Hosting Jump

General terms and conditions for the "Managed Cloud VPS" service

In addition to the standard VPS terms, this service includes additional support, administration and optimization from our team.



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 Managed Virtual Server - Managed Cloud VPS, 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. Definition of Service

3.1.1. “Managed Virtual Server - Managed Cloud VPS“ is an isolated computing unit, which has its own virtual computing resources and its own operating system. The virtual server can be accessed, managed, started, restarted, stopped or deleted independently directly by the Customer or by request to the Provider.

3.1.2. A virtual device on which an open source operating system is installed, by default Linux distribution. It has dedicated virtual resources – CPU, RAM, storage which can be changed. It has its own static real IPv4 address. Has non-guaranteed Internet connectivity on a shared channel – up to 1 Gbps up to specified traffic, 100 Mbps after specified traffic is exhausted. Provided with limited administrative access to the machine through the client area (web-based control panel) and through SSH.

3.1.3. The service is activated after payment of the first (monthly) fee by the Customer and after his notification of its activation.

3.1.4. The service is provided in a Tier 3+ Data Center used by Jump.Bg OOD (fully neutral), located in the city of Sofia.

3.1.5. 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.

3.1.6. The service is considered operational and fully available if the started Virtual Server - Cloud VPS can be accessed over the Internet and can be managed from the web-based control panel.

3.1.7. The service is considered operational and partially available if the started Virtual Server - Cloud VPS it can be accessed over the Internet, but the web-based control panel for its management is not available.

3.1.8. In any other condition, different from items 3.1.6 and 3.1.7., the service is considered non-working and unavailable.

3.2. Management of the Service. The customer gets access to a customer area, through which he has the opportunity to:

(1) start, stop and restart your Virtual Server;

(2) increase or decrease the resources of your Virtual Server;

(3) monitors in real time various statistics about the service such as statistics for CPU load, Virtual Server network statistics, and others;

(4) get help in case of questions or problems with the Virtual Server through the Support Center at the web-based control panel;

(5) to purchase additional Virtual Servers or additional services.

3.3. (1) The Provider provides the Service according to the parameters selected by the Customer subscription plan. The parameters of the initially selected subscription plan can be changed at the Customer's request with the same being increased or decreased (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 client area at any time.

(3) The customer may request a reduction of any parameter of the service, except for the following parameters: the size of the NVMe SSD drive. The customer cannot request a reduction of the service parameters below the basic one configuration of the server he purchased. Base configuration parameters are specified in the client area.

(4) In case the Customer wished to increase a parameter of the service that is not subject to change according to the previous paragraph, the Client cannot request the reduction of this parameter to the size of the base server configuration. In the event that a non-modifiable service parameter is incremented, then this parameter retains its configuration until termination of the contract between the parties.

3.4. As part of this service, the Provider provides the Customer with one or more usernames and passwords for access to resources or their management. The customer is fully responsible for the protection of these usernames and passwords, as well as for all circumstances arising from their use.

3.5. The Provider is not responsible for actions of additional user accounts that the Customer has created and to whom it has granted access to the management of its services through the client area.

3.6. The content located on the servers is provided entirely by the Customer. The supplier does not bears no responsibility for this content, nor for circumstances arising from the deployment and use of this content, nor for circumstances arising out of use of the service by The customer or third parties.

3.7. The customer does not acquire title to the equipment provided to him in order to uses the service.

 

4. TERM OF SERVICE

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

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

 

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. 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.

5.2. 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 conditions.

5.3. (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.

5.4. 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 independently install software that it will use on the server, other than that expressly provided by The software provider when activating the Service;

(9) 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;

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

5.5. The Customer's inability to use the Service for reasons for which the Provider is not responsible shall not releases him from his obligation to pay the agreed remuneration for them.

5.6. The Customer undertakes not to use the Service to publish, provide and distribute under any form of data, messages, text, computer files or other materials that contradict the Bulgarian legislation, applicable foreign laws, these terms, internet ethics or good manners and that violate the rights of third parties, namely: copyright or related rights, trademarks, patent or other rights of intellectual property, ownership right, as well as any other property or non-property rights or legitimate interests of third parties; representing a commercial, professional or personal secret or other confidential information.

5.7. The customer undertakes not to publish, distribute or provide software or other computer files that contain viruses or other risky programs or their components, not to post and not to provides transfer of pornographic and illegal materials.

5.8. The Customer undertakes not to use the Service to publish data, messages, text, computer files or other materials containing a threat to human life and bodily integrity, calling to forcible change of the constitutionally established order, to the commission of a crime and other violations of the law, propagandizing discrimination, preaching fascist, racist or other undemocratic ideology, the content of which violates human rights or freedoms, according to the Constitution and laws of the Republic of Bulgaria and international acts.

5.9. The Customer agrees not to use the Service to send unsolicited "spam". Violation of this requirement is grounds for temporary suspension of the provided service, for which the Provider notifies the Client. In case of repeated action, the Provider has the right to unilaterally terminate the provision of the service without warning.

5.10. 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) to be provided with technical support of the Service by qualified personnel of the Provider according to the selected subscription plan;

(4) 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.

 

6. PRICE AND PAYMENT TERMS

6.1. The price of the Service is determined by the Provider on its site.

6.2. (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/managed-vps

6.3. 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.

6.4. 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.

6.5. (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.

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

 

7. TERMINATION

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

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

7.3. The contract may be terminated unilaterally by the Customer, in which case the Customer owes a penalty to the Supplier, according to the terms of art. 8.1. below.

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

7.5. 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, the Provider has the right to cancel the Agreement with respect to this service.

7.6. 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.

7.7. 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 deletes the servers completely.

 

8. PENALTIES

8.1. If the Customer terminates the contract on the basis of Art. 7.3. 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 Customer has fully paid the remuneration to the Supplier under the contract, the latter has right to retain the balance as compensation.

8.2. When the contract is terminated on the basis of art. 7.4. and Art. 7.5. of the General Terms and Conditions, the Customer owes penalty in the amount of remuneration until the remaining period of the contract.

8.3. In case of delayed 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. 7.4 above.

8.4. 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.

 

9. RESPONSIBILITY

9.1. 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.

9.2. 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, broadcasting rights or other intellectual or industrial property;

(3) illegal transfer to other persons of the rights granted to the Client, for the term and the terms of the contract.

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

9.4. 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.

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

 

10. PROTECTION OF PERSONAL DATA

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

10.2. 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.

10.3. 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.

10.4. 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.

10.5. 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.

10.6. 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 illegal 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.

 

11. FORCE MAJEURE

11.1. 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.

11.2. 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.

11.3. 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.

11.4. 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.

11.5. 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.

11.6. 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.

 

12. OTHER TERMS

12.1. 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 and are protected by the Copyright Act and other laws protecting intellectual property and cannot be used in violation of current legislation. When copying or reproducing the information outside of the permissible, as well as in any other violation of intellectual property rights on resources of the Supplier, the Supplier has the right to claim compensation for the direct and indirect damages suffered in Full size. Except in cases where it is expressly agreed, the Customer may not reproduce, change, delete, publishes, distributes and otherwise publicizes the information resources published on the Provider's website.

12.2. 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.

12.3. The provider reserves the right to limit or completely exclude sites that use someone else's intellectual property for one reason or another on its website, without the consent of the real owner who possibly offers this property for a fee.

12.4. 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.

12.5. 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.

 

13. FINAL PROVISIONS

13.1. 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.

13.2. 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

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