vision22 EOOD

vision22 EOOD
62, Tsar Samuil
1301 Sofia
Bulgaria

contact (at) vision22.net

Anyone who visits our website or uses our services, whether free or paid.

The terms and conditions

1. Definitions

• Content

  means the information, photographs, graphics, and other material on the Web Site, provided by you.

• Module

  means Software, graphics, and other material used as a building block in your website and written or produced by us or by some third party for uses not limited to use on your website.

• Project

  means any work we do for you, separately identifiable from any other work.

• Services

  means all or any service provided by us.

• Software

  means software, graphics or other intellectual property provided by us. It includes both the Software in a completed Project and individual Modules or other divided parts.

• Website

  means any website or page or feature on which we work for you.

• we, us, etc

  means vision22 EOOD. Where the context permits it also includes any business company or individual who shares an interest in the sale of any goods or service promoted on the Web Site. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner.

• you, yours, etc

  means you, the party to this agreement.

2. Basis of contract

• 2.1.

  Subject to the terms set out in this document we agree to provide to you one or more of the Services described on our web site at www.vision22.net or any site accesses using a similar name ("the Services") at the prices we charge from time to time. We now refer to the prices of Services we sell to you as the "Price".

• 2.2.

  If you instruct us in some way outside of our website, then the terms set out on our website shall apply to that other or additional work.

• 2.3.

  The information on our Web site is to be treated in law as an invitation to you to make an offer, and is not itself an offer. Accordingly, there is no contract between us until we have accepted you as a client/customer after we have received your payment.

• 2.4.

  We shall fulfill our obligations under this agreement through work in any country in which we choose to operate. The level of duty of care imposed on us shall never be greater than the level generally accepted in that country.

• 2.5

  In respect of additional or secondary Services, the contract between us comes into existence when we accept your order for the work concerned.

• 2.6

  We are free to refuse your order or to offer to supply you at a different price or under different conditions.

• 2.7

  This document forms the basis of the contract between us automatically upon our acceptance.

• 2.8

  If we provide a service to you free of charge, your obligations under this contract still apply, with the exception of provisions relating to payment. We have no obligations.

3. Identification of the Service

You acknowledge that:

• 3.1.

  you buy as a business and not as a consumer

• 3.2.

  you understand exactly what is included in the Services you have ordered

• 3.3.

  you are satisfied that the Services are suitable for your requirements

• 3.4.

  in entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Price and the Services given on our web site or provided to you directly by us.

4. Price increase

The Price set out on our web site may increase it at any time. If you are a client, we will give you 28 days or month's notice of any increase in the Price. Prices granted due to a quote to you are binding for 14 days and may not increased without 28 days or month's notice.

5. Payment and value added tax

• 5.1.

  You agree to pay the Price for the Services. Value Added Tax is payable by bulgarian clients and may be payable by other clients in the European Union. If you can satisfy us that you are resident in a country not liable to value added tax, then we shall not charge it to you.

• 5.2.

  You may pay by:

  • 5.2.1.

    credit or debit card, as accepted from time to time by MoneyBookers Ltd.;

  • 5.2.2.

    money transfer to our bank, details of which will be provided on request.

• 5.3.

  However you pay, it is your responsibility to make sure cleared funds are in our account by the due date. Ongoing provision of Services to you is at risk if you do not arrange to pay us promptly.

6. Consent to use of personal data

• 6.1.

  (This paragraph has been included primarily to enable us to comply with the laws of countries within which we operate and should not be taken as evidence that we have any intention to use your data in a way that could cause loss, damage or embarrassment to you. This paragraph does not reduce your statutory legal rights).

• 6.2.

  So far as the law of any country may control the way we gather, store and use data, you now agree that in respect of any data provided by you or arising out of your use of our Services or of this website:

  • 6.2.1.

    we may store your data for up to six years (the limit period for bringing a legal action in most countries)

  • 6.2.2.

    we may send your data to any country for either processing or storage

  • 6.2.3.

    you accept that we may process your data automatically, rather than manually

7. Termination

• 7.1.

  You may terminate this agreement in accordance with any free trial period or other promotional terms we have offered to you at the time of your entering into the contract.If you do so, the terms of this agreement still apply so far as not inconsistent with the terms of the promotional offer.

• 7.2.

  This agreement between us terminates when we have provided the Services you have ordered.If one of us tries to terminate the agreement while either of us still has outstanding obligations of any sort, to the other, then the termination takes effect only so far as concerns parts of the agreement which cannot any longer be relevant to the outstanding obligations.

• 7.3.

  The license set out below comes into effect when we provide any part of the Service to you, without reference to this agreement.

• 7.4.

  We may terminate this agreement, without notice, if you fail to make a payment when it becomes due or otherwise fail to comply with any other of these terms.

• 7.5.

  After termination of this agreement for any reason, you are not entitled to a refund of any fees paid to us.

8. Confidentiality

• 8.1.

  You are aware that in the course of business you may have access to and be entrusted with information about our, all of which information is confidential.

• 8.2.

  You undertake for yourselves and every employee or sub-contractor whose services you use that neither you nor they will divulge to any person whatever or otherwise make use of (and shall use their best endeavors to prevent the publication or disclosure of) any trade secret or confidential information.

• 8.3.

  You undertake to make all relevant employees, agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by your employees, agents and sub-contractors with these provisions.

• 8.4.

  We accept that we have a high duty to keep safe and confidential all information of any sort about you and your business and operation and our dealings, transactions and affairs.In particular we accept the duty to keep safe and confidential all aspects of your Website and any other IT system to which we may be given access.

9. System and Network Security

• 9.1.

  You agree that you will not, and you will not allow any other person to, violate or attempt to violate any aspect of the security of our systems.

• 9.2.

  You understand that any such violation is unlawful and that any contravention of law may result in criminal prosecution.

• 9.3.

  Examples of violations are:
  • - accessing data unlawfully or without consent
  • - attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures
  • - attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"
  • - forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting
  • - taking any action in order to obtain services to which you are not entitled.

10. Interruption to Services

• 10.1.

  If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.

• 10.2.

  You acknowledges that the Services may also be interrupted for reasons beyond our control.

• 10.3.

  You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

11. Technical support

So far as we are reasonably able, we will provide full technical support for the Services at a pre-agreed Price. Support will be provided by email or some other electronic messaging system.

12. Privacy policy exception

You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.

13. No duty to monitor

We are under no obligation to monitor or record the activity of any client or affiliate for any purpose other than the proper recording of data as intended by this agreement, nor do we assume any responsibility to monitor or police Internet-related activities.

14. Your contact details

You undertake to provide to us your current land address email address fax and telephone numbers as often as they are changed.

15. Limitation of liability

• 15.1.

  We give no warranty in connection with the Services.

• 15.2.

  We do not represent that the Services are suitable for your use.

• 15.3.

  You have not relied on us as "experts" in any area.

• 15.4.

  You agree that in entering into this agreement you have not relied on any representation or other information except the explanation of services and the prices posted on our web site or provided to you directly by us.

• 15.5.

  We accept no responsibility for:
  • - any firewall provision not specified in the Services
  • - any malfunction in any software whether provided by you or by us
  • - any aspect whatever of the Content of your web site.

• 15.6.

  You agree that in any circumstances when we may become liable to you, the limit of our liability for any one event, act or omission is the amount you have paid us in the immediately preceding 12 month period.

• 15.7.

  (for the avoidance of doubt) we shall not be liable to you for loss of profits goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we had been advised of the possibility of your incurring it.

16. You indemnify us

You agree to indemnify us against all costs claims and expense arising directly or indirectly from:

• - your failure to comply with the law of any country
• - the posting by you of any Content on your web site
• - a breach of the intellectual property rights of any person
• - the posting by any third party with or without your knowledge of any material on your web site
• - any action taken or omitted by any third party in relation to your web site
• - any use of your web site for a purpose forbidden by this agreement
• - and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at 50 euro per hour without further proof.

17. Force majeure

• 17.1.

  Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control.

• 17.2.

  Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.

• 17.3.

  If a default due to force majeure continues for more than 6 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.

18. Successors to the agreement

• 18.1.

  The benefit and obligations of this agreement shall be binding on any successor in title.

• 18.2.

  Neither party shall be entitled to assign this agreement nor all or any of their rights and obligations hereunder without the prior written consent of the other.

19. Dispute Resolution

In the event of a dispute arising out of or in connection with this Contract and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the you and us then we both undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

20. Waiver

Failure by us to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.

21. Jurisdiction

This Contract shall be interpreted according to the laws of Bulgaria.

License for use of our website or other intellectual property

1.

Particulars - The parties, date and definitions in this agreement are those in the vision22 EOOD terms and conditions to which this agreement is appended.

2.

This license applies at the date you make your contract with us.The terms may have changed when you make any other license in the future.

3.

Unless otherwise specifically agreed, each Project will consist in part of one or more Modules. Intellectual property in the Modules may be owned by us or by a third party with whom we have contracted.

4.

By this agreement, we grant to you a license to use the Software on one website only.

5.

You may make any modifications to the Software to fit your purpose. If you do, then the modified Software resulting is subject to this agreement as well as the original version.

6.

You may not break up, sub-divide or extract any part of the Software

7.

You may not sub-license, sell or transfer the Software without our consent in writing except that you may sell it as part of a sale of a business provided the buyer signs to a new agreement with us in the terms of this agreement.

8.

You may not copy the Software except for purposes required in the daily operation of your Website and provision of backup copies.

9.

You may not claim ownership of any of the Software. But this license allows you to engage in or defend litigation with any other person in respect of priority of rights to use your Website.

10.

Unless we have agreed to change the Software to your specific instruction, it is supplied "as is" and we give no warranty, express or implied as to its suitability for your use.

11.

We are free to grant other licenses in respect of any of the Software.

12.

Terms of our agreement relating to the performance of the Software are provided in our terms and conditions document. Accordingly, all express and implied warranties in respect of the Software are expressly excluded from this license agreement.

13.

Certain Modules may be the property of a third party.You now undertake to provide to us a full and complete indemnity against all liability in contract or in tort, arising from any claim against by such a third party us for any act or omission by you.

14.

We are not liable to you in any circumstances if you have not paid for our Services.

15.

Jurisdiction: this Contract shall be interpreted according to the laws of Bulgaria.