General Terms and Conditions for the "Virtual Servers" (Cloud VPS) Service

1. SUBJECT AND SCOPE OF THE GENERAL TERMS AND CONDITIONS

1.1. These General Terms and Conditions are intended to govern the relations between Jump.BG Ltd., hereinafter referred to as the „Provider“, and Clients, regarding the provision of the Virtual Server - Cloud VPS service, hereinafter referred to as the „Service“.

1.2. These General Terms and Conditions are binding on the Provider and the Client, have an unlimited term and continue to apply as long as the Provider provides services to the Client based on an Order placed through the order form on the Provider's website.

 

2. PROVIDER DETAILS

2.1. Information pursuant to the Electronic Commerce Act and the Consumer Protection Act:

• Name: Jump.BG Ltd.
• Registered seat and management address: Sofia, Vazrazhdane district, 70 Tsaribrodska Street, floor 4
• Address of business activity and address for submitting consumer complaints: Sofia, Vazrazhdane district, 70 Tsaribrodska Street, floor 4
• E-mail for correspondence: office@jump.bg
• Tel.: 02 428 8888
• Entry in public registers: UIC 201416377
• Supervisory authorities:
  • Commission for Personal Data Protection
    • Address: Sofia, 2 „Prof. Tsvetan Lazarov” Blvd.,
    • Tel.: (02) 940 20 46
    • Fax: (02) 940 36 40
    • E-mail: kzld@government.bg, kzld@cpdp.bg
    • Website: www.cpdp.bg
  • Commission for Consumer Protection
    • Address: 1000 Sofia, 4A "Slaveykov" Square, floors 3, 4 and 6
    • Tel.: 02 / 980 25 24
    • Fax: 02 / 988 42 18
    • Hotline: 0700 111 22
    • Website: www.kzp.bg

 

3. CHARACTERISTICS OF THE SERVICE

3.1. Definition of the service

3.1.1. “Virtual Server - Cloud VPS“ is an isolated computing unit that has its own virtual computing resources and its own operating system. The virtual server can be accessed, managed, started, restarted, stopped or deleted independently directly by the Client or upon request to the Provider.

3.1.2. A virtual device on which an open-source operating system is installed, by default a Linux distribution. It has dedicated virtual resources – CPU, RAM, storage, which can be changed. It has its own static real IPv4 address. It has non-guaranteed Internet connectivity in a shared channel – up to 1 Gbps up to a certain amount of traffic, 100 Mbps after the specified traffic is exhausted. It is provided with full administrative access to the machine through the client area (web-based control panel) and through SSH.

3.1.3. The Service is activated after payment of the first (monthly) fee by the Client and after notifying the Client of its activation.

3.1.4. The Service is provided in a Data center used by Jump.BG Ltd. of class Tier 3+ (fully neutral), located in Sofia.

3.1.5. The activation and maintenance of the service is carried out by a specialist of Jump.BG Ltd. The maintenance of the service is performed by submitting a request from the Client, made through the client area.

3.1.6. The Service is considered to be working and fully available if the started Virtual Server - Cloud VPS can be accessed via the Internet and can be managed from the web-based control panel.

3.1.7. The Service is considered to be working and partially available if the started Virtual Server - Cloud VPS can be accessed via the Internet, but the web-based control panel for its management is not available.

3.1.8. In any other state, different from items 3.1.6. and 3.1.7., the service is considered non-working and unavailable.

3.2. Management of the service. The Client receives access to a client area, through which they have the option to:

(1) start, stop and restart their Virtual server;

(2) access their Virtual server through a java-based VNC console;

(3) install and reinstall their Virtual server through a set of operating system templates;

(4) recover their password for access to their Virtual server if they have forgotten it;

(5) increase or decrease the resources of their Virtual server;

(6) monitor in real time various statistics regarding the service, such as for example statistics on the processor load, statistics on the network of the Virtual server, and others;

(7) create and manage additional user accounts to which they may delegate full or partial access to the functions of the web-based control panel;

(8) receive assistance, in case they have questions or problems with the Virtual server, through the Support Center in the web-based control panel;

(9) purchase additional Virtual servers or additional services.

3.3. (1) The Provider provides the Service in accordance with the parameters of the respective subscription plan selected by the Client. The parameters of the initially selected subscription plan may be changed at the Client's request, by increasing or decreasing them (where permissible and in accordance with these General Terms and Conditions).

(2) The Client has the option to request an increase of any of the service parameters through the client area at any time.

(3) The Client may request a decrease of any service parameter, with the exception of the following parameters: the size of the NVMe SSD disk. The Client may not request a decrease of the service parameters below the base configuration of the server that they have purchased. The parameters of the base configuration are specified in the client area.

(4) In case the Client has requested to increase a service parameter that is not subject to change in accordance with the preceding paragraph, then the Client may not request the decrease of this parameter to the size of the base configuration of the server. In case a service parameter that is not subject to change is increased, then this parameter retains this configuration until the termination of the contract between the parties.

3.4. When selecting the „Storage space for archives“ option, the Client receives the option to archive the Virtual server. During archiving, a compressed snapshot is made of the disk on which the operating system and the data are located. Archiving can be performed periodically - automatically at a time predefined by the Client or as a one-time event. Configuring the automatic archiving or performing a one-time archiving is done through the client area. When the purchased disk space for storing archives is filled, no subsequent archives are made. The Client has the option to purchase additional space or to delete old archives through options in the client area.

3.5. During the automatic creation of the Virtual server, a random password for access to it is generated. This password is visible in the client area. For greater security, the Provider recommends that the Client change the password through the server itself, so that it is different from the generated one. In case the Client forgets their password, they have the option to recover it through an option in the client area.

3.6. As part of this service, the Provider provides the Client with one or more usernames and passwords for access to the resources or their management. The Client bears full responsibility for safeguarding these usernames and passwords, as well as for all circumstances arising from their use.

3.7. The Provider is not responsible for the actions of additional user accounts that the Client has created and to which they have granted access to the management of their services through the client area.

3.8. The content that is located on the servers is provided entirely by the Client. The Provider bears no responsibility for this content, nor for circumstances arising as a result of the placement and use of this content, nor for circumstances arising as a result of the use of the service by the Client or third parties.

3.9. The Client does not acquire ownership rights over the equipment that has been provided to them in order to use the service.

 

4. TERM OF THE SERVICE

4.1. The Service is provided on a subscription basis. The Service is provided for a minimum term of one month.

4.2. The contract for the service enters into force from the moment of payment of the first monthly fee by the Client.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Provider undertakes:

(1) to provide and ensure the agreed services in accordance with specifications agreed with the Client;

(2) to provide technical support for the service in accordance with the subscription plan selected by the Client;

(3) to provide the Client with an administrator panel for administering the Service and access to its functionalities;

(4) to maintain around the clock the Parameters of the agreed services and their connectivity;

(5) in cases where there is scheduled maintenance that may lead to an interruption or deterioration of the quality of the services, to notify the Client under the conditions provided in the Contract.

5.2. The Provider has the right:

(1) to receive remuneration from the Client for the provided Service;

(2) to carry out constant supervision of the technical condition of the Service and to give guidelines and instructions to the Client for the correct use of the Service;

(3) to limit the Parameters or to 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 limit the Parameters or to interrupt the provision of the Service to the Client in order to protect 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 perform 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 limit or terminate temporarily and permanently the use of the Service, if it establishes that the Client uses them in bad faith or in violation of Bulgarian legislation, good morals and in violation of these general terms and conditions.

5.3. (1) The Provider provides the necessary assistance to the judicial authorities, the prosecutor's office, the investigation and the Ministry of Interior in the exercise of control and actions on their part, by providing information about the personal data of the Client 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) In carrying out the actions under para. 1, the Provider is not obliged to notify the Client, except in cases expressly defined by law.

(3) The Client has no right to claim compensation for damages as a result of the Provider's actions under para. 1.

5.4. 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 protect the good name and commercial reputation of the Provider, as well as not to use the services in a manner that may lead to 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 in providing the Service and resolving problems related to it, as well as to provide access for the Provider's representatives to the end points of provision of the Service located in their possession;

(6) to use and manage the Service only remotely (from a distance) through the name and password for administrative access provided by the Provider;

(7) not to use the functionality of the Service in a manner that does not correspond to its intended purpose (for example creating a proxy, etc.).

(8) to install independently software that they will use on the server, outside the software expressly provided by the Provider upon activation of the Service;

(9) to provide true and up-to-date data that has been requested from them by the Provider. The Client is obliged to inform the Provider in case of a change in the provided data;

(10) The Client undertakes to carry out their activity lawfully, ensuring the availability of all necessary rights, licenses and other rights and permissions in accordance with the applicable legislation.

5.5. The Client's inability to use the Service for reasons for which the Provider is not responsible does not release them from their obligation to pay the agreed remuneration for them.

5.6. The Client undertakes not to use the Service for publishing, providing and distributing in any way data, messages, text, computer files or other materials that contradict Bulgarian legislation, the applicable foreign laws, these terms, internet ethics or good morals and that violate the rights of third parties, namely: copyright or related rights, registered trademarks, patent or other intellectual property rights, ownership rights, as well as any other property or non-property rights or legitimate interests of third parties; constituting a commercial, official or personal secret or other confidential information.

5.7. The Client undertakes not to publish, distribute or provide software or other computer files that contain viruses or other risky programs or their components, not to publish and not to provide transfer of pornographic and illegal materials.

5.8. The Client undertakes not to use the Service for publishing data, messages, text, computer files or other materials containing a threat to the life and bodily integrity of a person, calling for a violent change of the constitutionally established order, for the commission of a crime and other violations of the law, propagating discrimination, preaching fascist, racist or other undemocratic ideology, the content of which violates human rights or freedoms, in accordance with the Constitution and the laws of the Republic of Bulgaria and the international acts.

5.9. The Client agrees not to use the Service for sending unsolicited mail "spam". Violation of this requirement is grounds for temporary suspension of the provided service, of which the Provider notifies the Client. In the event of a repeated action, the Provider has the right to unilaterally terminate the provision of the service without warning.

5.10. The Client has the right:

(1) to use the Service for its intended purpose in accordance with the agreed Parameters;

(2) to carry out remote administrative access to the Service);

(3) to be provided with technical support for the Service by qualified personnel of the Provider in accordance with the selected subscription plan;

(4) 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, counting from the date of conclusion of the contract. In case of withdrawal from the service, the Client must complete a STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL, which you can find HERE, or to declare unambiguously in another way the decision to withdraw from the service (sending an electronic message within the stated period).

The services whose fees are non-refundable according to Art. 57, para. 1 of the Consumer Protection Act are all products from the following categories: registration of domain names, SSL certificates, licenses.

In case of withdrawal from the provided service, all purchased additional licenses such as cPanel, LiteSpeed, Cloudlinux and others are non-refundable.

Additional services concerning .bg domain names or radio hosting are also non-refundable.

The period for refunding a paid amount is up to 14 calendar days.

 

6. PRICE AND PAYMENT TERMS

6.1. The price of the Service is determined by the Provider on its website.

6.2. (1) The Client owes the Provider the price for the service, in accordance with the selected subscription plan.

(2) Information about the different subscription plans is available on the following web page: https://www.jump.bg/ssdvps.html

6.3. The Provider has the right to unilaterally change the prices of the provided services. The Provider notifies the Client of the change in the price of the services 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 to terminate the Contract before the entry into force of the new prices. In case the Client does not send notice to the PROVIDER that they do not agree with the new prices, then this change automatically enters into force after the expiry of the 1-month period.

6.4. Not more often than once within one calendar year, the Provider has the right to index the prices of the Services, by 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 after the last determination of the respective price. By signing this contract, the Client agrees to the methodology for price adjustment carried out under the conditions of this article. In this case, the Client has no right to unilaterally terminate the Contract on the grounds that they do not agree with the new prices.

6.5. (1) The Client pays the price of the service at the beginning of each subscription period.

(2) Payment may be made in one of the following ways:

1. Bank transfer to the following bank account of the Provider:

   IBAN: BG11UNCR70001522984844

   BIC: UNCRBGSF

   At bank: UniCredit Bulbank

2. Through the ePay system - in accordance with the conditions for making payments through ePay, available at www.epay.bg. The payment process is carried out entirely in the ePay system and in compliance with their general terms and conditions. After completing the payment process, the ePay system automatically redirects you back to the Platform.

3. Through the PayPal system - in accordance with the conditions for making payments through PayPal, available at www.paypal.com. The payment process is carried out entirely in the PayPal system and in compliance with their general terms and conditions. After completing the payment process, the PayPal system automatically redirects you back to the Platform.

4. Payment via POS terminal (credit/debit card) – you can pay online with any Visa / Visa Electron / MasterCard or AMEX card through the Stripe platform. You can add your bank card and payments to Jump.BG will be made automatically, and invoices will arrive directly in your email. The Jump.BG system does not store card data and sensitive information. Everything is supported by Stripe - one of the most secure payment systems in the world!

5. Through EasyPay - in accordance with the conditions for making payments through EasyPay, available at www.easypay.bg. The payment process is carried out entirely at a cash desk in the EasyPay offices and in compliance with their general terms and conditions.

(3) When making a bank payment by the Client, they are obliged to indicate in the „Reason“ field the number of the issued proforma invoice. In case of an incorrectly filled-in field, the Provider bears no responsibility if the payment is not recorded on time.

6.6. Every received payment that cannot be recorded by the Provider will be refunded to the respective payer.

 

7. TERMINATION

7.1. The contract between the parties is terminated upon expiry of the term of the contract.

7.2. The contract may be terminated by mutual consent between the parties.

7.3. The contract may be terminated unilaterally by the Client, in which case the Client owes a penalty to the Provider, in accordance with the conditions of Art. 8.1. below.

7.4. If the Client is in arrears by more than 7 (seven) calendar days with the payment of remuneration for a specific service, the Provider has the right to rescind the Contract with respect to this service.

7.5. The Provider has the right to limit and/or terminate the provision of the Service to a Client who has declared that they wish to continue receiving the service for a new subscription period, but has not paid the due remuneration. In case the Client is in arrears by more than 7 (seven) calendar days with the payment of the remuneration for the new subscription period, then the Provider has the right to rescind the Contract with respect to this service.

7.6. The Provider has the right, at its discretion, without giving notice and without owing compensation, to unilaterally terminate the contract concluded with the Client, in case it establishes that the provided services are used in violation of the legislation in the Republic of Bulgaria or in violation of these general rules.

7.7. The time for storing data on virtual servers that have not been renewed or have been stopped due to a violation of the conditions of the Contract or these General Terms and Conditions depends on the Provider's technical ability to store the data, but no more than 30 days. After the expiry of the period under this article or upon express instructions received from the Client, the Provider deletes the servers entirely.

 

8. PENALTIES

8.1. If the Client terminates the contract on the grounds of Art. 7.3. of these General Terms and Conditions:

(1) they owe the Provider a penalty in the amount of the remuneration due up to the remaining term of the contract (in accordance with the plan they have selected).

(2) in case the Client has paid the remuneration to the Provider under the contract in full, the latter has the right to retain the remainder as compensation.

8.2. When the contract is terminated on the grounds of Art. 7.4. and Art. 7.5. of the General Terms and Conditions, the Client owes a penalty in the amount of the remuneration up to the remaining period of the contract.

8.3. In case of delayed payment of an amount due from the Client, the Provider has the right to a penalty in the amount of 0.5% of the amount due for each day of delay until final payment. The penalty is paid at the latest together with the monthly fee due for the following month. In case the delay continues for more than 7 (seven) calendar days, the Provider may rescind the Contract under the conditions of Art. 7.4 above.

8.4. Regardless of the provisions of this section, in case of culpable non-performance of their obligations under this contract, the Client owes the Provider compensation for all direct damages suffered, which are a direct and immediate consequence of the non-performance of the contract.

 

9. LIABILITY

9.1. The Client bears sole responsibility for the content of the data received, stored or sent by them through the service. The client service may not have content that the Client has no right to broadcast in accordance with the applicable legislation, including but not limited to: prohibition of advertising, home shopping, lotteries, gambling, games and tele-marketing, etc. In addition, the Client bears sole responsibility with respect to the intellectual property rights (copyright and related rights) over the content of their service in accordance with the applicable legislation. Applicable legislation means all present or future laws, regulations, directives or conventions adopted by any competent authority in any state, which have control over the activities covered by this contract, insofar as these laws or subordinate regulations were in effect at the time of provision of the services.

9.2. The Client undertakes to indemnify and hold harmless the Provider in the case of legal claims and other claims by third parties, regardless of whether they are well-founded or not, for all damages and costs, incl. attorney's fees and court costs, arising from or in connection with:

(1) non-performance of any of the obligations under this contract;

(2) violation of copyright, producer's, broadcasting rights or other rights to intellectual or industrial property;

(3) unlawful transfer to other persons of the rights granted to the Client, for the term and under the conditions of the contract.

9.3. The Provider is not liable for damages caused by the Client to third parties.

9.4. The Provider is not liable for property or non-property damages, consisting of lost profits or damages suffered, caused to the Client in the process of using or not using the Service.

9.5. The Provider bears no responsibility in case of a change in the type or functionality of external providers such as cPanel, LiteSpeed, etc.

 

10. PROTECTION OF PERSONAL DATA

10.1. The Provider takes measures to protect the Client's personal data in accordance with Regulation (EU) 2016/679 and the Personal Data Protection Act.

10.2. The Provider processes the Client's personal data on the grounds of Art. 6, para. 1, b. "b" of the GDPR – the processing is necessary for the performance of a contract to which the subject is a party.

10.3. The Provider has published the information regarding the personal data it processes and the purposes for which they are processed, as well as all required information in accordance with Regulation (EU) 2016/679, in the Privacy Policy, available at https://www.jump.bg/en/legal/privacy-policy.

10.4. When providing the service, the Provider acts solely on the instruction of the Client of the service and only insofar as it may have control over the personal data that the Client processes.

10.5. The Provider is not responsible for the content, including personal data, that the Client processes on the provided virtual space. The Provider does not participate in the process of deciding whether the Client will use the service for processing personal data, on what grounds they are processed, for what purposes and whether they are protected.

10.6. In case the Provider is notified of the unlawful nature of information used by the Client or is notified by a competent state authority of the unlawful nature of the Client's activity, on the grounds of Art. 16 of the Electronic Commerce Act, the Provider has the right to take immediate action to suspend access to this information or to remove it, without this endangering the security of the information to which the Provider has access.

 

11. FORCE MAJEURE

11.1. 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 the fortuitous event lasts. While the force majeure or the fortuitous event lasts, the performance of the obligations and of the related counter-obligations is suspended. The lapse of the obligations in this case does not apply with respect to overdue payments that became due before the occurrence of the force majeure circumstances.

11.2. Force majeure means any unforeseen or unpreventable event of an extraordinary nature, occurring after the conclusion of the contract. Such circumstances are, the enumeration being non-exhaustive: earthquakes, floods, fires or other natural disasters, epidemics; war, revolution, insurrection, riot or other civil events, production or other accidents; terrorist acts; an act of a competent state, regulatory, administrative or judicial authority, through which the performance of the contract may be temporarily suspended or terminated. Force majeure circumstances also include the actions of third parties beyond the Provider's control, which have placed the Provider in objective impossibility to provide the services.

11.3. The party affected by force majeure must notify the other in writing of the occurrence of the force majeure circumstances, the presumed consequences, as well as of the expected duration of its inability to perform its obligations under the contract.

11.4. If as a result of force majeure the performance of the obligations of one of the parties is only partially affected, then this party will be responsible for the performance of the obligations that are not affected by the force majeure.

11.5. 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 cessation of the force majeure, except in cases where such performance is no longer practically feasible or is not required by the other party.

11.6. If the force majeure circumstances continue for more than 30 days, each of the parties may terminate the service affected by force majeure without owing compensation, by serving a written notice with return receipt. In this case, the termination does not release the Client from their payment obligations arising before the date of termination.

 

12. OTHER CONDITIONS

12.1. 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 and are protected by the Copyright Act and the other laws for the protection of intellectual property and may not be used in violation of the applicable legislation. In case of copying or reproduction of information beyond the permissible, as well as in case of any other violation of the intellectual property rights over the Provider's resources, the Provider has the right to claim compensation for the direct and indirect damages suffered in full amount. Except in cases where it is expressly agreed, the Client may not reproduce, modify, delete, publish, distribute and otherwise disclose the information resources published on the Provider's website.

12.2. The Provider does not assign and the Client does not acquire copyright and/or other intellectual property rights over software in connection with the services provided by the Provider to the Client.

12.3. The Provider reserves the right to limit or completely exclude sites that use foreign intellectual property for one reason or another on its website, without the consent of the actual owner who may possibly offer this property for payment.

12.4. The Client gratuitously assigns to the Provider the non-exclusive right to use its company name and/or trademark, as follows:

(1) as part of the Provider's marketing and presentation materials;

(2) in a list of clients published on the Provider's website.

12.5. 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 secret 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 according to the circumstances to constitute confidential information. Each of the parties 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.

 

13. FINAL PROVISIONS

13.1. The headings in these General Terms and Conditions are used only for convenience and have no influence on the interpretation of the individual texts, including the will of the Parties.

13.2. The Provider reserves the right to change these General Terms and Conditions at any time. When making a change, the updated version of the General Terms and Conditions will be published on the Provider's website https://www.jump.bg and enters into force immediately after its publication. The Provider sends an informational email about the update made to the General Terms and Conditions, with them entering into force 30 days after receipt of the message from the Provider.

 

These general terms and conditions were adopted by Jump.BG Ltd. on 01.09.2023 and enter into force, effective from 02.10.2023.