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European Business Database

Terms of service

I. DEFINITIONS

 

In the interpretation and application of the present General Terms and Conditions the terms and expressions used shall have the following meaning:

1.1. “IP address” is a unique identification number associating a device, Internet page or a resource of the customer in a way allowing their localization in the Internet global network.

1.2. PROHOSTING Ltd (hereinafter referred to as the “PROVIDER”) is a business company registered in the Commercial Register at the Registry Agency under number 20080718111156, uniform identification code 175175939, having its seat and registered address TODORINI KUKLI str. 96 E 22, the housing estate of SUHA REKA, the Poduyane district, the city of Sofia, and correspondence address TODORINI KUKLI str. 96 E 22, the housing estate of SUHA REKA, the Poduyane district, the city of Sofia, which shall provide the services subject of the present General Terms and Conditions, where the website administered by it: www.europeanbusinessdatabase.com

1.3. www.europeanbusinessdatabase.com  is a website – a virtual information resource whereby the CUSTOMERS are provided with information services and resources described in the present General Terms and Conditions.

1.4. “Electronic Link” is a link indicated on a certain webpage, which allows automated referral to another webpage, information resource or object by standardized protocols.

1.5. “Malicious Acts” are acts or omissions violating the Internet ethics or causing harms to persons connected to the Internet or associated networks, including but not limited to sending of unsolicited mail (SPAM, JUNK MAIL), channel flooring (FLOOD), obtaining access to resources by means of others’ rights and passwords, using deficiencies in systems for the purpose of obtaining benefit for oneself or information (HACK), doing anything that can be qualified as industrial espionage or sabotage, damaging or destruction of systems or information massifs (CRACK), sending “Trojan horses” or causing installation of viruses or remote control systems, disturbing the normal work of the other users of the Internet and associated networks, as well as doing anything that may be qualified as a criminal or administrative offence under the Bulgarian legislation or under any other applicable law.

1.6. “Webpage” is a part of a website that may be a constituent or stand-alone page.

1.7. “Information System” is a device or a system of connected devices, which or any of which is intended to store, send or receive electronic documents.

1.8. “CUSTOMER” is any person that uses any of the information services and resources provided via the www.europeanbusinessdatabase.com website.

1.9. “CUSTOMER Account” is a stand-alone part of www.europeanbusinessdatabase.com, which contains customer information provided by the said customer upon such customer’s registration and stored by www.europeanbusinessdatabase.com, where the access to the customer account takes place by the entering of a username and password. The Account enables the customer to review and edit the data entered upon the registration, to access the customer’s personal mailbox, to change the customer’s access password, to subscribe, respectively to unsubscribe, for an information newsletter, etc.

1.10. “Username” is a unique code of letters and/or digits selected by the customer, whereby the customer is individualized in www.europeanbusinessdatabase.com

1.11. “Password” is a code of letters and/or digits selected by the customer, which – together with the username – individualizes the customer.

1.12. “User Generated Content” is any data, information, text, sound, files, software, music, photographic images, charts, video or audio materials, messages, electronic links, as well as any other materials, including but not limited to the opinions and comments and the content of the personal page, which shall be deployed by the CUSTOMER on a Server on www.europeanbusinessdatabase.com so that they may be accessible via the Website www.europeanbusinessdatabase.com to all other CUSTOMERS.

1.13. “Server” is a device or a system of connected devices, on which or on any of which system software is installed for the performance of tasks in relation to the storage, processing, acceptance or sending or information.

1.14. “Website” is a stand-alone location in the Internet global network accessible through its uniform resource locator (URL) under a HTTP or HTTPS protocol and containing files, programmes, text, sound, picture, image, electronic links or other materials and resources.

1.15. „Accidental Event” is an extraordinary circumstance unforeseen as of the moment of entry into of the Contract, which renders the performance thereof objectively impossible.

1.16. “Commercial Messages” are advertising or other messages presenting directly or indirectly the goods, services or the reputation of a person performing commercial or craftsman’s activity or practicing a regulated profession.

 

II. GENERAL PROVISIONS

1. These General Terms and Conditions shall be binding upon all Customers who use www.europeanbusinessdatabase.com and shall regulate the relations between the Provider and the Customers.

2. The present General Terms and Conditions shall apply unless otherwise agreed upon in an individual contract entered into by and between the Provider and a specific customer. In case of a conflict between the General Terms and Conditions and an individual (single) Contract signed with the Customer, the conditions of the individual Contract shall prevail.

3. The Provider shall have the right to unilaterally amend these General Terms and Conditions, of which the Provider must notify the Customers through the Home Webpage on the address: www.europeanbusinessdatabase.com. No other special notice of the changes made for the registered Customers shall be necessary.

 

III. REGISTRATION AND USER DATA

1. The use of the services provided via www.europeanbusinessdatabase.com shall require customer registration, whereby the Customer shall receive a username and a password for identification and access to the website.

2. Upon the performance of a registration the Customer shall be bound to submit true, accurate, up-to-date and complete information for the Customer (hereinafter referred to as the general name “CUSTOMER DATA”);

3. The Customer shall be bound to update any change in the CUSTOMER DATA submitted upon the registration in order to ensure that they are true, accurate, up-to-date and exhaustive.

4. Upon submission of untrue, inaccurate, out of date or incomplete information on the part of the Customer, the Provider shall have the right to close and/or delete the information for the Customer and to deny the Customer any further access to a part of or to all of its SERVICES.

5. By accepting the present General Terms and Conditions the Customer explicitly agrees that the CUSTOMER DATA provided by the Customer shall be processed and kept by the Provider.

6. The Customer shall be bound to keep secret the USERNAME and PASSWORD determined upon the registration thereof and shall be fully liable for all acts and consequences that have taken place through use of such Customer’s USERNAME and PASSWORD.

7. The Customer agrees to immediately notify the Provider of any unauthorized use of such Customer’s USERNAME and PASSWORD, as well as of any other security breach.

8. If the Customer finds a problem in the use of such Customer’s USERNAME and  PASSWORD, as well as in the access to, and use of, the services, the Customer should send a feedback to the address support@europeanbusinessdatabase.com.

9. The Provider undertakes not to make available to third parties information about usernames, passwords and other personal information for the Customers, unless otherwise provided for in a legal provision.

10. The Provider shall not be held liable for any damages and losses arising due to failure to comply with the provisions of items 6, 7 and 8 of the present Section.

11. Customer registration may be carried out via www.europeanbusinessdatabase.com

12. Upon a registration via www.europeanbusinessdatabase.com the Provider shall provide the Customer with a username and password and the right of free use of the Customer account for a period of (3 months) three months. After the expiration of the third month the user shall update the user’s account for payment from the verification button where an invoice shall be generated for payment of an annual subscription. If after this time the customer fails to verify such customer’s account, the latter shall be ex-officio suspended.

13. For registration on the  www.europeanbusinessdatabase.com website the Customer shall:

13.1. Accept the present General Terms and Conditions;

13.2. Fill in the mandatory data fields on the registration page, including select a username and a password;

13.3. Receive an automatic confirmation message about the registration made on the e-mail specified in the registration data and the opportunity to use the services set out in the present General Terms and Conditions.

13.4. Pay in due time the service fee set out in item 2 of section VI by bank or by other means of electronic payment.

14. Any change relevant to the Customer’s rights to use services via www.europeanbusinessdatabase.com shall be communicated to the Customer by an automatic message to the e-mail specified in the registration data or to the specified up-to-date e-mail. Upon a change in the e-mail specified upon the registration or a further update thereof that the Provider has not been notified of, the sending of messages to the last known address shall be considered validly delivered.

 

IV. SCOPE OF THE SERVICES, PROCEDURE FOR ACCESS TO THEM

1. The services that may be used by customers via www.europeanbusinessdatabase.com are exhaustively listed in item 4 of the present section and on the Webpage having the address set out in item 3 of section II of the present General Terms and Conditions.

2. For access to the services that the Customer shall use, an annual fee shall be due, payable once and in full in the possible manners of settlement set out in the present General Terms and Conditions, specified by the provider in accordance with a pricelist published on Company profile verification instruction for the “Service Annual Subscription”

3. The services in www.europeanbusinessdatabase.com shall be provided by visualization of the data on the Customer’s display by enabling printing of the data on paper or by receipt of a copy of the data from the service in a digital form.

4. The data received upon use of the services via www.europeanbusinessdatabase.com shall be made available to the Customer for own needs only. The Customers shall not have the right to use the received data for commercial purpose and/or as a part of their own services including provisions of such data to third parties.

5. The possible services provided by the Provider are specified herein below:

5.1. Creation of a corporate account for full company presentation, which shall contain the following: official company information, history, logo and trademarks, telephones, website, e-mail, links to other accounts, awards, video, product presentation with production and service information by a description, text and images for every product or service, goods and services offers, business publications, participations in virtual shows;

5.2. Publication in the website of company news, commercial announcements, job offers;

5.3. Web Exhibition – presentation of the company by activity and account;

5.4. Locator for every state – it provides information and a link to major state institutions, municipalities, universities, organizations, etc.;

5.5. Search of products and services provided by other companies;

5.6. Subscription for provision of information for products, services, announcements, etc.;

5.7. Provision of online services and products facilitating the work of the Customers: Programmes and software as well as possibility of purchase of various types of online products provided by our partners.

5.8. All services shall be provided for use exclusively and only in English as an official and universal business language. The Customer shall be bound to maintain the Customer’s account in English.

5.9. PROHOSTING Ltd. reserves the right to update its version and website for other world languages in order to improve the services and facilitate the users.

 

V. CONTRACT

1. From the moment of payment by the Customer of the annual subscription fee for servicing and providing the customer with access to the services provided by PROHOSTING Ltd via the www.europeanbusinessdatabase.com website the parties (the Customer and the Provider) shall be considered to be bound by a legally valid contract entered into in compliance with the requirements of these General Terms and Conditions. The existence of such contract shall not require an explicit written form.

2. The Provider shall have the right to unilaterally terminate the Contract without a prior notice in case that:

А) A prohibition is imposed by an act of the competent state authorities on the provision of access to certain type of data contained in www.europeanbusinessdatabase.com;

B) An imperative amendment is made by a legal regulation to clauses, conditions or prices subject of the present General Terms and Conditions;

C) The Customer uses the data and services in violation of the European legislation, the applicable provisions or the rules of moral.

3. The Customer may terminate at any time the Customer’s contract with the Provider, as the Customer shall notify for this purpose the Provider and the Customer’s registration in the system shall be deactivated or the Customer shall alone deactivate it, provided that in the such case the Provider shall not reimburse the subscription annual fee paid and shall not be held liable for repayment of amounts paid in advance by the Customer in relation to the use of the services.

 

VI. LIMITS OF LIABILITY

1. The Customer accepts that by the services provided by PROHOSTING Ltd   the information available in www.europeanbusinessdatabase.com is provided.

2. The information specified for the needs of the registration shall be automatically saved in the system as the Provider shall not be held liable for untrue and wrongfully submitted information as well as in cases when the Customer failed to notify in due time the Provider of a change in the specified data.

3. The Provider shall not bear liability and shall not accept claims in case that the Customer makes available his username and password to third parties and in such case the services ordered by them shall be considered validly performed on behalf and account of the Customer, no matter how it happened.

4. The Provider shall not be held liable in case that the Customer has not acquainted himself with the updated General Terms and Conditions before use of services in www.europeanbusinessdatabase.com

5. The Provider shall not be held liable for any disturbances or technical issues frustrating the use of the services as a result from the operation of the computer equipment by the Customer or of the Internet provision devices and his connection.

6. The Provider shall not bear liability for any damages and future earnings arising for third parties due to failure to comply with the provisions of the present General Terms and Conditions.

7. The Provider shall not bear liability for untrue data upon incorrect filling-in of the necessary information for the receipt of the specific service.

8. The Provider shall not assume any liability for the timeliness, deletion, impossibility of supplying or saving personal setup or communications of the Customer.

9. The Provider shall not bear liability in case of impossibility to use the services due to technical problems, preventive maintenance, decisions of the administrator, etc.

 

VII. PAYMENT FOR THE SERVICES:

1. The Customer shall pay the annual subscription fee:

1.1. by bank to the Provider’s bank account published on the website, as the following shall be written in the payment order in the field denoted for the ground of the transfer: “Annual subscription fee for username, company, customer”.

 

VIII. RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The Provider shall have the following rights:

1.1. to expand the scope of the services provided via www.europeanbusinessdatabase.com;

1.2. to change the technology and design of the services provided via www.europeanbusinessdatabase.com  without a prior notice to the Customers.

1.3. to send to its registered Customers automatic electronic messages related to new services or to changes in the conditions and manners of use of existing services.

1.4. to delete the username created for the Customer, if the latter is not used for a period of 12 months.

1.5. to change the Username and the Password of a Customer when technological or structural changes in the information system require so by notifying the Customer in advance by a written prior notice or by sending a message to the e-mail specified upon the registration within 3 (three) calendar days before such change;

1.6. to receive payments for the services used in accordance with the clauses of the present General Terms and Conditions and the nomenclature of the services and their pricelist;

1.7. to unilaterally change the amount of the prices of the services, as in such case the Provider shall be bound to announce on www.europeanbusinessdatabase.com an up-to-date pricelist published in the “Annual Service Subscription” column, whereby the Customers shall be considered notified thereof;

1.8. PROHOSTING Ltd shall not be bound and objectively able to control how the CUSTOMER uses the services provided, as it shall not bear liability for the customer’s purposes and activity in relation to the use of the services, as well as for the type and nature of the User Generated Content. EUROPEAN BUSINESS DATABASE Ltd shall not be bound to perform monitoring in respect of the information stored on its servers or made available upon provision of the Services, nor to seek for facts and circumstances indicating the performance of illegal activity on the part of the customer by the use of the services.

1.9. PROHOSTING Ltd shall have the right to publish on each of the pages of the www.europeanbusinessdatabase.com Website, including in the Customer Accounts, electronic links, advertising banners and other forms of advertising for goods and services offered by PROHOSTING Ltd or third parties, as well as electronic links and advertising banners leading to websites beyond the control of www.europeanbusinessdatabase.com. PROHOSTING Ltd shall not bear liability for the contents, veracity and lawfulness of similar Webpages or resources and of services or resources that became known to the CUSTOMER upon the use of the services on the www.europeanbusinessdatabase.com Website.

1.10. PROHOSTING Ltd shall have the right to send commercial messages to the CUSTOMERS, with the aim of proposing information and advertisements about its own goods and/or services or such offered by other business companies, making inquiries on various issues, making investigations, etc. By the acceptance of the present General Terms and Conditions the CUSTOMER agrees to receive commercial messages from PROHOSTING Ltd

1.11. PROHOSTING Ltd shall have the right but not an obligation, at its own discretion and without any warning to suspend the access to and/or to remove User Generated Content when the latter conflicts with the requirements provided for in the present General Terms and Conditions.

1.12. PROHOSTING Ltd shall have the right at its own discretion and without any warning to suspend or restrict on a temporary basis the access of the CUSTOMERS to services, as well as the access of other CUSTOMERS to User Generated Content deployed by it, when in the opinion of PROHOSTING Ltd or according to information received from third parties, the CUSTOMER uses the Services in violation of the Bulgarian legislation, the present General Terms and Conditions, the accepted principles of morality or other applicable rules.

2. The Provider shall have the following obligations:

2.1. to provide access to the services to all registered Customers under conditions of general accessibility and observance of the present General Terms and Conditions;

2.2. to provide the Customer with the ordered services in the presence of a fully paid annual subscription fee.

2.3. to make available to the Customers the necessary information for the provided services, their price and the manners of payment.

3. The Customer shall have the right:

3.1. to use the services in such a scope and in such manner as determined in these General Terms and Conditions and by the choice of the respective user group and role;

3.2. THE CUSTOMER shall be entitled to an on-line access to the Services provided via the www.europeanbusinessdatabase.com Website subject to the conditions and requirements for access, as determined by PROHOSTING Ltd.

3.3. Upon use of the Services on the Website www.europeanbusinessdatabase.com, the CUSTOMER shall have the right to deploy on a server of PROHOSTING Ltd. User Generated Content including any intellectual property object, only if the CUSTOMER is the holder of the respective intellectual property rights in it or has received the right to use and sublicense it on a valid legal ground.

3.4. The CUSTOMER undertakes upon use of the Services provided by PROHOSTING Ltd. not to load, deploy on a server of PROHOSTING Ltd. and not to make available to third parties in any way User Generated Content – information, data, text, sound, files, software, music, video, photographs, charts, audio materials, messages, as well as any other materials or electronic links to materials:

А). Contradicting to the Bulgarian legislation, the applicable foreign laws, the present General Terms and Conditions, the Internet ethics, the rules of moral and the accepted principles of morality;

B). Containing violence (including violence against animals), violence propaganda, humiliation of the human dignity, threat for the human life and physical integrity;

C). With pornographic or explicit sexual content;

D). Containing clearly distinguishable bodies of victims of car accidents and other severe accidents;

E). Insulting a religion or containing religious propaganda;

F). Representing commercial or office secret or otherwise confidential information;

G). That are subject of third parties’ intellectual property right, unless the holder of the right agrees;

H). Violating any third parties’ pecuniary or non-pecuniary rights or legal interests;

I). Promoting gender, race, education qualification, age and religion based discrimination or advocating a racist or another non-democratic ideology;

J). Harming the good name of others and calling for a violent change in the constitutionally established order, for the commitment of a crime, for violence against the personality or for the stirring up of racial, national, ethnic or religious hatred;

K). Containing information inciting or facilitating the performance of a terrorist activity;

L). Containing information for others’ passwords or access rights without the consent of their holder, as well as software for access to such passwords or rights;

3.5. THE CUSTOMER undertakes when using services provided by PROHOSTING Ltd.

А). Not to perform malicious acts within the meaning of the present General Terms and Conditions;

B). To immediately notify PROHOSTING Ltd. of any case of committed or revealed violation upon use of the provided services;

C). Not to pretend to be another person or a representative of a legal entity or a group of people that the Customer is not authorized to represent or to otherwise mislead third parties about his identity or his belonging to a certain group of people;

D). Not to use methods resulting in forcible loading of content unwanted by the Internet users (“pop-up”, “blind link” and the like).

3.6. The CUSTOMER shall have the right at any time at his own discretion to terminate the use of the Services provided by PROHOSTING Ltd. , by deactivating the provision thereof from his User account or another webpage provided for this purpose or by terminating his registration on the www.europeanbusinessdatabase.com Website, respectively discontinuing the use of the services provided under the present General Terms and Conditions. From the moment of termination of the registration the contract between the parties shall be considered automatically terminated, and PROHOSTING Ltd. shall cut the access of the respective CUSTOMER to such CUSTOMER’S User Account and shall have the right to cut the access to, and to delete from its servers, all the User Generated Content deployed by him in accordance with the present General Terms and Conditions without owing repayment of the subscription fee paid. Deactivation of the provision of certain Services shall not result in contract termination.

3.7. The CUSTOMER may access and use any content published on the www.europeanbusinessdatabase.com Website, including User Generated Content, only for personal use for non-commercial purposes subject to the requirements of the present General Terms and Conditions.

3.8. The CUSTOMER undertakes not to make and not to try to gain unauthorized access to the services provided by PROHOSTING Ltd. by interception and use of others’ passwords or any other methods, not to evade, damage or otherwise disturb the normal operation of technical or software applications of the www.europeanbusinessdatabase.com Website that prevent or restrict the access to others’ e-mailboxes, administrative panels, computer systems.

3.9. The CUSTOMER shall have the right to receive a service paid for by him in accordance with the present General Terms and Conditions;

4. The Customer shall be bound prior to use of the services via www.europeanbusinessdatabase.com  to accept the present General Terms and Conditions and to comply with them upon any use, as well as to comply with all other conditions contained in the legislation of the Republic of Bulgaria, even if not mentioned in the present General Terms and Conditions.

 

IX. AMENDMENTS TO THE GENERAL CONDITIONS

1. In view of the periodical supplementation and modification of the Services, their improvement and expansion, as well as in relation to possible legislative changes that have an impact on them, the General Terms and Conditions may be amended unilaterally by PROHOSTING Ltd. Such an amendment may also be performed upon a change of the type, nature or technology of the provided Services, upon termination of the provision of certain Services, as well as upon a change in the economic conditions.

2. Upon the introduction of amendments to the General Terms and Conditions, PROHOSTING Ltd. shall bring them to the knowledge of the CUSTOMERS by publishing them on the www.europeanbusinessdatabase.com Website. PROHOSTING Ltd. shall give the CUSTOMERS two weeks to acquaint themselves with the amendments to the General Terms and Conditions and they shall afterwards enter into force.

3. These General Terms and Conditions, as well as any future amendments thereto shall also apply to existing registered CUSTOMERS as of the date of entry into force thereof. Within the term under item 2 they shall have the right to declare that they reject the amendments by sending a message to the specified contact e-mail of PROHOSTING Ltd. In case that a statement of rejection of the amendments is not received by PROHOSTING Ltd. the CUSTOMER shall be considered bound by them. The application on the part of a registered CUSTOMER that the latter does not agree with the amendments to the General Terms and Conditions shall lead to an automatic termination of the contract between the CUSTOMER and the PROVIDER for use of the services provided via the www.europeanbusinessdatabase.com Website, whereupon PROHOSTING Ltd. shall have the right to immediately cut the access of the respective CUSTOMER to such CUSTOMER’S user account, to terminate his registration and to delete from its servers all the User Generated Content deployed by such CUSTOMER without owing repayment of the annual subscription fee paid.

 

X. INTELLECTUAL PROPERTY

1.1. By deploying User Generated Content in any form on the www.europeanbusinessdatabase.com Website, the CUSTOMER provides to PROHOSTING Ltd. the non-exclusive right to use it, save it, store it, disseminate it publicly in Internet, including to offer access to an unlimited number of people to it in a way allowing such an access to be implemented from such a place and at such time as may be individually selected by each of them, without owing a fee for this and without territorial limits (all over the world). The right under the previous paragraph shall be granted for the period of time when the User Generated Content is deployed on a server of PROHOSTING Ltd. as well as for a reasonable period of time after the removal or deletion thereof.

1.2. In case that the provided User Generated Content includes intellectual property objects, the CUSTOMER declares that he is the holder of the respective intellectual property rights in them or has the right to use the relevant materials in such way as set out in the present General Terms and Conditions, including the right to sublicense the use of the respective materials, as the CUSTOMER has acquired such right on a legal, contractual or another legal grounds, as well as that the deployment of such content on the Site and the use thereof in accordance with the present General Terms and Conditions does not violate intellectual property rights, personal or other rights belonging to third parties.

1.3. Upon the use of the Services subject of the present General Terms and Conditions, the CUSTOMER shall have access to a wide range of content and resources that are subject of a copyright or other intellectual property rights of PROHOSTING Ltd. of other CUSTOMERS or of the respectively indicated persons. The CUSTOMER shall have access to the content in view of the use thereof for personal needs in compliance with the present General Terms and Conditions and shall not have the right to use, save, store, reproduce, change, adapt or distribute or publicly distribute intellectual property objects that becomes accessible to him upon the use of the Services, unless it is about information of an insignificant volume intended for personal use, provided that no unreasonable prejudice is caused to the legal interests of the authors or other holders of intellectual property rights, in case that the copying or reproduction are carried out for non-commercial purposes, as well as in case that the respective content is provided by him or he has received the explicit consent of the respective right-holders. Notwithstanding the above, the CUSTOMER shall not have the right to remove the trademark symbols and symbols denoting holding of another intellectual property right from the materials accessible to him, whether the holder of the respective rights is PROHOSTING Ltd. or another CUSTOMER.

1.4. The CUSTOMER shall be exclusively liable for the lawfulness of the User Generated Content published or made available by him through the use of the services on the www.europeanbusinessdatabase.com Website, as well as for his acts related to the publication thereof and for the consequences from such publication.

1.5. The intellectual property rights in all intellectual property objects – materials, databases and other resources deployed on the Website, beyond the User Generated Content deployed by the CUSTOMERS on the www.europeanbusinessdatabase.com Website, shall be subject of protection in accordance with the Copyright and Neighbouring Rights Act and/or the Marks and Geographical Indications Act, belong to PROHOSTING Ltd. or to the respectively indicated person that assigned the right of use to PROHOSTING Ltd. and may not be used in violation of the effective legislation.

1.6. In case that the CUSTOMER is of the opinion that his intellectual property rights have been violated by another customer, he must notify PROHOSTING Ltd. in writing to the registered address set out in the present General Terms and Conditions or by a letter sent to the e-mail given for contact with PROHOSTING Ltd.  The notice must contain exact identification of the material allegedly published in violation of intellectual property rights, indication of the person or persons whose intellectual property rights are violated and the ground, on which these persons have become holders of the respective rights, as well as a contact address and telephone of the CUSTOMER.

                                   

ХI. LIABILITY. LIMITATION OF LIABILITY

1.1. PROHOSTING Ltd. shall make efforts to make sure that the CUSTOMER is able to normally use the Services but upon the provision thereof it is under no obligation and does not guarantee that they shall satisfy the requirements of the CUSTOMER. By accepting the present General Terms and Conditions, the CUSTOMER declares that the use of the provided Services shall be entirely on his risk and liability, and the parties agree that PROHOSTING Ltd. shall not be held liable for damages eventually caused to the CUSTOMER upon the use of the provided Services, unless caused by PROHOSTING Ltd. deliberately or under the conditions of gross negligence.

1.2. PROHOSTING Ltd. shall not bear liability for the objectives and activity of the USER in relation to the use of the Services, and shall not bear liability either for damages ensuing for other CUSTOMERS upon the access to, or use of, content made available by the CUSTOMER or that became accessible via the www.europeanbusinessdatabase.com Website.

1.3. PROHOSTING Ltd. shall not bear liability for the availability and quality of goods and the content of services brought to the attention of the CUSTOMER by a publication on the Website of electronic links, advertising banners and notices for the sale of goods and provision of services by third parties and/or by attachment of such to the text of the commercial messages sent to him to the address of his e-mailbox specified by him upon his registration or generated upon his registration in view of the use of the “Electronic Mailbox” service. As far as the acts of such third parties are not under the control of PROHOSTING Ltd. , the latter shall not be held liable for any unlawful nature of the third parties’ activity or for the arising, guaranteeing, fulfilment, change and termination of assumed obligations and commitments in relation to the goods and services offered by the third parties, and shall not be held liable for damages and future earnings suffered as a result from these relations.

1.4. PROHOSTING Ltd. shall not bear liability for failure to provide the services upon the occurrence of circumstances beyond its control – in cases of force majeure, accidental events, problems affecting the Internet global network and in the provision of services beyond the control of PROHOSTING Ltd. , problems that are due to the CUSTOMER’S equipment, as well as in case of unauthorized access or intervention of third parties in the functioning of the information system or of the servers of PROHOSTING Ltd. .

1.5. PROHOSTING Ltd. shall not be held liable for damages caused to the CUSTOMER’S software, hardware or facilities or for a data loss ensuing from materials or resources sought, loaded or used in any way via the provided Services.

1.6. PROHOSTING Ltd. shall not bear liability towards the CUSTOMER and third parties for sustained damages and future earnings that took place as result from a termination, suspension, alteration or restriction of the provision of any of the Services, restrictions in the size of the disk space provided for use of the Services, the deletion, return, non-receipt, modification, loss, untrustworthiness, inaccuracy or incompleteness of messages, materials or information, which are used, saved or have become accessible via the www.europeanbusinessdatabase.com Website.

1.7. The parties accept that PROHOSTING Ltd. shall not bear liability for failure to provide the Service or for providing them with worsened quality as a result from tests made on the part of PROHOSTING Ltd. for the purpose of inspection of equipment, links, networks, etc., as well as tests directed towards improvement or optimization of the Services being provided. In such cases PROHOSTING Ltd. shall inform the CUSTOMER in advance for the possible temporary non-provision, respectively for the worsened quality of the Services.

1.8. By the acceptance of the present General Terms and Conditions, the CUSTOMER represents that he is aware of the possibility of eventual interruptions and other type of difficulties in the implementation of the Internet connection to the www.europeanbusinessdatabase.com Website, which could arise regardless of the cares taken on the part of PROHOSTING Ltd. The USER represents that he shall not claim any indemnities for future earnings, suffered losses or inconveniences resulting from the occurrence of the above interruptions or impediments of the Internet connection, including in respect of the capacity of this connection.

1.9. PROHOSTING Ltd. shall not bear liability and shall not owe indemnity to a person whose personal data have been used by another person for the use of the Services provided by PROHOSTING Ltd. whether the first person consented to that or not.

 

ХІI. RIGHTS OF PROHOSTING Ltd. IN CASE OF FAILURE OF A USER TO FULFIL SUCH USER’S OBLIGATIONS

1.1. PROHOSTING Ltd. shall have the right to stop, restrict or alter the Services provided to the USER, as well as to refer to the competent state authorities, if the CUSTOMER by his behaviour, according to PROHOSTING Ltd. violates provisions of the effective Bulgarian legislation, of the present General Terms and Conditions or the rights and legal interests of third parties, as well as at any time and without an advance warning to stop the access to any content deployed on the Website www.europeanbusinessdatabase.com  by the CUSTOMER, in respect of which it considers, or receives information from third parties, that it contradicts to the effective Bulgarian legislation, the present General Terms and Conditions or to their or others’ rights and legal interests, including intellectual property rights, until the resolution of such a dispute by an act of a competent state authority.

1.2. Upon receipt of an order from competent state authorities in respect of User Generated Content, PROHOSTING Ltd. shall have the right without a prior warning to cut the access to such User Generated Content or to perform other acts in accordance with the obtained order.

1.3. PROHOSTING Ltd. shall have the right without a prior notice to deactivate the user account access password of the CUSTOMER in case that in the opinion of PROHOSTING Ltd. the CUSTOMER violates provisions of the effective Bulgarian legislation, of the present General Terms and Conditions or the rights and legal interests of third parties. In such cases PROHOSTING Ltd. shall have the right to terminate the CUSTOMER’S registration, to terminate the provision to the CUSTOMER of the Services and to delete from its servers all the User Generated Content deployed by him. The contract with the CUSTOMER shall be considered automatically terminated from the date of termination of his registration.

1.4. In the above cases PROHOSTING Ltd. shall not bear liability for damages and future earnings suffered by the CUSTOMER or third parties, occurring as a result from the suspension, alteration or restriction of the Services, termination of the contract or submission of information or compliance with orders of the competent state authorities.

 

ХІІI. INDEMNITIES

1.1. The CUSTOMER shall be bound to indemnify PROHOSTING Ltd. and all third parties for all damages and future earnings sustained by them, including for paid pecuniary sanctions, attorney’s fees and other expenses resulting from claims brought by and/or indemnities paid to third parties in relation to materials that the CUSTOMER has made available to third parties or has made available through use of the Services provided by PROHOSTING Ltd. in violation of the Bulgarian legislation, the applicable foreign laws, the present General Terms and Conditions or the accepted principles of morality, as well as in relation to other violations of the CUSTOMER’S obligations under the present General Terms and Conditions.

1.2. Apart from the above, the USER undertakes to indemnify PROHOSTING Ltd. for all damages caused as a result from the use of the provided Services by third parties, to whom the USER has given his password or secret question and answer in violation of the present General Terms and Conditions.

1.3. Parents exercising parental rights, trustees or guardians of a minor shall be held liable for all damages caused by such minor to PROHOSTING Ltd. and to third parties upon the registration and the use of the Services – subject of the present General Terms and Conditions, as well as for all damages ensuing from filling in untrue and non-genuine data upon the registration or subsequently in the course of use of the services.

1.4. The obligations of the persons under the present item 12 shall remain valid even after the termination of the contract with the USER.

 

XIV. PERSONAL DATA PROTECTION

1.1. PROHOSTING Ltd. shall have the right to collect and use information for the CUSTOMERS. The information whereby the person may be identified, may comprise name, father’s name, surname, date of birth, registered address and seat, uniform identification code, as well as any other information that the CUSTOMER voluntarily enters, uses or makes available upon use of the Services on the www.europeanbusinessdatabase.com Website. To avoid any doubt, the User Generated Content shall not be considered personal data and therefore it shall not be subject of the protection provided in respect of the CUSTOMER’S personal data pursuant to the present General Terms and Conditions.

1.2. Each registered CUSTOMER shall be entitled through his username and password to on-line access to his user account, where he may change and update his personal data stored by PROHOSTING Ltd.

1.3. PROHOSTING Ltd. shall exert the due diligence for the collection, processing and storage of the CUSTOMERS’ personal data subject to strict observance of the provisions of the Personal Data Protection Act.

1.4. PROHOSTING Ltd. shall exert the due diligence and bear liability for the protection of the CUSTOMER information that became known to it in relation to the provision of the Services subject of these General Terms and Conditions, except in the cases of force majeure, accidental event or third parties’ malicious acts, as well as when the CUSTOMER alone made this information accessible to third parties.

1.5. In the registration form filled in by the CUSTOMER upon the entry into of the contract, PROHOSTING Ltd. shall clearly mark the mandatory or voluntary nature of the submission of the data and the consequences from a denial to submit. By consenting to the present General Terms and Conditions the CUSTOMER agrees that the information for him shall be processed under the procedure set forth herein.

1.6. PROHOSTING Ltd. shall collect and use the information under item 1.1 for the purposes provided for in the present General Terms and Conditions, including for the provision of new services to the customers and for any other purposes, and by making a registration in order to use the Services, the CUSTOMER agrees to obtain commercial messages sent by PROHOSTING Ltd. The described purposes that the information may be used for are not exhaustively listed and shall not give rise to obligations for PROHOSTING Ltd.

1.7. By the acceptance of the present General Terms and Conditions, the CUSTOMER agrees with the processing of his personal data for the purpose of direct marketing. The CUSTOMER shall have the right to object to the processing of his personal data for the purposes of direct marketing by sending a written notice to PROHOSTING Ltd. on the specified contact address or e-mail. The CUSTOMER shall have the right to be informed before the first disclosing of his personal data to third parties or the use thereof on their behalf for the purposes of direct marketing as he shall be given an opportunity to object to such disclosing or use.

1.8. PROHOSTING Ltd. undertakes not to edit or disclose any personal information for the CUSTOMER or for the use by him of the Services and not to submit the collected information to third parties – state authorities, business companies, natural persons and others, except when:

А) It is provided for in the present General Terms and Conditions or the CUSTOMER has given his express consent upon the registration or subsequently;

B) This is necessary for the fulfilment of a legally established obligation of PROHOSTING Ltd.

C) Information is requested by state authorities or officials, who are authorized pursuant to the effective legislation to demand and collect such information upon observance of the legally established procedures;

D) the information about the personal data shall be submitted to employees or subcontractors of  PROHOSTING Ltd. for activities of administration thereof and the use of the Services;

E) In other cases as provided for in the law.

                                         

ХV. TERMINATION AND RESCISSION OF THE CONTRACT

15.1. Except in the cases provided for in the present General Terms and Conditions, the contract between the parties shall also be terminated upon the occurrence of any of the following circumstances:

А) Discontinuation of the activity of PROHOSTING Ltd. or discontinuation of the maintenance of the www.europeanbusinessdatabase.com Website;

B) Mutual consent of the parties to the termination;

C) Other cases provided for in the law.

15.2. In case of termination of the contract between the parties on any ground, PROHOSTING Ltd. shall have the right to immediately cut the access of the respective CUSTOMER to such CUSTOMER’S user account, to terminate his registration and to delete from its servers all the User Generated Content deployed by him there, upon observance of the requirements of the applicable legislation. In case of termination of the contract, PROHOSTING Ltd. shall not be held liable for damages and future earnings suffered by the CUSTOMER or third parties, occurring as a result from the cutting of the CUSTOMER’S access to the CUSTOMER’S user account, the termination of his registration, the deletion of the User Generated Content deployed by the CUSTOMER on the servers of PROHOSTING Ltd. and also as a result from the submission of information or execution of orders of the competent state authorities.

 

ХVI. OTHER CONDITIONS

1.1. The written or electronic statements and messages provided for in the contract and the present General Terms and Conditions shall be considered validly made or served if made in the form of a letter with a delivery receipt, fax message, e-mail, pushing of a virtual button in the www.europeanbusinessdatabase.com Website and the like, as far as the statement has been recorded, technically, in a way allowing the reproduction thereof.

1.2. By the acceptance of the present General Terms and Conditions and entry into of a contract between them, the parties express their agreement to consider the electronic statements made between them received by the receipt thereof in the information system set out by the addressee, there being no need of an explicit confirmation. When PROHOSTING Ltd. is an addressee of the statement, receipt of the statement in an information system set out by the addressee shall be considered to be its receipt in the POP3 servers of PROHOSTING Ltd. When the CUSTOMER is the addressee of the statement, receipt of the statement in an information system set out by the addressee shall be considered to be the receipt thereof in an electronic mailbox specified upon his registration, located on a server within the respective redirecting domain.

In case that the CUSTOMER has referred to an invalid electronic mailbox, the statement shall only be considered received by the sending thereof by PROHOSTING Ltd. even if not received.

1.3. The parties agree that in case that any of the clauses under the present General Terms and Conditions proves to be invalid, it shall not bring about invalidity of the contract, of other clauses or parts thereof. Such invalid clause shall be replaced by the imperative provisions of the law or by the established practice.

1.4. The www.europeanbusinessdatabase.com Website shall be maintained by PROHOSTING Ltd.  by technical equipment located on the territory of the Republic of Bulgaria. PROHOSTING Ltd. shall not guarantee and shall not bear liability for the accessibility and for the proper provision of the Services on the www.europeanbusinessdatabase.com Website outside the territory of the Republic of Bulgaria. In case that the CUSTOMER uses the Services subject of the present General Terms and Conditions, outside the territory of the Republic of Bulgaria, the CUSTOMER shall be exclusively responsible for the observance of the applicable legislation depending on the place of use of the Services.

1.5. As regards all issues not settled by the present Contract the provisions of the effective legislation of the Republic of Bulgaria shall apply.

1.6. All disputes between the parties shall be resolved in a spirit of understanding and good will. In case that no consent is reached, all unresolved disputes arising out of the contract between the parties or related to it, including disputes arising out of or related to its interpretation, invalidity, performance or termination, as well as disputes about the filling-in of gaps in the contract or its adaptation to newly arisen circumstances shall be resolved by the court in the city of Sofia, Bulgaria, competent under the Bulgarian legislation.

 

 Last update 07.04.2016 year

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