TERMS AND CONDITIONS REGULATING THE RELATIONSHIP BETWEEN BSH LTD. AND THE SUBSCRIBERS AND USERS OF THE SMARTSHARE SERVICE
This document contains the Terms and Conditions of the agreement for providing and using the “SmartShare” service (hereinafter referred to as “The Service”). The service is offered by BSH Ltd., registered under corporate case No.5721/2001 in the company registry of the Sofia Municipal Court with headquarters and management address in Sofia, 65, Shipchenski prohod Blvd., 5th fl., National Tax Registration No. 222 115 5206, BULSTAT 130 356 416, represented by its managing director Ianko Liubomirov Kostadinov, and regulates the relationship between BSH Ltd. and the subscribers and users of The Service.
Attention: BSH Ltd. will by no means tolerate any materials in discrepancy with the acting Bulgarian legislation and any applicable foreign law. BSH Ltd. is not obliged and has no technical capacity to control the materials deployed on its servers upon use of the service. Upon the eventual receipt of a signal for the publication of materials on a BSH Ltd. server, which violate the law or the Internet Code of Conduct or these binding Terms and Conditions, and upon receipt of confirmation for such violation after checking the signal, access to the service with such content will be immediately halted without prior warning, heeding to the requirements of these Terms and Conditions and will be referred to the competent state institutions.
I. GENERAL PROVISIONS
Definitions
Art. 1. Upon the interpretation and application of these Terms and Conditions, the words and phrases set forth below will carry the following meaning:
(1) BSH Ltd. (hereinafter referred to as the PROVIDER) is the company, registered under corporate case No. 5721/2001 in the registry of the Sofia Municipal Court, with headquarters and management address in Sofia, 65, Shipchenski prohod Blvd., 5th fl., offering the Service – subject to the current agreement;
(2) A “SUBSCRIBER” is any individual, who has created a valid client profile and has subscribed to using the Service, subject to these Terms and Conditions;
(3) A "USER" is any individual, authorized by the SUBSCRIBER/one’s employee or any individual, to whom the SUBSCRIBER has granted access for using the Service;
(4) "Acts of Malice" are actions or inactions, which qualify as a crime or an administrative violation under the Bulgarian legislation or the applicable law of another country, as well as actions or inactions, which infringe on the Internet Code of Conduct, common morale or incur damages to people connected to Internet or associated networks;
A (5) "Web site" ” is a special place in the global World Wide Web, accessible through its Unique Resource Locator (URL) via an HTTP or HTTPS protocol, containing files, programs, text, sound, pictures, images, hyperlinks or other materials and resources;
An (6) "Internet page" is a compound or individual part of a Web Site;
An (7) "IP address" is a unique identification number, associating a device, Internet Page or a user resource in a way that permits their localization in the global Internet network;
A (8) “Server” is a device or a system of connected devices, on which or on one of which is installed system software for implementation of tasks. These tasks may be saving, processing, receipt or transfer of information;
(9) “Microsoft Windows Server 2003, Standard Edition” is a software product – system software, copyright of Microsoft Corp. (Microsoft), which is installed on the server and ensures the server’s functioning and the implementation of tasks;
(10) ”POP3” is a communication protocol, which sequences the sending and receiving of e-mail, between an e-mail client (Outlook Express, MS Outlook, etc.) and an e-mail server;
A (11) “Hyperlink” is a URL encoded and visualized on the corresponding Internet page. It facilitates the redirection to other Internet pages on the same Web Site or to other Web Sites and resources on the World Wide Web by clicking on it;
The (12) “Client profile of the SUBSCRIBER” contains information about the SUBSCRIBER, provided during the subscription process upon signing the agreement and stored on the PROVIDER's server. Only the SUBSCRIBER and the PROVIDER have access to the client profile. Access by the SUBSCRIBER is implemented through a login User Name and Password;
An (13) “Information system” is a device or a system of connected devices, which or one of which is intended to reproduce, store, send or receive digital documentation or other types of data.
Agreement with the Terms and Conditions
Art. 2. (1) By clicking on the “I agree with the Terms and Conditions” checkbox, the new Subscriber makes a digital statement, personal or through an appointed representative, in compliance with the Electronic Document and Electronic Signature Law (EDESL), with which one declares that one is aware of the current Terms and Conditions, accepts them and obliges to abide them. Saving this agreement on the corresponding carrier of the PROVIDER's server through the generally accepted transfer standard, by technical means that allow its reproduction, the electronic statement attains the capacity of an electronic document, which is fully legal under the quoted law. The PROVIDER saves in special files (log files) on its servers the IP addresses of the SUBSCRIBER and those of each authorized USER as well as any other information, needed to identify the USER and the SUBSCRIBER, and reproduce this electronic statement for the adoption of the Terms and Conditions in case a juridical debate arises.
(2) From the moment a SUBSCRIBER agrees with the Terms and Conditions and completes the subscription process, the agreement between the SUBSCRIBER and the PROVIDER is considered signed and immediately thereafter enforced.
(3) With the first-time use of the Service each USER authorized by the SUBSCRIBER agrees with the Terms and Conditions and obliges to abide them.
Terms and Conditions Amendments
Art. 3. (1) The PROVIDER, in its sole discretion, may modify the current Terms and Conditions. In such cases, the PROVIDER is obliged to notify the SUBSCRIBER and the USERS, via e-mail to the provided upon the subscription e-mail address and to publish an announcement at a notable place on its Web Page, the content of the changes to the Terms and Conditions, and gives them ample time to get acquainted with them.
(2) If within the timeframe specified in the previous paragraph, the SUBSCRIBER or the USER does not expressly state a refusal to accept the changes, one will be considered bound to them. Otherwise, the PROVIDER has the right to immediately halt or terminate offering the Service to that the SUBSCRIBER or the USER who does not agree, which will automatically mean termination of the agreement with respect to that person.
Subject of Agreement
Art. 4. (1) SmartShare is a service, offered by the PROVIDER, which allows the SUBSCRIBER to create one’s own team Web site, based on Microsoft Windows Sharepoint Services on the PROVIDER's server with an installed Microsoft Server 2003, Standard Edition software. This service will allow the SUBSCRIBER to create an individual online team collaboration space, which will be used for the exchange of information, data, documents, text, presentations, sound, files, software, music, photos, graphs, video or audio-materials, announcements, as well as other materials, exchange of experience, participation in discussions, management of activities and projects, and which ensures better team collaboration.
(2) According to the conditions of the service supplied by the PROVIDER, the SUBSCRIBER may upload one’s information on a PROVIDER's server in the following URL format http://username.smartshare.net and in the volume, specified in the selected subscription plan.
Art. 5. The PROVIDER offers to the SUBSCRIBER the service, subject to these Terms and Conditions at a monthly/yearly subscription fee, upon strict observance by the latter of the set forth below requirements.
Art. 6. The provision of the Service and the access to resources do not encompass the provision of computer equipment and connection for transfer of information packages between the SUBSCRIBER and the PROVIDER's server, necessary for the physical access to the resources of the system. The PROVIDER is not responsible for the SUBSCRIBER's SUBSCRIBER’s inability to access the Web-based data due to problems beyond the control of the PROVIDER (hardware, software problems, problem with the Internet connection, etc.).
Subscription to SmartShare. Agreement time-span
Art. 7. (1) To get advantage of the PROVIDER’s Service, the SUBSCRIBER is obliged to subscribe in advance by filling out the corresponding accessible in real-time online subscription form and to agree to the current Terms and Conditions. During this process, the SUBSCRIBER may opt to get a free trial access (Trial Plan) to the PROVIDER’s Service for 1 /one/ month. This trial period allows the SUBSCRIBER to get acquainted with the Service, while the disk storage volume and the number of USERS are restricted in compliance with the tariff of the free Trial Plan of the PROVIDER. After the subscription process is completed and during the 30-day trial period till its expiration, the SUBSCRIBER may pay for the use of the service for a definite period of time (subscription period) according to the subscription plans of the PROVIDER .
(2) The agreement is considered valid starting from the date, designated in Art. 2, Par. 2 until the expiration of the trial access or the prepaid subscription period. If until the expiration of the agreement the SUBSCRIBER pays for a new subscription period, the agreement will be continued.
Art. 8. (1) Upon completion of the subscription form, the SUBSCRIBER is obliged to offer complete and authentic data regarding one’s identity (for a natural person), one’s legal status (for a body corporate) or other required in the PROVIDER’s subscription form data, as well as update them within seven days from their modification. The SUBSCRIBER guarantees that the data, filled in during the subscription process, are true, complete and accurate and upon any change of the latter – will be updated accordingly. In cases when the SUBSCRIBER offers false data, the PROVIDER has the right to terminate or halt immediately and without prior warning the provision of the service, as well as the technical support of the SUBSCRIBER.
(2) For the complete and unrestricted use of the service, except filling out the subscription form, the SUBSCRIBER has to pay a subscription fee corresponding to one of the indicated by the PROVIDER subscription plans.
Username and password. Authorization of users
Art. 9. (1) Upon subscription, the SUBSCRIBER chooses a User Name and indicates a valid e-mail address, on which the PROVIDER sends the password for access to the Service. With this password, the SUBSCRIBER can add USERS with access to the service complying with the users quota of the chosen subscription plan. At the designated by the SUBSCRIBER e-mail address, USERS receive their Username and Password for access. This e-mail contains an attached file or hyperlink to an Internet page, on which the current Terms and Conditions are located, under the provision that upon first-time entry to the system and use of the Service, the USER agrees to these Terms and Conditions.
(2) The PROVIDER does not check and is not responsible for the authenticity of the User Name of the SUBSCRIBER or the USER in its part whether this concerns rights to third parties, and in particular, right to a User Name and other personal rights, right for a corporate name (company), copyrights to a trademark or other intellectual property rights.
(3) Depending on the various administrative rights and levels of access, USERS are assigned the following roles:
a) READER – with limited access to the Service and is unable to exchange information, data, documentation, text, presentations, sound, files, software, music, photos, graphs, video or audio materials, announcements, as well as any other materials, exchange of experience, participation in discussions, management of activities and projects;
b) CONTRIBUTOR – with limited access to the Service, able to exchange information, data, documentation, text, presentations, sound, files, software, music, photos, graphs, video- or audio-materials, announcements, as well as other materials, exchange of experience, participation in discussions, management of activities and projects;
c) WEB DESIGNER – with full access to the Service, able to directly edit the graphic and system management of the Web-based data, documents, text, presentations, sound, files, software, music, photos, graphs, video- or audio-materials, announcements, as well as all other materials created by the SUBSCRIBER.
d) ADMINISTRATOR – with full access to the Service in full control of the team Web site as well as its sub-sites. Usually the SUBSCRIBER is the administrator of a Web site, but one can also assign administrator rights to one or more USERS.
(4) The SUBSCRIBER and the USERS carry full responsibility for protecting their User Names and Passwords, as well as for all actions, carried out by them or a third party through the use of User Names and Passwords.
(5) The SUBSCRIBER and the USERS are entitled to take due care and take the necessary reasonably inferred measures to protect their User Name and Password.
(6) The SUBSCRIBER and the USERS are obliged not to concede to third parties their password and should immediately notify the PROVIDER in cases of illegal access and upon suspicion of such.
Prices and Payment Methods
Art. 10. (1) The prices for access to the paid Service are published on the PROVIDER’s Web site at the following Web address: http://www.smartshare.net/en/prices/default.htm and may be updated by the PROVIDER. Any subsequent changes to these prices do not carry corresponding changes to the rights of a SUBSCRIBER, who has already paid to use the Service for a certain period of time (subscription period).
(2) The SUBSCRIBER may pay the price for the service following any of the methods indicated on the Web site at the following URL: http://www.smartshare.net/en/prices/default.htm.
II. RIGHTS AND OBLIGATIONS
Rights and Obligations of the SUBSCRIBER
Art. 11. The SUBSCRIBER has the right, in one’s own discretion, to terminate the use of the PROVIDER’s services at any time, as well as to delete all materials and resources, located on the PROVIDER’s server.
Art. 12.(1) The SUBSCRIBER and each authorized USER are obliged, upon use of the offered by the PROVIDER’s service not to load, locate on the PROVIDER's server, send or use in any way or to offer to third parties information, data, text, sound, files, software, music, photos, graphs, video- or audio-materials, announcements, as well as all other materials that:
a) violate the Bulgarian legislation, applicable foreign law, the current Terms and Conditions, the Internet Code of Conduct;
b) intimidate the life or inviolability of the person;
c) proclaim discrimination, based on gender, race, educational background, age or religion; preaching fascist, racist or other non-democratic ideology;
d) contain pornographic content or any other content, which is in violation of the morale and good-will behavior, including child pornography or sexual harassment;
e) contain content violating the rights and freedoms of the person according to the Constitution and the laws of the Republic of Bulgaria or international acts, to which the Republic of Bulgaria is a party;
f) contain classified information, information that constitutes commercial or production secret or personal data of third parties or other protected by the law information;
g) are subject to intellectual property rights, except for the cases of possession of this right or the consent of its carrier;
h) infringe all property or non-property rights or legal interests of third parties;
i) violate the good name of another person and cater to coercive change of the constitutional status quo, induce to a crime, violence to the person or to instigation or racial, national, ethnic or religious enmity;
(2) The SUBSCRIBER and each USER are obliged not to build or locate on the server of the PROVIDER hyperlinks to Internet pages or resources that contain content, such as the one listed in the previous paragraphs;
(3) The SUBSCRIBER and each USER are obliged to keep copies to all materials such as files, HTML files, scripts, servelets, computer programs and others on the located on it server of the PROVIDER.
(4) The SUBSCRIBER and each authorized USER are obliged not to violate Microsoft’s trademarks and the objects of intellectual property, in connection with the service that is the subject of the Terms and Conditions.
Art. 13. The SUBSCRIBER and each authorized USER are entitled while using the PROVIDER’s Service:
1. not to perform acts of malice, as defined in Art. 1, Par. 4 and not to incite behavior, which would constitute a crime, would lead to civic accountability or in any other means would infringe the law. Without exhaustive enumeration, this includes obligations of the SUBSCRIBER and the USER, upon use of the offered service, not to load, locate on the server of the PROVIDER, distribute, allow use to third parties or use in any way computer programs, files, applications or other materials or information, containing computer viruses, systems for unauthorized distant control and tracking of alien information, computer codes, information or materials intended to halt, encumber, violate or limit the normal functioning of hardware or software, or the telecommunication facilities or aiming at unauthorized penetration, installment or access into foreign resources or software, as well as not to locate hyperlinks on Internet pages and resources with the abovementioned content;
2. to notify immediately the PROVIDER about any cases of committed or detected violation upon use of the offered services;
3. not to feign another person’s identity or act as a representative of a body corporate or a group of people without being authorized for representation, or in any other ways to mislead third parties on his identity or affiliation to a certain group of people;
4. not to interfere, with or without intent, in the normal functioning of the system - including but not exclusively – the identification procedure, not to implement access beyond the delegated one, not to infringe or encumber the availability, reliability or the quality of service with regard to other users, not to use the service in a way, causing denial of service, as well as not to use carelessly shared server resources;
5. not to save files with a modified extension (extensions that do not correspond to the file content), as well as not to enter or install files, which might cause a problem to the security of the server and the located on it data;
6. to avoid file duplication, while before publication of the file, one should check whether the same is not already posted on the PROVIDER's server;
7. not to post on the server materials, inappropriate for use by individuals below 18 years of age. In case one wishes to post materials, which do not violate the law or the applicable legislation, but despite that may reasonably be considered as inappropriate for individuals below 18 years of age, the SUBSCRIBER should obligatorily prepare one’s materials in such a way that third parties – visitors to the service, before accessing them, should open an Internet page, which should warn and inform them of the page’s content;
8. upon detection of damaged files, to remove them from the PROVIDER’s server in due time;
9. not to use methods leading to mandatory load of undesired by the remaining users content (pop-ups, blind links, etc.);
10. not to limit or infringe any USER in one’s authorized use of the allowed Internet resources.
Art. 14. (1) Upon use of the Service and the software product, the SUBSCRIBER and the authorized USERS do not have the right to remove, modify or impede the visualization of the signs for copyright, trademark or other intellectual property rights, possessed by Microsoft or third parties.
(2) Upon use of the service of the system software, the SUBSCRIBER and the authorized USERS do not have the right to modify the program code from one form to another, to process or decompile the software product, unless to the extent, explicitly provisioned by the applicable law.
Art. 15. (1) The SUBSCRIBER is responsible for each action or inaction of the USERS, whom one has authorized, with regards to the PROVIDER, the Service, the other subscribers, as well as each third party harmed by a USER.
(2) The SUBSCRIBER has no right to delegate the provided by the PROVIDER storage to third persons, except in cases regulated by the current Terms and Conditions. Otherwise, the SUBSCRIBER carries full responsibility for the actions of these third parties, according to the current Terms and Conditions.
Rights and Obligations of the PROVIDER. Limitation of Liability
Art. 16. (1) The PROVIDER is obliged to take due care for the provision to the SUBSCRIBER the opportunity to normally use the Service, subject to these Terms and Conditions. The service support is delivered by the PROVIDER and Microsoft has no support obligations or responsibility to the SUBSCRIBER.
(2) The PROVIDER is not obliged and has no reasonable capacity to control the way, in which the SUBSCRIBER and the authorized USER consume the offered service.
(3) The PROVIDER is not obliged and has no reasonable capacity to control, check, track or record the information, hyperlinks, data, text, sound, software, music, photos, graphs, video materials, announcements or other materials, which the SUBSCRIBER or the USER posts, locates on the server of the PROVIDER, uses, distributes and makes available to third parties in all possible ways.
(4) Upon adoption of these Terms and Conditions, the SUBSCRIBER and the USER declare that the use of the offered service will be to their risk and responsibility. The PROVIDER and Microsoft are not responsible for damages, potentially inflicted onto a SUBSCRIBER or a USER upon of the offered service, except in cases when they are intentionally inflicted by the PROVIDER or Microsoft.
Limitation of Liability
Art. 17. (1) The PROVIDER and Microsoft do not carry responsibility for the non-provision of the service due to circumstances beyond their control –force-majeure circumstances, accidental events, problems with the World Wide Web, and in the provision of services beyond the control of the PROVIDER, as well as in cases of unregulated access or intervention of third parties in the functioning of the information system or the server of the PROVIDER.
(2) With the adoption of these Terms and Conditions, the SUBSCRIBER declares that one realizes the possibility of incapacity for access to the storage or for potential halts, delay, damage to the hardware or software, as well as other difficulties in the implementation of the Internet connection to the server of the PROVIDER, which may emerge regardless of the efforts of the PROVIDER. With this agreement, the SUBSCRIBER declares that one will not claim any reimbursement by the PROVIDER or Microsoft for forfeited benefit, damages or inconveniences, which have been the result of the indicated in the previous sentence halts or difficulties of the Internet connection, including those in connection of the capacity of this connection.
Temporal Sanctions. Deletion of Materials
Art. 18. (1) The PROVIDER has the right immediately and without prior notice to halt the offered to the SUBSCRIBER service, when the latter has used it in violation of the law, the current Terms and Conditions, the Internet Code of Conduct or other applicable norms. This right is exercised through termination or restriction of access to User Names and Passwords, halt of access to located on the server of the PROVIDER client profile of the SUBSCRIBER, services, resources, etc.
(2) In the above mentioned cases, the PROVIDER does not carry responsibility to damages and forfeited benefits that have occurred as a consequence of the halt, modification or restriction of the services, deletion, modification, loss, unauthenticity, inaccuracy or incomplete announcements, materials or information, transferred, used, saved or made accessible through the PROVIDER.
(3) When the act of the SUBSCRIBER or the authorized USER can be qualified as a crime, the PROVIDER refers to the competent state institutions, by presenting all necessary information and materials, which might assist in the identification of the perpetrator and prove the committed crime.
Art. 19. (1) In the above mentioned cases, the PROVIDER notifies the SUBSCRIBER as soon as possible about the undertaken measures and gives the SUBSCRIBER the opportunity to justify one’s actions, except in cases when the act can be qualified as a crime (for example, publication of materials containing child pornography, materials with fascist or other anti-democratic content, materials calling for crime, etc. when – aiming to protect the evidence, only the competent state institutions are notified). If the undertaken measures prove ungrounded, the SUBSCRIBER restores the access to the Service in full. In case of lack of explanation on behalf of the SUBSCRIBER within a 15 (fifteen) days, the PROVIDER may halt the provision of the Service and break the agreement unilaterally without any prior warning.
(2) In cases when, despite the provided explanations and motives, the SUBSCRIBER or the USER continues to violate the above stated rules and laws – within a 15-day period, starting from the moment of imposing the temporal sanctions, the PROVIDER may halt the provision of the Service and break the agreement unilaterally without any prior warning.
Indemnity
Art. 20. (1) The SUBSCRIBER is obliged to compensate the PROVIDER and all third parties for all incurred damages and forfeited benefits, including paid fees for all costs and legal expenses that have been the consequence of legal action from and/or paid damages to third parties in connection to materials, which the SUBSCRIBER has located on the server of the PROVIDER, distributed and made available to third parties and has made accessible for use of the offered by the PROVIDER’s service in violation of the Bulgarian legislation, applicable foreign laws, the current Terms and Conditions, good will or Internet Code of Conduct.
(2) The PROVIDER may claim damages for all harm, caused by the use of the service in a way contradicting Art. 13 (1).
(3) Disregarding the above mentioned, the SUBSCRIBER is obliged to indemnify the PROVIDER for all damages, caused as a result of the use of the offered services to third persons, to which the latter has given their password.
III. TERMINATION AND CANCELLATION OF THE AGREEMENT
Termination
Art. 21. (1) The agreement between the parties is terminated whenever any of the following circumstances occur:
1. Termination of PROVIDER’s activity;
2. Refusal by the SUBSCRIBER, made personally to the management address of the PROVIDER within seven days since subscription completion or payment of the respective subscription plan. In this case, the termination has a reverse action;
3. Mutual agreement of the parties to terminate the agreement.
(2) The agreement between the parties is terminated upon its expiry.
(3) The PROVIDER has the right to unilaterally terminate the agreement with the SUBSCRIBER in case of mal-performance of any obligation by the latter in accordance with the Terms and Conditions of this agreement.
(4) The PROVIDER has the right to unilaterally, without prior warning, to terminate the agreement with the SUBSCRIBER in cases of non-execution of one’s obligations under Art. 13 (1).
(5) The PROVIDER has the right unilaterally, without prior warning to terminate the agreement with the SUBSCRIBER in cases of violation of one’s obligations under Art. 14.
Art. 22. The PROVIDER retains the right to erase the materials of the SUBSCRIBER, located on the server of the PROVIDER, as well as one’s User Name and Password, after the expiry 30 /thirty/ days from the termination of the agreement.
Cancellation of the Agreement
Art. 23. Except for the cases mentioned above, each of the agreement parties may cancel the agreement after sending a three-day notice to the other party, in case of intentional non-performance of its obligations under this agreement.
IV. PRIVACY POLICY
Processing information about the SUBSCRIBER and the USER.
Art. 24. (1) The PROVIDER takes due care and is responsible for the protection of any SUBSCRIBER information that has been made available with regard to the provision of the service – the subject of these Terms and Conditions – except in the cases of insurmountable power, accidental event or malignant actions by third parties.
(2) In the subscription form, completed by the SUBSCRIBER upon signing the agreement, the PROVIDER clearly states the mandatory or voluntary character of data provision and the consequences following the refusal to deliver it. By adopting the present Terms and Conditions, the SUBSCRIBER agrees that the personal information will be processed in the envisaged order.
Purposes, for Which the Information May Be Used
Art. 25. The PROVIDER collects and uses the information, described in the previous paragraph to adjust the Service to the preferences of the SUBSCRIBER, to offer information and services, which most probably might be of interest to the SUBSCRIBER, as well as to employ maximum effort to respond to the needs of the SUBSCRIBER in connection with the offered service.
Information Disclosure
Art. 26. (1) The PROVIDER obliges not to track, edit or disclose any personal or corporate information about the SUBSCRIBER or the USER or for the use of the service and not to deliver the collected information to third parties – state institutions, commercial entities, physical persons and others, except in the cases when:
1. upon subscription or at a later date, the SUBSCRIBER has authorized the PROVIDER to do so;
2. state institutions or official persons, who are authorized by the incumbent legislation to request and collect such information by abiding to the legally stated procedures, have requested this information;
3. other cases indicated by the law.
Right of access
Art. 27. The USER is entitled to access, through one’s unique User Name and Password, the collected upon subscription information, stored in the client profile. The USER is authorized to correct this information upon abiding the requirements of Art. 7 of the current Terms and Conditions.
V. OTHER PROVISIONS
Written Form
Art. 28 (1) The envisaged in the agreement and the present Terms and Conditions written statements and announcements are considered legally implemented, if they are made in a telegram with a receipt, a registered letter, fax message, e-mail, clicking of a button on the PROVIDER’s Web Site, etc., if the statement is technically written in a way, which may be reproduced.
(2) Upon adoption of the present Terms and Conditions and signing of the agreement, the parties agree to consider their electronic statements as received with their receipt in the designated by the receiver information system (the information system, which manages the indicated by the parties electronic mailbox), without any necessary confirmation. When the PROVIDER is the recipient of the statement, then the moment of reception of the statement in the indicated by the recipient information system is considered the moment of its reception in the POP3 servers of the PROVIDER. When the SUBSCRIBER is the recipient of the statement, then the moment of reception of the statement in the indicated by the recipient information system is considered its reception in the indicated upon subscription electronic mailbox, located on a server within the framework of the corresponding domain addressing the mailbox.
(3) Whenever the SUBSCRIBER indicates an invalid mailbox, then the statement will be considered received at the moment when the PROVIDER sends the statement, even if it were not received.
Invalidity
Art. 29. The parties declare that in cases when any of the clauses, comprising the current Terms and Conditions proves invalid, this will not lead to invalidity of the whole agreement, any of its parts or other clauses. The invalid clause will be replaced by the acting norms of the law or by practice based on precedence.
Applicable Law. Decision of Arguments
Art. 30. (1) All unregulated by the current agreement issues will be decided upon the regulations of the acting legislation of the Republic of Bulgaria.
(2) All arguments between the parties will be resolved in the spirit of understanding and good will. In cases when no agreement is reached, all unsolved arguments, arising from the agreement between the parties or related to it, including arguments arising or relating to its interpretation, invalidity, implementation or termination, as well as arguments referring to omitted parts in the agreement or its adaptation to newly-arising circumstances will be referred to the Court of Appeals to the Bulgarian Chamber of Commerce and Industry according to its procedural rules. The incumbent general terms are adopted with an Order of the Managing Director of BSH Ltd., dated May 25, 2004. Enforced on May 25, 2004.