EN
GENERAL TERMS FOR ACCESS TO SERVICES PROVIDED BY EVROPING
1. General provisions
1.1. Under the current General terms herewith are regulated the relations between EVROPING LLC, entered in the Commercial Registry at the Bulgarian Registry Agency with UIC 207237210, with registered address and headquarters Bulgaria, Shumen, PC 9700, 15 Nantcho Popovitch str., hereinafter referred to as EVROPING, on one hand, and on the other, the users of the services provided by EVROPING, hereinafter referred to as Client/Clients.
1.2. The current General terms have a binding effect with regard to the relations between you as user of the services of EVROPING. Upon ordering a service, you declare that you are familiar with these general terms and you agree to comply with them.
1.3. EVROPING LLC publishes at https://max1.cloud a description of the main characteristics of each service, service price, as well as information for the payment options, service contract terms, as well as the terms for which the offers and prices shall remain binding (if applicable).
1.4. EVROPING is not liable for the completeness, precision and usefulness of the data, provided via our services, systems, network or internet.
1.5. The users of the website of EVROPING are obliged to use the latter in good will and to not cause problems with its functioning.
1.6. The website of EVROPING is for the purpose of providing information to the clietns of the company, but this information might not always be recent. Therefore EVROPING reserves the right to provide more recent information to its clients and is not liable for damages related to the content published on the website.
1.7. EVROPING reserves all rights of intellectual property over the content published at the website. Nothing within the website can be interpreted as consent for the use of its content or elements thereof to be used, copied, reproduced or provided for use by third parties.
1.8. The Client does not grant to EVROPING any rights with regard to owned by the former objects of intellectual property. EVROPING is obliged not to use such objects of intellectual property in its activity.
2. Order of service
2.1. Order for a specific service can be placed in one of the following ways:
2.1.1. By using the service order form at the website https://max1.cloud
- At the website in section ‘Services’ the client can fill an order form, indicating the preferred type of service, including any other parameters, which are subject to specification, if available (e.g. term, starting date, etc.) and enter his/her data with regard to the conclusion of the service contract (names, e-mail address).
- An confirmation e-mail for the conclusion of a contract with these general terms attached thereto shall be sent to the e-mail address indicated by the client.
- The client shall finish the order after reviewing the type, quantity and end price of all of the required services and marking his/her consent with the general terms, and declaring he/she has reviewed the Privacy policy, by pressing a virtual button ‘Order’.
- If the client does not agree to the general terms or the Privacy policy, it will be impossible for EVROPING to provide the required services, as well as successfully complete the order process. In such cases a service contract can be concluded only under the options provided for in p. 2.1.2. and 2.1.3. below.
- The service contract between the client and EVROPING is considered concluded from the moment the client receives the confirmation for successful order at the indicated e-mail address.
2.1.2. By filling an application for a specific service and sending it to the e-mail address or physically filing it at the address of EVROPING. The service order is considered successfully completed after EVROPING confirms it in writing, including by sending a confirmation via e-mail.
2.1.3. By concluding a service contract between the client and EVROPING after negotiations.
2.2. General means of communication with regard to the provision of services is the e-mail address indicated by the client. The client is responsible for presenting a valid e-mail address, accessible to the client. The client shall notify EVROPING in the event of change of the e-mail address. Until the receipt of a notification for a change in the e-mail address, all e-mails sent to the latter shall be considered received by the client.
2.3. The client can send all notifications, inquiries and other documents to EVROPING at the following e-mail addresses:
- Client service: contact@max1.cloud
- Technical supports: supprt@max1.cloud
- Abuse: abuse@max1.cloud
As well as at the following phone:
2.4. Regardless of the means for placing an order, after finalizing it between the client and EVROPING exists a valid service contract, an inseparable part of which are these general terms.
2.5. The client shall identify himself/herself before EVROPING via a password, which can be used only by the client. EVROPING is not liable for access to information/services by third parties, who know this password, regardless whether the client knows and has given consent for that or not.
2.6. Depending on the type of order, the client might indicate additional measures for identification in case of losing the password. In every other case the client shall be able to restore the password via the e-mail indicated under p. 2.2. of these general terms.
3. Right to cancel a distance contract
3.1.In case of concluding a distance contract, the client – consumer (natural person, who does not act in the sphere of its professional or commercial activity) has the right to cancel the former, without indicating the reasons within 45 days from the date of conclusion. The cancellation form can be found at the following address: https://max1.cloud/policy/EUROPING-consent-form-BG.doc
3.2. When concluding a distance contract, in order to exercise the right of cancellation the client must file via e-mail office@max1.cloud a standard cancellation form (Attachment 1) or send another unambiguous application to exercise the right of cancellation to EVROPING in the term indicated above, whereas the latter shall confirm immediately its receipt.
3.3. Upon exercise of the right of cancellation in the term and according the procedure described in the current p. 3, the client shall receive a refund of all payments no later than 14 days as of the date EVROPING was notified for the exercised right of cancellation, without the sums for the term, in which the client has used the service, including until the date of receipt of the notification by EVROPING.
3.4 Non-refundable payments::
3.4.1. Additionally ordered licenses related to hosting services (e.g.: cPanel license, LiteSpeed license, etc.).
3.4.2. Payments for registration, transfer or renewal of domains.
3.4.3. Payments for issuance or renewal of SSL certificates.
3.4.4. Installation fees for hosting services.
Any and all payments approved by EVROPING for refund shall be paid in the way they have been paid or in a way expressly negotiated with the client.
3.5. The right of cancellation under p. 3.1. shall not apply in the following cases:
3.5.1. for providing services, when the services is provided completely and the performance of the service has started with the prior express consent of the client and acknowledgment by the latter, that the right of cancellation shall be lost upon performance of the contract;
3.5.2. for services, the price of which depends from fluctuations on the financial markets, which cannot be controlled by EVROPING, and which can occur during the term for exercising the right of cancellation;
3.5.3. for services, which require the provision of digital content, which is not provided via physical data carrier, when the performance has started with the prior express consent of the client, who has confirmed that in this case the right of cancellation is forgone.
3.5.4. for services contracted through intermediaries and third parties. In these cases, the conditions described in the contract or the general conditions of the intermediary apply.
4. Payments
4.1 The providing of services begins after payment of the respective price. The client is obliged to pay the whole fee in full before EVROPING starts providing the service.
4.2 Payments are carried out on a fixed date of the month. Any delay of payment will lead to a 7 days’ notice under p. 6.1. and respective termination of service under p. 7.2.
4.3.Payments can be carried out via the following means: via bank card, via ePay, via bank transfer to the bank accounts of EVROPING, at an office of EVROPING in cash, in compliance with the rules for limiting the payments in case. .
4.4. The client shall be obliged to pay the provided hosing services every month, unless the services have been pre-paid for a longer term.
4.5. The client shall be obliged to consider the term, for which the hosting services are ordered, when filing the on-line order form.
4.6. EVROPING is not liable for the integrity of the information of any client, who has not paid the services on time, and as result the services have been suspended.
4.7. The client is obliged to pay any and all fees, that are due by him.
4.8. When the client required services, related to third parties – e.g. registration of domain, issuance of SSL certificates – the fees of the third parties are/are not included in the fee of EVROPING.
5. Termination of the service contract
5.1. The services provided by EVROPING shall be suspended and the contract shall be terminated in the following cases:
5.1.1. Upon expiry of the term of the service;
5.1.2. Upon mutual agreement between the parties, expressed in writing;
5.1.3. In the cases under p. 7.2. below;
5.1.4. In case for a specific term no term is agreed upon, the client can terminate the service at any time via the contact form at https://max1.cloud/submitticket.php. The service shall be considered terminated upon receipt of written confirmation on behalf of EVROPING at the client’s e-mail. In this case the client shall pay the due sums for the service until the moment of termination.
5.1.5. In case of systematic breach of these General terms.
5.1.6. If you cancel using a "Shared Hosting" or "WordPress Hosting" service, we will refund the full amount paid for the respective plan, minus the amount equal to the free domain.
5.2. EVROPING shall not be liable:
5.2.1. for damages caused by the client to third parties;
5.2.2. for damages suffered by the client, when EVROPING has provided the service in line with these general terms or the standards for the respective service;
5.2.3. in every case of non-provision or inaccurate/delayed provision of services, when it is due to non-provision or inaccurate/delayed provision of information by the client, as well as to breach of these general terms or rules and procedures, indicated in other documents, related to the said services;
5.2.4. for lost data, even if the data cannot be restored, as well as any other damages, which are not due to guilty actions of employees of EVROPING.
6. Suspension of service on grounds of breach of the obligation for payment of due sums
6.1. In case the client does not pay the fee for the service within the specified term, a notice shall be sent to the client, requiring payment within a term of 7 days, with the expiry of which the service shall be suspended.
6.2 EVROPING is not liable for the integrity of the data of any client, who has not paid the due fee for the service in the agreed upon term, and the service has been suspended.
7. Resumption of service after expiry of the initial term or in case of breach under p. 6
7.1. EVROPING suspends temporary the service, in case the client does not pay for the extension of its term within 7 days of the expiry of the initial term or in case of breach of contract under p. 6. above.
7.2. If payment is not received within 30 days from the suspension of service, the contract and service are terminated and the data is deleted without means for recovery under p. 12.
7.3. A deleted account can be reactivated after payment of the respective service for renewal of the specific service, whereas the account is activated without the old data of the client. The client’s data can be recovered from a back-up, if such exists.
7.4. A contract can be terminated without regard to the terms, provided here and in p. 6, if EVROPING has a legal or regulatory obligation to cease providing the services.
8. Changes in the general terms
8.1. Insofar the services provided by EVROPING are various and are subject to improvement, as well as with regard to possible legislative changes, the current general terms can be changed unilaterally by EVROPING.
8.2. Upon changes of the general terms, EVROPING shall notify the client for these changes by publishing them at the website www.max1.cloud/tos as well as by sending them to the e-mail address of the client within a 15 days’ term before the change. This term might not be observed, when the change to the general terms is necessary for observing a requirement, arising from the law of the Republic of Bulgaria or the EU, or is necessary for maintaining the service operational with regard to unforeseen circumstances.
8.3. If the client does not agree with the changes of the general terms, the client has the right to cancel the contract without owing any compensation or penalty, or to continue to perform his/her obligations as per the old general terms until the expiry of the term agreed upon or pre-paid at the moment of receiving the notification for the changes. In both cases the contract shall be automatically terminated upon receipt by EVROPING of the notification from the user under p. 8.4., unless EVROPING has explicitly stated in the updated general terms an option for continuing the contract under the general terms prior to the change.
8.4. The client exercises the right of cancellation under 8.3 by sending to EVROPING a written notification for cancellation within 1 month from receiving the notice under p. 8.2.
8.5. If within the term under 8.4. the client does not revoke the changes to the general terms, or assigns additional services to EVROPING, the client shall be deemed bound by them. The changes to the general terms bind the client, when the latter has been notified under p. 8.2. and has not exercised the rights under p. 8.3.
9. Partnership program
Upon signing up for the partnership program, each client agrees to the terms listed in this point.
9.1. All clients of EVROPING with active or expired services can benefit from the partnership program.
9.2. EVROPING reserves the right to change at any time the terms for approval, commission payments and the limit for drawing funds.
9.3. Commissions are charged when purchasing the following services
- Shared hosting
- WordPress hosting
- Reseller hosting
- Unmanaged Virtual servers
A condition for payment is EVROPING to conclude a contract with a newly attracted client, who has indicated the person recommending the services of EVROPING.
9.4. The term for approval of commission payment with regard to a recommended sale is 45 days from the date of payment. After the expiry of this term, the commission payment shall be available at the account of the client and can be used as per p. 9.5.
9.5. The commission payment can be used as debit of your client account for the purpose of order/activation of a new service or renewal of a current service. For adding the commission payment as debit, please turn to the sales department.
9.6. The amount of the commissions is specified in the commission contract.
9.7. EVROPING transfer the commission payment to the person indicated by the newly attracted client. If the newly attracted client has indicated incorrect details, EVROPING is not liable. EVROPING pays the commission payment to the last person indicated by the newly attracted client, including if the newly attracted client has been a client to EVROPING at a pervious time and has terminated contract.
10. Principal obligations of the client when using the services
10.1. The client cannot use the services of EVROPING for the actions listed below:
10.1.1. To break the law or assist third parties in breaking the law;
10.1.2. To threaten with or encourage acts of violence or destruction;
10.1.3. To insult third parties or employees of EVROPING;
10.1.4. To store viruses, unlicensed software, or anything that might disrupt the operation of other computers;
10.1.5. To break the terms and rules of other internet providers;
10.1.6. To cause negative effects on the network or servers of EVROPING, including when it results in blocking of our network/servers or the network/servers of other internet providers or third parties, etc.
10.2. To cause breach or a risk of breach of the system or network security is prohibited and will result in immediate termination of service and/or notification of the authorities. Therefore the following actions are also expressly forbidden (the list is not limitative):
10.2.1. Storing viruses, Trojan horses or scripts, that might harm the stability of our systems and network.
10.2.2. Executing any action in our network, which might lead to disrupting its operation or security.
10.2.3. Attempt at theft of privileges.
10.2.4. Forging of addresses.
10.3. The client shall be obliged to not use our services for the sending of unrequested e-mail communication – SPAM. The breach of this condition shall lead to temporary suspension of service until the matter is cleared. A repeated action shall lead to deletion of the client’s account without option for recovery.
10.4. The client cannot host websites or redirect/link to websites with the following content:
10.4.1. IRC bots, servers and related software.
10.4.2. Pornography;
10.4.3. Unlicensed software and files;
10.4.4. Exploits;
10.4.5. Any actions related to digging of cryptocurrency.;
10.4.6. Materials with insulting content.
10.4.7. Websites with SPAM/proxy related content.
10.4.8. Scripts or software, which threaten the security of our systems and network.
10.4.9. Any type of torrent content/service and game websites.
10.4.10. Software download websites and any type of websites aimed at download of a specific type of files – music, movies, etc. Such services shall be suspended immediately. 10.4.11. Our services cannot be used for back-up or storage of files, which are not directly related to your website and its operation.
10.5. EVROPING does not access the personal data of the client or other parties with regard to the provided services, respectively such data is not stored and is not provided to the Client.
11. Rules concerning content, stored by clients of EVROPING
11.1. EVROPING provides only hosting services and services related to hosting, which allow our clients to store data at our servers. When providing our services we do not provide access to created or gathered by us content, nor exert direct control over the activity of our clients.
11.2. When providing our services we do not review, nor optimize the content, which our clients store or upload in our servers.
11.3. As an information society service provider, EVROPING provides only storage of data of its clients, including by providing services for technical support of servers and optimization. Therefore EVROPING is not liable for the contents of the stored data.
11.4. If EVROPING is notified, that specific information is related to illegal activity, including breach of intellectual property rights, the access to this information or domain shall be blocked, while observing the following standards:
11.4.1. The notification must be from an official source (e.g. government authority, court, prosecutor) or from a person, which presents evidence for the stated illegal activity.
11.4.2. If the notification comes for a person, that does not present evidence for the stated illegal activity, EVROPING shall require such evidence. If the stated illegal activity is not proven, EVROPING is not obliged to block the access to the specific information or domain.
11.4.3. After blocking the access to the information, EVROPING shall notify the respective client for the actions taken. Within 7 days from receiving the notification, the client has the right to present evidence that the stated illegal activity has not taken place.
11.4.4. If evidence is presented that the client has not carried out the stated illegal activity, EVROPING can restore the access to the information after observing the procedure indicated in art. 11.10.
11.5. In any case EVROPING cannot resolve legal disputes about the existence of illegal activity, whereas such mattes should be resolved between the respective client, and the person claiming that the illegal activity has been performed.
11.6. Outside of the cases under p. 11.4 above, EVROPING reserves the right to block the access to information or domain, for which there is suspicion for illegal activity, while adhering to the procedure under 11.4.3. and 11.4.4. above.
11.7. The blocking of access shall be applied only for the contents, for which there is data or suspicion of illegal activity.
11.8. The blocked information shall be kept by EVROPING until there are grounds for their deletion under p. 12. In these case EVROPING notifies, insofar it is possible, the official source or the person under p. 11.4.1. for the pending deletion 7 days earlier.
11.9. EVROPING is not liable for damages suffered by the client or third parties:
11.9.1. with regard blocking of access to information, when there is a notification or suspicion for illegal activity.
11.9.2. with regard to a refusal for blocking of access to information, when there is no evidence for performed illegal activity.
11.10. In the cases when content is blocked in accordance with a discretionary decision of EVROPING, the client can request a review of the decision after the motives for it are present to them. The client can present evidence for their statements, which shall be reviewed and EVROPING shall issue a new motivated decision within a 30-days’ term from the moment the company has received the information from the client. The client can seek remedy in case of violation of their rights via an alternative dispute resolution procedure, or in court. The options for alternative dispute resolution include:
- reconciliation commissions at the Consumer Protection Commission – whereas more information can be received from the Consume Protection Commission, national telephone +359 700 111 22, website https://www.kzp.bg/.
- for business clients – via a procedure for mediation in accordance with art. 12 of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services, whereas currently it is possible to refer the following mediators:
The statement does not limit in any way the right of the Client to suggest mediation with mediators indicated by the latter.
12. Deletion of information stored by EVROPING
12.1. EVROPING deletes information, stored under a specific contract, after the termination of the latter.
12.2. Information can be deleted, when it has been blocked as per p. 11 of the current general terms, when the client has not presented evidence that the illegal activity has not been performed in the term under p. 11.4.3.
12.3. Before the deletion EVROPING shall send a notification to the client for the pending deletion 7 days in advance to guarantee the right of the client to store the information.
12.4. The information can be deleted immediately, without observing the procedure under p. 12.3. in the following cases:
12.4.1. when this is ordered by an official source;
12.4.2. when the information threatens the security of the servers of EVROPING or of data contained within;
12.4.3. when the immediate deletion of the information is the only way EVROPING can perform a specific obligation under the law.
12.5. EVROPING is not liable for the damages from the deletion of information in the following cases:
12.5.1. each indirect or incidental damage – loss of data due to use of our services by a client or third party; or
12.5.2. any loss of information resulting from delay, non-provision or termination of service.
12.6. EVROPING backs up the data of the client in different manners and in different periods of time depending on the type of hosting service.
12.7. Restoring of a back-up is carried out after a request is sent to the maintenance department or via the control panel, if such exists for the respective service.
12.8. The client cannot use the hosting service as a back-up space for his data. The back-up files generated via the cPanel control panel must be downloaded via ftp and deleted from our server. EVROPING reserves the right to delete back-up files generated via cPanel and stored in the hosting package.
12.9 EVROPING does not offer guarantee for the availability of back-ups at any time. The client is obliged to store the back-up of his/her files.
13. Protection of personal data
13.1. EVROPING process personal data of clients for the purpose of performing the concluded service contracts and of statutory obligations. You can learn more in that regard from our Privacy policy.
13.2. As clients of EVROPING you can store your own or third party personal data. With regard to the third party personal date, EVROPING shall act as data processor and shall observe the listed below service standards.
13.3. EVROPING shall store the data uploaded by you, without accessing them, nor organizing, changing or processing them in any other way. The indicated data can be deleted in accordance with these general terms.
13.4. EVROPING shall store the data uploaded by you solely for the purpose of the performance of the obligations under this contract, as well as for the performance of statutory obligations, if such exist with regard to the specific data.
13.5. EVROPING shall be obliged to certify compliance of the applied technical and organizational measures with adequate means, as well as to provide to the client the whole information, necessary for proving the performance of the obligations of EVROPING as data processor.
13.6. The data shall not be stored or processed in any other way outside of the European Economic Area (EEA) without prior consent from the client.
13.7. The client is notified that EVROPING is using the services of persons, who physically keep the servers, in which the data is stored, as well as persons, who provide the technical support of the servers.
13.8. EVROPING processes the personal data only for the purposes of the services provided. EVROPING is obliged to observe the instructions of the client, insofar these instructions are in line with the contract, do not contradict the law and shall not affect the security of other data, stored by EVROPING outside the scope of the contract. In these case EVROPING shall notify the client for the refusal to carry out the respective instruction.
13.9. If EVROPING has a statutory obligation to process the data outside the scope of this agreement, then EVROPING shall notify the client at least 14 days prior to the commencement of such processing, including concerning the changes in the respective statute, insofar this is not expressly prohibited by the law. The client can object in writing against the commencement of such processing until the date of commencement, which must be at least 7 days after the client has received the notification.
13.10. EVROPING shall be obliged to assign the processing of data only to employees who have an obligation to protect their confidentiality. The confidentiality obligation of such persons shall guarantee that they will observe all technical and organizational measures implemented by EVROPING for personal data protection and will remain in force even when their other obligations have been suspended and their employment with EVROPING has been terminated.
13.11. EVROPING shall be obliged to undertake adequate technical and organizational measures for providing a level of protection, which is proportional to the current state of technology, the expenses for implementation, the type, scope, circumstance and purpose of data processing, as well as the chance of arising of and the severity of the potential risks for the rights and freedoms of data subjects. EVROPING shall propose the implementation of additional technical and organizational measures, when such are necessary with regard to the evolution of technology and the recent threats to data security.
13.12. If the client requires the implementation of additional technical and organizational measures, EVROPING shall implement such measures while observing the respective tariffs for the services.
13.13. If the parties cannot reach an agreement concerning the necessary technical and organizational measure, each party shall have the right to terminate the contract with a month’s notice. In these cases the sums paid to EVROPING by the client shall not be refunded.
13.14. EVROPING guarantees that the respective technical and organizational measures exist, which shall allow the client to perform the obligations under the data protection rules to provide information, to rectify and/or erase data, to limit the processing of data and to provide an option for data transfer, as well as any other obligation concerning the data subjects with regard to the data processing, in the respective statutory terms.
13.15. EVROPING shall assist the client with performance of the obligations of the latter to provide information, to rectify and/or erase data, to limit the processing of data and to provide an option for data transfer, as well as any other obligation concerning the data subjects in the respective statutory terms, by providing the necessary cooperation within 14 calendar days from a request by the client. If the necessary cooperation is too complex, to be provided in the said term, EVROPING shall notify the client for this within the same term, whereas the total term for performance of the necessary actions shall be extended with up to 2 months.
13.16. EVROPING shall be obliged to send without undue delay to the client any requests for exercising of rights by persons, who claim their personal data is being processed.
13.17. EVROPING agrees to assist the client with the performance of obligations related to data processing security, notification for personal data breaches to the respective supervisory authority and the respective data subjects, impact assessment for the data processing and consultations with supervisory authorities, while taking into consideration the type of the processing and the information available to EVROPING.
13.18. EVROPING shall notify the client immediately, if establish a data breach concerning the stored personal data, whereas EVROPING shall present to the client the whole necessary information in that regard, including description of the type of the breach, category and approximate number of affected data subjects, if possible, carried out measures to deal with the breach and respectively for limiting the damages from it. When a part of the information cannot be provided immediately, EVROPING shall present the information which is already available, and the remainder shall be presented when possible.
13.19. Upon conclusion of the contract, EVROPING deletes all data provided by the client in accordance with the rules under p. 12.
14. Special rules for certain categories of services
14.1. Registration of Domain - EVROPING shall assist with the registration of domain, but this service is provided in cooperation with the respective domain registrar or organization responsible for the domain, as the rules that apply are the accepted or the applicable to their service, including the rules for dispute resolution, domain transfer, etc.
14.1.1. Domains expire on the date for renewal. For domains with com / net / org / info extensions, the renewal can be made at the same price if the payment is made within 30 days as of the date of domain expiration. If more than 30 days have passed since the expiration of domain with extension com/net/org/info, a penal (redemption) period starts, during which the renewal can only be done by the owner, but the price for this shall be BGN 150, VAT included.
14.1.2. According to EURID (https://eurid.eu/), the registrar responsible for registration, maintenance and renewal of domain names with extension .eu does not have a grace period, during which they can be paid and renewed without paying a penalty fee. Any .eu domain that is not renewed before the expiration date will expire and enter the penalty period immediately. For the removal from the penalty period there shall be a fee of 150.00 BGN with VAT included. A domain is considered paid if it is with extension .eu, whose payment has been received and it has been indicated as paid in the EVROPING system before the expiration date.
14.1.3. We recommend that all our customers who have domain registrations renew them at least 14 days before their expiration date. When there is a bank transfer on Friday or before the weekends and official non-working days, please send us a copy of the payment by e-mail office@max1.cloud so that the payment can be indicated and the service can be renewed on time. Payment made before the expiration date but not indicated as paid in our system due to the technological time for receipt of the bank transfer will not be recognized and the service will expire.
14.1.4. In order for a domain to be transferred to EVROPING, the domain must be unlocked for transfer by the current registrar and its owner must have a transfer authorization code (EPP code), which should be filled in at the moment of the request for the transfer. An additional payment to the registrar is required for the domain transfer, according to the established fee. In order for a successful domain transfer, the client must have access to the e-mail addresses indicated in the WHOIS data of the domain, to be free from hidden WHOIS data, as well as to the e-mail address specified in the transfer order in the system of EVROPING. The transfer must be confirmed by 3 (three) separate e-mails sent by the registrar, regardless of whether the e-mail address is the same. After confirmation from all parties, the domain transfer takes 7 days. Upon completion and successful transfer, the domain is renewed for a period of 1 year. The exception is domains that had been renewed within 14 days before the transfer order or expiration date or during the transfer. In such cases, the domain shall be transferred to EVROPING, but it will not be renewed for a period of 1 year.
14.1.5. EVROPING shall be not responsible in cases where:
- the provided by the client information for the registration is incorrect, incomplete or inaccurate and this leads to refusal of registration or termination of registration;
- the applied name for the domain by the client had been reserved by a third party, before EVROPING received payment from the client for the respective service.
- the client has entered domain name incorrectly - not according to the name what they would like to register.
- In the course of transfer, the client has not followed the procedure according to the other service provider or has not provide all the information necessary for the transfer.
14.2. Services for providing servers – virtual server and dedicated server
14.2.1. The parameters of the server are determined by the client within the scope of the services provided by EVROPING
14.2.2. Within the disk space, provided under the service, is included the space for the operating system and the control panel, if the client has required such The latter might vary depending on the type of chosen OS and control panel.
14.3. Services related to hosting – shared hosting, re-seller hosting, e-mail hosting, SSL certificates
14.3.1. In any case, when the client provides hosting services to third parties, the client shall guarantee that these third parties shall observe the current general terms. The breach of these general terms by the third parties is a reason to terminate the contract with the client.
14.3.2. Within the disk space, provided under the service, is included the space for the operating system and the control panel, if the client has required such the latter might vary depending on the type of chosen OS and control panel.
14.3.3. If the actual monthly traffic of the client exceeds the set limit, the hosting service shall be suspended until the next accounting period. EVROPING shall notify the client when reaching 80% of the set monthly limit.
14.3.4. When transferring websites from cPanel to cPanel, EUROPING offers a free site transfer. In case of transferring a site from another type of hosting panel, the transfer service is paid and the price is determined by agreement, taking into account the specific technical requirements and complexity of the process.
15. Compliance of services and reclamations
15.1. Liability for compliance of digital services
15.1.1. EVROPING is liable for compliance of the provided digital service with the contract, as well as the standards for providing the respective type of service.
15.1.2. The parties can negotiate additional requirements for the service.
15.1.3. EVROPING shall undertake the necessary actions to update the means providing the service, including cPanel, other software components, whereas EVROPING shall notify the client in that regard, as well as inform them how this shall affect the provided service.
15.1.4. EVROPING shall notify the client, if the latter should undertake actions for updating the service or for guaranteeing the safety of the date. In these case EVROPING shall provide detailed information what actions should be performed. If the actions are not performed within 7 days from the notice, EVROPING shall not be liable for damages arising for the client or third parties.
15.2. Request for providing service.
15.2.1. If the service is not provided in the agreed-upon term, the client has the right to request in writing from EVROPING the service to be provided.
15.2.2. If the service is not provided in a term of 3 work days from receiving the request by EVROPING, the client has the right to terminate the contract with a written statement.
15.3. Rights in case of non-compliance of the provided service.
15.3.1. Right of reclamation
15.3.1.1. In case of non-compliance of the provided service, the client can make a reclamation, requesting to bring the service into compliance with the agreed upon.
15.3.1.2. In these cases, if the reclamation is justified, within 7 working days, EVROPING brings the service in line with the agreed upon, as far as this is possible or does not result in disproportionately large costs.
15.3.2. Price reduction or cancellation of the contract
15.3.2.1. If the service is not brought in line with what was agreed upon after a reclamation, or the discrepancy is very serious, the client can request a proportional price reduction or cancel the contract.
15.3.2.2. A condition for canceling the contract is that the non-conformity is substantial.
15.3.2.3. Upon cancellation of the contract, sums paid for a period in which a service was not provided are subject to reimbursement.
15.4. Modification of the service provided
15.4.1. EVROPING may change the provided service in the presence of the following cumulative conditions:
15.4.1.1. The amendment is carried out at no additional cost to the client;
15.4.1.2. The client is notified in advance of the amendment;
15.4.1.3. The client is provided with information on whether he can refuse the amendment or whether he has the right to cancel the contract if the quality of the contract deteriorates.
15.4.2. The amendment is made if EVROPING updates the systems used or such an update is required by EVROPING's partners who provide services to EVROPING and without which services EVROPING cannot fulfill the contract concluded with the client.
15.4.3. EVROPING shall, where possible, provide clients with a choice as to whether to accept the amendment. In these cases, if the client refuses the amendment, the service continues to be provided according to the conditions and with the quality before the amendment.
15.4.4. If refusal of the amendment is not possible and there is an objective deterioration in the quality of the service, the client may cancel the contract, the cancellation taking effect from the moment of the amendment. Cancellation is not admissible if the deterioration in service quality is insignificant.
15.5. Filing reclamations
15.5.1. Complaints are presented to EVROPING in writing or orally, in which case a member of our team draws up a protocol with data on the client's complaint. The complaint or protocol states what the client’s request is, as well as a contact address.
15.5.2. The complaint is accompanied by:
15.5.2.1. Document certifying payment of the service;
15.5.2.2. Documents that establish the non-compliance of the service;
15.5.2.3. Other documents on the case.
15.5.3. The complaint can be submitted while the service is being provided.
15.5.4. The complaint is entered in the register of complaints submitted by E15.3.1.1. In case of non-compliance of the provided service, the client can make a complaint, requesting to bring the service into compliance with the agreed upon.
15.3.1.2. In these cases, if the complaint is justified, within 7 working days, EVROPING brings the service in line with the agreed upon, as far as this is possible or does not result in disproportionately large costs.
15.3.2. Price reduction or cancellation of the contract
15.3.2.1. If the service is not brought in line with what was agreed upon after a complaint, or the discrepancy is very serious, the customer can request a proportional price reduction or cancel the contract.
15.3.2.2. A condition for canceling the contract is that the non-conformity is substantial.
15.3.2.3. Upon cancellation of the contract, sums paid for a period in which a service was not provided are subject to reimbursement.
15.4. Modification of the service provided
15.4.1. EVROPING may change the provided service in the presence of the following cumulative conditions:
15.4.1.1. The amendment is carried out at no additional cost to the customer;
15.4.1.2. The customer is notified in advance of the amendment;
15.4.1.3. The client is provided with information on whether he can refuse the amendment or whether he has the right to cancel the contract if the quality of the contract deteriorates.
15.4.2. The amendment is made if EVROPING updates the systems used or such an update is required by EVROPING's partners who provide services to EVROPING and without which services EVROPING cannot fulfill the contract concluded with the client.
15.4.3. EVROPING shall, where possible, provide users with a choice as to whether to accept the amendment. In these cases, if the customer refuses the amendment, the service continues to be provided according to the conditions and with the quality before the amendment.
15.4.4. If refusal of the amendment is not possible and there is an objective deterioration in the quality of the service, the customer may cancel the contract, the cancellation taking effect from the moment of the amendment. Spoilage is not admissible if the deterioration in service quality is minor.
15.5. Filing complaints
15.5.1. Complaints are presented to EVROPING in writing or orally, in which case a member of our team draws up a protocol with data on the customer's complaint. The complaint or protocol states what the customer's request is, as well as a contact address.
15.5.2. The complaint is accompanied by:
15.5.2.1. Document certifying payment of the service;
15.5.2.2. Documents that establish the non-compliance of the service;
15.5.2.3. Other documents on the case.
15.5.3. The complaint can be submitted while the service is being provided.
15.5.4. The complaint is entered in the register of complaints submitted by EVROPING and the customer is provided with an incoming number. On the document with the incoming number, the number of the complaint in the EVROPING register, which service the complaint refers to, as well as the signature of the person who accepted the complaint - and the signature can also be electronic, are EVROPING and the client is provided with an entry number. On the document with the incoming number, the number of the complaint in the EVROPING register, which service the complaint refers to, as well as the signature of the person who accepted the complaint - and the signature can also be electronic, are noted.
16. Contact data for the Consumer protection authority
COMMISSION FOR PROTECTION OF CONSUMERS
Bulgaria, Sofia, PC 1000, 4a Slaveykov square, fl. 3, 4 and 6
tel.: 02/9330565
fax: 02/9884218
address of local department - Shumen, 9700. 71 Saedinenie str., fl. 2, room 12, P.O. Box 87, tel. 054/800413
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