General Terms and Conditions for the "WordPress Support" Service
The Bulgarian version of legal agreements and policies is considered as the only current and valid version of this document. Any translated version is provided for your convenience only, to facilitate reading and understanding of the Bulgarian version. Any translated versions are not legally binding and cannot replace the Bulgarian versions. In the event of disagreement or conflict, the Bulgarian language legal agreements and policies shall prevail.
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 WordPress Website Support 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 be in effect for as long as the Provider provides services to the Client on the basis of a Request made through the request 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
- Commission for Personal Data Protection
3. CHARACTERISTICS OF THE SERVICE
3.1. The Provider provides, and Clients use, a WordPress website support service on a subscription basis, including parameters depending on the chosen subscription plan.
3.2. The subscription plans that the Provider offers are as follows:
- "Basic" subscription plan;
- "Optimal" subscription plan;
- "Premium" subscription plan.
3.3. The parameters of the subscription plans referred to in Art. 3.2. can be found on the following page: https://www.jump.bg/wordpress-support.
3.4. The Provider reserves the right to change the parameters of the subscription plans without prior notice.
4. TERM OF THE SERVICE
4.1. The Service may be provided for a term of 1 month, 3 months, 6 months or 12 months, and may be renewed an unlimited number of times.
4.2. The contract for the service enters into force from the moment of payment of the remuneration for the respective subscription period.
5. PROVISION OF THE SERVICES
5.1. Clients may subscribe to WordPress website support by purchasing one of the subscription plans referred to in Art. 3.2. The subscription may be made upon the initial purchase of a hosting service from Jump.bg, or in addition to a hosting service already purchased from Jump.bg.
5.2. The purchase of one subscription plan includes the provision of the service for only one website, but the Provider offers Clients the option to purchase one subscription plan multiple times for multiple websites.
5.3. By registering on the Jump.bg platform, Clients declare that they are familiar with these General Terms and Conditions and agree to them, undertaking to comply with them unconditionally.
5.4. In order to fulfill the obligations to provide the service, the Client gives their consent for the Provider to access, manage, modify and update the content of the website for which the service is activated, to the extent necessary for the Provider to carry out the support functions. The Client agrees that the Provider may install a plugin on the website for which the service is activated, by means of which the site will be connected to the internal system of the Provider.
5.5. In order to fulfill the obligations to provide the service, the Client is obliged to provide the Provider with technical capability and information about this, including providing or enabling the download from the internet of more up-to-date versions of the software used to build the website, including WordPress themes, plugins, additional modules, etc.
5.6. The Provider reserves the right to refuse, in whole or in part, the performance of the provision of the service in cases where the Client does not use licensed WordPress themes, plugins, etc. or has not provided technical capability for the Provider to access, pursuant to Art. 5.4 and 5.5.
6. PRICE AND PAYMENT TERMS
6.1. The price of the Service is determined by the Provider on its website.
6.2. The Client owes the Provider the price for the service, according to the chosen subscription plan.
6.3. The Provider has the right to unilaterally change the prices of the services provided. 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. For Clients with whom a subscription has been concluded, the new prices of the subscription plans begin to apply upon the renewal of the already existing subscriptions.
6.4. No more than once within one calendar year, the Provider has the right to index the prices of the Services, 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 the adjustment of prices, carried out under the conditions of this article. In this case, the Client does not have the 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:
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Bank transfer to the following bank account of the Provider:
IBAN: BG11UNCR70001522984844
BIC: UNCRBGSF
At bank: UniCredit Bulbank
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Through the ePay system - in accordance with the terms and conditions for making payments via ePay, available at www.epay.bg. The payment process is carried out entirely within the ePay system and in compliance with their general terms and conditions. After the completion of the payment process, the ePay system automatically redirects you back to the Platform.
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Through the PayPal system - in accordance with the terms and conditions for making payments via PayPal, available at www.paypal.com. The payment process is carried out entirely within the PayPal system and in compliance with their general terms and conditions. After the completion of the payment process, the PayPal system automatically redirects you back to the Platform.
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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!
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Through EasyPay - in accordance with the terms and conditions for making payments via 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, the Client is obliged to indicate the number of the issued proforma invoice in the „Grounds“ field. In case of an incorrectly filled-in field, the Provider does not bear responsibility if the payment is not recorded on time.
6.6. Any payment received that cannot be reflected by the Provider will be refunded to the respective payer.
7. TERMINATION
7.1. The contract between the parties is terminated upon the expiry of the term of the contract.
7.2. The contract may be terminated by mutual agreement 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. The contract is also terminated in the event of an objective impossibility of any of the parties to fulfill their obligations.
7.5. The Provider has the right, at its own 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 services provided are used in violation of the legislation of the Republic of Bulgaria or in violation of these general rules.
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A Client who has the capacity of a Consumer within the meaning of the Consumer Protection Act has the right to withdraw from the contract for the use of the Service without stating a reason, without owing compensation or a penalty and without paying any costs, with the exception of the costs provided for in Art. 54, para. 3 and Art. 55 of the Consumer Protection Act within a period of up to 14 calendar days from the date of conclusion of the contract.
8.2. The Client may exercise the right of withdrawal from the contract by sending a message with an unequivocal statement. The message must be sent via the email address with which the order for the service was made. The Client must fill in the STANDARD WITHDRAWAL FORM, which you can find HERE.
8.3. In the cases under Art. 8.1. the Provider refunds the Client the entire amount paid for the Service within 14 days, counted from the date on which it was notified of the Client's decision to withdraw from the contract. The Provider refunds the amounts received under the contract using the same method of payment that was used by the Client at the initial payment for the service.
9. PENALTIES
9.1. 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 for the remaining term of the contract (according to the plan they have chosen);
(2) in case the Client has paid the remuneration to the Provider in full under the contract, the latter has the right to retain the remainder as compensation.
10. LIABILITY
10.1. The Provider is not liable for damages caused by the Client to third parties.
10.2. The Provider is not liable for pecuniary or non-pecuniary damages, expressed in lost profits or damages suffered, caused to the Client in the process of using or not using the Service.
11. PERSONAL DATA PROTECTION
11.1. The Provider takes measures to protect the Client's personal data in accordance with Regulation (EU) 2016/679 and the Personal Data Protection Act.
11.2. The Provider processes the Client's personal data on the basis of Art. 6, para. 1, letter "b" of the GDPR – processing is necessary for the performance of a contract to which the data subject is a party.
11.3. The Provider has published the information regarding the personal data it processes and the purposes for which they are processed, as well as all the required information in accordance with Regulation (EU) 2016/679 in the Privacy Policy, available at https://www.jump.bg/en/legal/privacy-policy.
11.4. The Provider is not liable for the content, including personal data, that the Client processes on the virtual space provided. The Provider does not participate in the process of deciding whether the Client will use the service for the processing of personal data, on what basis they are processed, for what purposes and whether they are protected.
11.5. 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 action to cease access to that information or to remove it, without this jeopardizing the security of the information to which the Provider has access.
12. FORCE MAJEURE
12.1. The parties are not liable for non-performance of their obligations in the event of force majeure for the period for which the force majeure or fortuitous event lasts. While the force majeure or 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.
12.2. Force majeure means any unforeseen or unavoidable event of an extraordinary nature, arising 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, production or other accidents; terrorist acts; an act of a competent state, regulatory, administrative or judicial authority, by means of which the performance of the contract may be temporarily suspended or terminated. For force majeure circumstances are also considered the actions of third parties beyond the control of the Provider, which have placed the Provider in an objective impossibility to provide the services.
12.3. 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 the impossibility to fulfill its obligations under the contract.
12.4. If, as a result of force majeure, the performance of the obligations of any 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.
12.5. 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 the cases where such performance is no longer practically feasible or is not required by the other party.
12.6. 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 a written notice with a return receipt. In this case, the termination does not release the Client from their payment obligations that arose before the date of termination.
13. FINAL PROVISIONS
13.1. 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.
13.2. The Client and the Provider undertake during and after the expiry of the period of the contract not to make public any written or oral correspondence conducted between them. The publication of correspondence in printed and electronic media, internet forums, personal or public websites, etc. may be considered making public.
13.3. In the event of a contradiction between these general terms and conditions and stipulations in a special contract between the Provider and the Client, the clauses of the special contract apply with priority.
13.4. 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.
13.5. The possible invalidity of any of the provisions of these general terms and conditions will not lead to the invalidity of the entire contract.
13.6. Clients have access to out-of-court procedures for the resolution of disputes with the assistance of alternative dispute resolution bodies. Competent for disputes regarding tickets purchased online are the general conciliation commissions. You can contact them at https://kzp.bg/bg/pomiritelna-komisiya. You can also seek assistance for the resolution of a dispute through the European Online Dispute Resolution platform here - https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2.
13.7. For matters not settled in these General Terms and Conditions, the provisions of the applicable Bulgarian legislation apply.
13.8. The Provider reserves the right to change these General Terms and Conditions at any time. When a change is made, 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.