General Terms and Conditions for the "Hosting" Service

1. SUBJECT AND SCOPE OF THE GENERAL TERMS AND CONDITIONS

1.1. These General Terms and Conditions are intended to regulate the relations between „Jump.BG“ Ltd., hereinafter referred to as the „Provider“, and Clients, regarding the provision of the Dedicated Server 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 apply for as long as the Provider provides services to the Client on the basis of an Order made 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 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

 

3. CHARACTERISTICS OF THE SERVICE

3.1. Definition of the service

3.1.1. A „Dedicated Server“ (DS) is a physically distinct computing unit that possesses its own hardware computing resources. The DS can be accessed, managed, started, restarted and stopped independently directly by the Client or upon request to the Provider.

3.1.2. A physical device on which an operating system is installed at the Client's request. It has dedicated hardware resources. By default, the device has two disks, which can be configured in a software RAID at the Client's request. It has its own static real IPv4 address. It has unguaranteed Internet connectivity in a shared channel – up to 1 Gbps up to a certain traffic limit, 100 Mbps after the specified traffic limit is exhausted. It is provided with full administrative access to the machine via SSH, RDP, IPMI, etc.

3.1.3. The service is activated after payment of the first (monthly) fee by the Client and after the Client is 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. The service includes:

• Physical placement of the server in a data center;
• Unlimited number of websites (up to the size of the server's resources);
• Web-based management interface /control panel/ (at the Client's discretion);
• Hardware support.
• Free initial installation of an operating system by the provider: CentOS, Debian, Ubuntu;
• Free migration of your sites and emails from their current hosting to the newly rented server;
• Unlimited traffic;
• 1Gbit port (connectivity allowing data exchange of up to 1Gbit per second).

3.1.6. For the period of rental, all servers are the property of the Provider and are located in a Data Center of class Tier 3+. The Client has full remote access to the servers. The Provider may grant access to the Client to the server at a previously agreed date and time and after providing personal data (three names and a Personal Identification Number). Physical access to the server is granted only in the presence of an authorized employee of the Provider in compliance with all security requirements in the Data Center.

3.1.7. The subject of the rental is not the physical server itself, but its hardware resources.

3.1.8. All servers meet the following conditions:

1. they have been tested before being put into operation;

2. they have an IPMI (Intelligent Platform Management Interface) controller, allowing the Client low-level remote access to the system through an ordinary web browser, as well as through specialized software.

3.1.9. The activation and maintenance of the service is carried out by a specialist of „Jump.BG“ Ltd. The maintenance of the service is carried out by submitting a request from the Client, made through the client area.

3.1.10. The service is considered to be working and available if the server is technically functional and the associated Internet access services are available.

3.2.3. The Provider has limited access to the IPMI controller of the rented server. The limited access allows monitoring of various hardware parameters of the server, which in turn enables the prevention and diagnosis of various hardware failures.

3.2.4. The Provider is not liable for the actions of additional user accounts that the Client has created and to which the Client has granted access to the management of their services through the client area.

3.2. (1) The Provider provides the Service in accordance with the parameters of the respective subscription plan selected by the Client. The parameters of the initially selected subscription plan may 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 option 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: disk size. The Client may not request a decrease of the parameters of the service below the basic configuration of the server they have purchased. The parameters of the basic configuration are indicated 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 in accordance with the preceding paragraph, then the Client may not request the decrease of this parameter to the size of the basic 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.

3.3. During the initial configuration of the server, a random password for access to it is generated. This password is visible in the client area. For greater security, the Provider recommends that the Client change the password through the server itself, so that it differs from the initially generated one.

3.4. 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 during their use.

3.5. As part of this service, the Provider is not liable for the proper functioning of the software installed by the Client on the rented server. The Provider does not have access to and bears no liability for the integrity, confidentiality and availability of the information and data located on the rented servers.

3.6. The Provider is not liable for the actions of additional user accounts that the Client has created and to which the Client has granted access to the management of their services through the client area.

3.7. The content located on the servers is provided entirely by the Client. The Provider bears no liability 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.

 

4. TERM OF THE SERVICE

4.1. The service is provided on a subscription basis. The service is provided for a minimum term of 12 months. The accounting period for the service is 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 in accordance with specifications agreed with the Client;

(2) to provide technical support for the service in accordance with the subscription plan selected 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 planned maintenance that may lead to interruption or deterioration of the quality of the services, to notify the Client under the conditions provided for in the Contract.

5.2. The Provider has the right:

(1) to receive remuneration from the Client for the provided Service;

(2) to carry out constant supervision over the technical functionality of the Service and to give directions and instructions to the Client for the proper use of the Service;

(3) to restrict the Parameters or to interrupt the provision of the Service to the Client when carrying out technical maintenance of its premises and equipment or modifying elements of the communications infrastructure;

(4) to temporarily restrict 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 carry out Additional services only after reaching a written agreement 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 temporarily or permanently restrict or terminate the use of the Service if it establishes that the Client uses 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 prosecution, the investigation and the Ministry of the Interior in exercising control and actions on their part, by providing information about 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 communications 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 actions of the Provider under para. 1.

5.4. The Client undertakes:

(1) to pay the Provider the agreed remuneration for the use of the Service in accordance with 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 Provider's other clients or its communications infrastructure, to preserve 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 provide full assistance to the Provider for the provision of the Service and the resolution of problems related to it, as well as to grant access to representatives of the Provider to the end points of provision of the Service located in its 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, apart from the software expressly provided by the Provider upon activation of the Service;

(9) to provide true and current 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 lawfully, ensuring the availability of all necessary rights, licenses and other rights and permissions in accordance with 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 the publication, provision and distribution in any manner of data, messages, text, computer files or other materials that contravene Bulgarian legislation, the applicable foreign laws, these terms, Internet ethics or good morals and which violate the rights of third parties, namely: copyrights or related rights, registered trademarks, patents or other rights of intellectual property, property 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 risky programs or their components, not to publish and not to provide the transfer of pornographic and illegal materials.

5.8. The Client undertakes not to use the Service for the publication of 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, advocating fascist, racist or other undemocratic ideology, the content of which violates the rights or freedoms of man, according to the Constitution and the laws of the Republic of Bulgaria and international acts.

5.9. The Client agrees not to use the Service for sending unsolicited mail "spam". The violation of this requirement is grounds for the temporary suspension of the provided service, of which the Provider notifies the Client. In case of a 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 from qualified personnel of the Provider in accordance with the selected subscription plan;

(4) to withdraw from the services, without stating a reason, without owing compensation or penalty and without paying any costs whatsoever, 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 in 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 manner (sending an electronic message within the stated 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 in accordance with the selected subscription plan.

(2) Information about the various subscription plans is available on the following web page: https://help.jump.bg/ssdvps.html

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 new prices enter into force. In this case, the Client has the right to send a written notice of termination of the Contract before the new prices enter into force. In the event that the Client does not send a 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 often than once within a 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 adjusting prices, 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 can 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 ePay system - in accordance with the 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 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 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 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 carried out automatically, and the 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 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, in the „Reason“ field, the number of the issued proforma invoice. In case of an incorrectly filled-in field, the Provider does not bear responsibility if the payment is not accounted for on time.

6.6. Any received payment 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. If the Client is in arrears by more than 7 (seven) calendar days with the payment of the remuneration for a certain service, the Provider has the right to rescind the Contract with respect to this service.

7.5. The Provider has the right to restrict and/or terminate the provision of the Service to a Client who has stated that they wish to continue receiving the service for a new subscription period but has not paid the remuneration due. In the event that the Client is in arrears by more than 7 (seven) calendar days with the payment of the remuneration for the new subscription period, then the Provider has the right to rescind the Contract with respect to this service.

7.6. 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 provided services are used in violation of the legislation in the Republic of Bulgaria or in violation of these general rules.

7.7. The retention period of data on virtual servers that have not been renewed or have been stopped due to a violation of the conditions of the Contract or these General Terms and Conditions depends on the technical capability 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 deletes the servers entirely.

 

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 up to the remaining term of the contract (in accordance with the plan they have selected).

(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 up to 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 monthly fee due 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 case 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's service may not have content that the Client has no right to broadcast in accordance with 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 the intellectual property rights (copyright and related rights) over the content of their service in accordance with the applicable legislation. Applicable legislation means all current 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 subordinate legislation were in force at the time of the 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 well-founded or not, for all damages and costs, incl. attorney's fees and court costs, arising from or in connection with:

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

(2) violation of copyright, producer's, 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 property or non-property damages, consisting of 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, etc.

 

10. PROTECTION OF PERSONAL DATA

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 grounds of Art. 6, para. 1, point "b" of the GDPR – the processing is necessary for the performance of a contract to which the data 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://help.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 can have control over the personal data that the Client processes.

10.5. The Provider is not liable for the content, incl. 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 the processing of 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 action 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 case 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 reciprocal obligations is suspended. The cancellation 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.

11.2. Force majeure means any unforeseen or unpreventable event of an extraordinary character, 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 the expected duration of its inability to perform 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 this party will be responsible for the performance of the obligations that are not affected by the force majeure.

11.5. Any unperformed obligation, the non-performance of which is due to force majeure, must be performed 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.

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 giving written notice with acknowledgment of receipt. In this case, the 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 applicable legislation. In case of copying or reproduction of information beyond what is permissible, as well as in case of any other violation of the 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 it is expressly agreed, the Client may not reproduce, modify, 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 rights of intellectual property over software in connection with the services provided by the Provider to the Client.

12.3. The Provider reserves the right to restrict or completely disable sites that use other parties' 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 grants the Provider, free of charge, the non-exclusive right to use its 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 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. FINAL PROVISIONS

13.1. 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.

13.2. 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://help.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.