terms and conditions
For the provision of services: Hosting/Equipment Colocation, Web Design/Web Programming, and Online Marketing
I. GENERAL PROVISIONS
1. These General Terms and Conditions apply to the provision of services by "VISCOMP" Ltd., with its registered office and management address in Plovdiv 4000, 92B Hristo Botev Blvd., registered in the Commercial Register at the Registry Agency with UIC 160086802, hereinafter referred to as VISCOMP or the Provider, to natural or legal persons, hereinafter referred to as Clients.
2. The general terms and conditions represent pre-established provisions that regulate the relationship between VISCOMP and the Clients under a service agreement.
3. The general terms and conditions create legal effects between the parties after the Client declares in writing that they accept the general terms and conditions.
4. In a written agreement, the parties may negotiate conditions different from the general terms and conditions. These conditions are specified in a written individual contract and apply only to the specific transaction. In this case, in case of inconsistency between the agreed terms and the general terms and conditions, the agreed terms prevail.
II. SERVICES PROVIDED BY VISCOMP TO CLIENTS
1. HOSTING/EQUIPMENT COLOCATION
1.1. VISCOMP provides the following "Hosting" services, explicitly specified in the individual contract with Clients, which are paid periodically according to the contract terms:
- Provision of server space from the Provider, where the Client has the right to publish and share information on the Internet with third parties;
- Provision of access to an administrative panel for publishing, processing, and managing the shared information on the provided space;
- Provision of email services;
- Provision of service parameters, according to the terms of the individual contract;
- Provision of technical support for the service, in accordance with the terms of the individual contract;
- Ability to increase agreed limits and parameters in the shortest possible time;
- Domain registration;
- DNS hosting.
VISCOMP also provides, upon request from Clients, the "Equipment Colocation" service, including:
- Provision of space in the Provider's technical center, where the Client has the right to place equipment according to parameters described in the individual contract:
- Renting an entire rack;
- Partial rack rental;
- Renting a dedicated server;
- Physical access to the technical center 24 hours a day, 365 days a year (optional);
- Access by appointment only;
- On-site assistance from a specialist;
- On-site consultation from a specialist;
- Connectivity to the backbone network with a choice of port – 10/100/1000Mbps;
- Direct connection to an optical port;
- Direct connection to a backbone switch or router;
- Dual power supply – primary UPS, backup UPS with automatic transition to a diesel generator, allowing uninterrupted operation for over 12 hours;
- Well-air-conditioned rooms provided by two independent cooling systems;
- Installation of state-of-the-art Rittal cabinets equipped with ventilation, sensors, sound, and light alarms;
- 24/7 physical support and monitoring;
- 24/7 security;
- The strategic location of the building ensures the highest level of security;
- Two levels of physical access;
- Access control.
1.2. VISCOMP undertakes not to disclose information about its clients to third parties (except for public Wh??? domain information). An exception to the above is permissible if requested by official authorities or with the client's permission. The client agrees that VISCOMP may use the provided personal data for the purpose of delivering and supporting the offered services.
1.3. VISCOMP and the client undertake not to make public the written or oral correspondence conducted between them. The correspondence should not be published in print or electronic media, including Internet websites.
1.4. In case the client forgets/loses the login information for their account, it will be sent only to the email address specified in the control panel. If the client no longer has access to this email address, they will receive the login information for their account in person upon presentation of an identity document when the account belongs to an individual or a current status, in its original form, issued by the Commercial Register when the account belongs to a legal entity. If the data from these documents match those initially provided to VISCOMP, the email address recorded in the account will be changed, respectively, the corresponding login information for the account will be provided.
1.5. Domain registration is completed upon receipt of the due payment and expires at the end of the prepaid period. VISCOMP is not responsible for the registration of domains that have been registered by third parties before receiving the due payment, as well as for domains paid after their expiration. In the case of an unregistered domain due to the above reasons, the paid fee is refunded after deducting 30 (thirty) percent compensation for the expenses/efforts made by VISCOMP.
1.6. VISCOMP sends a notification letter 20 (twenty) days before the domain expires with instructions on how to renew it. The letter is sent to the email address specified by the client in the control panel. VISCOMP is not responsible if the client has not received the notification letter due to providing the wrong or inaccurate email address or due to a change in their email address without informing VISCOMP.
1.7. Domain owners-clients are obliged to maintain accurate Wh??? information for each domain.
1.8. Despite VISCOMP's commitment to make reasonable efforts to protect clients' information, VISCOMP is not liable for its theft, loss, or damage. The client is personally responsible for maintaining copies of their information and must promptly notify the Provider of any unauthorized use of their account or any security breach known or suspected.
1.9. VISCOMP expressly prohibits the placement of the following types of content, such as files or links on hosted websites:
- Calls/invitations/materials inciting illegal activities;
- Materials that violate or may violate others' rights to intellectual property, copyright, and related rights;
- Promotion of pornographic, sexually explicit, violent, uncensored, or extremely indecent materials;
- Anything that constitutes the distribution of spam;
- Anything related to W?r?z or with a hacker orientation;
- Pirated software;
- Attempts to damage the reputation, goodwill, or cause moral or property harm to other clients or the provider;
- Any materials related to incitement of racial, religious, or other hatred;
- Content violating the laws of the Republic of Bulgaria.
1.10. VISCOMP does not provide guarantees that the client's equipment or that of any third party is compatible with the services provided. The Provider does not offer any guarantees of visitation, fitness for a specific purpose, or usage.
1.11. VISCOMP does not provide guarantees that the services meet the client's preliminary requirements or that the services will be continuous, timely, secure, or error-free. The Provider also does not provide any guarantees regarding the results that can be achieved through the use of the services or the accuracy and reliability of any information obtained through the services, or that software errors will be corrected.
1.12. By accepting these General Terms and Conditions, the client agrees that downloading or uploading any information through the use of the services is at their own responsibility and risk. The client is personally responsible for any harm caused to them or third parties, computer systems, or loss of data as a result of using the services.
1.13. The creation and distribution of spam from VISCOMP servers are strictly prohibited. Any client found violating the rules is subject to termination of the hosting agreement without a refund and closure of the domain by VISCOMP without notice. VISCOMP will directly refuse to provide services to established spammers. VISCOMP's network and equipment, as well as electronic files provided by us, should not be used for the distribution of spam attacks, email bombs, and any unlawful electronic messages. The client's domain should not appear as the source, intermediary, or reply address in any of the above messages. This prohibition also applies to sending unlawful bulk electronic messages through another operator that, in any way, may be related to the use of VISCOMP's network, equipment, or email address. An electronic message is considered unlawful if it is sent in violation of newsgroup rules or sent to a recipient who has not ordered or wished for it. In the sense of this definition, the public disclosure of someone's email address does not constitute a request or desire to receive messages. Any violation of the above rules will lead to the immediate termination of the services without a refund.
1.14. VISCOMP reserves the right to refuse services to any individual or organization, respectively, to terminate the hosting service at any time without the need to specify the reasons for doing so. In this case, VISCOMP will return a portion of the price paid by the client for the service, proportional to the remaining time of the individual contract term.
1.15. The client may declare their intention to terminate the use of the hosting service. Regardless, they are obligated to pay the full price for the service according to the individual contract. In this case, VISCOMP is obliged to delete all files within 72 hours (3 days) from the termination date.
2. WEB DESIGN/WEB PROGRAMMING/SITE MAINTENANCE
2.1. VISCOMP provides Web Design and Web Programming services as follows:
- Individual design;
- Dynamic pages;
- MySQL, MSSQL, FireBird databases;
- Corporate Identity - created by us or provided by the client;
- Graphic objects – up to 80 pieces (photo material, illustrations, graphics);
- JavaScript, Flash, and CSS effects and menus;
- Search engine optimization;
- Flash animations and intro clips;
- Multilingual websites – automatic recognition of the visitor's location and switch to the corresponding language, manual language switch, adding additional languages;
- Webshop – integration of OXID or other shop software into a new or existing website, various payment methods, link to paid advertisements;
- Standardization of the appearance across major browsers;
- Content editing;
- Forum;
- Blog;
- Creation of location maps.
2.2. The scope of work is defined in the individual contract or in an appendix that is an integral part of it;
- When an offer from VISCOMP is used for the assignment, it applies to the individual contract, signed by a representative of the client, and has the value of the assignment for the scope of work that VISCOMP is obliged to perform;
2.3. The assignment includes the following basic parameters:
- Basic page - an Internet site screen with a size that does not require scrolling at a screen resolution up to 1280?1024 pixels, implemented with the resources of ???L;
- Dynamic page - an Internet site screen generated dynamically through ??? code executed on the server;
- Level of complexity - complexity of web design or programming, defined by VISCOMP through sample implemented projects;
- Module - a pre-programmed part of the site that performs a specific functionality within the entire site and is paid for once;
- Basic structure - a pre-programmed structure of the Internet site with predefined locations of the main navigation elements;
- Graphic design - pre-designed design of the Internet site, with a proposal for the placement of main navigation elements, colors, and structure of information;
- Hosting - space for the functioning of the Internet site with guaranteed visibility and reliability, paid to VISCOMP in accordance with the individual contract.
2.4. Website Development Process
2.4.1. The client should provide a concept outlining basic guidelines for development (e.g., logo, font, colors, menu, links, references, etc.), and all source materials related to the design and functional requirements for developing the website within 15 (fifteen) working days from the signing of the individual contract.
2.4.2. Based on the client's assignment and provided materials, Viskomp prepares 2 (two) conceptual design projects for the website within 30 (thirty) working days, unless another period is specified in the individual contract.
2.4.3. The developed projects are discussed at a meeting invited by Viskomp, attended by representatives of both parties. The client chooses one of the two design projects and may request changes if deemed necessary. Viskomp makes the necessary changes/corrections to the selected project within 10 working days. Requested changes to the project should not exceed a total of 8 (eight) working hours per programmer or designer. Work beyond this volume is charged additionally according to the hourly rate specified in the individual contract. The amount is payable at the time of the final payment according to the individual contract.
2.4.4. If the client does not attend or express a preference for one of the projects, the right to do so passes to Viskomp. In this case, the client cannot make claims for changes to the selected project unless Viskomp decides otherwise.
2.4.5. Viskomp delivers the developed (designed website) to the client on a magnetic medium or sends it to the client via email.
III. PRICE AND PAYMENT TERMS
1. The price of the services described above is specified in the individual contract between the parties based on Viskomp's defined unit prices for the respective services and in accordance with the scope of the agreed-upon work.
2. Unless explicitly stated otherwise in the individual contract, it is assumed that the price does not include Value Added Tax.
3. The due amount is paid according to the method and within the deadlines specified in the individual contract. If the contract does not explicitly state the payment terms, the price is due as follows:
- Hosting services: The fee for the first year is paid upon signing the individual contract; the fee for each subsequent year is paid no later than 2 weeks before the expiration of the first one-year period.
- Web Design and Web Programming: Half of the service fee is paid upon signing the individual contract, and the remaining half is paid upon delivery of the completed work to the Client.
- Online Marketing: The service fee is paid upon signing the individual contract.
4. Payment of the price is made in cash in Bulgarian Lev or Euro at Viskomp's office or by bank transfer to Viskomp's address or bank account, as specified in the individual contract between the parties.
5. The price for each subsequent year of the contract term is indexed by the inflation coefficient officially announced by the National Statistical Institute (NSI).
IV. TERM OF THE INDIVIDUAL AGREEMENT. TERMINATION AND NON-PERFORMANCE.
1. Viscomp provides services to the Client in accordance with the General Terms and the provisions of the individual agreement.
2. All services offered by Viscomp may only be used by Clients for activities that are not prohibited by law and do not contradict morals and good manners. Viscomp reserves the right to refuse/terminate services if there are reasonable suspicions that the Client does not comply or will not comply with these requirements.
3. Viscomp is not responsible for damages caused to the other party due to force majeure or unforeseen circumstances. Viscomp is liable for damages caused to the other party only in cases of gross negligence or intent. Viscomp's liability is limited to the amount of the fee received from the Client.
4. Viscomp is the sole and exclusive owner of all copyright and related rights to services and products developed by the company at the Client's request, unless otherwise agreed in the individual agreement. This applies regardless of the amount or method of the agreed payment. All images, data, and programs used in the provision of services remain the property of Viscomp.
4.1. The Client is granted the right to use images, data, and programs used in the provision of services by Viscomp solely for the purposes specified in the individual agreement. The Client is not allowed, without the explicit and prior consent of Viscomp, to use the provided services/products for purposes other than those individually agreed upon or to allow their use by third parties.
5. Viscomp has the right to optimize the content of the provided services at any time, including modifying and optimizing software provided to the Client if necessary for technical reasons.
VII. PROCESSING OF PERSONAL DATA
1. Users agree to provide their personal data to Viscomp.
2. Users consent to Viscomp collecting, storing, and using the provided personal data.
3. Personal data will be used solely for the purposes described in these terms and conditions.
4. Viscomp undertakes to collect, store, use, and disclose the provided personal data to third parties only for the purposes described in these terms and conditions and in cases expressly provided for by law.
5. In the event that Viscomp begins to use personal data for purposes other than those specified in the terms and conditions, the company is obliged to promptly inform the data subject and seek their consent.
6. If the data subject does not consent to the processing of their personal data in accordance with the previous point, Viscomp should cease processing the personal data for the purposes for which there is no consent, unless there is another legal basis for processing.
7. Users may request Viscomp to correct their personal data if it is inaccurate or has become outdated, and Viscomp is obliged to correct inaccurate or outdated personal data in a timely manner.
8. Users may request Viscomp to limit the use of their personal data, to the extent that this restriction does not conflict with the law and the general terms and conditions.
9. Users may request the deletion of their personal data ("right to be forgotten") from Viscomp, to the extent that deletion does not conflict with the law and the general terms and conditions.
10. The user has the right to be informed:
- Whether their personal data is being processed.
- The purposes for which Viscomp processes their personal data.
- The methods of processing their personal data.
- The types of personal data that Viscomp processes.
11. Users undertake not to obstruct or hinder Viscomp's activities in exercising the rights provided for in the preceding points.
12. In case of non-compliance with the obligations under the previous point, Viscomp may seek, through legal means, all losses and lost profits incurred due to non-compliance.
VIII. FINAL PROVISIONS
1. The individual contract and the General Terms and Conditions are governed and interpreted in accordance with Bulgarian law.
2. The parties will make good-faith efforts to resolve any disputes between them through negotiations.
3. All disputes arising from this contract or related to it, including disputes arising from or related to its interpretation, invalidity, performance, or termination, which cannot be settled amicably, will be resolved by the competent court at the registered office of Viscomp.
4. If any clause of the individual contract or the General Terms and Conditions is declared or found to be invalid, illegal, or unenforceable, in whole or in part, the validity, legality, and enforceability of the remaining clauses will continue in full force without being affected. The parties undertake to replace the invalid clause with a clause that, to the maximum extent possible in its economic logic, approximates the invalid clause.
5. All amendments and additions to the individual contract must be in writing.
6. These General Terms and Conditions enter into force on January 1, 2009, and apply until expressly revoked or replaced by others.