GENERAL TERMS AND CONDITIONS

I. SUBJECT

Art. 1. These general conditions are intended to regulate the relations between "ATO PLUS " SLLC, UIC 207605064, with headquarters and address of management: Sofia, p.k. 1233, "Serdika" district, "Kalofer" street No. 8, floor 2, apartment 8, hereinafter referred to for short as SUPPLIER, and the Clients, hereinafter referred to as CLIENTS, of the online platforms atoplus.eu and atoplus.co, as well as all other related sites namely: atopluseu.com, atoplus.info, atoplus.net, and atoplus.org.

These General Terms specify and detail all rights and obligations related to the development and use of software products and services, digital marketing, and all maintenance actions related to these products, and are an integral part of the conclusions between the developer "ATO PLUS" SLLC (referred to as - below for brevity only the supplier) and the CLIENT under a contract for their creation, provision, use and/or maintenance.

Art. 2. By using the software product(s), the USER accepts all the rules and conditions regulated in the contract between the parties and these General Terms and Conditions.

Art. 3.1. The contract for the development, implementation, and/or maintenance of software products and services, digital marketing, and all maintenance actions related to them, including contracts for subscription services that "ATO PLUS" SLLC provides consists of Specific conditions that are agreed upon in a special contract between the parties, and General Terms and Conditions.

Art. 3.2. The general conditions apply to all Clients of "ATO PLUS" SLLC, unless expressly agreed otherwise. If such are agreed upon, these differences are reflected in the Specific Conditions, which are part of the content of the contract between the parties.

Art. 3.3. This document represents the General Terms and Conditions, in the sense of the previous points, and regulates the manner, terms, and conditions under which "ATO PLUS" SLLC provides the specified in Art. 2.1. services.

Art. 3.4. The specific conditions, including but not limited to the payment conditions, the method of development, implementation, and/or maintenance of the software services, and other expressly agreed conditions are regulated by a special contract.

Art. 4.1. The Supplier, as a software development company, hereby provides for the use of the Client an integrated software system in the form of software as a service (SaaS), referred to in the agreement as Service.

Art. 4.2. Software as a Service (SaaS), by virtue of this agreement, means that the Service offered by the Company is accessible over the Internet and/or through a VPN (Virtual Private Network) and is offered on an “as is” basis; complying with the terms and conditions of these General Terms and Conditions and the contract concluded between the parties. Art. 4. 3. The service includes, together and separately, the complex of: software, source code, client and server installation, technology, hosting, documentation, rules of use, text content, design, and method of offering.

Art. 5. The SUPPLIER provides the CLIENT against payment of the subscription price determined by the contract between the parties:

Art. 6. The term of use of the PRODUCT or SERVICE is 12 months unless otherwise stipulated in the contract between the parties.

  • the non-exclusive and non-transferable right to use the web-based software product;

  • digital marketing provision services; - any other services for which the parties have expressly agreed and concluded a contract in which the same are specified.

II. DEADLINES

Art. 7. These General Terms and Conditions enter into force from the date of entry into force of the Agreement/ s under Art. 2.1. and have the following deadlines:

  • During the initial purchase of software, a Contract for granting the right to use the software is signed and it includes 6 /six/ months of warranty support;

  • The term "Warranty Support" when purchasing software includes all rights and obligations regarding Subscription Support described in these General Terms and Conditions.

  • After the expiration of the Warranty Support, the Client can continue to use the software support services by concluding a Subscription Support Agreement, which is concluded for a period of 1/one/ year.

  • The contract and the General Terms and Conditions will be automatically renewed for a period of 1 (one) year, after the expiration of the previous term, unless either party provides written notice to the responding party not less than 30 days before the expiration of the contract term.

III. DEFINITIONS

  • Software means any software product sold or maintained by "ATO PLUS" SLLC;

  • Client means any Client of "ATO PLUS" SLLC who has entered into a contract with the company.

  • "Subscription Software Support" for the purposes of these General Terms shall mean the following activities: Provision of the new versions of the Software in case of: changes in the legal regulations; changes made by "ATO PLUS" SLLC in order to improve the operation of software products or introduce new functions; changes to fix bugs, improve performance, and support new generations of hardware and software environments. System assistance in removing and detecting operator errors.

  • The actions of "ATO PLUS" SLLC to fulfill a support request correspond to the type of problem and can be online diagnostics, telephone consultation or on-site visit.

  • Support by phone – providing help by phone, in case of difficulties in work or impossibility to perform a certain action with the Software.

  • Remote support - providing help via the Internet or e-mail: support via the Internet is possible if the Client uses a suitable remote access program and "ATO PLUS" SLLC has permission from him to connect remotely to his computers.

  • Standard working hours (SWH) - the time during which "ATO PLUS" SLLC will provide support for the Software. The opening hours are from Monday to Friday, from 09:30 to 18:00 without holidays or weekends.

IV. INTELLECTUAL PROPERTY RIGHTS ON THE SERVICE

Art. 8.1. The supplier "ATO PLUS" Ltd. owns all intellectual property rights regarding the offered product, namely: service marks, know-how, patents, licenses, trademarks, industrial and artistic design, utility models, rights to technical information and documentation, moral rights, property rights, including related copyrights on software and databases in the hypothesis of Art. 3, para. 1, item 1 of the COPYRIGHT AND RELATED RIGHTS ACT in connection with Art. 3, para. 2, item 3 and in connection with Art. 14 of the COPYRIGHT AND RELATED RIGHTS ACT, with the exception of your user content.

Art. 8.2. You agree not to display or use the Supplier's intellectual property without its express prior written permission, in the event of Art. 16 and Art. 18 of the COPYRIGHT AND RELATED RIGHTS ACT.

Art. 8.3. You agree that you will not acquire any right, authority, or interest in or with respect to the software product/software system provided for use, unless otherwise expressly provided.

Art. 8.4. Unless it is provided for in the COPYRIGHT AND RELATED RIGHTS ACT, You have no right to amend, adapt, translate, create derivative works, decompile, reverse engineer ( reverse engineer ), disassemble or otherwise attempt to derive the program code from services, software or documentation of the software product/software system provided for use, nor create or attempt to create a substitute or similar service or product, by using or accessing the "Software as a Service - SaaS" or any other related to it.

Art. 8.5. You are not entitled to remove, obscure, or alter any indication of the copyright of the software product/software system made available for use, its distinguishing marks, or other indications of proprietary rights attached to or containing in any services, software or documentation of the product/service (including the display of its trademarks). For the purposes of these Terms and Conditions, "Intellectual Property Rights" means any right then existing under the Patents and Utility Model Registration Act, the Copyright and Related Rights Act, the Trade Marks and Geographical Indications Act, the Competition Act, the Data Protection Act and any other rights of intellectual property protected by applicable international treaties, acts and conventions in this field, as well as all declarations of intent related thereto regarding renewals, extensions, reinstatements and renewals of registrations currently in force or to be in force for future in a global aspect.

V. THE SERVICE

Art. 9.1. The Client agrees to use the Service, and the Supplier agrees to provide the Service, in accordance with the contract concluded between them and these General Terms and Conditions.

Art. 9.2. The Supplier agrees to provide the Service, against payment of a subscription, for a period chosen by the Client, under the terms of the contract concluded between the Supplier and the Client.

Art. 9.3. Upon payment of a subscription price by the Client and subject to compliance with all conditions, the Supplier grants the Client a temporary, non-exclusive, non-transferable right to use the Service for the duration of the subscription, solely and solely for the purposes of the Client's business activity.

Art. 9.4. The Supplier may make adjustments to the content and scope of the Service at any time. The Supplier notifies the Client as soon as possible publicly and in writing only on the sites atoplus.eu and atoplus.co, as well as all other related sites specified in Art. 1 of these general terms and conditions, thereby assuming that the latter has validly received this information.

Art. 9.5. The Supplier continues to provide the Service using the latest up-to-date version.

Art. 9.6. The Supplier owns all intellectual property rights in the Service (except to the extent involving third-party property), and no copyright or right to a trademark, domain name, or other business identifiers may be transferred to the Client.

VI. SUPPORT

Art. 10.1. The maintenance period is for the duration of the contract concluded between the parties and begins to run from the moment of commissioning of the software product/software system at the Client.

Art. 10.2. The supplier provides the following types of support for the software products:

Art. 10.2.1. Subscription support, including:

  • Ensuring the operation of the software products in the same functionality as at the time of provision for use;

  • Technical consultations in the operation of the software product/software system;

  • Diagnosing problems encountered when using the software product/software system;

  • Solving problems arising during the use of the software product/software system within the scope of the Agreement, caused by errors in the system;

  • Back up​;

  • IP exchange, IVR, queues.

Art. 10.2.2. Additional Support

Solving problems arising from the use of the software product/software system, billed according to the Supplier's current price list, beyond the amount of the monthly subscription, caused by:

  • Improper use of the system;

  • Lack of connection with other systems for which the Supplier is not responsible;

  • Help installing, uninstalling, and moving software resulting from changes in end devices (computers), and settings of operating systems and other technical security of the Client;

  • Additional training for working with the software, beyond what is expressly stated in the contract concluded between the parties;

  • Specific changes in the software, which are not related to changes in the structure or the creation of new modules to the software, are present or carried out through an internet connection from the Supplier's office;çAdditional developments;

  • Others related to third parties.

Art. 10.3. The Supplier undertakes to remove, at its own expense, all non-working or working incorrectly set functionalities of the system (bugs of the Service).

Art. 10.4. The Supplier performs regularly planned preventive maintenance and maintenance of the Service, which makes the annual availability of the Service equal to 99%. The Client is notified of planned prevention at least 8 hours in advance with an announcement on the site atoplus.eu and atoplus.co, as well as all other related sites specified in Art. 1 of the present general terms and conditions, and if possible, it is carried out in the off-peak hours of the day - from 00:00. until 06:00.

Art. 10.5. The Supplier introduces new, additional functionalities of the Service, entirely at its own discretion for necessity and time.

Art. 10.6. The Supplier may temporarily suspend the provision of the Service partially or fully, in order to perform preventive or mandatory maintenance.

Art. 10.7. The supplier does not bear any legal responsibility in cases where the provision of the Service is interrupted due to a power outage, fire, flood, earthquake, technical failure of the server on which the site is based, hacker attacks, and other force majeure circumstances beyond its control.

VII. TIME FOR PERFORMANCE OF MAINTENANCE SERVICES

Art. 11. "ATO PLUS" SLLC will provide support within the agreed response conditions and Standard Working Hours (SWH). SWH is the time during which the Supplier will provide support for the Service. The opening hours are from Monday to Friday, from 09:30. until 18:00 no holidays or weekends. If a Support Request received by "ATO PLUS" SLLC within the framework of the SWH cannot be fulfilled within the SWH, the service will be performed in the following SWH hours, unless the Client prefers immediate intervention outside the SWH. Services performed outside the SWH will be invoiced at the corresponding hourly rates, according to the price list of "ATO PLUS" SLLC.

VIII. TROUBLESHOOTING AND TECHNICAL PROBLEMS RELATING TO SUBSCRIPTION SUPPORT

Art. 12. Response time on the part of the Supplier upon proper notification by e-mail or telephone by the Client (according to the ways and means of notification specified in the contract between the Parties):

  • Time to establish the cause of malfunction of the software product/software system – 1 hour on working days and 2 hours on weekends and holidays.

  • Time to restore the functionality of the software product/software system 4 hours on working days and 6 hours on weekends and holidays.

IX. PASSWORDS

Art. 13.1. You acknowledge and agree that you may access and use the Service based on a username and password selected and used by you, which you shall keep confidential. You agree not to disclose this username and/or password to any third party without the express written consent of the Supplier.

Art. 13.2. You acknowledge and agree that you will be responsible for the actions of any third party who accesses or uses the Service with your username and/or password without the express written consent of the Supplier. In this regard, the Supplier reserves the right to assume that the use of your username and password is conclusive evidence of the fact that you have accessed and used the Service.

X. OBLIGATIONS OF THE CLIENT

Art. 14.1. The Client undertakes to use the Service only for purposes permitted by these General Terms and Conditions, the contract between the parties and the applicable legislation, by-laws or generally accepted practices.

Art. 14.2. The Client represents and warrants that it has the necessary licenses, rights, consents and permissions (where required) to enter into this agreement with the Supplier;

Art. 14.3. The Client will be solely responsible for the content it creates and manages in connection with the use of the Service. The Supplier is not responsible to the Client or third parties for the content and manner of use.

Art. 14.4. The Client undertakes not to perform any of the actions described below, together or separately, when using the Service:

  • to access (or attempt to access) the Service or parts of it in any other way, except through the one provided by the Supplier, excluding the use of automated means (scripts, web robots and others);

  • to obstruct in any way the offering of the Service (or the servers and the network that are part of the Service;

  • to copy, reproduce, duplicate, license, transfer, sell, resell, display, disclose or commercialize the Service or any part thereof for any purpose;

  • use the Service to send unsolicited mail, "spam", or promotions or advertisements of products or services;

  • attempt to acquire data by any means from the Service, unless the Supplier intends to provide such data;

  • to use the Service to participate in pyramid schemes or chain marketing techniques;

  • use the Service to send material that contains viruses, Trojan horses, worms, corrupted files or other similar software that may disrupt the operation of another computer or property;

  • use the Service in a way that results in excessive traffic or excessive use of disk or hosting space; - provide any assistance to third parties in obtaining access to the Service and/or documentation.

Art. 14.5. The Supplier decides, at its discretion, to determine whether and what actions to take in response to a violation of the above-mentioned violations by the Client.

Art. 14.6. The Client warrants and represents that it will maintain reasonable security measures (which may change over time), including without limitation - confidentiality, authentication, and integrity, to ensure that the use of the Service under this agreement does not pose a risk to either party.

Art. 14.7. The Client has no right, using the Service, to process and store materials that:

  • are illegal, harmful, threatening, defamatory, obscene, unlawful, racially or ethnically offensive;

  • facilitate illegal activity;

  • depict unambiguous sexual images;

  • promotes illegal violence;

  • are an expression of discrimination based on race, gender, skin color, religious beliefs, sexual orientation, disability, or any other illegal activity;

  • cause damage and other things not permitted by law;

  • to provide access to the Service and/or documentation to third parties;

The Supplier is not responsible for this behavior of the Client, given the lack of access to the content generated by him.

Art. 14.8. The Client must prevent possible unauthorized access to the Service and/or documentation. In case of unauthorized access or use of the Service, caused by his action or inaction, to immediately notify the Supplier.

Art. 14.9. The Client undertakes to provide the necessary hardware and software environment (operating system, drivers) for the normal functioning of the Software subject to a subscription maintenance contract.

Art. 14.10. In the presence of anti-virus software installed on the Client's hardware, the Client undertakes to set this software so that it does not hinder the operation of the "ATO PLUS" SLLC Software. "ATO PLUS" SLLC will provide, upon request, the necessary settings.

Art. 14.11. The Client shall not allow anyone other than "ATO PLUS" SLLC to carry out the maintenance of any Software subject to Subscription Maintenance.

Art. 14.12. To provide the necessary equipment for the functioning of the Software, according to the recommendation of "ATO PLUS" SLLC.

Art. 14.13. To maintain and operate the Software in a correct manner, according to the instructions received by "ATO PLUS" SLLC and to allow its use only by competent and authorized personnel.

Art. 14.14. To save the database at least once a day and separately for each day of the week. In the event that the Client has not saved the database according to the instructions, "ATO PLUS" SLLC bears no subsequent responsibility for lost data.

Art. 14.15. In the case of a network installation, it is the Client's responsibility to ensure a reliable working network, including local area network (LAN) and any connected networks (VPN).

Art. 14.16. The Client is responsible for all products and services provided by third parties, regardless of whether they are recommended or not by "ATO PLUS" SLLC, whether "ATO PLUS" SLLC has assisted in their evaluation, selection, or control. The inability of these products or services to satisfy the Client's requirements will not affect the Client's obligations to "ATO PLUS" SLLC, described in the general terms and conditions.

XI. OBLIGATIONS OF SUPPLIER

Art. 15.1. The Supplier undertakes to fulfill the published General Terms and Conditions, regardless of the number of its Clients, by offering the Service in accordance with the current market mechanisms.

Art. 15.2. The Supplier provides the Service to the Client "as is", without direct or indirect warranty of any kind, especially with regard to:

  • its adaptation for specific use;

  • originality;

  • accessibility via the Internet;

  • lack of errors and incorrectly operating functionalities;

  • matching the needs and requirements of the Client;

  • the technical possibility to correct faulty functionality;

  • commercial value.

XII. CONFIDENTIALITY

Art. 16.1. The Client accepts that the Service, in its entirety (Software as a Service - SaaS, described at the beginning of this document), as well as the results of each conducted user test, are Confidential Information of the Supplier.

Art. 16.2. The Supplier accepts that the user's data provided during registration is Confidential Information of the Client.

Art. 16.3. The two parties mutually grant each other access to the Confidential Information only and only for the time of use of the Service.

Art. 16.4. The Agreement is not violated if the Confidential Information of one of the parties:

  • is known to a third party before acceptance of the agreement;

  • becomes publicly known in any other way, not through an act or omission of the other party;

  • is lawfully in the other party's possession prior to notification;

  • is lawfully disclosed to one party by a third party, without restriction on the disclosure of information;

  • is disclosed as required by law.

Art. 16.5. Each of the parties undertakes to store the Confidential Information of the other, according to the rules for the storage of such information, unless its disclosure is required by law.

Art. 16.6. Each of the parties undertakes not to disclose confidential information to a third party.

Art. 16.7. Each of the parties undertakes not to use the Confidential Information for any purpose other than the implementation of this agreement.

Art. 16.8. Each of the parties undertakes to take all necessary and possible measures to ensure that the Confidential Information is not disclosed to a third party.

Art. 16.9. The CONFIDENTIALITY clauses remain in effect even after the termination of the contract between the parties.

XIII. NOTICE OF TERMINATION

Art. 17.1. Any non-renewal of payment for subscription use of the Service shall be considered a notice of termination.

Art. 17.2. In the event that within 15 working days the Supplier does not receive payment for the next subscription period (after a duly sent invoice/proforma invoice), the Supplier temporarily suspends the client's access to his data until the next payment is received.

Art. 17.3. In case of notification of termination by the Client, by not renewing the subscription for the next period, the Supplier undertakes to keep his data from the use of the Service for a period of 90 calendar days, after the expiration of the paid subscription. After the expiration of this period, the Supplier has the right to delete the Client's data without notifying him.

After the termination of the use of the Service and within 90 calendar days, upon written request by the Client, the Client's data from the use of the Service may be transferred to him and transmitted on an electronic medium.

Art. 17.4. In the event that the Service is not provided or the Supplier has materially breached this Agreement, the Client has the right to give extraordinary notice of termination for a longer prepaid period, but it will be counted from the first day of the following month at the earliest the month in which it was made.

Art. 17.5. The Supplier has the right to give an extraordinary notice of termination in all cases in which:

  • The Client does not fulfill its financial obligations to the Supplier;

  • The Client violates the provisions of the contract concluded with the Supplier;

  • The Client has transferred the password for use of the Service to third parties.

Art. 17.6. In the event of extraordinary notice from the Supplier to the Client, access to the Service will be suspended immediately, and consumption data will be retained for 90 calendar days unless otherwise specified in writing.

XIV. LIMITATION OF LIABILITY

Art. 18.1. The Service, in its entirety (software as a SaaS service described at the beginning of this document) is offered on an "as is" basis and the Supplier is not responsible for unfulfilled expectations of the Client.

Art. 18.2. The Supplier is not obliged to satisfy any claims of the Client for changing the characteristics and functionality of the Service.

Art. 18.3. The Supplier does not assume any responsibility for the Client's way of working with the Service. All entered data and the manner of working with it are the responsibility of the Client.

Art. 18.4. The supplier is not responsible for damages caused by errors or omissions caused by the way of reading the documentation for working with the product.

Art. 18.5. The Supplier is not responsible for events occurring to the Client such as: violation of the law, negligence, loss of profit, damage/loss of reputation, change of data in the Service, economic or other indirect losses, costs, damages or charges that could arise indirectly from the use of the Service and under this agreement.

Art. 18.6. The Client accepts that the data and their management are his sole responsibility and they are always in the form in which he or a person authorized by him left them. The Supplier is not responsible for data changed by the Client.

Art. 18.7. The Client acknowledges that it is not entitled to any warranties, representations, conditions or obligations of any kind imposed by law, other statutory or by-law or common law. The Supplier undertakes solely to provide the Client with the Service on an "as is" basis, to make its updates available simultaneously and indiscriminately on its website, observing the provisions of the legislation in force in the country.

Art. 18.8. The Client accepts that claims of any nature can be filed within 7 (seven) business days from the occurrence of the event that gave rise to them.

XV. DISCLAIMER OF WARRANTIES

Art. 19.1. The Supplier does not provide any guarantee regarding the reliability, timeliness, quality, suitability, truthfulness, availability, accuracy or completeness of the Service or the content.

Art. 19.2. The supplier cannot guarantee that:

  • use of the Service will be error-free, uninterrupted, secure, timely, possible with any combination of hardware, software, system or data;

  • The service will meet the requirements and expectations of the Client;

  • Data stored will be accurate or reliable;

  • Decisions made by the Client based on the use of the Service will be correct, effective and legal;

  • Any error or defect will be promptly corrected;

  • The hardware or software that the Client uses to access the Service is virus-free and cannot be infected.

XVI. FORCE MAJEURE

Art. 20. Pursuant to this agreement, the Supplier shall not be liable to the Client if the performance of its obligations has been prevented or delayed, caused by force majeure circumstances such as: acts, events, omissions, or incidents beyond reasonable control, including without limitation, strikes, industrial disputes, non-compliance with telecommunications, hosting or energy agreements with third parties or natural disasters, war, riots, civil disturbances, malicious damage, fire, floods, storms, unavailability of workplaces.

XVII. INTERNET

Art. 21.1. The service may be subject to restrictions, delays and other problems related to the use of Internet communication channels both to the Supplier and to the Client.

Art. 21.2. The Supplier is not responsible for any possible delay, limitation, broken or missing communication that occurred as a result of the Client's Internet subscription. The Client's Internet connectivity is not part of the Service provided.

Art. 21.3. The Supplier is not responsible for any possible delay, limitation, broken or missing communication that occurred as a result of force majeure at its Internet Supplier.

XVIII. PRICES AND PAYMENTS

Art. 22. The price due by the client under the Contract is agreed between the parties, and the same is paid monthly and is determined according to the services that "ATO PLUS" SLLC provides to the client. The exact amount of the price due for the monthly subscription is explicitly stated in the contract concluded between the parties. Payment of the subscription is made by bank transfer, after the issuance of a proper invoice/proforma invoice.

Art. 23. "ATO PLUS" SLLC will send the invoices for the amounts due by the 10th of the month in which they are due. The Client transfers the invoice amounts by bank transfer within 5 days of receipt of the invoice or at the latest on the due date for payment specified in it, to the e-mail indicated by him for correspondence in the contract between the parties.

Art. 24.1. If the Supplier does not receive payment within 15 working days after the expiration of the above-mentioned terms, he has the right to automatically block the Client's access to the Service and his data, without being responsible for this. Access is restored upon receipt of payment.

Art. 24.2. In the event that an invoice is not paid for more than 30 days, "ATO PLUS" SLLC has the right to unilaterally terminate the contract without notice and to refuse subscription service of the Software.

Art. 25. The Supplier has the right to change the prices, at its discretion, without prior notification to the Client, and the prices of the subscriptions concluded before the date of the change remain unchanged for the duration of the prepaid subscription, unless force majeure has occurred.

XIX. PROTECTION OF PERSONAL DATA

Art. 26.1. The company "ATO PLUS" SLLC takes measures to protect the client's personal data when using the platforms atoplus.eu and atoplus.co, as well as all other related sites specified in Art. 1. of these general conditions, according to the Personal Data Protection Act. The Supplier agrees to protect your personal data with the importance of Confidential Information.

Art. 26.2. The client/user agrees that "ATO PLUS" SLLC has the right to contact him/her in a way stated by the client/user when making an "Inquiry" through the platforms atoplus.eu and atoplus.co, as well as all other related sites specified in Art. 1. of these general conditions.

Art. 26.3. The client/user agrees that "ATO PLUS" SLLC has the right to collect, store and process the client's data when using the platforms atoplus.eu and atoplus.co, as well as all other related sites specified in Art. 1. of these general conditions.

Art. 26.4. "ATO PLUS" SLLC processes personal data of its Clients in accordance with the Privacy Policy, which is an integral part of the General Terms and Conditions.

Art. 26.5. The Supplier agrees not to transmit in any way and in any form confidential or non-confidential information concerning the Client's personal data to third parties, unless it is required by the legislation currently in force.

Art. 26.6. The Supplier bears no responsibility for the bad faith deletion, correction, destruction, damage, loss or failure to store the Client's personal data, carried out through a hacker attack or other bad faith actions by third parties.

XX. AMENDMENT AND ACCESS TO THE TERMS AND CONDITIONS

Art. 27.1. The general terms and conditions can be changed by "ATO PLUS" SLLC, at any time by updating them on the website and in compliance with the provisions of the Consumer Protection Act (CPA).

Art. 27.2. The updated General Terms and Conditions enter into force immediately after their publication on the Site for all future Clients/users.

Art. 27.3. Changes to the General Terms and Conditions do not affect contracts concluded with Clients/users before the update.

Art. 27.4. If the General Terms and Conditions are changed in the period from the start of communication to the finalization/conclusion of a contract, the current General Terms and Conditions at the time of finalization/conclusion of the contract shall apply to the relations between the parties.

XXI. RESPONSIBILITY

Art. 28. "ATO PLUS" SLLC is not responsible in case of force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of the competent state authorities.

Art. 29.1. "ATO PLUS" SLLC is not responsible for damages caused by the client/user to third parties.

Art. 29.2. "ATO PLUS" SLLC is not responsible for property or non-property damages, expressed in lost profits or damages suffered, caused to the client/user in the process of using or not using the the platforms atoplus.eu and atoplus.co, as well as all other related sites specified in Art. 1. of the present general terms and conditions, and conclusion of sales contracts with "ATO PLUS" SLLC.

Art. 29.3. "ATO PLUS" SLLC is not responsible for the time during which the platform was not available due to force majeure.

Art. 30. "ATO PLUS" SLLC is not responsible in case of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information, and other similar consequences.

XXII. OTHER TERMS

Art. 31.1. The client/consumer and "ATO PLUS" SLLC undertake to protect each other's rights and legal interests, as well as to protect their trade secrets, which became their possession in the process of executing the Agreement and these General Terms and Conditions.

Art 31.2 The client/consumer and "ATO PLUS" SLLC undertake, during and after the expiration of the contract period, not to make public any written or oral correspondence between them. Publication of correspondence in print and electronic media, Internet forums, private or public websites, and others may be considered public domain.

Art. 32. In the event of a conflict between these General Terms and Conditions and provisions in a special contract between "ATO PLUS" SLLC and the CLIENT, the clauses of the special contract shall take precedence.

Art. 33. The possible invalidity of any of the provisions of these General Terms and Conditions will not lead to the invalidity of the entire Agreement.

Art. 34.1. The current legislation of the Republic of Bulgaria shall apply to issues not settled in these General Terms and Conditions, related to the implementation and interpretation of the contract between the parties.

Art. 34.2. When a dispute arises, the parties should take steps to resolve it out of court.

Art. 34.3. In case of failure to reach an agreement to resolve the dispute out of court, the parties may refer the dispute for resolution by the competent Bulgarian courts and the Consumer Protection Commission.

XXIII. NON-DISCLOSURE AND PROHIBITION ON COMPETITIVE ACTIVITY

Art. 35.1. The CLIENT agrees that the contract concluded between him and the SUPPLIER requires significant responsibility and trust, and relying on the CLIENT's loyalty, the SUPPLIER may entrust the CLIENT with extremely sensitive, confidential, restricted and Proprietary information, including Trade Secret and Confidential information.

Art. 35.2. Proprietary Information includes Trade Secret and Confidential Information.

Art. 35.3. Trade secret means any scientific or technical information, design, process, procedure, formula, improvement or software, including without limitation, program codes, as well as any specific information about the provided software product/software program, which are valuable and basically unknown to the general public.

Art. 35.4. Confidential information is all data and information, other than a Trade Secret, that is significant, competitively significant and not available to the general public, including but not limited to business plans, business prospectuses, Client lists, manuals for training, product development plans, sales and evaluation procedures, market strategies, internal statistics, financial data, personal confidential information relating to COMPANY employees, supplier data, operational and administrative plans, internal rules, terms and conditions of contracts and agreements, as well as any specific information about the software product/software program provided.

Art. 35.5. The terms Trade Secret and Confidential Information do not refer to information that is lawfully obtained by the CLIENT, without restrictions on its distribution and not in violation of a law or a confidentiality agreement or required to be disclosed by applicable law, within, in which disclosure is required by law.

Art. 36.1. With the exception of what is necessary to fulfill the obligations under the contract between the parties or for any other reason, the CLIENT will not use, disclose or distribute Trade Secrets or Confidential Information about the SUPPLIER or its Clients to third parties, during its contractual relationship with SUPPLIER, as well as after their termination, or before when it has ceased to be a Trade Secret or Confidential Information due to an act that was not caused by willful or negligent behavior or by the CLIENT's breach of this Agreement or otherwise.

Art. 36.2. At the request of and in any case upon termination of contractual relations with the SUPPLIER, the CLIENT shall hand over to the SUPPLIER all notes, notes, archives, manuals, any information or other documents related to the activities of the SUPPLIER and the activities of its clients, including all copies of the above. CLIENT will also hand over to SUPPLIER all materials, including Proprietary Information of/about SUPPLIER and its Clients. Any such information and materials, whether or not developed by the CLIENT, shall be the sole and exclusive property of the SUPPLIER or its Clients, and the CLIENT undertakes to assign to the SUPPLIER all of its rights in such information and materials.

Art. 36.3. The CLIENT shall take appropriate steps to protect PROPRIETARY or its clients' Proprietary Information, if provided, from any unauthorized disclosure, using at least the same level of protection as an interested person or company would use to protect your Personal Information.

Art. 36.4. If the CLIENT is subpoenaed in a legal or administrative process to disclose Proprietary Information, insofar as this is not contrary to applicable law, it must immediately notify the SUPPLIER in writing of such claim or demand and allow the SUPPLIER to oppose such processes, if appropriate at the SUPPLIER's discretion.

Art. 36.5. The CLIENT declares that he has been informed in view of his official duties regarding the nature and particularities of the data and information from the COMPANY's Proprietary Information, which are related to the prevention of the disclosure and dissemination of this information.

Art. 37. The CLIENT shall not disclose or use during the period of its contractual relationship with the SUPPLIER any Proprietary Information that it has acquired due to employment or other legal relationship with a person or company other than the SUPPLIER, regardless of whether this information is in the CLIENT's memory or is reflected in a written document or other physical medium.

Art. 38.1. The CLIENT agrees that during its contractual relationship with the SUPPLIER, for whatever reason, the CLIENT shall not, directly or indirectly:

  • to own, operate, manage, work or be involved in the decision-making process, directly or indirectly, in an activity that is competitive with the activity of the SUPPLIER, at its own expense, for clients of the SUPPLIER or in the form of labor or civil contract, representation, as a partner in a competing company, a manager or a member of a competitor's management or control body, provision of consultancy to a company carrying out an activity competitive to that carried out by the SUPPLIER, except with the written consent of the SUPPLIER or

  • to make contact with a client/s of the SUPPLIER if the purpose of such contact is to provide or sell a product or service similar to the products or services provided by the SUPPLIER or to criticize or disparage the SUPPLIER.

Art. 38.2. The CLIENT agrees that during its contractual relations with the SUPPLIER within a period of two years after the termination of the contract with him for any reason, the CLIENT will not, directly or indirectly, attract or hire workers and employees or persons in contractual relations with the SUPPLIER, by terminating the provision of services for the SUPPLIER or terminating their contractual relations with the SUPPLIER or providing competitive services on their own account, for clients of the SUPPLIER or in the form of an employment or civil contract, representation, as a partner in a competing company, manager or a member of a management or control body of a competitor, providing advice to a company performing an activity competitive with that performed by the SUPPLIER.

XXIV. SUPPLIER DATA

Art. 39. Information under the Electronic Commerce Act and the Consumer Protection Act:

Name of the Supplier: "ATO PLUS" SLLC, UIC 207605064. Registration under the Value Added Tax Act No. BG207605064

Headquarters and address for the exercise of the activity and address for submitting complaints by users: Sofia, p.k. 1233, "Serdika" district, "Kalofer" street No. 8, floor 2, apartment 8.

Supervisors:

  • Commission for the protection of personal data

  • Commission for consumer protection

    • Address: 1000 Sofia, Vrabcha St. No. 1, floors 3, 4 and 5,

    • Phone: (02) 933 05 65

    • Fax: (02) 988 42 18

    • Website: www.kzp.bg

2024 - All Rights Reserved - BG207605064

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