I. SUBJECT

Art. 1. These general conditions are intended to regulate the relations between “WebMag1” EOOD , Sandanski, p.k. 2800, ul. Makedonia №46 EIK 207224654, hereinafter referred to as PROVIDER for short , and the users, hereinafter referred to as USERS , of the hosting service provided by it, hereinafter referred to as the Service .

II. PROVIDER DATA

Art. 2. Information according to the Electronic Commerce Act and the Consumer Protection Act:

  1. Name of the Supplier: “WebMag1” EOOD
  2. Headquarters and address of management: town of Sandanski, p.k. 2800, 46 Macedonia St
  3. Address for exercising the activity: Sandanski, p.k. 2800, 46 Macedonia St
  4. Data for correspondence: town of Sandanski, p.k. 2800, 46 Macedonia St. Email: [email protected] , phone: 0897064520
  5. Supervisory bodies:
    (1) Personal Data Protection Commission
    Address: Sofia, 15 Ivan Evstatiev Geshov Street,
    phone: (02) 940 20 46
    fax: (02) 940 36 40
    Email: kzld@government .bg , [email protected]
    Website: www.cpdp.bg

    (2) Commission for Consumer Protection
    Address: 1000 Sofia, “Slaveikov” Square #4A, floors 3, 4 and 6,
    phone: 02 / 980 25 24
    fax: 02 / 988 42 18
    hotline: 0700 111 22
    Website: www.kzp.bg

III. CHARACTERISTICS OF THE SERVICE

Art. 3. The service provided by the Provider to the User includes the following:
1. Provision of free space and resources on the Provider’s server, on which the User has the right to publish and share information with third parties on the Internet;
2. Providing access to an administrative panel for publishing, processing and disposing of the information shared on the provided space and server resources;
3. Providing the possibility to use email services;
4. Provision of the Service, according to the current subscription plan and parameters;
5. Providing technical support for the service, including sending email notifications of changes to the service, suggestions for improving the service, adding new functionalities or moving to a higher level of its parameters;

Art. 4. (1) The Provider provides, and the Users use the Service, according to the parameters of the respective subscription plan chosen by the Users in its current parameters at the relevant moment of the execution of the contract.

(2) The Provider provides the Service within the framework of bona fide, reasonable and accepted in practice and customs consumption. The Provider announces an exemplary listing of the unfair use and technical and software limitations of the Service in the Policies.

(3) In the case of establishing a deviation from the use according to para. 2. The Provider has the right to temporarily or permanently limit or terminate the provision of the service.

(4) In case the User is a consumer within the meaning of the Consumer Protection Act, the Provider only provides the Service according to the subscription plan aimed at consumers. In the event that this is not expressly stated in the subscription plan, the most limited and basic subscription plan with the lowest price is considered to be directed only to consumers within the meaning of the Consumer Protection Act.

(5) Users of the Service are only natural and legal persons who enter into a contract with the Provider and wish to use the Service. Users can be legal persons or legal entities of legal age, represented by their legal representatives or duly authorized persons. Natural persons – users use the services for the following:
– for personal purposes on a basic (smallest in terms of specifications and price) subscription plan for the Service, if they have the status of a user within the meaning of the Consumer Protection Act.

– for their commercial, professional and business activities and declare that they are not consumers within the meaning of the Consumer Protection Act;

(6) The owner of the account for use of the Service shall be considered the legal entity that made the first payment for the Service, to whom an invoice was issued for this payment, or the individual contact person specified in the created use profile. Third parties have the right to pay the price for the subscription plan on behalf of the User without becoming a party to the contract and without becoming the owner of the account for using the Service.

IV. PRICE OF THE SERVICE

Art. 5. (1) The Provider provides the Service against a fee payable by the User according to the subscription plan chosen by him.

(2) Information about the various subscription plans is available at the following addresses:
https://webhostdream.com/shared-hosting/

Art. 6. (1) The user pays the price of the service at the beginning of each subscription period.

(2) The provider confirms receipt of payment by activating the service.

(3) The user has the right within 30 calendar days to refuse the use of the service and to terminate the contract, without notice and without giving a reason.

(4) In the cases under para. 3 The Provider reimburses the User the entire amount paid for the Service.

(5) In the cases under para. 3 are not subject to reimbursement of amounts paid for services that are performed once by the Supplier and have already been performed. Such services are considered to be: domain registration, website registration in popular portals and search engines, website development, system administration, etc.

(6) In the cases under para. 3 The Provider has the right to deduct from the refund amount the value of all fees and commissions paid by the Provider, which are directly related to the provision of the service to the User and the return of the amount paid by the User.

(7) In the cases under para. 3, when the User has received in some form an additional benefit that is related to material and non-material costs from the Supplier, the latter has the right to deduct the cost of the given benefit from the amount subject to reimbursement, when reimbursing the User, as well as the cost price of all costs incurred in connection with the provision of the Service and not included in the description of the Service.
Additional benefits include gifts under current promotions, bundled additional free services, promotional credits for advertising, monetary bonuses, etc.

V. PROVISION OF THE SERVICE

Art. 7 (1) To use the Service, the User should enter the generated remote access password.

(2) The remote access password is generated by the Provider in the process of creating the User’s profile for using the Service.

(3) By filling in his data and pressing the button for placing an order or agreeing to the general terms and conditions, the User declares that he is familiar with these general terms and conditions, agrees with their content and undertakes to abide by them unconditionally.

(4) By performing the actions under para. 3 The Provider creates a profile of the User and a contractual relationship arises between him and the Provider.

(5) The Provider confirms the registration made by the User by sending a letter to the e-mail specified by the User, to which the data for activating the profile for using the Service are also sent.

(6) When registering, the User undertakes to provide true and up-to-date data and to declare true circumstances. The user undertakes to promptly update the data specified in his registration in the event of a change.

Art. 8. (1) The Provider provides the User with access to an administrative panel for remote use of the Service.

(2) The User has the right to manage the Service only through the administrative panel provided by the Provider and by identifying himself with a name and password.

(3) The User has the right to remote access only to the space and resources allocated for him on the Provider’s server.

Art. 9 (1) The User has the right to share information through the space and resources provided by the Provider on a server with Internet connectivity, according to the parameters of the current subscription plan for the Service.

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

(3) The User 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 violate the functioning and security of the server and the present general conditions.

Art. 10. (1) The Provider provides the User with the opportunity to use email services according to the parameters of the current subscription plan.

(2) The user can use email services within the parameters of the current subscription plan.

Art. 11. (1) The User has the right to use the Service in good faith, as intended, according to these general terms and conditions and within the current subscription plan.

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

(3) The user uses technologies and designs his sites in a way that is in accordance with modern requirements for security, functionality, restrictions on non-ceding of hosting resources to third parties and efficiency. The sites created by the User, by using the Service, must not create a server load that exceeds the normal and accepted in practice consumption of the services “Shared Hosting” and “WordPress Hosting” according to the current subscription plan for the Service.

(4) The User has no right to use the Service to create and provide Internet games. An Internet game within the meaning of this article is not the organization of promotions, quizzes and other similar activities.

(5) The User has no right to use the Service to create “proxies” and launch resident programs.

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

  • To publish, distribute or provide in any way, data, messages, text, computer files or other materials that are contrary to Bulgarian legislation, applicable foreign laws, these terms and conditions, Internet ethics or good morals and that violate the rights of third parties such as:
    • 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;
    • 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 harmful programs or their components.
  • To publish or transfer pornographic and illegal materials.
  • For Publishing data, messages, text, computer files or other materials containing a threat to human life and bodily integrity, propagating discrimination, terrorism, 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 or international acts calling for a violent change of the constitutionally established order, for committing a crime, etc.
  • To assign or resell all or part of the Service or server resources to third parties, including through the add domains functions as additional domains.

(7) The User agrees not to use the Service for sending unsolicited mail – “SPAM”. Violation of this requirement is grounds for temporary suspension of the provided Service, of which the Provider notifies the User. In case of repeated action, the Provider has the right to unilaterally terminate the provision of the service without warning.

Art. 12. (1) The User undertakes not to use the Service to provide hosting services to third parties or resell hosting server resources, including by using the function of additional domains to an existing hosting plan of the Service. The User has the right to use the Service to provide hosting services to companies in which he has a direct share in the capital or of which he is a legal representative.

(2) The supplier has the right to carry out constant checks for compliance with the requirement under para. 1 and at its discretion unilaterally and without warning to take appropriate measures to remedy the violation, including by changing the User’s subscription plan, limiting or terminating the provision of the Service, as well as separating the sites into separate accounts.

Art. 13. (1) The User independently provides the equipment to access the Service and its management.

(2) The Provider’s hosting services do not include the provision of a domain name to the current subscription plan, unless the respective hosting service expressly provides for the provision of a free domain name.

Art. 14. (1) In order to improve the quality of the Service, perform prevention, repair damage and other related activities, the Provider has the right to temporarily limit or suspend the provision of the service.

(2) In the cases under para. 1, The Provider is obliged to promptly restore the provision of the service after the termination of the circumstance that caused the suspension.

Art. 15. The Provider provides technical support to the Users of the Service, according to the current subscription plan.

Art. 16. (1) The Provider takes measures to protect the User’s personal data in accordance with the Personal Data Protection Act.

(2) For reasons of security of the Users’ personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.

Art. 17. (1) At any time before, during or after provision of the Service, the Provider has the right to require the User to identify himself and certify the reliability of each of the circumstances and personal data announced during registration.

(2) In the event that for any reason the User has forgotten or lost their username and password, the Provider has the right to implement the announced “Procedure for lost or forgotten usernames and passwords”, available at https://my.webhostdream.com/ index.php?rp=/password/reset

VI. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS

Art. 18. (1) These general terms and conditions may be amended by the Provider, of which the latter will notify all Users of the service in an appropriate manner.

(2) The Supplier and the User agree that any addition and amendment to these general terms and conditions will be effective against the User after the Supplier has expressly notified him and if the User does not state within the 14-day period granted to him that he rejects them.

(3) The User agrees that all statements of the Provider in connection with the amendment of these general conditions will be sent to the e-mail address specified by the User when registering to use the Service. The user of the service agrees that e-mails sent pursuant to this article do not need to be signed with an electronic signature in order to be effective against him.

(4) In case of expiration of the current subscription plan for the Service, the payment of amounts for the next period by the User is accepted for renewal of the contract under the current general conditions for the Service.

Art. 19. The Supplier publishes these general terms and conditions athttps://webhostdream.com/shared-hosting/ , together with all additions and amendments thereto.

VII. TERMINATION

Art. 20. The contract for the provision of the Service is terminated:

  • upon expiration of the contract, according to the subscription plan period chosen by the User;
  • upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
  • by mutual agreement of the parties in writing;
  • in case of objective inability of one of the parties to the contract to fulfill its obligations;
  • when the equipment is seized or sealed by state authorities;.
  • in the cases under Art. 11, para. 6 of these general conditions with a unilateral statement from the Supplier, including electronically;

Art. 21. The Provider has the right at its discretion, without giving notice and without paying compensation, to unilaterally terminate the contract, in case it finds that the services provided are used in violation of these general conditions, the Policies adopted by the Provider, the legislation in the Republic of Bulgaria , the generally accepted moral norms or the generally accepted rules for using the “Shared Hosting” services.

VIII. RESPONSIBILITY

Art. 22. (1) In the event that the User terminates this contract early, the User owes the Supplier a penalty in the amount of the remuneration due for the remaining period of the contract.

(2) If the Supplier has received the full amount for the term of the contract, the remuneration paid by the User shall be considered compensation to the Supplier for early termination of the contract.

(3) In the event that this contract is unilaterally terminated by the Supplier due to culpable non-fulfillment of the User’s obligations, the latter owes the Supplier a penalty in the amount of the remuneration due for the remaining period of the contract.

Art. 23. In case of culpable non-fulfillment of the User’s obligations to provide the Service, the Provider is entitled to a penalty in the amount of the remuneration due for the remaining period of the contract.

Art. 24. In case of receiving a complaint from a third party about the use of the service in violation of legal provisions, the rules of morality or the provisions of these general conditions, the parties agree that the Provider has the right to temporarily limit the provision of the service or access to the information of The user until the case is clarified.

Art. 25. The User undertakes to indemnify and indemnify the Provider against legal claims and other claims of third parties (whether justified or not), for all damages and costs (including attorney’s fees and court costs) arising from or in connection with (1) non-fulfillment of any of the obligations under this contract, (2) infringement of copyright, production, broadcasting rights or other intellectual or industrial property rights and (3) illegal transfer to other persons of the rights granted to the User , for the term and under the terms of the contract.

Art. 26. The provider is not responsible in case of inability to provide connectivity or functioning of the technical equipment during a certain period of time due to force majeure, random events, internet problems, technical or other objective reasons, including orders of the competent state authorities.

Art. 27. (1) The Provider is not responsible for damages caused by the User to third parties.

(2) The Provider is not responsible for pecuniary or non-pecuniary damages expressed in lost benefits or suffered damages caused to the User in the process of using or not using the Service.

(3) The Provider is not responsible for the time during which the Service was not provided to the User on the basis of Art. 24.

(4) The Provider is not responsible for damages to the User in case of limitation of the Service or switching to another subscription plan due to violation of the requirement not to provide hosting and server resources to third parties.

Art. 28. (1) The provider is not responsible in cases of overcoming the security measures of the technical equipment through which the service is provided, resulting in loss of information, dissemination of information, access to information, restriction of access to information, change of information published on the User’s sites and other similar consequences.

(2) The Provider is not responsible in the case of providing access to information, loss or change of data or parameters of the Service, which occurred as a result of false identification of a third party who presents himself as the User, if it can be judged from the circumstances that that person is the User.

protection of personal data

Art. 28A. (1) The Provider takes measures to protect the User’s personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and for the repeal of Directive 95/46/EC (GDPR) and the Personal Data Protection Act.

(2) The Provider processes the personal data of the Users on the basis of Art. 6, para. 1, b. “b” of the GDPR – the processing is necessary for the performance of a contract to which the subject is a party.

(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 the required information according to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of physical individuals in connection with the processing of personal data and on the free movement of such data and for the repeal of Directive 95/46/EC (GDPR) in Mandatory information on the rights of individuals on the protection of personal data, available at https://webhostdream . com/terms-of-use , with which the User declares by accepting these general conditions that he has read and agrees.

(4) When providing the service, the Provider acts solely on the instruction of the User of the service and only to the extent that he can have control over the personal data that the user processes. The contract for the use of the service and the use of its functions and capabilities made available by the Provider as part of the service constitute comprehensively and explicitly the instructions of the user of the service to the obliged person (the service provider). In this sense, the Provider (service provider) has no control over the content and data that the service user chooses to upload to the service (including whether or not this data includes personal data. In this case, the Provider has no role in the process of deciding whether the user uses the service to process personal data, for what purposes and whether they are protected. Accordingly, the responsibility of the Provider in this case is limited to 1) complying with the instructions of the service user according to and as described in the contract for the provision of the service and 2) providing information about the service and functionalities through its interface. In the current case of provision of hosting services by the Provider, the Provider has no control and no responsibility for the personal data that the user of the service processes.

(5) For reasons of security of the Users’ personal data, the Provider will send the data only to the e-mail address that was specified by the Users at the time of registration.

IX. OTHER TERMS

Art. 29. (1) The User and the Supplier undertake to protect each other’s rights and legal interests, as well as to protect their trade secrets, which became their knowledge in the process of executing the contract and these general terms and conditions.

(2) The User and the Supplier undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. can be considered public domain.

Art. 30. In the event of a conflict between these general terms and conditions and provisions in a special contract between the Provider and the User, the clauses of the special contract shall prevail.

Art. 31. The possible invalidity of any of the provisions of these general conditions will not lead to the invalidity of the entire contract.

Art. 32. (1) The User has the right to refer all disputes with the Provider regarding the performance of this contract to the out-of-court Alternative Dispute Resolution (ADR) platform available at https://webgate.ec.europa.eu/odr/ main/?event=main.home.show .

(2) All disputes arising from these general conditions or relating to them, if they cannot be settled amicably between the Supplier and the User through negotiations, will be referred for resolution by the Arbitration Court at the Bulgarian Chamber of Commerce and Industry, in accordance with its Rules for cases based on arbitration agreements, as Bulgarian law will be applicable. In the event that the User is a consumer within the meaning of the Consumer Protection Act, the User may refer the dispute for resolution to the competent Bulgarian courts.

Art. 33. The laws of the Republic of Bulgaria and the Policies shall apply to matters not settled in this contract, related to the implementation and interpretation of this contract.

Art. 34. These general terms and conditions enter into force for all Users on May 17, 2018 .

Art. 35. The policies for using the “Shared Hosting” services are announced at:https://webhostdream.com/shared-hosting/.

Appendix № 1

Standard form for exercising the right to withdraw from the contract:

(complete and send this form only if you wish to withdraw from the contract)

To “WebMag1” EOOD , gr. Sandanski, p.k. 2800, st. Macedonia #46. Email: [email protected] , tel: 0897064520:

I/we hereby notify* that I/we renounce* the contract concluded by me/us* for the provision of the following service: *

Ordered at*/Received at*:

Username*/s*:

Address of user*/s*:

Signature of the user*/s*: ____________ ( only if this form is on paper )

Date ____________

* Unnecessary is crossed out.

Appendix No. 2

Information on exercising the right to withdraw from the contract

Standard opt-out guidelines:

I. Right to withdraw from the contract remotely or off-premises.

II. You have the right to withdraw from this contract without giving reasons within 30 days.

III. The cancellation period is 30 days from the date on which the contract was concluded).

In order to exercise your right of refusal, you must notify us ( “WebMag1” EOOD , Sandanski, p.k. 2800, Macedonia Street №46. Email: [email protected] , phone: 0897064520, EIK 207224654 ) and of your decision to withdraw from the contract with an unequivocal statement (for example, a letter sent by post, fax or e-mail).

You may use the attached standard opt-out form, but this is not required. You can also fill out and submit electronically the standard opt-out form or another unambiguous opt-out application on our website (site-bg.net). If you use this option, we will immediately send you in a durable medium (for example, by e-mail) a message confirming receipt of the opt-out.

In order to comply with the withdrawal period, it is sufficient to send your message regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.

IV. Action of refusal.

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs associated with a delivery method chosen by you other than the cheapest standard delivery method, offered by us), without undue delay and in any case no later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will process the refund using the same means of payment used by You in the original transaction, unless You expressly agree otherwise; in any event, this refund will be at no cost to you.

Where the consumer has received goods in connection with the contract we expect you to send or return the goods to us without undue delay and in any event no later than 14 days after the day on which you inform us of your withdrawal from this contract.

The deadline is considered to be met if you send the goods back to us before the expiry of the 14-day period. For contracts for the provision of services – If you have requested that the provision of services commence during the cancellation period, you will pay us an amount that is proportionate to what has been provided up to the time you have notified us that you are exercising your right to cancel this contract , relative to the total amount under the contract.

Instructions for filling:

1. Fill in one of the following texts in quotation marks:

  • a) in the case of service contracts or for the supply of water, gas or electricity, when they are not offered for sale, packaged in a limited volume or in a specified quantity, for central heating or for digital content that is not supplied on a physical medium: “the date on which the contract was concluded.”;
  • b) in the case of a contract of sale: “the date on which you or a third party, other than the carrier and indicated by you, took possession of the goods.”;
  • c) in the case of a contract according to which the user orders many goods with one order, which are delivered separately: “the date on which you or a third party, other than the carrier and indicated by you, took possession of the last goods.”;
  • d) in the case of a contract under which goods are delivered that consist of multiple lots or parts: “the date on which you or a third party, other than the carrier and indicated by you, took possession of the last lot or part.”;
  • e) in the case of a contract for the regular delivery of goods over a certain period of time: “the date on which you or a third party, other than the carrier and indicated by you, took possession of the first goods.”

2. Fill in your name, geographic address and, if you have them, telephone number, fax and e-mail address.

3. If you enable the user to electronically complete and submit information about his withdrawal from the contract on your website, complete the following:

“You may also complete and submit electronically the standard opt-out form or other unambiguous opt-out application on our website (add web address). If you use this option, we will immediately send you in a durable medium (e.g. e-mail) a message confirming receipt of the opt-out.’

4. For a sales contract in which you did not offer to collect the goods in case of refusal, fill in the following:

“We have the right to delay refunds until we receive the goods back or until you provide us with evidence that you have sent the goods back, whichever is earlier.”

5. If the consumer has received goods in connection with the contract:

  • – “We will collect the goods”, or

    – “We expect you to send or return the goods to us or to…. (add the name and geographical address, where applicable, of the person authorized by you to receive the goods) without undue delay and in any event no later than 14 days after the day on which you inform us of your withdrawal from this contract.
  • – “We bear the costs of returning the goods.”;

    – “You must bear the direct costs of returning the goods.”;
  • – “You will have to bear the direct costs of returning the goods BGN ______ (add the amount).”
  • – “You must bear the direct costs of returning the goods. The costs are expected not to exceed approximately BGN ______ (add the amount).”
  • – “We will collect the goods at our expense.”
  • – “You are solely responsible for any reduction in the value of the goods resulting from testing them other than as necessary to establish their nature, characteristics and proper functioning.”

6. In the contracts for the provision of services or for the supply of water, gas, electricity, when they are not offered for sale, packaged in a limited volume or in a certain quantity, or for central heating, add the following:

“If you have requested the provision of the Services or the supply of water/gas/electricity/central heating (strike out the unnecessary) to commence during the cancellation period, you will pay us an amount proportionate to what has been provided up to the time you notified that you are exercising your right of withdrawal from this contract, relative to the total amount under the contract.”