General Terms and Conditions for the "Managed Virtual Servers" (Managed 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 relationship between „Jump.BG“ Ltd., hereinafter referred to as the „Provider“, and Clients, regarding the provision of the service Managed Virtual Server - Managed Cloud VPS, 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 be in force as long as the Provider provides services to the Client on the basis of 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 operation 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” Street,
    • 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. SERVICE CHARACTERISTICS

3.1. Definition of the service

3.1.1. “Managed Virtual Server - Managed 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 limited administrative access to the machine through the client area (web-based control panel) and through SSH.

3.1.3. The Service is activated after the Client pays the first (monthly) fee and after they are notified 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. Activation and maintenance of the service is carried out by a specialist of „Jump.BG“ Ltd. Maintenance of the service is carried out by submitting a request from the Client, made through the client area.

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

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

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

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

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

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

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

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

(5) purchase more Virtual servers or additional services.

3.3. (1) The Provider provides the Service according to the parameters of the respective subscription plan chosen by the Client. The parameters of the initially chosen subscription plan can be changed at the Client's request, being increased or decreased (where this is permissible and in accordance with these General Terms and Conditions).

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

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

(4) In the event that the Client has requested to increase a parameter of the service that is not subject to change according to 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 the event that a parameter of the service 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. As part of this service, the Provider provides the Client with one or several usernames and passwords for access to the resources or their management. The Client bears full responsibility for the safekeeping of these usernames and passwords, as well as for all circumstances arising from their use.

3.5. The Provider is not liable 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.

3.6. The content located on the servers is provided entirely by the Client. The Provider does not bear any 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.

3.7. The Client does not acquire ownership rights over the equipment 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 remuneration by the Client.

 

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Provider undertakes:

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

(2) to provide technical support for the service according to the subscription plan chosen 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 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 exercise constant supervision over the technical soundness of the Service and to give guidance and instructions to the Client for the proper 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 consent with the Client;

(7) to require the necessary identification from the Client when accepting instructions regarding the use or management of the Service;

(8) to limit or temporarily and permanently terminate the use of the Service, if it establishes that the Client is using it 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 on 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 communication 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 specified in the 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 according to 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 other clients of the Provider 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 render 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 to representatives of the Provider to the end points of provision of the Service located in their possession;

(6) to use and manage the Service solely 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 independently install software that they will use on the server, beyond the software expressly provided by the Provider upon activation of the Service;

(9) to provide correct and up-to-date data 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 in a lawful manner, ensuring the existence of all necessary rights, licenses and other rights and permissions according to 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 manner data, messages, text, computer files or other materials that contravene Bulgarian legislation, applicable foreign laws, these terms, Internet ethics or good morals and which violate the rights of third parties, namely: copyrights or rights related to them, trademarks, patents or other rights of intellectual property, ownership rights, as well as any other proprietary or non-proprietary rights or legitimate interests of third parties; constituting commercial, official or personal secrets 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 risk 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 human life and bodily integrity, calling for a violent change of the constitutionally established order, for the commission of a crime and other legal violations, propagating discrimination, preaching fascist, racist or other undemocratic ideology, the content of which violates human rights or freedoms, according to the Constitution and laws of the Republic of Bulgaria and 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. Upon 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 according to the chosen subscription plan;

(4) to withdraw from the services, without stating a reason, without owing compensation or penalty and without paying any costs, within a 30-day period, counted from the date of conclusion of the contract. In case of withdrawal from the service, the Client must fill out a STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL, which you can find HERE, or unambiguously declare the decision to withdraw from the service in another way (sending an electronic message within the aforementioned 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, according to the chosen subscription plan.

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

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 entry into force of the new prices. In this case, the Client has the right to send written notice of termination of the Contract before the entry into force of the new prices. In the event that 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. 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 not 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 eРay system - in accordance with the conditions for making payments through еPay, 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 completion of 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 completion of 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 the cash desk in the EasyPay offices and in compliance with their general terms and conditions.

(3) When making a bank payment, the Client is obliged in the „Reason“ field to indicate the number of the issued proforma invoice. In case of an incorrectly filled field, the Provider does not bear responsibility if the payment is not recorded on time.

6.6. Any 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, according to the conditions of Art. 8.1. below.

7.4. If the Client is more than 7 (seven) calendar days overdue with the payment of remuneration for a certain service, the Provider has the right to rescind the Contract with respect to that 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 want to continue receiving the service for a new subscription period, but has not paid the due remuneration. In the event that the Client is more than 7 (seven) calendar days overdue with the payment of the remuneration for the new subscription period, then the Provider has the right to rescind the Contract with respect to that 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 the event that 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 violation of the conditions of the Contract or these General Terms and Conditions depends on the technical ability of the Provider to store the data, but no more than 30 days. After the expiry of the period under this article or upon explicit instructions received from the Client, the Provider completely deletes the servers.

 

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 until the remaining term of the contract (according to the plan they have chosen).

(2) in the event that 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 until 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 no later than together with the due monthly fee for the following month. In the event that 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. Notwithstanding the provisions of this section, in the event 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 according to 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 intellectual property rights (copyright and related rights) over the content of their service according to 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 with respect to the activities covered by this contract, insofar as these laws or regulations were in force at the time of provision of the services.

9.2. The Client undertakes to indemnify and hold harmless the Provider in the event of legal claims and other claims of third parties, regardless of whether they are justified or not, for all damages and costs, including attorney's fees and court costs, arising out of or in connection with:

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

(2) violation of copyright, producer, broadcasting rights or other rights over 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 proprietary or non-proprietary damages, expressed in lost profits or damages suffered, caused to the Client in the process of using or not using the Service.

9.5. The Provider is not liable in case of a change in the type or functionality of external providers such as cPanel, LiteSpeed, CloudLinux, JetBackup, etc.

 

10. PERSONAL DATA PROTECTION

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 basis of Art. 6, para. 1, letter "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. In 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 liable 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 the event that 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 actions to suspend access to this information or to remove it, without this jeopardizing 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 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 unavoidable 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, uprising, riot or other civil events, industrial 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 are also considered to be the actions of third parties beyond the control of the Provider, which have placed the Provider in an 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 regarding the expected duration of the inability to fulfill 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 that party will be responsible for the performance of the obligations that are not affected by the force majeure.

11.5. Any unfulfilled obligation whose non-performance is due to force majeure must be fulfilled by the affected party when it becomes possible, after the cessation of the force majeure, with the exception of 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 sending written notice with return receipt. In this case, 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 current legislation. In case of copying or reproduction of information beyond what is permissible, as well as in case of any other violation of intellectual property rights over the resources of the Provider, the Provider has the right to claim compensation for the direct and indirect damages suffered in full amount. Except in cases where expressly agreed, the Client may not reproduce, change, delete, publish, distribute and otherwise disclose the information resources published on the Provider's website.

12.2. The Provider does not cede 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 block websites that use third-party intellectual property for one reason or another on its website, without the consent of the actual owner who possibly offers this property for a fee.

12.4. The Client gratuitously cedes to the Provider the non-exclusive right to use the Client's 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 to not disclose to third parties and 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 effect 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. Upon 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, and they enter 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 as of 02.10.2023.