) The Provider provides and the Users use the Service, as per the subscription plan chosen by the Users.
The Provider provides the Service in good faith, within reasonable usage levels, as accepted in practice and among customers. In its Policies, the Provider announces an indicative list of fraudulent use and technical and software limitations with regard to the Service.
(3) Should deviations from the use as per Para. 2 be established, the Provider has the right to temporarily or permanently limit or suspend the provision of the Service.

IV. SERVICE PRICE AND RIGHT OF WITHDRAW

Art. 5. (1) The Provider provides the Service against royalty, to be paid by the Users as per their chosen subscription plan.
(2) Information for the different subscription plans is available at:http://www.superhosting.bg/web-hosting-compare-hosting-plans.php. Information for admissible payment methods for the Services is available atwww.superhosting.bg and in the Users’ customer basket for ordering payments.
Art. 6. (1) The Users pay the Service Price in advance, at the beginning of each subscription period, as per their chosen subscription plan. The Users undertake to pay for the Service as per their chosen subscription plan by pushing the button "Order Payment" and after accepting the current General Terms and Conditions in the customer basket for placing orders
(2) The Provider confirms receipt of payment through activation of the Service and via an email letter sent to the User. The Provider confirms via email the conclusion of the agreement with the User for the use of the Service as per the chosen subscription plan.
(3) The User has the right to withdraw from the agreement for the use of the Service without giving any reason, without owing compensation or penalties and without incurring any additional expenses, with the exception of costs pursuant to Art. 54, Para. 3 and Art. 55 of the Consumer Protection Act, within 30 calendar days from the date of conclusion of the agreement. The User may exercise their right of withdrawal from the agreement via e-mail, through an unequivocal statement or via the use of the Standard withdrawal form, available at the end of the current General Terms and Conditions and representing Appendix № 1 to the present General Terms and Conditions.
(4) At the end of the current General Terms and Conditions, as Appendix № 2 to the present General Terms and Conditions the Provider publishes the Standard Guidelines for exercising the right to withdraw from an agreement.
(5) In cases pursuant to Para.3, the Provider refunds the entire amount for the Service to the User. As regards Users, who are considered consumers under applicable law, the refund of the disbursed amount shall be done in the same way as the User had used for their payment, unless the User explicitly expresses its wish for a different method of payment.
(6) The right of withdrawal from an agreement does not apply to services which are being performed by the Provider once and have already been carried out. Such services include: domain registration, website registration in popular portals and search engines, website development, system administration, etc.
(7) In cases pursuant to Para.3, the Provider shall be entitled to deduct from the refund amount the value of all fees and commissions paid by the Provider, which are directly related to the provision of services to the User and the return of the amount it has paid.
(8) In cases pursuant to Para.3, should the Users have received some form of additional benefit associated with tangible and intangible expenses on parts of the Provider, the latter shall be entitled to deduct the value of the respective benefit, as well as all expenses incurred in connection with the provision of the Service and not included in the description of the Service, from the User’s reimbursement amount.
Additional benefits are to be considered as gifts within current promotions, additional free services provided within a package, promotional advertising credits, cash bonuses, etc.
(9) In case of exercising the right of withdrawal from the agreement for use of the Service, the Provider shall immediately confirm via email receipt of the User’s statement of withdrawal from the agreement.
(10) Exercising the right of withdrawal shall terminate the obligations of the parties to perform the distance agreement. The termination shall not affect the validity and effect of other agreements for Services between the Provider and the User as per the subscription plans for individual services ordered by the User.
(11) In case of exercising the right of withdrawal from the agreement for use of the Service, the Provider shall reimburse the User with the amount paid under the respective subscription plan within 14 days from the date of notice of the User’s decision to withdraw from the agreement.
(12) The right of withdrawal under Para.3 applies also to Users who are not considered consumers under the Consumer Protection Act.

V. PROVISION OF THE SERVICE

Art. 7. (1) In order to manage and operate the Service, the User shall enter a password for remote access, chosen by them.
(2) The password for remote access is determined by the User by means of an online registration on the Provider’s website and in accordance with the procedure referred to therein.
(3) By filling in their details and pressing the buttons "Yes, I accept", "Registration", "I agree with the General Terms and Conditions" or "Order Payment", the Users declare that they are familiar with these General Terms and Conditions, agree with their content and unconditionally undertake to respect them.
(4) The Provider confirms the User’s registration by sending an e-mail to the electronic mail address provided by the User. The data for the activation of the registration should be sent to the same address. A User account is created after the activation and thus, contractual relations arise between the Provider and the User. Agreements for the use of each individual Service shall be concluded by pressing the button "Order Payment" in the User’s customer basket.
(5) Upon registration, the User is obliged to provide accurate and current data. In case of changes, the User undertakes to promptly update the data stated in their registration.
Art. 8. (1) The Provider provides to the User access to the administrative panel for remote use of the Service.
(2) The Users have the right to manage the Service exclusively through the administrative panel provided by the Provider and after authorization by their respective user name and password.
(3) The Users are entitled to remote access only to their respective space within the Provider’s server infrastructure.
Art. 9. (1) The Users are entitled to share information through recording it within the respective space provided by the Provider, on a server connected to the Internet.
(2) The Provider ensures the server’s connectivity to the Internet and the technical equipment’s reliability within the selected subscription plan.
(3) The Users are entitled to record information on their respective space within the Provider’s server infrastructure through the use of specialized software, so long as this does not disrupt the server’s functioning and security.
Art. 10. (1) The Provider provides to the Users the option of using a private e-mail service.
(2) The Users are entitled to use the e-mail service within the parameters of their chosen subscription plan.
Art. 11. (1) The Users are entitled to use the Services in good faith and pursuant to the common purpose of the Services.
(2) When using the Services, the Users are restricted from using software, scripts, programming languages or other technologies that may create difficulties for other customers in using the Services.
(3) The Users shall use technologies and develop their sites in a way that is in accordance with modern requirements for security, functionality and efficiency. Sites developed by the Users using the Services should not create server load, which exceeds the normal and adopted in practice consumption levels of the Shared Hosting Service.
(4) The Users are restricted from using the Service for creating and providing Internet games. Internet game within the meaning of this article does not include organizing promotions, quizzes and other activities of the kind.
(5) The Users do not have the right to use the Service for creating a "proxy" and initiating resident programs.
(6) The Users are restricted from using the Services for the following:
  • Publishing, disseminating or providing by any other means of data, messages, text, computer files or other materials, which conflict with Bulgarian legislation, applicable foreign laws, these current General Terms and Conditions, Internet ethics or morals, as well as such, which violate the rights of third parties such as:
    • copyright or related rights, trademarks, patent or other intellectual property rights, title of ownership and any other material or moral rights or legitimate legal interests of third parties;
    • representing commercial, personal or professional secrets or other confidential information;
  • Publishing, disseminating or providing of software and other computer files that contain viruses or other risky programs or their components.
  • Publishing or transmitting pornographic and illegal content.
  • Publishing data, messages, text, computer files or other materials containing threats to the life and physical integrity of an individual, promoting discrimination, preaching fascist, racist or other anti-democratic ideologies, the content of which violates human rights or freedoms under the Constitution and laws of the Republic of Bulgaria or international regulations, calling for violent change of the constitutionally established order, committing crimes, etc.
(7) The Users agree not to use the Service for sending out unwanted mail - "SPAM." The violation of this condition may result in suspension of the provided Services, for which the Provider shall inform the Users. In case of repeated violations, the Provider has the right to unilaterally terminate the provision of Services without prior notice.
Art. 12. (1) The Users shall ensure their own equipment, allowing them to access and manage the Services.
(2) The Services do not include the provision of a domain name.
Art. 13. (1) In order to improve quality of the Services, performed maintenance, troubleshooting and other related activities, the Provider is entitled to temporarily restrict or suspend the Services.
(2) In cases under Para.1, the Provider is obligated to timely restore the provision of the Services, after circumstances which led to its suspension have been resolved.
Art. 14. The Provider provides technical maintenance to the Users of the Services, as per their chosen subscription plan.
Art. 15. (1) The Provider shall undertake measures to protect the User’s personal data, pursuant to the Law for Protection of Personal Data.
(2) For security reasons as regards the User’s personal data, the Provider shall send data only to the e-mail address, that has been specified by the Users at the time of registration.
(3) The Users agree that the Provider is entitled to process their personal data for the purpose of fulfilling the current agreement, including to perform audio recordings with regard to the provision of maintenance services through the Provider’s Call Center.
(4) The Provider shall submit personal data to state authorities only in cases provided for under applicable law and in accordance with the legal order.
(5) The Provider has the right to send to the User commercial and advertising messages, which the Users expressly consent to through accepting these current General Terms and Conditions.
Art. 16. (1) At any given time before, during or after the provision of the Services the Provider is entitled to require from the Users to identify themselves and to verify the authenticity of personal data and any of the circumstances declared during the registration.
(2) If for any reason the Users have lost or forgotten their username and password, the Provider is entitled to apply the published "Procedure for lost or forgotten names and passwords", available athttp://www.superhosting.bg/web-hosting-page-terms-and-agreements-password.php.

VI. AMENDMENTS AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 17. (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 and within 7 days.
(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 one month term.
(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. 18. The Provider publishes the current General Terms and Conditions at http://www.superhosting.bg/web-hosting-page-terms-and-agreements.php, together with all supplements and amendments to them.

VII. TERMINATION

Art. 19. 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;
  • in case of seizure or sealing of equipment by public authorities;
  • in cases under Art. 11, Para. 6 of these General Terms and Conditions;
Art. 20. The Provider is entitled to unilaterally terminate the agreement in its sole discretion, without giving prior notice and without being obliged to pay any compensation, if they establish that the provided services are being used in violation of these current General Terms and Conditions, the Provider’s Policies, the Bulgarian legislation, conventional moral norms or rules for the use of the Shared Hosting Service.

VIII. LIABILITY

Should the Users terminate this agreement early, outside the hypothesis of exercising the right of withdrawal pursuant to Art. 50 of the Consumer Protection Act or the right of withdrawal under Art. 6, Para. 3 of these General Terms and Conditions, they shall pay to the Provider compensation for damages in the amount due for the remaining period of the agreement.
(2) If the Provider has received the full amount for the term under the agreement, the remuneration paid by the User shall be accepted by the Provider as compensation for the early termination of the agreement.
(3) Should the agreement be unilaterally terminated by the Provider due to the User’s failure to observe their obligations under the agreement, the latter shall owe to the Provider compensation for damages in the amount due for the remaining period of the agreement.
Art. 22. If the User fails to observe their obligations under the agreement for provision of the Service, the Provider is entitled to receive compensation for damages in the amount due for the remaining period of the agreement.
Art. 23. (1) In case of receipt of a third party complaint about the use of the Service in violation of legal provisions, moral rules or the provisions of these General Terms and Conditions, the parties agree that the Provider may temporarily restrict the Service or access to the User’s information until the case is resolved.
(2) The Provider is not liable for damages and lost profits resulting from the suspension of the User’s sites or other communication services, effected by virtue of an official act or order issued by a public authority.
Art. 24. The User shall indemnify and relieve the Provider from any responsibility in lawsuits and other third party claims (whether justified or not) for all damages and expenses (including attorney and court fees) arising from or in connection with (1) failure to observe any of their obligations under the agreement, (2) breach of copyright, production and broadcasting rights or any other intellectual or industrial property rights and (3) unlawful transfer of rights granted to the User for the duration and under the provisions of this agreement to third parties.
Art. 25. The Provider shall not be held liable in the event of failure to provide connectivity or operation of the equipment over a period of time due to force majeure, random events, problems with the Internet, technical or other objective reasons, including competent state authorities’ orders.
Art. 26. (1) The Provider shall not be held liable for damages caused by the User to third parties.
(2) The Provider shall not be held liable for pecuniary or non-pecuniary damages in terms of lost profits or damages caused to the User in the process of use or non-use of the Service.
(3) The Provider shall not be held liable for the time during which the Service has not been provided to the User as per Art. 23.
Art. 27. (1) The Provider shall not be held liable in cases of breach of security measures of the technical equipment, through which the service is being provided, which resulted in loss of information, dissemination of information, access to information, restricting access to information, changes to information published on the User’s sites and other similar consequences.
(2) The Provider shall not be held liable in cases of providing access to information, loss or alteration of data or parameters of the Service, including with regard to the transfer of accounts or domains to a third party as a consequence of fake identification of a third person pretending to be the User, if from the circumstances it can be assumed that this person is the User.

IX. OTHER CONDITIONS

Art. 28. (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. 29. 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. 30. The potential annulment of any provision of these General Terms and Conditions shall not invalidate the entire agreement.
Art. 31. 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.
Art. 32. 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. 33. The current General Terms and Conditions shall take effect for all Users as of(December 01,2015)
Art. 34. The Policies for the use of the Shared Hosting Service are published on:Policies


Appendix № 1

Standard Form for Exercising the Right of Withdrawal from the Agreement:
(complete and return this form only if you wish to cancel your agreement)
– To SuperHosting.BG Ltd, Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov № 36; UIN 131449987, email: esales@superhosting.bg, tel.: 0700 45 800, 02 81 08 999:
– I/we* hereby inform you that I/we* withdraw from the agreement concluded between us with regard to the provision of the following service: *
– Ordered on*/received on*
– Customer name/s
– Customer address
– Customer signature/s (only if the present form is in hard copy)
– Date
------------------------------------------------------
* Delete as appropriate.


Appendix № 2

Information about Exercising the Right of Withdrawal from an Agreement:
Standard instructions for a withdrawal:
I. Right of withdrawal from a distance or off-premises agreement.
II. You have the right to withdraw from this agreement without giving any reasons within 30 days.
III. The withdrawal period is 30 days from the date on which the agreement was concluded.
In order to exercise your right of withdrawal, you need to notify us (SuperHosting.BG Ltd, Sofia, Dstr. Iztok, Blvd. Dr. G.M. Dimitrov № 36; UIN 131449987, email: esales@superhosting.bg, tel: +359 2 81 08 999, also about your decision to withdraw from the agreement through a unequivocal statement (e.g. written letter sent via registered mail, fax or email).
You may use the attached standard withdrawal form, but it is not obligatory. You may also fill out and submit the standard withdrawal form or any other unequivocal statement electronically, via our website (www.superhosting.bg). If you opt for the above, we shall immediately notify you via a durable medium (e.g. by email), confirming receipt of the withdrawal.
In order to meet the deadline for withdrawal, it is enough to send your communication about exercising your right of withdrawal prior to the expiration of said deadline.
IV. Act of withdrawal.
Should you opt to withdraw from this agreement, we shall reimburse all payments we received from you, including costs of delivery (excluding additional expenses associated with your selected way of delivery, differing from the least expensive standard delivery offered by us), without undue delay and in any event, no later than 14 days from the date on which we were notified about your decision to withdraw from this agreement. We shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you explicitly agree to another method of payment; in any event, such reimbursement shall not result in additional expense for you. In the event that the User has received any commodities under the agreement, we expect them to send or return to us such commodities without undue delay and in any case, no later than 14 days from the date on which you notified us about your decision to withdraw from this agreement.
The deadline is met, if you send back the respective commodities before the expiration of the 14-day period. With regard to agreements for provision of services - If you have requested the provision of services to begin during the withdrawal period, you shall pay us an amount, proportionate to the services provided up until the moment you informed us that you have opted to exercise your right of withdrawal from this agreement as compared to the total amount under the agreement.
Completion Instructions:
1. Fill in one of the following quotes:
a) with regard to contracts for services or supply of water, gas or electricity, when they are not offered for sale, packaged in limited volume and in set quantity, as well as central heating or digital content, not provided on a tangible medium: "the date on which the agreement was concluded.";
b) with regard to sales contracts: "the date on which you or a third party, other than the carrier and indicated by you, took possession of the commodities.";
b) with regard to contracts under which the customer has set one order for many goods delivered separately: "the date on which you or a third party, other than the carrier and indicated by you, took possession of the last commodity.";
b) with regard to contracts under which the delivered goods consist of multiple batches or pieces: "the date on which you or a third party, other than the carrier and indicated by you, took possession of the last batch or piece.";
b) with regard to contracts for the regular supply of goods within a certain period of time: "the date on which you or a third party, other than the carrier and indicated by you, took possession of the first commodity.";
2. Fill in your name, geographical address and, if available, your telephone number, fax number and email address.
3. If you allow consumers to electronically fill in and submit information about their withdrawal from an agreement on your website, fill in the following:
"You may also fill out and submit the standard withdrawal form or any other unequivocal statement electronically, via our website (fill in the internet address). If you opt for the above, we shall immediately notify you via a durable medium (e.g. by email), confirming receipt of the withdrawal."
4. With regard to sales contracts, in which you have not offered to collect the goods in case of withdrawal, fill in the following:
"We may delay reimbursing the payments until the return of the commodities or until you present proof that you have sent them back to us, depending on whichever of the two occurs earlier."
5. If the customer has received commodities under the agreement:
(a) include either:
– "We shall collect the commodities", or
– “We expect you to send or return such commodities to us or to ... (include the name and geographical address) without undue delay and in any case, no later than 14 days from the date on which you notified us about your decision to withdraw from this agreement.
The deadline is met, if you send back the respective commodities before the expiration of the 14-day period.`;
(b) include:
– "We shall bear all costs for returning the commodities.";
– “You shall bear all direct costs related to the return of the commodities.";
– if under a distance contract you do not offer to bear the cost for returning the commodities and, given their nature, such commodities cannot be returned in a conventional manner by mail: "You shall bear the direct costs related to the return of the commodities, amounting to ______ EUR (insert amount).", or if the costs related to the return of the commodities cannot be reasonably calculated in advance: "You shall bear all direct costs related to the return of the commodities. Such costs are not expected to exceed approximately _____ EUR (insert the amount).", or
– if under an off-premises contract the nature of the commodities does not allow their return in a conventional manner by mail and if they were delivered to the consumer's home at the time of concluding the contract: "We shall collect the commodities at our own expense.", and
(c) include: "You are liable only with regard to the reduced value of the commodities as a result of testing them in a way different from what is necessary to establish their nature, characteristics and good performance."
6. With regard to contracts for provision of services or supply of water, gas or electricity, when they are not offered for sale, packaged in limited volume and in set quantity, as well as central heating, include the following:




"If you have requested the provision of services or supply of water/gas/electricity/central heating (delete as appropriate) to begin during the withdrawal period, you shall pay us an amount, proportionate to the services provided up until the moment you informed us that you have opted to exercise your right of withdrawal from this agreement, as compared to the total amount under the agreement.`