GENERAL TERMS AND CONDITIONS OF USE AND SERVICE PROVISION
I. SUBJECT AND SCOPE
- These General Terms and Conditions govern the relationship between the person owning and operating the website located at the domain: www.kapitalvevero.com (hereinafter the “Contractor”) and any legal entity or its representative (hereinafter the “Client”) who uses the website or requests capital conversion services.
- Other terms that differ from these General Terms and Conditions may apply where expressly accepted and approved in writing by the Contractor for a specific contract, and shall bind the parties solely with respect to that contract.
- The Privacy Policy forms an integral part of these General Terms and Conditions.
- These General Terms and Conditions bind the Client from the moment the latter declares its consent to them. The Client’s consent is deemed given from the moment it is provided by marking this fact when completing the contact form on the website, or on another durable paper or electronic medium. A Client who has not given consent in any of the ways specified in these General Terms and Conditions, but who has made use of the services offered by the Contractor, is deemed to have given implicit consent to these General Terms and Conditions.
- By accepting these General Terms and Conditions, the Client expressly consents to receive any information, notices or communications relating to the website or the services offered thereon, on a durable electronic medium chosen by the Contractor.
- The Client undertakes to use the content of the website solely for the purpose of obtaining information about the type of services offered and sending an inquiry. Copying, distributing or using texts, analyses and methodologies from the website for other purposes is prohibited.
- The services provided through the website are aimed exclusively at commercial companies (legal entities). Therefore, the provisions of the Consumer Protection Act do not apply to the relations between the parties.
II. CONCLUSION OF THE CONTRACT
- The contract between the parties is a distance or off-premises contract concluded between the Client, on the one hand, and the Contractor, on the other hand, in accordance with these General Terms and Conditions. The contract is concluded through the following mechanism:
Step 1: The Client sends an inquiry through the contact form on the website.
Step 2: The Contractor sends an offer to the email address provided by the Client in the contact form. This constitutes an “offer to conclude a contract” made by the Contractor.
Step 3: The Client confirms in writing (by email) acceptance of the Contractor’s offer to conclude a contract, or makes payment in the manner specified by the Contractor in the offer to conclude a contract.
- The contract is deemed concluded and enters into force at the moment the Contractor has received written confirmation (by email) from the Client, or payment is received into the Contractor’s account – whichever of the two events occurs first. Where the contract is concluded from the moment of receipt of the Client’s written confirmation, the Client shall, from that moment, be obliged to pay the amount stated on the website for the service within 2 (two) business days of the conclusion of the contract.
- Each contract is concluded subject to a condition agreed in favour of the Contractor, namely non-payment of the amount due for the service within 2 (two) business days of the conclusion of the contract. Where the Contractor has not received payment of the amount due within the period referred to in the preceding sentence, the concluded contract may be terminated unilaterally by the Contractor by written notice to the Client, with immediate effect.
- All correspondence relating to the contract or its conclusion between the parties shall be conducted by email at the following electronic addresses of the parties:
- For the Contractor: office@kapitalvevro.com
- For the Client: the email address provided by the Client when sending an inquiry through the contact form on the website.
- Correspondence is deemed received from the moment of its arrival in the information system of the receiving party, and no confirmation of receipt is required.
III. PRICES AND PAYMENT
- All prices stated on the website at the relevant time are final and do not include state fees payable to the Commercial Register, where such fees are due, unless expressly stated otherwise in the Contractor’s offer to conclude a contract. Payment of the price of the service shall be made by bank transfer to a bank account specified by the Contractor.
- Before the conclusion of the contract, the Contractor is entitled to unilaterally change the amount of the prices for the provision of the services stated on the website. After the conclusion of the contract, the Contractor is not entitled to unilaterally change the price of the services.
- If the Client withdraws from the service after the conclusion of the contract but before the preparation of the documents, the Contractor is entitled to retain a penalty in the amount of 30% of the sum. Where the Client withdraws from the performance of the services after the documents prepared by the Contractor have been sent to the Client for signature, the Contractor is deemed to have fulfilled all of its obligations under the contract, and the price paid by the Client is not refundable.
IV. PERFORMANCE DEADLINES
- All deadlines stated on the website or in correspondence between the Contractor and the Client (for example, “24 hours”, “2 business days”) are indicative and do not bind the Contractor, which undertakes to perform the services within the usual period for doing so.
- The Contractor is entitled to unilaterally extend the deadlines for performance of the services at its own discretion, depending on its workload and the complexity of the corporate structure of the company specified by the Client, without being required to state specific reasons to the Client and without owing any compensation or penalty for delay.
V. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
- The Contractor is entitled at any time and without stating a reason to withdraw from performance of the contract by sending written notice to the Client, in which case it shall owe only the return of the price paid by the Client, if paid, without owing any compensation or penalty for delay.
- In the event of instructions received from the registration officials at the Commercial Register and the Register of Non-Profit Legal Entities at the Registry Agency, the Contractor is entitled to request any documents or information necessary to comply with the instructions, and the Client undertakes to provide them within 1 (one) business day of the request.
VI. INTELLECTUAL PROPERTY
- Trade names, copyrights and any other intellectual property rights, whether registered or in the process of registration, related to the services offered on the website, are and shall remain the exclusive property of the Contractor. The Client has no right to make claims to them.
- The Client shall not act in a manner that could infringe the Contractor’s rights under this section. The Client undertakes not to use in its business a similar or identical sign or name to the trademarks, trade names of services, etc., or as part of a name.
- All information available on the website (including, but not limited to, still or moving images, text, logos, symbols, trade representations, videos, etc.) that can be viewed or accessed electronically, the content of emails sent to the Client, any information communicated to the Client (including, but not limited to, data related to the website, its activity, etc.), rights obtained directly or indirectly (for example, through licences for use and/or publication) are and remain the exclusive property of the Contractor. The Client may use such data, images, texts and documents only and solely in connection with the services that are the subject of the contract.
- The Client has no right to use content available on the website, or obtained on the basis of performance of the services, for purposes other than those permitted by these General Terms and Conditions.
- Any failure to fulfil any of the obligations specified in this section shall be considered material, and therefore, should the Client fail to fulfil any of these obligations, the latter shall owe the Contractor a penalty in the amount of the price of the relevant service.
- In the event of infringement of an intellectual or industrial property right, in addition to the penalty under the preceding point, the Client shall also owe compensation to the Contractor. The amount of the compensation shall be determined in accordance with the damages actually incurred by the Contractor, including lost profits.
- Should a third party, as a direct or indirect consequence of infringement of an intellectual or industrial property right, take judicial or extrajudicial action against the Contractor or a person related to it, the Client undertakes to compensate the Contractor for all damages, losses or costs incurred.
VII. CONFIDENTIALITY
- The Client undertakes to keep strictly confidential all information of a technical, technological, financial, legal, organisational, commercial, marketing or other nature relating to the Client, its activity or the services (including documents prepared as a result of performance of the services), which information has become known to the Client in connection with the conclusion, performance or termination of the contract (“Confidential Information”), and not to disclose, copy, reproduce or distribute it in any way, and not to provide it to third parties without the prior express written consent of the Contractor for each individual case.
- The Confidential Information under the preceding point includes, but is not limited to, documents provided during performance of the services; circumstances related to the Contractor’s activity; technical processes, projects, financial information, know-how, inventions, utility models or other intellectual property rights, whether registered or not, clients, activities, procedures, prices for provision of services, including proposed but unaccepted prices, as well as any other activities and facts that are not generally known or easily accessible to persons who normally deal with the relevant type of information, regardless of whether they have or do not have commercial value, and regardless of whether they are expressly designated as such by the Contractor.
- The Client’s obligation of non-disclosure and non-distribution of Confidential Information also applies to all media containing such information, including, but not limited to, documents and any records on electronic media, including digital disks, hard drives, electronic documents, electronic messages and other information media through which the Confidential Information may be accessed.
- The Client’s obligation under this section remains in force after termination of the Contract, regardless of the grounds for its termination.
- The Client may disclose Confidential Information only and solely when:
- it has received the prior express written permission of the Contractor to disclose Confidential Information for each individual case;
- the Confidential Information has become publicly available for a period of more than 30 (thirty) days, without there being a breach of these General Terms and Conditions, the Contract or applicable legislation by the Contractor;
- the provision of Confidential Information is required by a regulatory or other competent authority in the Republic of Bulgaria and the Client is obliged to disclose the Confidential Information.
- The Client has no right to make public statements or communications, or to disclose or divulge any information that has become known to it in connection with the performance of the Contract, whether this occurred on the basis of the Contractor’s data and materials or as a result of performance of the services, without the prior express written consent of the Contractor for each individual case.
- Any failure to fulfil any of the obligations specified in this section shall be considered material, and therefore, should the Client fail to fulfil any of these obligations, the latter shall owe the Contractor a penalty in the amount of double the price of the relevant service, and the Contractor shall be entitled to claim compensation for damages or lost profits in a higher amount.
- Should a third party, as a direct or indirect consequence of disclosure of Confidential Information, take judicial or extrajudicial action against the Contractor or persons related to it, the Client undertakes to compensate the Contractor for all damages, losses or costs incurred, whether compulsorily or voluntarily borne.
VIII. LIMITATION OF THE CONTRACTOR’S LIABILITY
- The information found on the Website, or provided to the Client during the provision of the services, must in no way be interpreted as legal advice.
- The information on the website is transmitted through external telecommunications network services, the operation of which is beyond the Contractor’s control. The Contractor is not liable for the quality and condition of network connections and services, including the availability and quality of the internet connection, or for the proper functioning of the Client’s computers.
- The Contractor shall not be liable for damages caused as a result of circumstances beyond its control, including, but not limited to, damage to telecommunications infrastructure and internet connections, computer viruses, failed communication, unauthorised access, as well as as a result of any other circumstances considered force majeure under applicable law and customary practice.
- The Contractor is not liable for any damages arising from errors in the information provided by the Client or information concerning the latter. The Contractor is not liable and is released from liability in each of the following cases:
- If a sent inquiry has not reached the Contractor for technical reasons (hosting issues, spam filters, internet connectivity interruption);
- In the event of a refusal by the registration officials at the Commercial Register and the Register of Non-Profit Legal Entities at the Registry Agency to register the changes;
- In any case outside of intent or gross negligence on the part of the Contractor, the latter’s liability shall be limited to the amount of the price of the service stated on the Contractor’s website.
IX. CHANGES TO THIS DOCUMENT
- The Contractor reserves the right to make changes to these General Terms and Conditions, notifying visitors to the website of this fact in a timely manner in a method chosen by the Contractor (pop-up windows, push notifications, email, etc.). We recommend that you always review the most current version of the General Terms and Conditions when accessing the website.