GENERAL TERMS AND CONDITIONS for the service “ADMIN ON LINE” by Abilix Soft Ltd.

1. DEFINITIONS
For the purposes of these general terms and conditions, the terms and abbreviations listed below have the following meanings:
1.1. “PROVIDER” is the legal entity ABILIX SOFT LTD, with registered office and address: Varna, Mladost district, “Petko Staynov” St., 12, entrance 9 / loading ramp;
1.2. “APPLICANT” or “CLIENT” is a legal entity, validly established under Bulgarian/European legislation, and duly registered in the respective registries;
1.3. “BUSINESS HOURS” – the Provider’s business hours: 9:00 – 18:00 on official working days for the Republic of Bulgaria.    
1.4. “ADMIN ON LINE” – the service includes any operation, consultation, video meeting, telephone conversation, visit to a specific address and/or other actions requested by the CLIENT (or a person authorized by them), for which the PROVIDER has explicitly agreed to perform.
1.5. "SCHEDULED OPERATION” – an operation, part of the ADMIN ON LINE service, for which the PROVIDER and CLIENT have arranged a date at least 2 business days before the operation is to be carried out, and the operation can be performed during the PROVIDER’s business hours.
1.6. “URGENT OPERATION” – an operation, part of the ADMIN ON LINE service, for which the PROVIDER and CLIENT have arranged a date less than 2 business days before the operation is to be carried out and/or the operation cannot be performed during the PROVIDER’s business hours.

2. SUBJECT

These general terms and conditions govern the relationship, rights, and obligations between the PROVIDER and the CLIENT in relation to the provided services.

3. TECHNICAL ARRANGEMENTS

3.1. Requesting the “ADMIN ON LINE” service is done in writing by the CLIENT to the following email address – admins@abilixsoft.eu
3.2. In case of urgency, the CLIENT may also request services by phone at +359 52 600 375, whereby the PROVIDER is entitled to require a written request in any case where the oral request may lead to ambiguity, error, or any other problem;
3.3. The PROVIDER registers the request and within 1 (one) business day confirms or rejects the provision of the requested services. If there is no statement/response from the PROVIDER, the request is considered rejected.
3.4. The PROVIDER performs the work, and the compensation is determined based on the man-hours spent, and payment may be agreed in advance and/or after the completion of a certain amount of work and/or at the end of the reporting period. Invoicing is based on a work card provided to the CLIENT.

4. RIGHTS AND OBLIGATIONS OF ABILIX SOFT

4.1. The PROVIDER is obliged to:
4.1.1. Provide the agreed/paid services
4.1.2. Not to distribute, copy, or provide in any way to third parties or organizations any data, references, information, or other confidential information constituting trade or official secret of the CLIENT and which has become known to it during the execution of the assigned work.
4.2. The PROVIDER is entitled to:
4.2.1. Require a written request from the CLIENT
4.2.2. Receive the necessary assistance from the CLIENT for the execution of the assigned tasks
4.2.3. Immediately and without notice (regardless of any notification) terminate work on the “ADMIN ON LINE” Services for the CLIENT, when the manner of their use does not meet or is in violation of these General Terms and Conditions or the applicable legislation;
4.2.4. Refuse compensation and indemnities under these General Terms and Conditions in the case of services not performed as a result of non-fulfillment of obligations under these General Terms and Conditions;
4.2.5. The PROVIDER is entitled to receive remuneration for the time spent, according to the official price list in the Appendix "SERVICES “ADMIN ON LINE”", invoiced based on the work card issued at the end of the month/period.
4.3. The Provider is not liable for damages, including but not limited to interruptions in services and CLIENT’s workflow, except in cases of intent or gross negligence. 

 

5. RIGHTS AND OBLIGATIONS OF THE CLIENT
5.1. The CLIENT is obliged to: 5.1.1. Not to assign its rights arising from the agreed relations to third parties without the written consent of the PROVIDER;
5.1.2. Provide the necessary authorization for any third-party software which the CLIENT provides to the PROVIDER for the purpose of performing the Services. The PROVIDER is NOT liable for any use of software without the appropriate authorization, except where otherwise agreed, where there is an agreement between the CLIENT and the PROVIDER for the PROVIDER to provide software and the CLIENT has paid the PROVIDER for a license.
5.1.3. The CLIENT is obliged to pay the PROVIDER remuneration for all ordered and performed “ADMIN ON LINE” SERVICES according to the price list in the eponymous Appendix
5.1.4. The CLIENT has the right:
5.1.4.1. To order and use “ADMIN ON LINE” SERVICES
5.1.4.2. At the end of the reporting period/month to receive a work card describing the projects/activities on which the PROVIDER’s employees have worked, and the amount of time invested.
 

6. FORCE MAJEURE CIRCUMSTANCES

6.1. Any unforeseeable or unavoidable circumstance beyond reasonable control (could not have been foreseen or prevented) and not dependent on the PROVIDER, occurring after the date of confirmation and making it impossible to fulfill obligations under the offer, shall be considered force majeure or an irresistible force.
6.2. Abilix Soft shall not be liable for any damages if the non-performance (including delay in performance) is caused by a force majeure circumstance, such as earthquakes, fires, floods, epidemics, military conflicts, civil unrest, as well as prohibitions, restrictions, prescriptions, orders, and the like imposed by individual or normative acts of state or municipal bodies.
6.3. Force majeure does not exist if the event is due to lack of care by the PROVIDER or could have been overcome with due diligence.
6.4. The PROVIDER is obliged, within three days, to notify the CLIENT in writing about the occurrence and/or cessation of the force majeure.
 

7. LIMITATION OF LIABILITY

7.1. The PROVIDER shall not be liable in the event that the CLIENT experiences disruption of business processes as a result of the execution of the ordered “ADMIN ON LINE” SERVICE.
 

8. CHANGES AND AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
8.1. The PROVIDER is entitled to unilaterally make changes to the general terms and conditions and the price of the services.
8.2. The PROVIDER shall provide the CLIENT with information about the changes under Item 8.1. in advance, by publishing it on the website (https://abscloud.eu/en/) and/or to the email addresses provided by the CLIENT, at least 14 days before the date on which the changes become effective.
8.3. For pre-paid/advance paid services, the conditions and agreements effective at the time of payment for the respective services shall remain in force.
8.4. The CLIENT shall be deemed to have accepted the changes under Item 8.1. unless, before the date the changes are proposed to take effect, the CLIENT notifies the PROVIDER that it does not accept these changes.
 

These General Terms and Conditions are adopted by the Manager of Abilix Soft Ltd by order dated DD.MM.YYYY and enter into force X days from their publication.