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Terms and conditions for subscription for PDS – Projects Database System – a digital database of “Balpex” Ltd., Sofia
These terms and conditions govern the manner, order and conditions of subscription for PDS – Projects Database System – digital database with information about the current building and infrastructure projects in Bulgaria. The following terms and conditions constitute a CONTRACT between the Subscribers and Balpex Ltd. / Provider/.
Balpex Ltd. reserves the right to modify the present general terms and conditions at any time, as the changes will be published in a timely manner on the www.pds.bg website along with a message for the change.
I. I. General
For the purpose of these terms and conditions the listed concepts are used with the following meanings:
• A “Subscriber” or “User” is an individual or legal entity that purchases subscription for the digital database from the Provider.
• A “digital database” or just “database” is a set of data arranged systematically or methodically and accessible by electronic or other means with information about the actual building or infrastructure projects in Bulgaria: presentation of all projects to date, specified in the system as well as information about the stage of construction, architect, contractor, investor, gross floor area and suppliers. The database is subject to periodic updates in conjunction with the existing products as well as new ones for which the Subscriber is receiving a newsletter on the e-mail specified upon registration.
Subscription is performed on the www.pds.bg website by completing the registration form, package of choice and the period.
When completing the registration, the subscriber is obliged to provide accurate data. In case of data update or change, the subscriber is obliged to promptly notify and update the data referred to in the registration.
By confirming and completing the registration the Subscriber agrees to be bound to these terms and conditions and any subsequent changes that may appear.
After the receipt of payment the access to the database is activated and the Subscriber receives an email with validation of the username and password entered during the registration process.
The account is set to be used by only one user at a time.
With the confirmation of the application the Subscriber – person declares that he/ she is aware that pursuant to Art. 57, pt. 13 of the Law on Sunscriber Protection, after giving consent for commencement of the subscription, he/ she loses the right to withdraw from the contract, concluded at a distance, that these general conditions materialize. By confirming the application and paying the price of the subscription the Subscriber gives his explicit consent to the provider to commerce the service (access to the digital content which is not supplied on a tangible medium).
III. III. Prices and payment method
All prices are in Bulgarian Lev, VAT included.
The subscription to the digital database is performed by the option mentioned below:
– By paying the subscription by bank transfer to the following account of “Balpex” Ltd.: IBAN: BG81 UBBS 8002 1005 2447 20, BIC: UBBSBGSF; Bank: UBB;
The original invoice for the payment shall be sent to the specified e-mail address by the Subscriber.
IV. IV. Subscription period
The subscription period depends on the number of consecutive months, which were signed and determined by the Subscriber.
For the duration of the subscription period the Subscriber gets access at a selected time and place, using the username and password for the PDS – Projects Database System database of Balplex Ltd. as well as newsletters ( at the previously stated e-mail address) for new information or changes to the database.
V. Rights and obligations of the Subscriber
1. The subscriber is entitled to access all the available information according to the chosen subscription package.
2. The subscriber is entitled to receive newsletters and choose their periodicity at the previously selected e-mail address.
3. The subscriber bears full responsibility for protecting their username and password and for all the acts performed by him or a third person using the username and password. The user is obliged to immediately notify the Provider in case of unauthorized access using their username and password and whenever there is a risk of such use.
4. Each user is obliged:
• not to violate and to respect the laws of the Republic of Bulgaria and any other recognized international acts, the rules of morality and decency, while using the service provided;
• not to violate foreign material or moral rights or interests such as property rights, including rights to trademarks, designs and other intellectual property;
• not to use, send, transmit, distribute or use third-party software in any way, such as computer programs, files, applications and other applications owned by the Provider;
• not to perform malicious actions;
5. If accepting these terms and conditions the Consumer/ Subscriber agrees that any personal data provided by him upon registration can be processed by Balpex Ltd., including for the purpose of direct marketing.
6. The Consumer/ Subscriber agrees to receive promotional, advertising and unsolicited commercial messages to other products and services offered by Balpex Ltd.
VI. Rights and obligations of the Contractor
1. The supplier has the obligation to update periodically information in the database and to add new projects for which there is information but does not guarantee the accuracy or completeness thereof.
2. The Contractor shall send a bulletin to that in the registration email and frequency according specified by the user.
3. The supplier is the administrator of personal data registered under the Data Protection IDs. with number 260220 and guarantee the inviolability of information containing personal data provided by subscribers. Disclosure is only possible when the information is required by state organs or officials authorized by law to request and collect information containing personal data and subject to the statutory order.
4. The supplier shall not be liable for breach of its obligations for the supply of subscription in case of random events and circumstances beyond the control of Supplier, problems in the global network more.
5. The Provider is not responsible for any damages or lost profits, arising from the use, access to or the untrustworthiness of the contents of the database.
6. Contractor shall be entitled at any time, without notifying the user when he uses the Services in violation of these conditions, terminate, suspend or change the services provided. In this case the Provider is not liable for lost profits of the User.
VII. Returns and termination of contract
1. The received complaints about problems in the database and / or non-delivery of the newsletter is seen within three (3) working days, then Client / Subscriber shall be informed of the measures taken.
2. In a systemic problem with the delivery of electronic newsletters (late delivery or non-receipt of the requested address) "Balpex" Ltd. provides the Client / Subscriber opportunity to change the email address to receive newsletters.
3. The contract for the service is terminated upon the expiration of selected during the registration period.
4. Client / Subscriber may terminate your subscription early, using subscription is recalculated at the price of a monthly subscription amount for the remaining period shall be reimbursed. For this purpose, the Client / Subscriber must declare / apply for a waiver of subscription e-mail: firstname.lastname@example.org, and to designate a bank account, which can be refunded the amount. The subscription is terminated by the beginning of next month.
VIII. Intellectual Property Rights
1. All copyrights on PDS - Project Database System belongs to "Balpex Ltd" and are subject to protection under the current Law on Copyright and Related Rights. Their use in any form without the express prior written consent of the provider is prohibited.
2. The subscriber is entitled to use objects of intellectual property under the conditions of these terms and conditions for the period of paid subscription plan.
3. In the event of an established violation or suspected violation of the intellectual property rights of the Contractor is entitled to suspend or permanent use of the database. In this case the Provider is not liable for lost profits of the User.
IX. Other provisions
1. All statements between "Balpex" Ltd and Subscribers in connection with the execution of this contract will be carried out in electronic form of electronic addresses of the parties.
2. For this outstanding contract issues related to the implementation and interpretation of these terms and conditions shall apply the laws of the Republic of Bulgaria.
3. These terms and conditions shall enter into force for all subscribers 01.09.2016.