General terms and conditions for the "Hosting" services

1. SUBJECT AND APPLICATION OF THE GENERAL TERMS

1.1. These General Terms and Conditions are intended to regulate the relations between “Jump.BG“ Ltd., hereinafter referred to as “Supplier“, and Customers, regarding the provision of the service HOSTING (Shared Hosting, Wordpress Hosting and eShop Hosting), referred to below “Service“.

1.2. These General Terms and Conditions are binding for the Supplier and the Customer, have an unlimited term and continue their operation while the Provider provides services to the Client based on a Request made through the form for a request on the Supplier's website.

 

2. PROVIDER DATA

2.1. Information according to the Electronic Commerce Act and the Consumer Protection Act:

• Name: “Jump.BG“ Ltd
• Headquarters and management address: Sofia, Vazrazhdane district, 70 Tsaribrodska St., 4th floor
• Address of exercise of the activity and address for submitting complaints by users: city of Sofia, district Vazrazhdane, 70 Tsaribrodska St., fl. 4
• E-mail for correspondence: office@jump.bg
• Tel.: 02 448 4023
• Entry in public registers: EIK 201416377
• Supervisory authorities:
  • Personal Data Protection Commission
    • Address: city of Sofia, “Prof. Tsvetan Lazarov” No. 2,
    • Tel.: (02) 940 20 46
    • Fax: (02) 940 36 40
    • E-mail: kzld@government.bg, kzld@cpdp.bg
    • Website: www.cpdp.bg
  • Commission for Consumer Protection
    • Address: 1000 Sofia, "Slaveikov" square #4A, floors 3, 4 and 6
    • Tel.: 02 / 980 25 24
    • Fax: 02 / 988 42 18
    • Hotline: 0700 111 22
    • Website: www.kzp.bg

 

3. CHARACTERISTICS OF THE SERVICE

3.1. “Hosting service“ (Shared Hosting, Wordpress Hosting and eShop Hosting) includes the following:

1. Providing free space and resources on the Provider's server to which the Client is entitled publish and share with third parties on the Internet information (website hosting);

2. Providing access to an administrative panel to publish, process and dispose of the information, shared on the provided space and server resources;

3. Providing the ability to use email services;

4. Provision of the Service, according to the current subscription plan and parameters.

3.2. (1) In case the Customer is a consumer within the meaning of the Consumer Protection Act, The Provider only provides the Service according to the subscription plan directed at users. In case it isn't explicitly stated in the subscription plan, the most limited and basic subscription plan with the lowest price is considered targeted only to consumers within the meaning of the Consumer Protection Act.

(2) Customers of the Service are only natural and legal persons who enter into a contract with the Provider and wish to use the Service. Customers can be natural persons or legal entities of full legal capacity, represented by their legal representatives or duly authorized persons. Natural persons - customers use the services for the following:

• for personal purposes on a basic (lowest in terms of specifications and price) subscription plan for the Service, if they have the quality of consumer within the meaning of the Consumer Protection Act.
• for their commercial, professional and business activities and declare that they are not users within the meaning of the Law on consumer protection.

3.3. Server Limits and Restrictions:

The shared hosting service implies the use of the resources of one server by a certain number of users. To be avoid the consumption of too many resources by one user at the expense of the others, the following are introduced limitations for each individual hosting package:

1. The space provided by the Provider cannot be used solely for backup purposes. Space can be used only for the needs of the websites that are hosted on the Customer's hosting account. customers, who violate these conditions will be notified by email and will be given a 24-hour deadline, c within which to take the necessary measures to stop the violation. If the violation is not suspended within the given period, the hosting account will be suspended.

2. The provider is not responsible for changes that are caused by additional software such as cPanel, LiteSpeed, Softaculous and others.

3. The provider is not responsible for the correct operation or restrictions that are provided by third parties such as cPanel, LiteSpeed, Softaculous and others.

4. Each individual database uploaded and used by the Customer may not exceed the 1GB (1,024 MB) limit. Customers who violate this condition will be notified by email and given a period of 24 hour, within which to take the necessary measures to stop the violation. If the violation does not is suspended within the given period, the hosting account will be suspended.

5. The Supplier is obliged to notify the Customer of upcoming actions on his part, if this affects the used service.

3.4. Accessibility to the Service

The Service is available twenty-four (24) hours a day, seven (7) days a week, except for routine maintenance and necessary repairs, and except for any loss or interruption of hosting services due to reasons beyond the Provider's control or that are not reasonably foreseeable, including, but not limited to, telecommunications interruption or failure or digital connections, Internet drops or failures. In the event of any loss or interruption of hosting services, customer's sole remedy and host's sole and exclusive liability, for loss or interruption of hosting services is defined as follows: for loss or interruption of hosting services that is due to (I) causes other than scheduled maintenance requiring repair or (II) causes beyond Host's control or (III) causes not reasonably foreseeable by the host, including, but not limited to, interruption or damage to telecommunications or digital connections and Internet drops or failures, the loss of which or interruption of hosting services exceeds the twenty-four (24) hour continuous period, Customer receives a credit against future hosting services, equal to a pro rata portion of the hosting service fees for the period of stay.

3.5. Domain name

As part of the initial hosting services, the customer provides the Provider with a registered domain name or chooses the option to register such through the website of “Jump.BG“ Ltd.

3.6. Use of email services:

Sending unsolicited bulk, commercial messages (Commercial Messages) over the Internet is strictly prohibited (also called SPAM) from servers belonging to the Provider. The provider reserves the right to detect SPAM violator to be sanctioned - deactivation of the User (account) without warning. About "SPAM" will every subsequent requested or unsolicited commercial message after 300 (three hundred) sent within 1 hour or more than 20 e-mail messages in 1 minute, regardless of whether they are sent through an e-mail software application of the User's home computer or through a web-based software application such as phpList/ ccMail and others.

In case of sending unsolicited messages through contact or registration forms, the Provider reserves the right to restrict the client's e-mail service.

 

4. PROVISION OF THE SERVICE

4.1. (1) The Service is provided by the Provider to the Customer based on a Request submitted via the website of the Supplier.

(2) By marking his data and finalizing the Request or agreeing to the general conditions, the Customer declares that he is familiar with the specific general terms and conditions and undertakes to unconditionally comply with them.

(3) With the process of creating an order and agreeing to the general conditions, the Supplier creates a profile of Contractual relations arise between the Customer and the Supplier.

(4) The Provider confirms the Customer's registration by means of an e-mail message, which is sent to the e-mail address specified by the Customer in his user profile.

(5) In the process of activating the service, the Provider creates a password for remote access to the Service, which is generated through the customer's individual account. The provider sends the access password to the hosting service by means of an e-mail message to the Client.

(6) Upon initial use of the specific service, the Customer should enter the created by The provider password for remote access;

(7) In the process of creating a user account, the Customer undertakes to provide true and up-to-date data, as well as undertakes to make the corresponding change in them when their up-to-dateness changes.

(8) The Provider saves logs for various actions towards the User's service, such as logs for access to the website (access log), addresses with which he accessed his control panel, firewall logs and others.

4.2. The service is activated after payment by the Customer of the first subscription fee according to the selected subscription plan and after his notification of its activation.

4.3. The activation and maintenance of the service is carried out by a specialist of “Jump BG“ Ltd. The support of the service is carried out by completing a request from the Customer made through the customer area.

4.4. (1) Service management. The customer gets access to the customer area - an administrative panel for remote use of the Service.

(2) The Customer has the right to manage the Service only through the Provider provided admin panel and identifying yourself with a name and password.

(3) The customer has the right to remote access only to the space and resources allocated for him server of the Provider.

4.5. (1) The Customer has the right to share information through the space provided by the Provider and resources on a server with Internet connectivity, on the corresponding subscription plan chosen by the Client. The parameters of the initially selected subscription plan can be changed at the Customer's request and increased or reduced (when this is permissible and in accordance with these General Terms and Conditions).

(2) The customer has the opportunity to request an increase in each of the service parameters through the customer area at any time provided their current plan is in "active" status.

(3) At the time of activation of a request to reduce the parameters of a hosting service, the parameters of the product changes immediately, according to the subscription plan chosen by the Customer.

4.6. (1) The provider ensures server connectivity to the Internet and technical serviceability equipment, within the current subscription plan for the Service.

(2) The customer has the right to record information in the space allocated for him and to use the resources of the Provider's server and by means of specialized software, only insofar as this does not disrupt the functioning and server security and these terms and conditions.

4.7. (1) The Provider provides the Customer with the possibility of using email services according to the parameters of the current subscription plan.

(2) The customer may use email services within the parameters of the current subscription plan.

4.8. (1) The provider strictly prohibits the placement of the following type of content, such as files or links on hosted websites:

• Torrent links (Torrent tracker)
• psyBNC, IRC and similar applications
• Pornographic publications
• Warez Content
• Hack programs or archives
• Software for sending SPAM messages
• Copyrighted content
• File download
• Background processes (proxy server, chat sessions)
• Rating websites and systems, platforms for file/image sharing
• Content violating the legislation of the Republic of Bulgaria
• European legal norms
• Scripts or programs targeting DDoS (Denial of Service)
• Perl or Python based applications and scripts that may cause unwanted effects on our system are are automatically penalized by our system for monitoring uploaded file formats and securing the file system.
• Pages that target a gaming server (Counter-Strike, Minecraft, World of Warcraft, GTA and others).

(2) When using the Service, the Customer must not use software, scripts, programming languages or other technologies that could create difficulties in its use by other users.

(3) The customer uses the service in a way that is consistent with modern requirements for security, functionality, restrictions on non-ceding of hosting resources to third parties and performance. Created by The user websites, by using the service, must not create a load on the server that exceeds the normal and accepted in practice consumption of the "Shared Hosting" services; and "WordPress hosting" according to the current subscription plan for the Service.

(4) The Customer is not entitled to use the Service to create and provide Internet games. Internet game within the meaning of this article is not the organization of promotions, quizzes and other similar activities.

(5) The Customer may not use the Service to create a "proxy" and launch of residency programs.

(6) The Customer undertakes not to use the Service for the following:

• To publish, provide and distribute in any way data, messages, text, computer files or other materials that contradict the Bulgarian legislation, the applicable foreign laws, the present terms, internet ethics or good manners and which violate the rights of third parties, namely: copyright or related rights, trademarks, patent or other intellectual property rights, ownership rights, as well as any other property or non-property rights or legal interests of third parties; the representatives trade, business or personal secret or other confidential information.
• representing a trade, business or personal secret or other confidential information;
• To publish, distribute or make available software or other computer files that contain viruses or other risk programs or their components.
• To publish or transfer pornographic and illegal materials.
• To Post data, messages, text, computer files or other materials containing a threat to life and bodily integrity of the person, propagandizing discrimination, terrorism, preaching fascist, racist or other undemocratic ideology, the content of which violates human rights or freedoms according to the Constitution and the laws of the Republic of Bulgaria or international acts calling for a forcible constitutional change the established order, to commit a crime, etc.
• To assign or resell all or part of the Service or server resources to third parties, including through the features to add domains as additional domains.

(7) Customer agrees not to use the Service to send spam – "SPAM". Violation of this requirement is grounds for temporary suspension of the provided Service, about which the Supplier notifies the Customer. In case of repeated action, the Supplier has the right to terminate unilaterally the provision of the service without notice.

4.9. Use of multimedia streaming and support:

Media streaming comes in the form of FFmpeg/ Xvid/ MP4Box support along with a PHP module for FFmpeg that your apps can use. The following actions in which the client may be restricted are limited:

1. Attach and convert video format larger than 200MB.

2. Attach and reformat more than 1 video format (at once).

3. Using the Video Formatting and Remaking support we've made available to all customers for use to create websites like Vbox/ Youtube on shared hosting.

4. Using FFmpeg technology to create a website that contains licensed or erotic material video materials.

4.10. Scanning Services:

1. The provider undertakes to scan and review with anti-virus and other available programs the content of customers who use Shared Hosting.

2. The customer is responsible for his files and their condition if he uses a Shared Hosting service without support from the Supplier's side.

3. Customer agrees that limitation or interruption of its service may be caused by failure to adequately maintain the service.

4.11. Backup function for hosting services:

(1) The Daily backup service for Shared Hosting is provided voluntarily by the Provider. The Provider's platform performs several backups on its own equipment at a certain period according to own discretion. Typically 7 backup copies are saved.

(2) The supplier keeps the archives made by himself for his needs in case of force majeure circumstances, occurrence of technical problems in the Provider's equipment, actions or inactions of third parties and organizations aiming to harm the Provider.

(3) The Provider encourages the Customer to further store the information located on the space provided for its use, on remote media and/or devices.

(4) The provider reserves the right to exclude files of large size, specific extensions or certain directories when creating backups and files uploaded for backup purposes to be avoided system load.

(5) We hereby make a non-exhaustive list of extensions that are not included in Backup archiving - tgz, rar, zip, mp3, mp4, avi, iso, bakm mov, sql, gz and others.

4.12. Using SFTP/SSH connection protocol:

(1) The customer agrees that any of his actions may be recorded in system logs.

(2) The customer agrees that any action against the system or against the security of the system may cause his service to be disabled.

(3) The customer is responsible for all actions that third parties may perform using his key or his password.

4.13. Uptime/ Maintaining the websites of the services in a normal state:

(1) The Provider agrees and undertakes to maintain the websites of all Customers in good condition according to the already described conditions for using the services.

(2) The Supplier is not responsible for conditions beyond its control which cause interruption of the service, for example:

• A problem caused by a Customer who violated the terms of use of the services and caused the global network to limit the connectivity we offer for general use;

• A problem caused at the hardware level that cannot be controlled and fixed in the usual time required for reaction;

• Problem caused by attacks or incorrect user settings;

• Problem caused by external vendor or software.

(3) The provider is not responsible if the customer websites reach the server limits and security systems automatically temporarily ban the pages.

(4) The Provider is not responsible if the Customer reaches server limits and the internal systems temporarily restrict access to the website in order to preserve the quality of the service offered.

(5) The provider undertakes to review the exact reason why the interruption of access to the service, and help the Customer as much as possible.

(6) The provider undertakes to explain in detail the reason for all service interruptions that The customer uses.

(7) The Provider shall not be liable if the Customer cannot establish a connection to its service, unless if the cause is not in the Provider himself.

(8) The supplier is not responsible for the occurrence of force majeure circumstances such as fire, flood, emergency, war, blockade, earthquake and others.

(9) The customer is obliged to conduct all correspondence with third parties with whom he has contractual relations, in fixing a problem related to the applications hosted on the Provider's servers. The provider may requests additional information aimed at supplementing the one initially submitted by the Client and whose purpose is to clarify the cause of the incident or problem.

4.14. The Provider typically saves the content of temporarily suspended accounts to the Hosting Services in for 45 days.

 

5. TERM OF SERVICE

5.1. The service is provided on a subscription basis. The service is provided for a minimum term of one month.

5.2. The service contract comes into force from the moment of payment of the first monthly fee from The customer.

 

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The supplier undertakes:

(1) to provide and provide the agreed services according to specifications agreed with the Customer;

(2) to provide technical support for the service according to the subscription plan selected by the Customer;

(3) to provide the Customer with an admin panel to administer the Service and access its functionalities;

(4) to maintain around the clock the parameters of the agreed services and its connectivity;

(5) in cases where there is a planned prevention that may lead to interruption or deterioration of the quality of the services, to notify the Client under the conditions stipulated in the Contract.

6.2. The Provider has the right to:

(1) to receive remuneration from the Client for the Service provided;

(2) to carry out permanent supervision of the technical serviceability of the Service and to give instructions and instructions to the Client for proper use of the Service;

(3) to limit the Parameters or interrupt the provision of the Service to the Customer when performing technical maintenance of its premises and equipment or changes elements of the communication infrastructure;

(4) to temporarily limit the Parameters or interrupt the provision of the Service to the Customer in order to protecting the security of its communications infrastructure;

(5) to receive additional remuneration from the Client for Additional Services in connection with the use of The Service;

(6) to perform Additional Services, only after reaching a written agreement with the Client;

(7) to require the necessary identification from the Client when accepting instructions regarding the use or the management of the Service;

(8) to limit or terminate temporarily and permanently the use of the Service if it finds that the Customer uses in bad faith or in violation of Bulgarian legislation, good manners and in violation of the present general terms.

6.3. (1) The supplier provides the necessary assistance to the judicial authorities, the prosecution, the investigation and the Ministry of Internal Affairs when carrying out control and actions on their part, providing information on personal data of the Customer and the Service, traffic data according to Art. 251, para. 1 of the Electronic Communications Act, in cases where electronic communication networks or services are provided.

(2) When carrying out the actions under para. 1, The Supplier is not obliged to notify the Customer, except in cases expressly defined by law.

(3) The customer has no right to claim compensation for damages as a result of actions of the Supplier under para. 1.

 

6.4. The customer undertakes:

(1) to pay the Provider the agreed remuneration for the use of the Service according to the agreed subscription plan and term;

(2) to use the Service in good faith and in accordance with the legislation of the Republic of Bulgaria;

(3) to use the Service as intended and in a way that does not harm other customers of the Provider or its communication infrastructure, to protect the good name and commercial reputation of the Provider, and whether or not uses the services in a manner that may result in liability for the Provider;

(4) to notify the Provider of problems related to the use of the Service;

(5) to fully assist the Provider in providing the Service and troubleshooting, related to it, as well as to provide access to the Provider's representatives to the end points of provision of The service in his possession;

(6) to use and manage the Service only remotely (remotely) through the means provided by Provider name and password for administrative access;

(7) not to use the functionality of the Service in a manner inconsistent with its purpose (for example, creating a proxy, etc.).

(8) to provide true and up-to-date data requested by the Supplier. The customer is obliged to inform the Supplier in case of a change in the provided data;

(9) The customer undertakes to carry out his activity in accordance with the law, ensuring the availability of all the necessary rights, licenses and other rights and permissions under applicable law.

6.5. The inability of the Customer to use the Service for reasons for which the Provider is not responsible, not releases him from his obligation to pay the agreed remuneration for them.

6.6. The customer has the right:

(1) to use the Service for its intended purpose in accordance with the agreed Parameters;

(2) to provide remote administrative access to the Service;

(3) of refusal of the services without assigning a reason, without owing compensation or penalty and without pays any costs within 30 days from the date of conclusion of the contract. In case of refusal of service, the Customer is required to fill out a STANDARD FORM FOR EXERCISE RIGHT OF REFUSAL, which can be found HERE, or apply unequivocally otherwise the decision to refuse the service (sending an electronic message within the said term).

Services whose fees are not subject to reimbursement according to Art. 57, paragraph 1 of the Consumer Protection Act, are all products from the following categories: domain name registration, SSL certificates, licenses.

In case of cancellation of the provided service, all purchased additional licenses such as cPanel, LiteSpeed, CloudLinux and others are non-refundable.

Additional services regarding .bg domain names or radio hosting are also non-refundable.

The deadline for refunding a paid amount is up to 14 calendar days.

 

7. PRICE AND PAYMENT TERMS

7.1. The price of the Service is determined by the Provider on its website.

7.2. (1) The Customer owes the Provider the price for the service, according to the selected subscription plan.

(2) Information about the various subscription plans is available on the following website: https://www.hostingjump.com/cloud-vps

7.3. The provider has the right to unilaterally change the prices of the services provided. The supplier notifies the Client about the change in the price of the services no later than 1 (one) month before the entry into force of the new prices. In this case, the Customer has the right to send a written notice of termination of the Agreement before entering into strength of the new prices. In case the Customer does not send a notice to the SUPPLIER that he does not agree with the new prices, he this change will automatically take effect after the 1-month period has expired.

7.4. Not more often than once within a calendar year, the Provider has the right to index the prices of the Services by adjusting them by a percentage not higher than the monthly consumer price index determined by National Institute of Statistics (CPI, previous month = 100), accumulated for the period since the last determination of the corresponding price. By signing this contract, the Customer agrees to the price adjustment methodology, carried out under the terms of this article. In this case, the Customer has no right to unilaterally terminate the Agreement on reason that he does not agree with the new prices.

7.5. (1) The customer pays the price of the service at the beginning of each subscription period.

(2) Payment may be made in one of the following ways:

1. Bank transfer to the following bank account of the Supplier:

   IBAN: BG11UNCR70001522984844

   BIC: UNCRBGSF

   At the bank: Unicredit Bulbank

2. Through the eRay system - in accordance with the conditions for making payments via ePay, available at www.epay.bg. The payment process is in progress entirely in the ePay system and subject to their general terms and conditions. After completing the payment process, the ePay system automatically redirects you back to the Platform.

3. Through the PayPal system - in accordance with the conditions for making payments through PayPal, available at www.paypal.com. The payment process done entirely in the PayPal system and subject to their general terms and conditions. After completion of the process under payment, the PayPal system automatically redirects you back to the Platform.

4. Payment via POS terminal BORICA – by choosing this payment method, you will be automatically redirected to a BORICA-BANKSSERVIZ server, where your identification takes place. On payment screen you should enter your card details and a secret identification code, then authorizes the card payment. Upon successful payment, BORICA-BANKSSERVIZ returns a response to the successful payment transaction and your access to the Subscriber Service is activated. In case of unsuccessful payment, BORICA-BANKSSERVIZ returns transaction failure response.

5. Via EasyPay - according to the conditions for making payments via EasyPay, available at www.easypay.bg. The payment process done entirely at the cash desk in the EasyPay offices and subject to their general terms and conditions.

(3) When making a bank payment by the Customer, he must in the field “Foundation“ to indicate the number of the issued proforma invoice. If the field is filled in incorrectly, the Supplier does not is responsible if the payment is not reported on time.

7.6. Any payment received that cannot be reflected by the Supplier will be refunded to the relevant payer.

 

8. TERMINATION

8.1. The contract between the parties is terminated upon expiry of the contract term.

8.2. The contract can be terminated by mutual agreement between the parties.

8.3. The contract can be terminated unilaterally by the Customer, as in this case the Customer owes a penalty to the Supplier in accordance with the terms of Art. 9.1. below.

8.4. If the Client delays payment of remuneration for more than 7 (seven) calendar days certain service, the Provider has the right to cancel the Contract with respect to that service.

8.5. The Provider has the right to limit and/or terminate the provision of the Service to a Customer who is stated that he wants to continue receiving the service for a new subscription period, but has not paid the due fee. In the event that the Customer is in arrears by more than 7 (seven) calendar days the payment of the remuneration for the new subscription period, then the Provider has the right to cancel the Agreement with respect to this service.

8.6. The Supplier shall have the right, at its discretion, without notice and without liability to unilaterally terminate the contract concluded with the Client, in case he finds that the provided services are used in violation of the legislation in the Republic of Bulgaria or in violation of these general rules.

8.7. Data storage time on virtual servers that are not renewed or suspended due to a violation of the terms of the Contract or these General Terms and Conditions, it depends on the technical possibility of the Supplier to store the data, but not more than 30 days. After the expiration of the period under this article or when expressly received by the Customer instructions, the Provider completely deletes the servers.

 

9. PENALTIES

9.1. If the Customer terminates the contract on the basis of Art. 8.3. of these General Terms and Conditions:

1. owes the Supplier a penalty in the amount of the remuneration due until the remaining term of the contract (according to the plan he chose);

2. in the event that the Client has fully paid the remuneration to the Supplier under the contract, the latter has the right to keep the balance as compensation.

9.2. When the contract is terminated on the basis of art. 8.4. and Art. 8.5. of the General Terms and Conditions, the Customer owes penalty in the amount of remuneration until the remaining period of the contract.

9.3. In case of late payment of an amount owed by the Customer, the Supplier is entitled to a penalty in amount of 0.5% of the amount due for each day of delay until the final payment. The penalty is paid at the latest together with the monthly fee due for the following month. In case the delay lasts more than 7 (seven) calendar days, The Supplier may cancel the Contract under the terms of Art. 8.4 above.

9.4. Notwithstanding the provisions of this section, in the event of culpable default under this contract, the Customer owes the Supplier compensation for all direct damages suffered, which are direct and immediate consequence of the non-performance of the contract.

 

10. RESPONSIBILITY

10.1. The customer is solely responsible for the content of the received, stored or the data sent by him through the service. The Customer Service cannot have content that the Customer does not have the right to broadcast in accordance with applicable law, including but not limited to: no advertising, home shopping, lotteries, gambling, games and telemarketing, etc. In addition, the Customer is solely responsible for intellectual property rights (copyright and related rights) on the content of its service under applicable law. Applicable Law means all current or future laws, regulations, directives or conventions adopted by any competent authority in any country having control over in relation to the activities covered by this contract to the extent that such laws or regulations are acted at the time of providing the services.

10.2. The Customer undertakes to indemnify and release the Supplier from liability in legal claims and other claims of third parties, whether justified or not, for all damages and costs, incl. lawyer's fees and legal costs arising out of or in connection with:

1. failure to fulfill any of the obligations under this contract,

2. infringement of copyright, production, broadcast rights or other intellectual or industrial rights property and

3. illegal transfer to other persons of the rights granted to the Client, for the term and under the conditions of the contract.

10.3. The Supplier is not responsible for damages caused by the Customer to third parties.

10.4. The supplier is not responsible for pecuniary or non-pecuniary damages expressed in lost profits or suffered damages caused to the Customer in the process of using or not using the Service.

10.5. The provider is not responsible for changing the type or functionality of external providers such as cPanel, LiteSpeed, etc.

 

11. PROTECTION OF PERSONAL DATA

11.1. The Provider takes measures to protect the Customer's personal data in accordance with Regulation (EU) 2016/679 and the Personal Data Protection Act.

11.2. The Supplier processes the Customer's personal data on the basis of Art. 6, para. 1, b. "b" from GDPR – the processing is necessary for the performance of a contract to which the subject is a party.

11.3. 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 in the Privacy Policy, available at https://www.hostingjump.com/legal/privacy-policy.

11.4. When providing the service, the Provider acts solely on the instructions of the Customer of the service and only to the extent that it can have control over the personal data that the Client processes.

11.5. The provider is not responsible for the content, including and personal data that the Client processes of the provided virtual space. The Provider is not involved in the process of deciding whether the Customer will uses the service to process personal data, on what basis it is processed, for what purposes and whether it is the same protected.

11.6. In the event that the Provider is notified of the illegal nature of information used by the Client or be notified by a competent state authority about the unlawful nature of the Client's activity, on based on Article 16 of the Law on Electronic Commerce, the Supplier has the right to take immediate action for to suspend access to this information or to remove it without jeopardizing the security of the information to which the Provider has access.

 

12. FORCE MAJEURE

12.1. The parties are not liable for failure to fulfill their obligations in the event of force majeure for the period during which the force majeure or fortuitous event lasts. While force majeure or chance lasts event, the performance of the obligations and related counter-obligations is suspended. The cancellation of obligations in this case does not apply to late payments that became due before the occurrence of the force majeure circumstances.

12.2. Force majeure means any unforeseen or unpreventable event of extraordinary nature that arose after the conclusion of the contract. Such circumstances are, but the list is not exhaustive: earthquakes, floods, fires or other natural disasters, epidemics; war, revolution, insurrection, rebellion or otherwise civil events, industrial or other accidents; acts of terrorism; act of a competent state, regulatory, administrative or judicial authority through which the performance of the contract can be temporarily suspended or terminated. For Acts of third parties beyond the Supplier's control, which they have placed, are also considered force majeure circumstances The supplier in an objective inability to provide the services.

12.3. The party affected by force majeure must notify the other in writing of the occurrence of the force majeure circumstances, the alleged consequences, as well as regarding the expected duration of his inability to fulfill his obligations under the contract.

12.4. If, as a result of force majeure, the fulfillment of the obligations of one of the parties is only partially affected, then that party will be responsible for the performance of the obligations not affected by the irresistible force.

12.5. Any outstanding obligation, the failure of which is due to force majeure, must be performed by the affected party whenever possible after the termination of the force majeure except for the cases when such performance is no longer practically feasible or is not required by the other party.

12.6. If the force majeure circumstances continue for more than 30 days, either party may terminate the service affected by force majeure without owing compensation, by sending a written notification with a return receipt. IN in this case, the termination does not release the Customer from his payment obligations that arose before the date of the termination.

 

13. OTHER TERMS

13.1. All materials provided on this website, all editorial materials, photographs, illustrations etc. graphic materials, names, logos, trademarks and service marks are subject to intellectual property property protected by copyright and other intellectual property laws, and no may be used in violation of current legislation. When copying or reproducing information outside of the permissible, as well as in any other violation of intellectual property rights on the resources of Supplier, the Supplier has the right to claim compensation for direct and indirect damages suffered in full. Except in cases where it is expressly agreed, the Customer may not reproduce, change, delete, publish, distributes and otherwise publicizes the information resources published on the Provider's website.

13.2. The Supplier does not cede and the Customer does not acquire copyright and/or other intellectual property rights ownership of software in connection with the services provided by the Supplier to the Client.

13.3. The provider reserves the right to limit or completely exclude websites that use someone else's intellectual property for one reason or another on their website without the consent of the real owner who may offer this property for a fee.

13.4. The Customer freely assigns to the Supplier the non-exclusive right to use its company name and/or trademark as follows:

1. as part of the Supplier's marketing and presentation materials;

2. in a list of customers published on the Provider's website.

13.5. During the validity of the Agreement and for a period of 1 year thereafter, each party undertakes to does not disclose to third parties and keeps confidential facts, information, decisions and data related to the business activity of the other party, provided under the terms of confidentiality or which can reasonably be assumed according to the circumstances that they constitute confidential information. Each of the parties undertakes to demand from the employees and its subcontractors comply with the same confidentiality restrictions. The commercial parameters and conditions of the Agreement constitute confidential information.

 

14. FINAL PROVISIONS

14.1. The headings in these General Terms and Conditions are used for convenience only and do not affect interpretation of individual texts, including the will of the Parties.

14.2. The Provider reserves the right to change these General Terms and Conditions at any time. When committed of change, the updated version of the General Terms and Conditions will be published on the website of the Provider https://www.hostingjump.com and takes effect immediately after its publication. The provider sends an information email about the updated General conditions, and they come into force 30 days after receiving the message from the Supplier.

 

These general terms and conditions were adopted by Jump.BG OOD on 01.09.2023 and come into force as of 02.10.2023