Business Internet and Data Dedicated Internet AccessGeneral terms

General terms

GENERAL TERMS OF THE CONTRACT FOR DEDICATED INTERNET ACCESS

Subject
Art.1. (1) In accordance with the present General Terms and a concluded written Contract (“the Contract”), “ORBITEL” EAD (“OPERATOR”) shall provide to the CLIENT against payment an information service for dedicated Internet access (“the service”).
(2) The present General Terms are an inseparable part of the Contract.

Term of the Contract. Beginning of the Service Providing
Art.2. (1) The Contract shall enter into force as of the date of its undersigning by both parties.
(2) When the Contract is with a fixed term and in case neither party has opposed in writing with a 30-day notification before the expiration of the term, the contractual validity shall be automatically extended for an indefinite period of time.
(3) The date of signing a Finding Minutes, establishing the start-up of the actual provision of the service and its conformity with the agreed technical parameters shall be considered as the beginning of the provision of the service.

Main Obligation of the OPERATOR and General Restrictions of his Responsibility
Art.3. (1) The OPERATOR shall be obliged to maintain the parameters of the service, set forth in the Contract.
(2) The OPERATOR shall not be liable for service interruption or aggravated quality of the service in case any of the following circumstances appears:
1. The interruption or aggravation of the service quality is due to periodic technical preventions, conducted by the OPERATOR, for which the CLIENT is notified in advance;
2. The CLIENT has failed to meet any of his obligations under the Contract;
3. The service interruption or aggravation of the service quality is due to malicious actions of third parties or to an incorrect operation with technics and equipment by the CLIENT;
4. The service interruption or aggravation of the service quality is due to a reason beyond the OPERATOR’s network.

Main Obligations of the CLIENT
Art.4. (1) The CLIENT shall be obliged to pay in due time the fees to the OPERATOR.
(2) The CLIENT shall be obliged to ensure the OPERATOR assisstance for providing the service, including to provide access to his points of access.
(3) The CLIENT shall be obliged not to commit and not to allow malicious actions related to the use of the service.

Work of the OPERATOR beyond the Technical Maintenance of the Service
Art.5. Upon written request by the CLIENT and against payment of the fee, fixed in the Contract, the OPERATOR may perform work beyond the technical maintenance of the service.

Financial Conditions
Art.6. (1) The fees owed by the CLIENT to the OPERATOR as well as the terms of their payment shall be specified in the Contract.
(2) The fees owed by the CLIENT to the OPERATOR shall be paid via bank transfer, and in cash – with the OPERATOR’s agreement.
(3) The OPERATOR shall issue tax invoices to the CLIENT for the fees due by the latter.
(4) The fees owed by the CLIENT to the OPERATOR, the amount of which is fixed in foreign currency, shall be payable in BGN according to the central rate of exchange fixed by the Bulgarian National Bank at the first working day of the month during which the respective tax invoice is issued.
(5) In case one tax invoice comprises sums owed on different legal grounds and on condition that the payment performed by the CLIENT is not sufficient for paying off all the sums under the invoice, the obligation with the earliest date of payment shall be paid off first of all. In case that all the obligations under the invoice are with equal dates of payment, the paying off shall be performed in the order of listing the obligations in the invoice.
(6) In case two or more tax invoices are issued to the CLIENT and the payment performed by the CLIENT is not sufficient for paying off the sums under the invoices, the obligations under the invoice with the smallest number shall be paid off first of all, and after it – the obligations under the other invoices in ascending order of their numbers.
Sanctions for Non-performance of CLIENTS’s Obligations
Art.7. (1) In case that the CLIENT fails to pay due fee in time and the delay lasts more than 7 (seven) days or the selfsame commits malicious action related to the use of the service, the OPERATOR shall be entitled after a 24 (twenty four) hour written notification to the CLIENT to suspend temporarily the provision of the service. The provision of the service shall be restored when the delayed fee is paid, respectively when the malicious action is discontinued and its effect is removed.
(2) While the provision of the service is suspended in compliance with para.1, the CLIENT shall be obliged to pay the OPERATOR a penalty to the amount of all the fees due when provision of the service is present, payable in the terms specified in the Contract.
(3) In case the CLIENT fails to pay in time a fee due under the Contract, the CLIENT shall owe to the OPERATOR a penalty to the amount of 0.3% (zero point three per cent) of the overdue sum for each day of delay.

Penalty for Service Interruption
Art.8. (1) The CLIENT shall be entitled to penalty for service interruption on condition that within a certain month during the effect of the Contract the service interruption lasts for more than 4 (four) consecutive hours or more than 8 (eight) hours totally, and that it has been caused at the OPERATOR’s fault.
(2) The amount of the penalty shall be specified in the Contract.

Termination of the Contract’s Validity
Art.9. (1) The Contract shall be terminated in the following cases:
1. In case of expiration of the contractual term unless Art.2, para.2 is applied;
2. In case any of the parties hereto ceases its activities with liquidation;
3. By mutual written consent of the parties;
4. Unilaterally, by either party, with a 60-day written advance notification to the other party. During the notification period the Contract shall remain in force and all of its provisions shall apply. In case the CLIENT terminates unilaterally the Contract before the expiration of its initial term, the CLIENT shall owe the OPERATOR penalty to the amount specified in the Contract;
5. Unilaterally, by the OPERATOR, without advance notification, in case the provision of the service or a part of it gets forbidden by a legal regulation enforced by the competent state authorities or clauses, conditions or prices, subject of the Contract, get modified imperatively by a legal regulation.
(2) The Contract may be rescinded under the conditions and the procedure of Art.87 and the following it provisions of the Obligations and Contracts Act.
(3) In case the OPERATOR rescinds the Contract because of CLIENT’s delay for paying a due fee lasting 15 (fifteen) or more days, the latter shall owe the OPERATOR a penalty to the amount specified in the Contract.

Confidentiality
Art.10. (1) The information related to the contents or the performance of the Contract shall be considered confidential and the parties shall be obliged to keep confidential and not to disseminate or to disclose the information to any third parties.
(2) In case either of the parties to the Contract fails to meet any of its obligations, the other party shall be released of the obligation for keeping confidentiality concerning the non-feasance.

Disputes
Art.11. All the disputes between the parties, related to the Contract, shall be settled in the spirit of goodwill and mutual agreement and if that happens to be impossible - by the competent court.
Amendments to the General Terms
Art.12. (1) The present General Terms may be amended by the OPERATOR.
(2) The amendments to the General Terms shall bind the CLIENT in case that the OPERATOR notifies him in writing and the CLIENT does not reject them in writing within the given sufficient term.
Priorities
Art.13. In the event of contradiction between provisions of the different documents, integral parts of the Contract, the provisions in the particular documents shall have priority in the following succession:
1.    The Annexes to the Contract;
2.    The written Contract;
3.    The present General Terms.

Written Correspondence between the OPERATOR and the CLIENT
Art.14. (1) The written correspondence between the parties shall be effected through telegrams with return notices, e-mail or facsimile messages.
(2) In the event that any of the parties changes its address for correspondence, stated in the Contract, the selfsame shall be obliged to inform in writing the other party within 48 hours after the change. The messages sent to the stated address shall be considered duly sent and received within the meaning of this Contract in the event that the obligation pursuant to the preceeding sentence is not met.

Definitions
Art.15. (1) “Dedicated Internet access” is the provision of a dedicated access connection between the global network Internet and the CLIENT’s point/points of access and transportation of IP packages with information from and to Internet resources to and from the CLIENT’s point/points of access.
(2) “Service interruption” shall be present in case that the service is not provided for 30 (thirty) consecutive minutes. The period of interruption continues up to the moment when the provision of the service is resumed. There will be no service interruption if the service is provided with aggravated quality.
(3) “Malicious actions related to the use of the service” shall be considered: actions or inactions violating the Internet ethics or causing damages to persons connected to the Internet or associated networks, sending unsolicited mail (SPAM, JUNK MAIL), overloading of channels (FLOOD), obtaining access to resources with other person’s rights and passwords, taking an advantage of bugs and faults in the systems to one’s own benefit or for obtaining information (HACK), carrying out of actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information databases (CRACK), scanning of ports (PORT SCAN), sending “Trojan horses” or causing installation of viruses or systems for remote control, disturbing the normal operation of other users of the Internet and the associated networks, carrying out of any actions that can be qualified as crimes or administrative offences pursuant to the Bulgarian legislation.
(4) “OPERATOR’s network” is an aggregate of devices, software and connections, in conjunction with their configurations under the direct control of the OPERATOR.
(5) “Technical maintenance of the service” shall be considered actions of the OPERATOR for maintenance and/or restoration of the efficiency of the service in compliance with the parameters set forth in the Contract.

Applicable Law
Art.16. For all issues that have not been settled by this General Terms or the Contract between the parties the provisions of the legislation of the Republic of Bulgaria shall apply.

“Orbitel” EAD