1.1. These General Terms and Conditions are intended to govern the relations between "Web Forge" Ltd, hereinafter referred to as the "Provider", and Clients, regarding the provision of the HOSTING service (Shared hosting, WordPress hosting), hereinafter referred to as the "Service".
1.2. These General Terms and Conditions are binding on the Provider and the Client, are of unlimited duration, and remain in effect for as long as the Provider provides services to the Client based on an Order made through the order form on the Provider's website.
2.1. Information pursuant to the Electronic Commerce Act and the Consumer Protection Act:
Name: "Web Forge" Ltd Registered office and management address: Burgas, 33 Radi Nikolov St., 2nd floor, apt. 14 Address of business activity and address for complaints from consumers: Burgas, 33 Radi Nikolov St., 2nd floor, apt. 14 Correspondence e-mail: office@forge.bg Tel.: 0893 688 309 Entry in public registers: UIC 207655583 VAT registration No. BG 207655583 Supervisory authorities: Commission for Personal Data Protection Address: Sofia, 2 Prof. Tsvetan Lazarov St. Tel.: (02) 940 20 46 Fax: (02) 940 36 40 E-mail: kzld@government.bg, kzld@cpdp.bg Website: www.cpdp.bg Consumer Protection Commission Address: 1000 Sofia, 4A Slaveykov Sq., floors 3, 4 and 6 Tel.: 02 / 980 25 24 Fax: 02 / 988 42 18 Hotline: 0700 111 22 Website: www.kzp.bg
3.1. The "Hosting service" (Shared hosting, WordPress hosting) includes the following:
Provision of free space and resources on the Provider's server, on which the Client is entitled to publish and share information with third parties on the Internet (hosting a website); Provision of access to an administrative panel for publishing, processing and disposing of the information shared on the provided space and server resources; Provision of the option to use e-mail services; Provision of the Service in accordance with the current subscription plan and parameters.
3.2. (1) Where the Client is a consumer within the meaning of the Consumer Protection Act, the Provider shall only provide the Service under the subscription plan aimed at consumers. Where this is not expressly stated in the subscription plan, the most limited and basic subscription plan with the lowest price shall be deemed to be aimed only at consumers within the meaning of the Consumer Protection Act.
(2) Clients of the Service are exclusively natural and legal persons who conclude a contract with the Provider and wish to use the Service. Clients may be adult and legally capable natural persons or legal entities represented by their legal representatives or duly authorized persons. Natural persons – clients use the services for the following purposes:
for personal purposes under a basic (smallest in terms of specifications and price) subscription plan for the Service, if they have the status of consumer within the meaning of the Consumer Protection Act; for their commercial, professional and business activity, declaring that they are not consumers within the meaning of the Consumer Protection Act.
3.3. Server limits and restrictions:
The shared hosting service involves the use of the resources of a single server by a certain number of users. In order to avoid one user consuming excessive resources at the expense of others, the following restrictions are introduced for each individual hosting package:
The space provided by the Provider may not be used solely for backup purposes. The space may only be used for the needs of the websites hosted on the Client's hosting account. Clients who breach this condition will be notified by e-mail and given a 24-hour period within which to take the necessary measures to stop the breach. If the breach is not stopped within the given period, the hosting account will be suspended. The Provider is not liable for changes caused by additional software such as cPanel, LiteSpeed, Softaculous and others. The Provider is not liable for the correct functioning of, or limitations imposed by, third-party software such as DirectAdmin, cPanel, LiteSpeed, Softaculous and others. Each individual database uploaded and used by the Client may not exceed a limit of 1GB (1,024 MB). Clients who breach this condition will be notified by e-mail and given a 24-hour period within which to take the necessary measures to stop the breach. If the breach is not stopped within the given period, the hosting account will be suspended. The Provider is obliged to notify the Client of forthcoming actions on its part if these affect the service used.
3.4. Availability of the Service
The Service is available twenty-four (24) hours a day, seven (7) days a week, except for regular maintenance and necessary repairs, and except for any loss or interruption of hosting services due to reasons beyond the Provider's control or reasonably unforeseeable reasons, including but not limited to interruption or damage of telecommunication or digital connections, Internet outages or failures. In the event of any loss or interruption of hosting services, the sole remedy of the client and the sole and exclusive liability of the host in the event of loss or interruption of hosting services shall be determined as follows: for loss or interruption of hosting services due to (i) reasons other than scheduled maintenance requiring repair, or (ii) reasons beyond the host's control, or (iii) reasons not reasonably foreseeable by the host, including but not limited to interruption or damage of telecommunication or digital connections and Internet outages or failures, where the loss or interruption of hosting services exceeds a continuous period of twenty-four (24) hours, the Client shall receive a credit against future hosting services equal to a proportional part of the hosting service installments for the period of downtime.
3.5. Domain name
As part of the initial hosting services, the client provides the Provider with a registered domain name.
3.6. Use of e-mail services:
The sending of unsolicited mass commercial messages (Commercial communications) over the Internet (also referred to as SPAM) from servers belonging to the Provider is categorically prohibited. The Provider reserves the right, upon establishing a SPAM violation, to impose a sanction – deactivation of the User (account) without warning. "SPAM" shall also be deemed to include any subsequent solicited or unsolicited commercial message after 300 (three hundred) sent within 1 hour, or more than 20 e-mail messages sent within 1 minute, regardless of whether they are sent via an e-mail software application on the User's home computer or via a web-based software application such as phpList/ccMail and others.
In the event of sending of unsolicited messages via contact or registration forms, the Provider reserves the right to restrict the client's e-mail service.
4.1. (1) The Service is provided by the Provider to the Client based on an Order submitted via the Provider's website.
(2) By entering their data and finalizing the Order, or by agreeing to the general terms, the Client declares that they are familiar with the specific general terms and undertakes to comply with them unconditionally.
(3) Through the order creation process and agreement to the general terms, the Provider creates a Client profile, and a contractual relationship arises between the Client and the Provider.
(4) The Provider confirms the Client's registration by means of an e-mail message sent to the e-mail address indicated by the Client in their user profile.
(5) In the process of activating the service, the Provider creates a password for remote access to the Service, generated through the Client's individual account. The Provider sends the access password for the hosting service to the Client by e-mail.
(6) Upon first use of the specific service, the Client must enter the remote access password created by the Provider.
(7) In the process of creating a user account, the Client undertakes to provide accurate and up-to-date data, and undertakes to make the corresponding change in the event that such data changes.
(8) The Provider keeps logs of various actions related to the User's service, such as logs of website access (access log), addresses from which the control panel was accessed, firewall logs and others.
4.2. The Service is activated after the Client pays the first subscription fee under the chosen subscription plan and after being notified of its activation.
4.3. Activation and maintenance of the service are carried out by a specialist of "Web Forge" Ltd. Maintenance of the service is carried out by the Client submitting a request through the client area.
4.4. (1) Management of the service. The Client receives access to a client area – an administrative panel for remote use of the Service.
(2) The Client has the right to manage the Service solely through the administrative panel provided by the Provider, identifying themselves with a username and password.
(3) The Client has the right of remote access solely to the space and server resources allocated to them.
4.5. (1) The Client has the right to share information through the space and Internet-connected server resources provided by the Provider, in accordance with the respective subscription plan chosen by the Client. The parameters of the initially chosen subscription plan may be changed at the Client's request, by being increased or decreased (where this is permissible and in accordance with these General Terms).
(2) The Client has the option to request an increase of any of the service parameters through the client area at any time, provided that their current plan is in "active" status.
(3) Upon activation of a request to reduce the parameters of a hosting service, the product parameters change immediately, in accordance with the subscription plan chosen by the Client.
4.6. (1) The Provider ensures the server's connectivity to the Internet and the proper functioning of the technical equipment, within the scope of the current subscription plan for the Service.
(2) The Client has the right to store information on the space allocated to them and to use the Provider's server resources, including through specialized software, only insofar as this does not violate the functioning and security of the server and these general terms.
4.7. (1) The Provider gives the Client the opportunity to use e-mail services in accordance with the parameters of the current subscription plan.
(2) The Client may use e-mail services within the parameters of the current subscription plan.
4.8. (1) The Provider categorically prohibits the placement of the following types of content, as files or links, on hosted websites:
Torrent links (Torrent tracker) psyBNC, IRC and similar applications Pornographic publications Warez content Hacking programs or archives Software for sending SPAM messages Content infringing copyright File download (services) Background processes (proxy server, chat sessions) Rating websites and systems, file/image sharing platforms Content violating the legislation of the Republic of Bulgaria European legal norms Scripts or programs aimed at DDoS (Denial of Service) Perl- or Python-based applications and scripts that could cause undesirable effects on our system are automatically penalized by our monitoring system for uploaded file formats and file system protection. Pages directed toward a gaming server (Counter-Strike, Minecraft, World of Warcraft, GTA and others).
(2) When using the Service, the Client must not use software, scripts, programming languages or other technologies that could create difficulties for other users in using it.
(3) The Client shall use the service in a manner consistent with contemporary requirements for security, functionality, restrictions on not ceding hosting resources to third parties, and efficiency. Websites created by the User through use of the service must not create a server load that exceeds the normal and practice-accepted consumption of the "Shared hosting" and "WordPress hosting" services under the current subscription plan for the Service.
(4) The Client has no right to use the Service to create and provide Internet games. An Internet game within the meaning of this clause does not include the organization of promotions, quizzes and other similar activities.
(5) The Client has no right to use the Service to create "proxies" and run resident programs.
(6) The Client undertakes not to use the Service for the following:
To publish, provide and distribute in any way data, messages, text, computer files or other materials that contradict Bulgarian legislation, applicable foreign laws, these terms, Internet ethics or good morals, and which violate the rights of third parties, namely: copyright or related rights, registered trademarks, patents or other intellectual property rights, ownership rights, as well as any other property or non-property rights or legitimate interests of third parties; constituting trade, professional or personal secrets or other confidential information. Constituting trade, professional or personal secrets or other confidential information. To publish, distribute or provide software or other computer files containing viruses or other risky programs or their components. To publish or transfer pornographic and illegal materials. To publish data, messages, text, computer files or other materials containing a threat to human life and bodily integrity, propagating discrimination, terrorism, preaching fascist, racist or other undemocratic ideology, the content of which violates human rights or freedoms under the Constitution and laws of the Republic of Bulgaria or international acts, calling for forcible change of the constitutionally established order, for the commission of a crime, etc. To cede or resell the whole or part of the Service or the server resources to third parties, including through the functions for adding domains as additional domains.
(7) The Client agrees not to use the Service to send unsolicited mail – "SPAM". Breach of this requirement is grounds for the temporary suspension of the Service provided, of which the Provider shall notify the Client. In the event of a repeat occurrence, the Provider has the right to unilaterally terminate the provision of the service without warning.
4.9. Use of multimedia streaming and support:
Media streaming is offered in the form of FFmpeg/Xvid/MP4Box support together with a PHP module for FFmpeg that your applications may use. The following actions are limited, and the client may be restricted in respect of them:
Uploading and reformatting a video clip larger than 200 MB. Uploading and reformatting more than 1 video clip (at a time). Using the Video formatting and reformatting support, which we have provided to all clients, for the purpose of creating websites such as Vbox/Youtube on shared hosting. Using FFmpeg technology to create a website containing licensed materials or Erotic video materials.
4.10. Scanning of services:
The Provider undertakes to scan and review, with antivirus and other available programs, the content of clients using Shared Hosting. The Client is solely responsible for their files and their condition if they use the Shared Hosting service without support from the Provider. The Client agrees that the restriction or interruption of their service may be caused by a failure to perform adequate maintenance of the service.
4.11. Backup function for hosting services:
(1) The Daily backup service for Shared hosting is provided voluntarily by the Provider. The Provider's platform performs several archives/backups on its own equipment at certain intervals, at its own discretion. Typically, 7 archive copies are retained.
(2) The Provider stores the backups it makes for its own purposes in the event of force majeure circumstances, technical problems arising in the Provider's equipment, or actions or omissions of third parties and organizations intending to harm the Provider.
(3) The Provider encourages the Client to additionally store the information located on the space allocated for their use on remote media and/or devices.
(4) The Provider reserves the right to exclude large files, specific file extensions or certain directories when creating backup copies and files uploaded for archiving purposes, in order to avoid system overload.
(5) The following is a non-exhaustive list of extensions that are not included in Backup archiving – tgz, rar, zip, mp3, mp4, avi, iso, bak, mov, sql, gz and others.
4.12. Use of the SFTP/SSH protocol for connection:
(1) The Client agrees that any action they take may be recorded in system logs.
(2) The Client agrees that any action against the system or against the security of the system may lead to the deactivation of their service.
(3) The Client is liable for all actions that third parties may carry out using their key or password.
4.13. Uptime/Maintaining the websites of the services in normal condition:
(1) The Provider agrees and undertakes to maintain the websites of all Clients in proper condition in accordance with the conditions of use of the services already described.
(2) The Provider is not liable for conditions beyond its control that cause interruption of the service, such as:
A problem caused by a Client who has breached the conditions of use of the services and has caused the global network to restrict the connectivity offered for general use; A problem caused at hardware level that cannot be controlled and fixed within the usual required response time; A problem caused by attacks or incorrect user settings; A problem caused by an external provider or software.
(3) The Provider is not liable if client websites reach server limits and the security systems automatically temporarily disable the pages.
(4) The Provider is not liable in the event that a Client reaches server limits and the internal systems temporarily restrict access to the website in order to preserve the quality of the service provided.
(5) The Provider undertakes to review the exact reason for any interruption of access to the service and to assist the Client as much as possible within the permissible limits.
(6) The Provider undertakes to explain in detail the reason for all interruptions of the services used by the Client.
(7) The Provider is not liable if the Client is unable to establish a connection to their service, unless the reason lies with the Provider itself.
(8) The Provider is not liable in the event of force majeure circumstances such as fire, flood, emergencies, war, blockade, earthquake and others.
(9) The Client is obliged to conduct all correspondence with third parties with whom it has contractual relations when resolving a problem related to applications hosted on the Provider's servers. The Provider may request additional information intended to supplement that initially submitted by the Client, the purpose of which is to further clarify the cause of the issue or problem that has arisen.
4.14. The Provider typically retains the content of temporarily suspended hosting accounts for 45 days.
5.1. The Service is provided on a subscription basis. The Service is provided for a minimum term of one month.
5.2. The contract for the service enters into force from the moment the Client pays the first monthly fee.
6.1. The Provider undertakes:
(1) to provide and ensure the contracted services in accordance with the specifications agreed with the Client;
(2) to provide technical support for the service in accordance with the subscription plan chosen by the Client;
(3) to provide the Client with an administrative panel for administering the Service and access to its functionalities;
(4) to maintain around the clock the Parameters of the contracted services and their connectivity;
(5) in cases where scheduled maintenance is planned that may lead to interruption or deterioration of the quality of the services, to notify the Client under the conditions provided for in the Contract.
6.2. The Provider has the right:
(1) to receive from the Client remuneration for the Service provided;
(2) to exercise continuous supervision over the technical condition of the Service and to give guidance and instructions to the Client on the proper use of the Service;
(3) to restrict the Parameters or interrupt the provision of the Service to the Client when carrying out technical maintenance of its premises and equipment or changing elements of the communications infrastructure;
(4) to temporarily restrict the Parameters or interrupt the provision of the Service to the Client for the purpose of protecting the security of its communications infrastructure;
(5) to receive additional remuneration from the Client for Additional services in connection with the use of the Service;
(6) to carry out Additional services only after reaching written agreement with the Client;
(7) to require the necessary legitimation from the Client when accepting instructions regarding the use or management of the Service;
(8) to restrict or terminate, temporarily or permanently, the use of the Service if it establishes that the Client is using it in bad faith or in breach of Bulgarian legislation, good morals, or these general terms.
6.3. (1) The Provider provides the necessary assistance to the judicial authorities, the prosecution, the investigative bodies and the Ministry of Interior in exercising control and actions on their part, by providing information on the Client's personal data and the Service, traffic data pursuant to Art. 251, para. 1 of the Electronic Communications Act, in cases where electronic communications networks or services are provided.
(2) When carrying out the actions under para. 1, the Provider is not obliged to notify the Client, except in cases expressly provided for by law.
(3) The Client has no right to claim compensation for damages resulting from the Provider's actions under para. 1.
6.4. The Client undertakes:
(1) to pay the Provider the agreed remuneration for the use of the Service in accordance with the agreed subscription plan and term;
(2) to use the Service in good faith and in accordance with the legislation of the Republic of Bulgaria;
(3) to use the Service for its intended purpose and in a manner that does not harm the Provider's other clients or its communications infrastructure, to preserve the good name and business reputation of the Provider, and not to use the services in a manner that may result in liability for the Provider;
(4) to notify the Provider of problems related to the use of the Service;
(5) to provide full assistance to the Provider for the provision of the Service and the resolution of problems related to it, as well as to provide access for representatives of the Provider to the end points of provision of the Service located in its possession;
(6) to use and manage the Service solely remotely (from a distance) through the username and password for administrative access provided by the Provider;
(7) not to use the functionality of the Service in a manner inconsistent with its intended purpose (for example, creating a proxy, etc.);
(8) to provide accurate and up-to-date data requested by the Provider. The Client is obliged to inform the Provider of any change in the data provided;
(9) the Client undertakes to carry out its activity lawfully, ensuring the availability of all necessary rights, licenses and other rights and permissions in accordance with applicable legislation.
6.5. The Client's inability to use the Service for reasons for which the Provider is not responsible does not release the Client from the obligation to pay the agreed remuneration for it.
6.6. The Client has the right:
(1) to use the Service for its intended purpose in accordance with the agreed Parameters;
(2) to exercise remote administrative access to the Service;
(3) to withdraw from the services, without stating a reason, without owing compensation or a penalty, and without paying any costs whatsoever, within a 30-day period from the date of conclusion of the contract.
Services whose fees are not subject to refund under Art. 57, para. 1 of the Consumer Protection Act are all products from the following categories: domain name registration, SSL certificates, licenses.
In the event of withdrawal from the service provided, all purchased additional licenses such as DirectAdmin, CPGuard, cPanel, LiteSpeed, CloudLinux and others are non-refundable.
Additional services related to .bg domain names or radio hosting are also non-refundable.
The period for refunding a paid amount is up to 14 calendar days.
7.1. The price of the Service is determined by the Provider on its website.
7.2. (1) The Client owes the Provider the price for the service in accordance with the chosen subscription plan.
(2) Information on the various subscription plans is available at the following website: https://forge.bg/hosting
7.3. The Provider has the right to unilaterally change the prices of the services provided. The Provider shall notify the Client of the price change no later than 1 (one) month before the new prices enter into force. In this case, the Client has the right to send written notice of termination of the Contract before the new prices enter into force. If the Client does not send notice to the PROVIDER that it does not agree with the new prices, this change shall automatically enter into force upon expiry of the 1-month period.
7.4. No more than once within a calendar year, the Provider has the right to index the prices of the Services, adjusting them by a percentage no higher than the monthly consumer price index determined by the National Statistical Institute (CPI, previous month = 100), accumulated for the period since the last determination of the relevant price. By signing this contract, the Client agrees to the methodology for price adjustment carried out under the conditions of this clause. In this case, the Client has no right to unilaterally terminate the Contract on the grounds that it does not agree with the new prices.
7.5. (1) The Client pays the price of the service at the beginning of each subscription period.
(2) Payment may be made by one of the following methods:
Bank transfer to the following bank account of the Provider: IBAN: BG70STSA93000030541705, BIC: STSABGSF At bank: DSK
Payment via DSK POS terminal – when choosing this payment method, you will be automatically redirected to a DSK server, where your identification takes place. On the payment screen you must enter your card details and a secret identification code, after which the card payment is authorized. Upon successful payment, DSK returns a response confirming the successful transaction and your access to the subscription service is activated. Upon unsuccessful payment, DSK returns a response indicating an unsuccessful transaction.
(3) When making a bank payment, the Client must state the order number in the "Reason for payment" field. In the event of an incorrectly completed field, the Provider is not liable if the payment is not recorded in time.
7.6. Any payment received that cannot be recorded by the Provider will be refunded to the respective payer.
8.1. The contract between the parties is terminated upon expiry of the contract term.
8.2. The contract may be terminated by mutual agreement between the parties.
8.3. The contract may be terminated unilaterally by the Client, in which case the Client owes the Provider a penalty in accordance with the conditions of Art. 9.1 below.
8.4. If the Client is more than 7 (seven) calendar days late in paying the remuneration for a given service, the Provider has the right to terminate the Contract with respect to that service.
8.5. The Provider has the right to restrict and/or terminate the provision of the Service to a Client who has stated that they wish to continue receiving the service for a new subscription period but has not paid the amount due. If the Client is more than 7 (seven) calendar days late in paying the remuneration for the new subscription period, the Provider has the right to terminate the Contract with respect to that service.
8.6. The Provider has the right, at its discretion, without giving notice and without owing compensation, to unilaterally terminate the contract concluded with the Client, if it establishes that the services provided are being used in violation of the legislation of the Republic of Bulgaria or in violation of these general terms.
8.7. The retention period for data on virtual servers that have not been renewed or have been suspended due to breach of the terms of the Contract or these General Terms depends on the Provider's technical ability to store the data, but shall not exceed 30 days. Upon expiry of the period under this clause, or upon receipt of express instructions from the Client, the Provider shall completely delete the servers.
9.1. If the Client terminates the contract on the grounds of Art. 8.3 of these General Terms:
it owes the Provider a penalty in the amount of the remuneration due up to the remaining term of the contract (in accordance with the plan it has chosen); if the Client has paid the Provider's remuneration under the contract in full, the latter has the right to retain the remainder as compensation.
9.2. Where the contract is terminated on the grounds of Art. 8.4 and Art. 8.5 of the General Terms, the Client owes a penalty in the amount of the remuneration up to the remaining period of the contract.
9.3. In the event of delayed payment of an amount owed by the Client, the Provider has the right to a penalty of 0.5% of the amount due for each day of delay until full payment. The penalty is payable no later than together with the monthly fee due for the following month. If the delay continues for more than 7 (seven) calendar days, the Provider may terminate the Contract under the conditions of Art. 8.4 above.
9.4. Notwithstanding the provisions of this section, in the event of culpable non-performance of its obligations under this contract, the Client owes the Provider compensation for all direct damages suffered that are a direct and immediate consequence of the non-performance of the contract.
10.1. The Client bears sole responsibility for the content of the data received, stored or sent by it through the service. The Client's service may not contain content that the Client has no right to broadcast under applicable legislation, including but not limited to: prohibitions on advertising, home shopping, lotteries, gambling, games and telemarketing, etc. Furthermore, the Client bears sole responsibility with respect to intellectual property rights (copyright and related rights) over the content of its service under applicable legislation. Applicable legislation means all present or future laws, regulations, directives or conventions adopted by any competent authority in any country that have control over the activities covered by this contract, insofar as such laws or secondary legislation were in force at the time the services were provided.
10.2. The Client undertakes to indemnify and hold the Provider harmless against legal claims and other claims by third parties, regardless of whether they are well-founded or not, for all damages and costs, including attorney's fees and court costs, arising from or in connection with:
non-performance of any of the obligations under this contract; infringement of copyright, producer rights, broadcasting rights or other intellectual or industrial property rights; and unlawful transfer to other persons of the rights granted to the Client, for the term and under the conditions of the contract.
10.3. The Provider is not liable for damages caused by the Client to third parties.
10.4. The Provider is not liable for property or non-property damages, expressed as lost profits or damages suffered, caused to the Client in the process of using or not using the Service.
10.5. The Provider is not liable for changes in the type or functionality of external providers such as cPanel, LiteSpeed and others.
11.1 The Provider takes measures to protect the personal data of the User in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), and the Personal Data Protection Act.
11.2 The Provider processes Users' personal data on the basis of Art. 6(1)(b) of the GDPR – the processing is necessary for the performance of a contract to which the data subject is a party.
11.3 The Provider has published information regarding the personal data it processes and the purposes for which it processes them, as well as all required information under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), in the Mandatory Information on the Rights of Data Subjects under Personal Data Protection, available at https://forge.bg/privacy-policy/, which the User declares, by accepting these general terms, that they have read and agree to.
11.4 In providing the service, the Provider acts solely on the instructions of the User of the service and only insofar as it can have control over the personal data processed by the user. The contract for use of the service and the use of its functions and capabilities made available by the Provider as part of the service constitute the exhaustive and express instructions of the user of the service to the obligated party (the service provider). In this sense, the Provider (the service provider) has no control over the content and data that the user of the service chooses to load into the service (including whether or not such data includes personal data). In this case, the Provider plays no role in deciding whether the user uses the service to process personal data, for what purposes, and whether such data is protected. Accordingly, the Provider's liability in this case is limited to 1) compliance with the user's instructions as described in the contract for the provision of the service, and 2) the provision of information about the service and its functionalities through its interface. In this case of hosting services provided by the Provider, the Provider has no control over and no liability for the personal data processed by the user of the service.
11.5 For reasons of security of Users' personal data, the Provider will only send data to the e-mail address indicated by the User at the time of registration.
12.1. The parties are not liable for non-performance of their obligations in the event of force majeure, for the period during which the force majeure or fortuitous event lasts. While the force majeure or fortuitous event lasts, performance of the obligations and the related counter-obligations is suspended. The lapsing of obligations in this case does not apply to overdue payments that became due before the occurrence of the force majeure circumstances.
12.2. Force majeure means any unforeseen or unavoidable event of an extraordinary nature, arising after the conclusion of the contract. Such circumstances include, the list being non-exhaustive: earthquakes, floods, fires or other natural disasters, epidemics; war, revolution, insurrection, riot or other civil events, industrial or other accidents; acts of terrorism; an act of a competent state, regulatory, administrative or judicial authority by which performance of the contract may be temporarily suspended or terminated. Actions of third parties beyond the Provider's control that have placed the Provider in objective impossibility to provide the services are also considered force majeure circumstances.
12.3. The party affected by force majeure must notify the other party in writing of the occurrence of the force majeure circumstances, the anticipated consequences, and the expected duration of its inability to perform its obligations under the contract.
12.4. If, as a result of force majeure, the performance of a party's obligations is only partially affected, that party will remain liable for the performance of the obligations not affected by the force majeure.
12.5. Any unperformed obligation, the non-performance of which is due to force majeure, must be performed by the affected party when it becomes possible, after the force majeure ceases, except in cases where such performance is no longer practically feasible or is no longer required by the other party.
12.6. If the force majeure circumstances continue for more than 30 days, either party may terminate the service affected by force majeure without owing compensation, by sending written notice with return receipt. In this case, termination does not release the Client from payment obligations that arose before the date of termination.
13.1. All materials provided on this website, all editorial materials, photographs, illustrations and other graphic materials, names, logos, trademarks and service marks are subject to intellectual property rights protected by the Copyright Act and other laws protecting intellectual property, and may not be used in violation of applicable legislation. In the event of copying or reproduction of information beyond what is permitted, as well as any other infringement of intellectual property rights over the Provider's resources, the Provider has the right to claim compensation in full for the direct and indirect damages suffered. Except in cases expressly agreed, the Client may not reproduce, modify, delete, publish, distribute or otherwise disseminate the informational resources published on the Provider's website.
13.2. The Provider does not cede, and the Client does not acquire, copyright and/or other intellectual property rights to software in connection with the services provided by the Provider to the Client.
13.3. The Provider reserves the right to restrict or completely exclude websites that use third-party intellectual property, for one reason or another, on its website, without the consent of the actual owner who may offer such property for a fee.
13.4. The Client gratuitously grants the Provider the non-exclusive right to use its company name and/or trademark, as follows:
as part of the Provider's marketing and presentation materials; in a client list published on the Provider's website.
13.5. During the term of the Contract and for a period of 1 year thereafter, each party undertakes not to disclose to third parties and to keep confidential facts, information, decisions and data related to the business activity of the other party, provided under conditions of confidentiality, or which may reasonably be assumed, given the circumstances, to constitute confidential information. Each party undertakes to require its employees and subcontractors to comply with the same confidentiality restrictions. The commercial parameters and conditions of the Contract constitute confidential information.
14.1. The headings in these General Terms are used for convenience only and do not affect the interpretation of the individual texts, including the intent of the Parties.
14.2. The Provider reserves the right to change these General Terms at any time. When a change is made, the updated version of the General Terms will be published on the Provider's website https://forge.bg and will enter into force immediately upon publication. The Provider sends an informational e-mail regarding the update made to the General Terms, and they enter into force 30 days after the Client receives the message from the Provider.
These general terms and conditions were adopted by Web Forge Ltd on 12.02.2024 and enter into force as of 12.02.2024.
Please read carefully the terms described below, as upon their acceptance you conclude a contract with a virtual server provider, managed by "Web Forge" Ltd, and certain rights and obligations arise for you, subject to the rules set out below.
Art. 1. These general terms are intended to govern the relations between "Web Forge" Ltd, Burgas, 33 Radi Nikolov St., UIC 207655583, hereinafter referred to as the PROVIDER, and the clients, hereinafter referred to as USERS, regarding the provision and maintenance of a managed virtual server provided by it, hereinafter referred to as the Services.
Art. 2. (1) Managed VPS is a hosting service (hereinafter referred to as Managed VPS), in which the User receives a virtually separate, independent server maintained by the Provider;
(2) Users of the Service are exclusively legal entities that conclude a contract with the Provider and wish to use the Managed VPS service for the purpose of carrying out their professional or commercial activity. Users are legal entities represented by their legal representatives or duly authorized persons.
(3) The Owner is the legal entity that made the first payment for the Managed VPS service, to which an invoice for that payment was issued. If the first payment was not made by a legal entity, the Owner is the contact natural person indicated in the profile created for use of Managed VPS.
(4) The Services under these general terms also include the services of administration and technical support of the virtual server, monitoring and maintenance of content backup.
Art. 3. Information pursuant to the Electronic Commerce Act:
Name of the Provider: "Web Forge" Ltd Registered office and management address: 33 Radi Nikolov St. Address of business activity: Burgas, 33 Radi Nikolov St., 2nd floor, apt. 14 Correspondence details: Burgas, 33 Radi Nikolov St., 2nd floor, apt. 14, Email: office@forge.bg, tel: 0893688309 VAT registration No. BG207655583.
Art. 4. The Service provided by the Provider to the User includes the following:
4.1. Provision of round-the-clock technical support for the virtual server;
4.2. Guarantee of a resource that is not shared with other client applications;
4.3. Provision of round-the-clock monitoring and response to problems that arise;
4.4. Regular backup of the server's content, in accordance with the Provider's policies, available at: https://forge.bg/obshti-uslovia-za-izpolzvane-na-uslugata-virtualen-sarvar/
Art. 5. (1) The Provider provides, and Users use, the Service in accordance with the parameters of the offered service.
(2) The Provider provides the Service within the scope of good-faith, reasonable, and practice- and custom-accepted use. The Provider sets out an illustrative list of bad-faith use and technical and software restrictions of the Service in the Policies.
(3) In the event of a deviation from use as set out in para. 2 is established, the Provider has the right to temporarily or permanently restrict or terminate the provision of the service.
Art. 6. (1) The Provider provides the Service against remuneration owed by the User, which is fixed on a monthly basis and actually based on the parameters of the offered service.
Art. 7. (1) The User pays the price of the service at the beginning of each subscription period.
(2) The Provider confirms receipt of the first payment by activating the service, and subsequent payments by extending the term of use thereof.
(3) In order to make payment for the service, the Provider must issue an electronic invoice in the name of the person who is to pay for the service and send it to the e-mail address indicated by that person, or, in the absence thereof, to the e-mail address indicated by the User. Regardless of the making of payment and issuance of an invoice, the party to this contract and holder of the rights to the hosting service is the Owner.
Art. 8. The Provider ensures the server's connectivity to the Internet and the proper functioning of the technical equipment.
Art. 9. The Provider gives the User the opportunity to use a standalone e-mail service.
Art. 10. (1) The User has the right to use the Service in good faith and for its intended purpose.
Art. 11. The User undertakes not to use the Service for the following:
To publish, distribute or provide in any way data, messages, text, computer files or other materials that contradict Bulgarian legislation, applicable foreign laws, these terms, Internet ethics or good morals, and which violate the rights of third parties, such as: Copyright or related rights, registered trademarks, patents or other intellectual property rights, ownership rights, as well as any other property or non-property rights or legitimate interests of third parties; Constituting trade, professional or personal secrets or other confidential information; To publish, distribute or provide software or other computer files containing viruses or other risky programs or their components. To publish or transfer pornographic and illegal materials. To publish data, messages, text, computer files or other materials containing a threat to human life and bodily integrity, propagating discrimination, preaching fascist, racist or other undemocratic ideology, the content of which violates human rights or freedoms under the Constitution and laws of the Republic of Bulgaria or international acts, calling for forcible change of the constitutionally established order, for the commission of a crime, etc.
Art. 12. (1) With a view to improving the quality of the Service, carrying out maintenance, repairing faults and other related activities, the Provider has the right to temporarily restrict or suspend the provision of the service.
(2) In the cases under para. 1, the Provider is obliged to promptly restore the provision of the service after the circumstance that caused the suspension has ceased.
Art. 13. The User has the right to terminate this contract by unilateral notice to the Provider within 30 days of a change in the characteristics of the service made by the Provider.
Art. 14. The Provider provides technical support to Users of the service.
Art. 15. (1) The Provider takes measures to protect the personal data of the User in accordance with the Personal Data Protection Act.
(2) For reasons of security of Users' personal data, the Provider will only send data to the e-mail address indicated by the User at the time of registration.
Art. 16. (1) At any time before, during or after the provision of the Service, the Provider has the right to require the User to identify themselves and to confirm the accuracy of any of the circumstances and personal data declared at the time of registration.
Art. 17. (1) These general terms may be amended by the Provider, of which the latter will notify all Users of the service in an appropriate manner.
(2) The Provider and the User agree that any addition or amendment to these general terms will take effect with respect to the User after the User has been expressly notified by the Provider, and provided that the User does not declare, within the 14-day period given, that they reject them.
(3) The User agrees that all statements of the Provider regarding the amendment of these general terms will be sent to the e-mail address indicated by the User upon registration for use of the Service. The User of the service agrees that e-mails sent under this clause need not be signed with an electronic signature in order to be effective with respect to them.
Art. 19. The contract for the provision of the Service is terminated:
upon expiry of the term of the contract; upon termination and declaration of liquidation or bankruptcy of one of the parties to the contract; by mutual agreement of the parties in writing; in the event of objective impossibility of either party to the contract to perform its obligations; upon seizure or sealing of the equipment by state authorities.
Art. 20. The Provider has the right, at its discretion, without giving notice and without owing compensation, to unilaterally terminate the contract, if it establishes that the services provided are being used in violation of these general terms, the Policies adopted by the Provider, the legislation of the Republic of Bulgaria, generally accepted moral norms, or the generally accepted rules for use of the "Managed VPS" service.
Art. 21. (1) In the event that the User terminates this contract early, the User owes the Provider a penalty in the amount of the remuneration due for the remaining period of the contract.
(2) If the Provider has received the full amount for the term of the contract, the remuneration paid by the User shall be deemed compensation to the Provider for early termination of the contract.
(3) In the event that this contract is unilaterally terminated by the Provider due to culpable non-performance of the User's obligations, the latter owes the Provider a penalty in the amount of the remuneration due for the remaining period of the contract.
Art. 22. In the event of culpable non-performance of the User's obligations regarding provision of the Service, the Provider has the right to a penalty in the amount of the remuneration due for the remaining period of the contract.
Art. 23. In the event of a complaint from a third party regarding use of the service in violation of statutory provisions, the rules of morality or the provisions of these general terms, the parties agree that the Provider has the right to temporarily restrict the provision of the service or access to the User's information until the case is clarified.
Art. 24. The User undertakes to indemnify and hold the Provider harmless against legal claims and other claims by third parties (regardless of whether they are well-founded or not), for all damages and costs (including attorney's fees and court costs), arising from or in connection with (1) non-performance of any of the obligations under this contract, (2) infringement of copyright, producer rights, broadcasting rights or other intellectual or industrial property rights, and (3) unlawful transfer to other persons of the rights granted to the User, for the term and under the conditions of the contract.
Art. 25. The Provider is not liable in the event of inability to provide connectivity or functioning of the technical equipment for a certain period of time due to force majeure, accidental events, Internet problems, technical or other objective reasons, including orders of competent state authorities.
Art. 26. (1) The Provider is not liable for damages caused by the User to third parties.
(2) The Provider is not liable for property or non-property damages, expressed as lost profits or damages suffered, caused to the User in the process of using or not using the Service.
(3) The Provider is not liable for the time during which the Service was not provided to the User on the grounds of Art. 25.
Art. 27. (1) The Provider is not liable in cases of circumvention of the security measures of the technical equipment through which the service is provided, resulting in loss of information, distribution of information, access to information, restriction of access to information, alteration of information published on the User's websites, and other similar consequences.
(2) The Provider is not liable in the event of provision of access to information, loss or alteration of data or parameters of the Service, occurring as a result of false identification by a third party representing themselves as the User, if it may be inferred from the circumstances that the person is the User.
Art. 28 (1) The Provider takes measures to protect the personal data of the User in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), and the Personal Data Protection Act.
(2) The Provider processes Users' personal data on the basis of Art. 6(1)(b) of the GDPR – the processing is necessary for the performance of a contract to which the data subject is a party.
(3) The Provider has published information regarding the personal data it processes and the purposes for which it processes them, as well as all required information under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), in the Mandatory Information on the Rights of Data Subjects under Personal Data Protection, available at https://webforge.bg/politika-za-obrabotvane-na-lichni-danni/, which the User declares, by accepting these general terms, that they have read and agree to.
(4) In providing the service, the Provider acts solely on the instructions of the User of the service and only insofar as it can have control over the personal data processed by the user. The contract for use of the service and the use of its functions and capabilities made available by the Provider as part of the service constitute the exhaustive and express instructions of the user of the service to the obligated party (the service provider). In this sense, the Provider (the service provider) has no control over the content and data that the user of the service chooses to load into the service (including whether or not such data includes personal data). In this case, the Provider plays no role in deciding whether the user uses the service to process personal data, for what purposes, and whether such data is protected. Accordingly, the Provider's liability in this case is limited to 1) compliance with the user's instructions as described in the contract for the provision of the service, and 2) the provision of information about the service and its functionalities through its interface. In this case of hosting services provided by the Provider, the Provider has no control over and no liability for the personal data processed by the user of the service.
(5) For reasons of security of Users' personal data, the Provider will only send data to the e-mail address indicated by the User at the time of registration.
Art. 29. (1) The User and the Provider undertake to mutually protect their rights and legitimate interests, as well as to keep confidential any trade secrets that have come to their knowledge in the course of performance of the contract and these general terms.
(2) The User and the Provider undertake, during and after expiry of the term of the contract, not to make public any written or oral correspondence conducted between them. Publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc., shall be deemed to constitute making it public.
Art. 30. In the event of a conflict between these general terms and arrangements in a special contract between the Provider and the User, the clauses of the special contract shall prevail.
Art. 31. The possible invalidity of any provision of these general terms shall not render the entire contract invalid.
Art. 32. All disputes arising from these general terms or relating to them, if they cannot be settled amicably between the Provider and the User through negotiations, shall be referred for resolution to the Arbitration Court at the Bulgarian Chamber of Commerce and Industry, in accordance with its Rules for Cases Based on Arbitration Agreements, with Bulgarian law being applicable.
Art. 33. For matters not settled in this contract relating to its performance and interpretation, the laws of the Republic of Bulgaria and the Policies shall apply.
Art. 34. These general terms enter into force for all Users on 22 October 2020.
Art. 36. The Policies for use of the "Managed Virtual Server (Managed VPS)" service are published at: https://webforge.bg/politika-za-managed-vps
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