TERMS AND CONDITIONS FOR USING THE SERVICES OFFERED BY THE PROVIDER
MOBICA LTD (Hereinafter referred to as PROVIDER), UIC 201937622, headquarters and registered office: Sofia, 10 Cherni Lom Str., website www.mobica.bg (hereinafter referred to as site or website). All text, graphics and video materials posted on the site are owned by the PROVIDER Ltd unless otherwise is stated.
All elements of the Site of the PROVIDER, including design, database, text, drawings, graphs, drafts and other information or items located outside from consumers and advertisers, are copyrighted under the Law on Copyright and Related Rights, and are owned by the PROVIDER. It is allowed the publication of text materials only after written consent of the PROVIDER, indications of the source and adding a link to the site. The inclusion of links to the site is free, but we will be grateful if you inform us. Using of graphic and video materials published in this site is strictly forbidden without the preliminarily consent of the PROVIDER.
I. TERMS AND DEFINITIONS
"User of services" "user of SMS service" or "User" means any natural or legal person with whom the PROVIDER contracts to provide the services offered on this website. In case of difficulty in identifying the user or dispute, the PROVIDER has the right to consider for user: the person whose data are registered on the site, and / or person who is holding the electronic address from which the correspondence is led, and / or person which has issued the tax invoice; and / or the person who has paid the service to the PROVIDER, and / or the person on whose behalf the service is paid and / or person who makes the book-keeping payment and / or any other person that the PROVIDER considers in view of the specific facts. In case of having more than one person, they are considered as jointly liability to the the PROVIDER.
Visitor of the site is any person who examines the contents of the site.
Service or SMS services, according to these Terms is: providing of the technical capability from the PROVIDER to receive SMS messages from the clients of the USER - addressees.
Addressees of SMS service - holders of explicitly indicated from the USER mobile phone numbers to whom, through SMS service, are sent SMS messages.
Short Message Service(s) (SMS) - are text messages, which are sent via the mobile telecommunications network and received via mobile phones.
Website / Site is a special place in the global Internet network, accessible through its unique address (URL) to a protocol HTTP, HTTPS or other standardized protocol and containing files, programs, text, sound, picture, image or other materials and resources.
Malicious and incorrect actions are - the actions or inactions, violating the Internet etiquette or causing damages to people who are connected to the Internet or associated networks, sending unsolicited emails (SPAM, JUNK MAIL); channel flooding (FLOOD); gaining access to resources with someone else's rights and passwords using the shortcomings in the systems for personal gain or to obtain information (HACK), performing actions that can be qualified as industrial espionage or sabotage, or virus installation or remote control systems, disturbing the normal operation to the other users of Internet and associated networks; performing of any actions that might qualify as a crime or administrative violation under the Bulgarian law or the law of another country.
Internet page, according to these Terms means: integral and distinct part of the website.
"Accidental event" is an unforeseen or unforeseeable (at the time of conclusion of the contract) circumstance of extraordinary character, which makes the providing of the services objectively impossible.
2.1. By accepting these Terms and Conditions of the site, the visitors and the Users express their consent to use their technology necessary identification information which the site automatically collects. In addition, by accepting these Terms, the User agrees to provide to the Provider (including after contract) any information requested by the latter which is necessary to provide the service, administration and other services.
2.2. By accepting these Terms and Conditions the User gives his preliminarily agreement to the Provider to store, process and use the provided information.
2.3. The use of "cookies" as identification when visiting the sites is a small amount of information which the Web server sends to the web browser and allows the server to collect feedback from your browser. More information about the use of "cookies" can be found http://www.cookiecentral.com.
III. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Provider has the right to change the design, the form, the technology and the services that the site provides without prior notice to the user about that.
3.2. Provider has the right to delete part of the offered services or to restrict access to them for all or certain users / visitors, at his own discretion.
3.3. The Provider has the right to remove, reduce and / or terminate the information about any User / visitor (without right to reconsider), in case that there is - a breach of the contract,malicious actions and other incompatible with morality and good business practice actions.
3.4. The Provider has the right to look for responsibility and sanctions related to his services if he receives notification for a breach in the site from the approval authorities of the Bulgarian legislation or in cases where a user violates the contract, performs malicious actions, makes indecent comments and / or performs other incompatible with morality and good business practice action.
3.5. The Provider is obliged to notify the authorities about any breach of the norms of the public morality and the Bulgarian legislation, including: the declaring for sending pornographic material, insults, unsolicited advertisement, infringement of the copyright and related rights, violation of freedom and individual rights, discrimination, endangering life or public health and the users of the websites.
3.6. The Provider has the right to generate and send newsletters to the email, set by the User / Visitor, with synthesized information about the novelties, which are published on the site of the Provider.
3.7. By accepting these Terms and Conditions the Provider obtains the right to send messages to the user within the meaning of Art. 6 of the Law on Electronic commerce by providing a clear and unambiguous identification of the commercial message as unsolicited.
3.8. The Provider is obliged to provide the User in a clear and unambiguous manner the opportunity to refuse to receive the messages under 3.6 and 3.7.
3.9. The user has the right to specify an email address where he wants to receive newsletters with synthesized information about the novelties which are published on the site of the Provider.
3.10. The user has the right to refuse receiving the messages under 3.6 and 3.7., through methods secured by the Provider.
3.11. By accepting these Terms and Conditions The user represents and warrants that the addressees of the SMS service, to whom he sends SMS messages using the SMS service , previously are given their consent to receive these messages.
3.12. By accepting these Terms and Conditions the User represents and warrants that the content of the SMS messages, which are sent through the Service, does not violate any laws and regulations, other legal provisions, guaranteed rights and interests of third parties and others.
IV. LIMITATION OF LIABILITY
4.1 The Provider is not obliged to any interference or technical problems due to accidental events, irresistible force, temporary interruptions (regardless of the reason) and such interference or technical problems related to the use of the services due to operation of the computer equipment by the User (hardware or software problem, a problem with Internet connectivity, etc.).
4.2 The Provider is not responsible for damages incurred by the User through the use of the SMS service, including, but not only, the Provider is not responsible for the content of the SMS, the number of sent SMS, the relations between the User and the addressees, etc.
4.3 The User is obliged to compensate the Provider with the full amount if - in result of the sent SMS messages and because of their content, number or other characteristics, or because it appears that they are sent to the addressee without his agreement or he does not want to receive such messages, the responsibility of the Provider is involved from the any third party, including governmental body. In such cases, the User is obliged to pay to the Provider (at first request) the amounts that the latter should pay to third parties on the basis of a contract or on the strength of the law, including, but not only - penalties, damages, interest, fines and any other payments. In addition, the User is obliged to pay to the Provider all of the additional costs - court costs, lawyers's fees and etc. The User is also obliged to provide full and immediate assistance to settle the relations with the third parties, including to submit to the Provider all of the requested documents and information.
4.4 The Provider is not responsible for the malicious and incorrect actions by third parties.
4.5 The Provider is not responsible in case of claims by a third party concerning unauthorized use by the User of trademarks, industrial designs, patents, utility models and copyrights.
V. ACTION, PUBLISHING AND CHANGE OF THE TERMS AND CONDITIONS
5.1. Links to the Terms and Conditions are located in a customary manner - at the bottom of the Provider's site.
5.2. By submitting an order from a user and receiving a response for loading, regardless of geographic location of the User / visitor of the site, including indirect loading by using a hyperlink ("an electronic reference" within the meaning of the Law on electronic commerce), banner and / or any other suitable way according to the used technology, to him from another website, the user / visitor of the site makes an electronic statement within the meaning of the Law for Electronic Document and Electronic Signature, which declares that he wants to use the services provided by the Provider and that he is familiar with these Terms and conditions, as in the relations between him and the User, they have the power of a contract, which must be observed.
5.3. The terms and conditions are in force for both parties from the performance of the electronic statement of the user / visitor of the site.
5.4. For amendments and / or additions to the Terms and Conditions, the Provider shall notify the User / visitor of the site in an appropriate manner about the amendments- as publishing, in a prominent place on his website, a notice about the amendments and / or additions to The terms and conditions and the text of the amendments, not later than 7 days before amendments and / or additions enter into force.
5.5. Terms and Conditions shall enter in force from the date their publication and their last update.
VI. TECHNOLOGY TO CONTRACT. PAYMENT OF THE PRICE.
6.1. Should be described step by step - when what pressure and what information is given. Acceptance, confirmation ... .. Correction of the order can be performed until confirmation of ... ... ... ... ... ... .. The contract can be concluded in two languages - Bulgarian and English.
6.2. The contract and the present Terms and conditions are kept on the Provider's server and are available as follows ... ... ... ... ... .. They are sent to the indicated by the User email address.
6.3. After the conclusion of the contract the system generates invoice which contains details about the price, payment method and others.
6.4 The amount under invoice has to be paid within a period of 7(seven) days. If there is a delay in payment, The Provider has the right to terminate (unilaterally) this contract. Incompletion of the requested services is considered as a refusal. The retained the 5 % represent a penalty in connection with the termination of the contract.
6.5. After receiving the price the system generates an Invoice which is sent to the indicated by the User email, as it is also available for print at the website.
6.6. The Provider has the right to requires (at any time) to be signed, the Contract and The Terms and Conditions, by the User in the presence of representative of the Provider. In case of delay by the User, The Provider has the right to suspend temporarily (until implement) the performance of the requested services.
6.7. In any suspected violations of 3.11. and 3.12. The Provider has the right to suspend the service to the specific User. The Provider resumes the service after the User unambiguously determines that there is no infringement.
6.8. The correspondence under the contract is fulfilled electronically, The e-mail address of the Provider is firstname.lastname@example.org and the e-mail of the User is expressly indicated in the contract. The correspondence can be fulfilled in writing to the addresses of the Provider (indicated at the beginning of the Terms and Conditions) and that of the User - indicated in the contract.
6.9. Prints from the Provider's server, and prints from the e-mail (in connection with sent e-mails) will be also considered as evidence in connection with the relevant facts and circumstances.
All the disputes arisen from and related to these Terms and Conditions, including the disputes arisen from and in connection with its interpretation, invalidity, fulfillment or termination as well as disputes for supplement of omitted clauses or adaptation to new circumstances shall be settled by the parties through negotiations. In case of failure to reach an agreement the disputes will be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce.