Terms and Conditions

GENERAL TERMS FOR FRAMEWORK AGREEMENTS For Provision of Services by AbsCloud 

1. DEFINITIONS

For the purpose of the present General Terms, the terms and abbreviations below have the following meaning:
1.1. “AbsCloud” or “PROVIDER” is the legal person ABILIX Soft Ltd, with registered office: 9010 Varna,6, “Doctor Ivan Basanovich” Street and Email: support@abscloud.eu.
1.2. “APPLICANT” or “CUSTOMER” is the legal person duly formed under the Bulgarian/ European legislation, as well as duly entered in the respective Registers.
1.3. “Physical Server” – a device, on which a software is installed for implementing tasks related to storage, processing, accepting or transferring information.
1.4. “Platform” – a group /network/ of dedicated servers together with an Application Programming Interface (API) of software rules, specifications and/or standard protocols, developed or integrated by Abilix Soft, and providing information space
and access to information products and/or services to the CUSTOMER.
1.5. “Account” – Name and Password providing specific rights for access to services in the PLATFORM of AbsCloud
1.6. “Virtual Server”, “Server” – a specific part of the PLATFORM’s computational resource, present as a separate server software and dedicated for use by the
CUSTOMER.
1.7. “Administration” – actions for maintenance and prevention of eventual occurring inconsistencies and problems in the PLATFORM’s operation in general or in separate SERVERS.
1.8. “Backup” – periodic saving of copies of given information, allowing restoring the previous state of a specific SERVER if needed.
1.9. “Backup Recovery” – restoring the previous state of a SERVER from a past backup.
1.10. “Monitoring” – automated monitoring of specific parameters of the services with alarms for faults. Allows solving an eventual problem before it has been noticed by
the users.
1.11. “Trouble Ticket, ТТ” - a standard form, part of the automated system for monitoring
and administration of the provided services. “Trouble Ticket / Form Validation” - a Trouble Ticket correctly entered and accepted by the information system for monitoring and administration of the PLATFORM. The system issues a unique service number for the confirmation /validation/ of said Ticket.
1.13. “Reaction” - the time from the confirmation/validation of the Trouble Ticket to starting troubleshooting.
1.14. “Service Time” - the time from submitting a Trouble Ticket to restoring the full functionality of the provided services.
1.15. “Availability” - the percentage ratio between the time when there is an actual possibility to use the contracted service and the 24 hour calendar time period for the
reported month.
1.16. “Working time” - the business hours of the PROVIDER between 9:00 AM - 6:00 PM on official business days in the Republic of Bulgaria.
1.17. “Planned operation” – an operation for which the PROVIDER and the CUSTOMER have agreed on a date at least 2 working days before performing the operation and the operation can be made during the business hours of the PROVIDER.
1.18. “Urgent operation”- an operation for which the PROVIDER and the CUSTOMER have agreed on a date less than 2 working days before performing the operation and/or the operation can not be performed during the business hours of the PROVIDER.
1.19. “Free software” – every software, licensed under license GPLv2, GPLv3, aGPLv3, MIT, Apache, BSD, Mozilla Public.
1.20. „Code installed by the CUSTOMER” – this is every site, ERP system or any other software which is not free software and/or is not installed by the team of Abilix Soft
as part of the support.
1.21. “Basic Support” – a simple package of services that is described in details in the Annex, “Support and additional services”.
1.22. “Priority support” – a package with additional services that is described in details in the Annex “Support and additional services” .
1.23. “Additional services” – services which are out of the support packages, described in the Annex, “Support and additional services”. The same services are explicitly stated by the CUSTOMER, and the PROVIDER has confirmed the willingness to perform them.

2. DEFINITION OF PARAMETERS

2.1.Service - the total of all computing and/or communication resources provided to the CUSTOMER by the PROVIDER.
2.2. Processor (Number of Cores) - number of logical processors, provided for use by a specific SERVER or SERVERS. Each Processor corresponds to an actual existing logical core of a PHYSICAL SERVER of the PLATFORM.
2.3. Processor (minutes per day) - total number of processor minutes allowed for use, provided for use by a specific SERVER or SERVERS. They are measured based on a 24-hour period. They are reported for each Processor
separately and then summed up. Example - A three-core Server, having a consistent average load of 30%, would use 1296 (3*24*60* 30%) processor minutes for 24 hours.
2.4. Processor (Total Ghz) - the product of the number of cores and the rated clock frequency of the Processors, provided for use by a specific SERVER or SERVERS.
2.5. RAM (MB) - the volume of reserved main memory in Megabytes, provided for use by a specific SERVER or SERVERS. It corresponds to an actual reserved physical memory on a PHYSICAL SERVER of the PLATFORM.
2.6. “NVMe” (Gb) – The volume of disk space on an “NVMe” disk, effectively provided for use on a specific SERVER or SERVERS. It is measured in Gigabytes. It responses to a factual disk space on PHYSICAL SERVERS from
the PLATFORM. The maximum load available of this disk is up to 50 IOPS for each single GB, but not less than 500 IOPS and not more than 50000 IOPS.
2.7. “NVMe Optimized HDD” (Gb) - The volume of disk space whose read operations are accelerated by an NVMe-type disk, actually provided for use on a specific SERVER or SERVERS. It is measured in Gigabytes. It responses to factual disk space on  PHYSICAL SERVERS from the PLATFORM. The permissible read load on this disk is up to 33 IOPS for each single GB, but not less than 330 IOPS and not more than 3300 IOPS. The permissible write load on this disk is up to 5 IOPS for each single GB, but not less than 50 IOPS and not more than 250 IOPS.
2.8. “SDD” (Gb) - The volume of disk space on an “SSD” disk, efficiently provided for use on a specific SERVER or SERVERS. It is measured in Gigabytes. It responses to factual disk space on PHYSICAL SERVERS from the PLATFORM. The maximum load available of this disk is up to 10 IOPS for each single GB, but not less than 100 IOPS and not more than 5000 IOPS.
2.9.“HDD” (Gb) - The volume of disk space on an “HDD” disk, actually provided for use on a specific SERVER or SERVERS. It is measured in Gigabytes. It responses to factual disk space on PHYSICAL SERVERS from the PLATFORM. The maximum load available of this disk is up to 5 IOPS for each single GB, but not less than 50 IOPS and not more than 250 IOPS.
2.10 Internet (Mbps) - the peak speed of the Internet connection, provided for use by a specific SERVER or SERVERS. It is measured in Megabits.
2.11.Traffic (TB) – the total amount of information which may pass between a SERVER or SERVERS and other devices on the Internet. It is measured in Terabytes. In case it is not mentioned or it is noted `UNLIMITED`, the admissible traffic is indirectly limited only by the agreed Internet speed.
2.12. IPv4 Addresses - publicly accessible IP version 4 addresses, provided for use by a specific SERVER or SERVERS. They are measured with a number.
2.13. Servers - The number of SERVERS, provided for use to the CUSTOMER.
2.14. “Server Points” - the measuring unit for the computational resource in the PLATFORM. If it is agreed, it shows the maximum computational resource, which a specific CUSTOMER may use, according to the Annex “Prices and server points”.

3. SUBJECT

These General Terms regulate the relations, rights and obligations of AbsCloud and the CUSTOMER regarding the services provided by AbsCloud.

4. SUBSCRIPTION PLANS. TECHNICAL ESTIMATES

4.1.Subscription Plans are requested /negotiated/ by the CUSTOMER in writing or verbally. When the CUSTOMER confirms their request, AbsCloud issues a Proforma Invoice /or an Invoice/ with the agreed Subscription Plans and/or parameters and it is considered as a proposal or an Offer sent to the
CUSTOMER.
4.2. AbsCloud is bound by the sent proposal and may not withdraw or amend the Offer until the maturity noted on the Pro-forma Invoice /or Invoice/ expires. In case maturity had not been marked, the term is 14 calendar days.
4.3. The payment of the issued Pro-forma Invoice /or Invoice/ implicitly counts as accepting /agreeing with the provided Offer and the parameters agreed upon in the Subscription Plan are enforced as of that moment.
4.4. AbsCloud/The PROVIDER/ has developed and offers standard subscription plans described in the Annex “Prices and server points” to the current General Terms.
4.5. CUSTOMERS with long-term business relations with the PROVIDER have the right and are able to continue using the previously agreed services or to request their individual Subscription Plans according to their current needs. The price parameters for providing the above-mentioned services are stated in the
Annex „Prices and server points“.

4.6. Regulated technical estimates for support: Reaction (hours) Priority Support Basic Support:

4.7. Established state of affairs: The services agreed and paid for the first time before the current edition of the General Terms is reinforced include “Priority
Support”.
4.8. In case the type of support is not mentioned in the agreement or in the subscription plan, the service includes “Basic Support”.

5. RIGHTS AND OBLIGATIONS OF ABILIX SOFT

5.1. The PROVIDER is obligated to:
5.1.1. Provide the agreed /paid/ services according to the parameters, stated in the respective Subscription Plans.
5.1.2. Provide the support according to the subscription plan by restoring any occurred discrepancies in the server parameters of the agreed services observing the Reaction and the Service time regulated for this purpose.
5.1.3. Not distribute, copy or in any way provide to third parties and organizations, any data, references, notices or other confidential information, which is a trade or a company secret of the CUSTOMER and which became known to the PROVIDER during the execution of their work.
5.2. The PROVIDER has the right to:
5.2.1. Hold planned maintenance and inspections of the technical tools for providing the Services.
5.2.2. Make changes in the administration and monitoring of the provided Services, as well as optimize the work on the express condition that leads to improving the Service's parameters.
5.2.3. To requirе a written request from the CUSTOMER for each case in which the PROVIDER considers that the verbal request may lead to some confusion, misunderstanding or any other issues.
5.2.4. Have full operational discretion to choose freely the means, tools and conditions for creating and maintaining their PLATFORM, in case this does not lead to deteriorating of its use, previously agreed by the CUSTOMER.
5.2.5. Immediately and without notice /regardless of an available notification/ block the access, restrict and/or terminate the use of Services by a CUSTOMER, when the course of action does not correspond to, or is, in violation of these General Terms.
5.2.6. Refuse remedies and compensations in case of prepaid services which have been restricted or blocked due to non-fulfillment of the obligations in these General Terms.
5.2.7. The PROVIDER has the right to receive remuneration for additional services, according to the official price list in the Annex "Support and additional services".
5.2.8. If necessary, the PROVIDER has the right to use subcontractors for activities under the "Priority Support" package.

6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

6.1. The CUSTOMER is obliged to:
6.1.1. Use the Trouble Ticket of the system, notifying the PROVIDER in a timely manner for all discovered issues regarding the provision of the Services. The Ticket activates the respective service modes and entry in the Trouble Registers of the Platform. The Trouble Ticket is also a contractual basis for considering the PROVIDER as duly notified.
6.1.2. Monitor and not allow, in the provided virtual information devices, the use and/or possession of software or contents, which:
6.1.2.1. Violate the Intellectual Property rights, Trademarks, Copyrights or other similar, subject to the Bulgarian/ European legislation.
6.1.2.2. Store information for others’ passwords or access rights without the consent of their holders, as well as store software for access to such passwords or rights.
6.1.2.3. Incite to committing crime, violence and/or threats against persons, as well as incitement to racial, national, ethnic or religious feud.
6.1.2.4. Derogate the honor, dignity and good name of someone else, as well as any content, which may lead to illegal meddling in the private or family life of the citizens.
6.1.2.5. Endanger the normal mental development of minors and/or violate the norms of morality and good customs.
6.1.3.During the process of free movement of data and information in the Platform, to not allow the receiving/sending of unsolicited emails, illegal processing of personal information or storage of classified information according to the Law on E-Trade (LET), the Law for Protection of Personal Information (LPPI) and the Law for Protection of Classified Information (LPCI).
6.1.4. Consider and, if possible, bind their work and security rules for theirinternal Information System /the SERVERS, on which they work/ with the competence of the Recommendations, Tips and Help, provided by the Information Platform of Abilix Soft.
6.1.5. Not provide their rights arising from the contractual relations to third parties without the PROVIDER’s written consent.
6.1.6. Not allow peak use of the resource “processor time” in which to use more than 2/24 from the defined daily resource in one astronomical hour.
6.1.7.Not allow peak use of disk resources over the defined number of operations per second for more than 30 seconds.
6.1.8. Compensate and protect AbsCloud from all damages, costs and claims of third parties in connection with the use of the services by the CUSTOMER which are consequence of violation of the General Terms and/ or unregulated use of the services in violation of mandatory arrangements, applicable Bulgarian or international legal norms, to which the Republic of Bulgaria is a party.
6.1.9. To ensure a proper authorization for using every software possession of third parties which the CUSTOMER uses in the Services. The PROVIDER is not responsible for possible use of software without permission except in the cases when the parties have agreed otherwise, there is an agreement between the CUSTOMER and the PROVIDER for providing software from the latter and the CUSTOMER has paid to the PROVIDER for the permission.
6.1.10. The CUSTOMER is obligated to pay remuneration to the PROVIDER for all requested and performed “additional services” according to the price list in the Annex “Prices and server points”.

6.2. The CUSTOMER has the right to:

6.2.1. Use the contracted Services.
6.2.2. Receive timely and comprehensive information on all discovered and duly reported issues and inconsistencies regarding the provided Services.
6.2.3. To make written or verbal requests to the PROVIDER for additional services for actions which are not included in the service used by the CUSTOMER.
6.2.4. Send up to 500 emails within one astronomical hour, if there is no other explicit written/ verbal agreement. The CUSTOMER is obliged not to send emails to persons, who do not wish to receive them. It is strictly prohibited to send unsolicited random messages (advertisements, political statements, ads etc.) or the so called “spam”/“junk mail”. The CUSTOMER is obliged to reply to all spam-related queries by the PROVIDER within 2 hours. A violation of this time may lead to termination of CUSTOMER`s service without notice.

7. QUALITY AND AVAILABILITY OF THE SERVICES. SCOPE OF THE CONTRACTUAL LIABILITY:

7.1. The availability and the quality of the Services are activated after the payment of the respective monthly installments /Invoices/ under parameters, provided in the respective Subscription Plans.
7.2. If the quality of one or more parameters is disrupted at the PROVIDER’s fault, the CUSTOMER has the right to receive a compensation in the form of a discount from the monthly fee /penalty/, according to the percentages below:

7.3. Customers with long-term business relations with Abilix Soft may conclude a Service Level Agreement (SLA), which sets individual guarantees and quality parameters for availability of services. In cases where there is a deviation from the guaranteed time of service availability, the CUSTOMER may request and
AbsCloud is obliged to pay a penalty, whose exact amount and method of calculation are defined in the concluded Service Level Agreement (SLA).
7.4. The requests for receiving the penalty from the above articles are deposited with the PROVIDER by the CUSTOMER in writing within 30 days after the end of the reporting period, in which the disrupted quality is discovered.
7.5. The total amount of the penalties for a single period, in which the time for availability of a specific service is calculated, may not surpass the amount of the fee for said service for the same period.
7.6. AbsCloud is obliged to review the request for receiving a penalty and make a written decision.
7.7. If the pretense is valid, AbsCloud issues a credit note. Offsetting the penalty is allowed after a bilateral written agreement between the Parties.
7.8. The PROVIDER is not responsible for limiting or interrupting the services when it is provoked by the CUSTOMER’s actions or by other people's actions that have been authorized by the CUSTOMER.

8. FORCE MAJEURE

8.1. Any unforeseen or unsurmountable circumstance, which is beyond the reasonable control /could not have been anticipated and prevented/ and does not depend on the PROVIDER, occurring after the date of Invoice payment and making the fulfillment of the obligations under the Framework Contract
impossible, shall be considered as Force Majeure.
8.2. AbsCloud will not be held liable for damages, if the non-fulfillment /including the delay in fulfillment/ is caused by a Force Majeure, such as earthquakes, fires, floods, epidemics, war conflicts, civil unrest, as well as bans, restrictions, notices , orders and other similar, imposed by individual or normative acts of
state or municipal authorities.
8.3. There is no Force Majeure if the respective event is due to failure of the PROVIDER to exercise diligence or if there is diligence, it could be overcome.
8.4. AbsCloud is obliged to notify the CUSTOMER in writing within three days for the occurrence and/or end of the Force Majeure, offering a mutually beneficial compensation according to the paid monthly fee and the good commercial practices. AbsCloud is obliged to take all reasonable and accessible
measures required to mitigate the injurious effects, as well as the damages, which may occur during the Force Majeure.

9. CHANGES AND AMENDMENTS TO THE GENERAL TERMS

9.1. AbsCloud has the right to unilaterally make changes in the General Terms, the parameters of the monthly Subscription Plans, the price of the offered
Services, as well as the rules of their use.
9.2. AbsCloud provides its CUSTOMER information about the changes in point 9.1 in advance by publishing on the website ( https://abscloud.eu) and or by email addresses, provided by the CUSTOMER in term not less than 14 days before the date on which the changes take effect.
9.3. For services that have been agreed and paid /prepaid/ in advance, the terms and conditions, active during the payment of the respective services, remain in force.
9.4. It is considered that the CUSTOMER has accepted the changes in point 9.1 unless the CUSTOMER has notified  AbsCloud that he/she does not accept the changes before the proposed date for enforcing the changes and/or there is no payment to the invoices issued / under the new terms and conditions/
by AbsCloud.
9.5. The following applications are adopted by decision of the Manager of AbsCloud under the conditions and methods, specified above, and they will be an integral part of the General Terms:

Annex: “Prices and server points”
Annex “ Support and additional services”

These General Terms have been adopted by general meeting of the partners of Abilix Soft Ltd with Protocol of 14.06.2023, announced by the Manager on the website of the Company on 16.06.2023 and shall enter into force within 7 /seven/ days from their announcement.

Annex
Prices and server points

Annex
Support and additional services

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