1.1. The present GENERAL CONDITIONS shall determine the procedure and conditions for providing access to the BTA information database in return for payment on the part of SUBSCRIBERS.
1.2. Access to the BTA information database may be granted to any natural or legal person identifiable as follows:
1.2.1. for natural persons – by name, Standard Public Register Number (for aliens – insurance number), data from identity document, address registration, correspondence address, telephone for contact – office and home;
1.2.2. for legal persons and sole traders – by name (company name), data about court registration, court certificate attesting to all entries to the record to date, Standard Identification Code under BULSTAT, registered office and address of the place of management, correspondence address, telephone for contact - office.
2.1. BTA shall provide the SUBSCRIBER the opportunity of access to its information database by electronic medium in return for payment according to the Contract signed by the parties thereto and the present General Conditions, an integral part of any Contract.
2.2. BTA shall provide the SUBSCRIBER with access the right to receive and review; the non-exclusive right to use information from the rubrics in the BTA database indicated in the CONTRACT, reproducing in entirety and/or in part information, correspondences, reports, interviews, analyses, photos and other under the conditions of the present GENERAL CONDITIONS, an integral part of any Contract.
2.3. The point/points and the number of workstations where BTA shall provide the SUBSCRIBER access to the BTA information database shall be listed in detail in the Contract signed by the parties thereto.
2.4. BTA shall provide the SUBSCRIBER with the right to reproduce and distribute parts of the BTA information database in the printed and/or electronic media, radio and or TV programs listed in the Contract in detail and to the full.
3.1. The price for access and use on the part of the SUBSCRIBER of the information database shall be agreed in Section II of the Contract between the parties thereto.
3.1.1. Upon payment of monthly subscription the SUBSCRIBER shall be entitled to access to all files in the BTA information database that the said SUBSCRIBER has contracted with BTA.
3.1.2. The SUBSCRIBER shall owe BTA the price of the actually downloaded files.
For the right to receive and use files from a BTA information product, the SUBSCRIBER shall be obliged to transfer as a security for future payment of the price of the downloaded files a one-time cash deposit to the amount of ............................................................ to a BTA account. The deposit shall be refunded following the termination of the Contract or in the case of waiver of receiving files from BTA information products. The deposit shall be absorbed unconditionally on the part of BTA due to nonpayment of the agreed price, as well as following suspension of access for the same reasons.
BTA shall record the file (text, photo) as downloaded at the moment at which the SUBSCRIBER opens it or when the file is saved directly on an electronic medium. Every download of the file following the first shall be recorded again.
BTA shall provide for free the opportunity of the SUBSCRIBER to receive at any time information about the number of actually downloaded files to date.
Within 48 (forty-eight) hours of receiving the bill for the downloaded files the SUBSCRIBER shall be entitled to a reasoned objection in written form, requesting in return for payment set down in the Contract detailed information about all files downloaded over the respective period.
3.2. The prices shall be paid within the following time-limits:
3.2.1. The prices per month shall be paid by the 10th (tenth) day of the current month, the sum not being refunded to the SUBSCRIBER, regardless of whether the said SUBSCRIBER has used the respective information from the BTA information database;
3.2.2. Prices per file shall be paid according to the actual number of files downloaded over the month by the 10th (tenth) day of the following month at the latest.
3.3. The prices shall be paid following the issuance on the part of BTA of a pro forma invoice in the name of the SUBSCRIBER by means of a transfer to the BTA bank account explicitly indicated by the Contract signed by the parties.
The costs on the bank transfer shall be at the expense of the SUBSCRIBER.
3.4. The prices referred to in Clause 3.1. shall be valid for the term of the Contract. Where the tenth day of the month falls on a non-banking day payment shall be effected on the first workday following at the latest.
3.5. BTA shall have the right to raise the prices referred to in Clause 3.1. by 10%(ten per cent), without taking the conditions under the Contract into account, considered from the beginning of every subsequent financial year and after sending a three months’ written notice in advance. In this case the SUBSCRIBER shall have the right to terminate the Contract from the date of the raising of prices.
3.6. The prices of BTA information products shall be determined in the Contract with the SUBSCRIBER in Bulgarian leva (BGN) or the equivalent in leva of a foreign currency calculated by the official exchange rate of the Bulgarian National Bank on the day the payment is made.
4.1. The duration of the Contract between BTA and the Subscriber shall be set down in the Contract.
4.2. The Duration of the Contract shall be extended automatically for every subsequent period following the duration indicated in the Contract providing none of the parties thereto does not send written notice of at least 3 (three) months prior to the expiry of the time-limit, respectively the extension of duration, to the other party, specifying that the former does not want the duration extended or other wise that an extension is desired, but for a time-limit different from the one agreed previously.
5.1. BTA RIGHTS AND OBLIAGTIONS
5.1.1. BTA rights and obligations in relation to technical support
5.1.1.1. BTA shall provide the SUBSCRIBER with the non-transferable right to use a password for access to the BTA information database. The SUBSCRIBER shall not be entitled to provide in any form whatsoever the password to third parties, except in the cases where the explicit written agreement of BTA has been received.
5.1.1.2. BTA shall be obligated to provide, simultaneously with the installation under the preceding clause, one-time training in using the computer applications and technical devices where the SUBSCRIBER expresses desire to that end in advance.
5.1.1.3. BTA shall be obligated to commence, within 24 (twenty-four) hours of receiving an invitation from the SUBSCRIBER, to eradicate at its expense failures related to the reception of BTA information products, except in the cases of failures caused by the fault of the SUBSCRIBER or resulting from an event beyond the control of BTA.
5.1.1.4. In the case of a failure caused by the fault of the SUBSCRIBER, or in case of an event beyond the control of BTA, BTA shall eradicate the said failure in return for additional remuneration to the amount of the actual market value of the materials and labour necessary for the repair, accounted by the man-hours spent, as well as payment on the part of the SUBSCRIBER of all costs for the eradication of the failure (business trips, etc.).
5.1.2. BTA rights and obligations in relation to intellectual property
5.1.2.1. BTA shall reserve all intellectual property rights on the contents of its information database.
5.1.2.2. BTA shall undertake to provide correct and unbiased information.
5.1.2.3. BTA shall also have the right to sell or provide access to its information products to other potential subscribers in and/or outside Bulgaria without any limitations whatsoever.
5.2. SUBSCRIBER RIGHTS AND OBLIGATIONS
5.2.1. SUBSCRIBER rights and obligations in relation to technical support
5.2.1.1. The SUBSCRIBER shall not hold BTA liable for possible delay or non-reception of information from the information database where this occurs because of circumstances not depending on BTA.
5.2.1.2. The SUBSCRIBER shall be obligated to ensure and to be held liable in accordance with the laws of Bulgaria concerning copyright and intellectual right on the technical facilities and computer applications necessary to receive and use the BTA information products.
5.2.1.3. The SUBSCRIBER shall be obligated to provide at his/her own expense the technical conditions, including the necessary lines, for access to the BTA information database.
5.2.1.4. The SUBSCRIBER shall be obligated, at the request of BTA, to improve his/her hardware and/or software with the objective of preserving compatibility with the BTA facilities and/or computer applications. Where the SUBSCRIBER fails to make the requested improvements within a period of 3 (three) months BTA shall not guarantee the access to the BTA information database.
5.2.1.5. Where, for technical or other reasons, for which BTA cannot be held liable, BTA has to provide information from its database by means other than the agreed electronic medium, the SUBSCRIBER shall be obligated to pay for the delivery by the actual price with the first payment following the said delivery.
5.2.1.6. The SUBSCRIBER shall be entitled to change the e-mail whereby the said subscriber receives access to the BTA database after notifying BTA to that end in advance. Otherwise BTA shall not be held liable for the inability of access to the information database on the part of the SUBSCRIBER.
5.2.2. SUBSCRIBER rights and obligations in relation to intellectual property
5.2.2.1. The SUBSCRIBER shall have the right of access to the BTA information database at the price pursuant to the Contract with the SUSBCRIBER, as well as the right to use by reproducing part of an item of information and distribute the said part only in his/her printed and/or electronic publications, radio and/or television broadcasts listed in detail in the Contract, on the territory of the Republic of Bulgaria alone.
5.2.2.2. The SUBSCRIBER shall be obligated to use any information from the BTA information database in compliance with the acting statutory instruments in this country.
5.2.2.3. The SUBSCRIBER shall be obliged not to change the meaning of the parts of information from the BTA information database by distributing it in the form in which it has been received. The SUBSCRIBER shall not have the right, under any circumstances, to change the facts, content or direction of the information in terms of form, spirit or any other manner that distorts the essence of the information from the BTA information database.
5.2.2.4. The SUBSCRIBER shall have the right to edit excerpts from the content of any piece of information from the BTA information database with the objective of including these excerpts in Subscriber products, providing that the said SUBSCRIBER does not distort the meaning of each excerpt and is again bound to quote BTA as a source. In case of violation of this clause, the SUBSCRIBER shall be obligated to publish a disclaimer of BTA in a reasonable manner suggested by BTA.
5.2.2.5. The SUBSCRIBER shall be obligated not to transmit to third parties in and/or outside Bulgaria any of the information items, or individual excerpts therefrom, received by the SUBSCRIBER from the BTA database without the explicit written agreement of BTA for every concrete case, or to transmit that information by any printed and/or electronic means, including through database, in e-zones, by means of CD-ROM, DVD, video and/or audio mediums, computer networks, information by phone, by cable or by broadcast.
5.2.2.6. The SUBSCRIBER shall be obligated to immediately notify BTA in case the said Subscriber becomes aware of unlicensed reception, review and/or use of the BTA information database.
5.2.2.7. The SUBSCRIBER shall have the right to keep information from the BTA information database for a period of 1 (one) month from the date of the reception thereof and to one-time use of that information in his/her printed and/or electronic publications. At the end of this period the SUBSCRIBER shall be obligated to erase from any kind of information medium the stored BTA information product content.
No provision in this clause may stop the SUBSCRIBER from distributing own products listed in the Contract with the SUBSCRIBER even after the expiry of the allowed period of storage, or to store own printed and/or electronic publications, radio and/or TV programs also in own databases or other archives.
The SUBSCRIBER shall be obligated to give upon request access to BTA to any location where said SUBSCRIBER stores information content from the BTA information database, as well as to provide any reasonable evidence requested by BTA that the permitted time-limit of storage in compliance with this clause of the GENERAL CONDITION is being kept by the SUBSCRIBER.
5.2.2.8. The SUBSCRIBER shall be obligated to refer to BTA as a source upon using any information or a part thereof, received in compliance with the Contract concluded by the parties. Where BTA quotes a source of information the SUBSCRIBER shall also be obligated to quote that source too.
5.2.2.9. The SUBSCRIBER shall be obligated to abide by any restrictions, including all kinds of embargo on the distribution of a received element and/or part of element of BTA information.
6.1. In the case of default of payment of the prices under the Contract by more than 3 (three) workdays, the SUBSCRIBER shall owe damages to the amount of 1.0 (one) per cent of the sums due for every day into default.
6.2. Regardless of the damages referred to in Clause 6.1. of the General Conditions of the contracts for providing information from the BTA information databases in return for payment, BTA shall have the right to suspend the access of the SUBSCRIBER to its information database in case the SUBSCRIBER fails to pay the sums due after the expiry of 7 (seven) calendar days after the last day of the time-limits pursuant to the CONTRACT. In this case, the provision of access to the BTA information database shall be restored within 3 (three) workdays following the reception of the sums due, together with the damages referred to in Clause 6.1. of the General Conditions of contracts for the provision of access to the BTA information database in return for payment to the BTA bank account.
6.3. The SUBSCRIBER shall owe damages to the amount of double the monthly price of the respective level of access to the BTA information database in compliance with the Contract and the General Conditions of the contracts for the provision of paid access to the BTA information database in every one of the following cases, where:
6.3.1. the SUBSCRIBER provides his/her personal password for access to the BTA information database and/or allows a third person to learn and/or use it;
6.3.2. the SUBSCRIBER uses information from the BTA information database in printed and/or electronic publications, radio and/or television programs of the SUBSCRIBER other than those explicitly stated in the Contract, and/or permits or allows use of a BTA information product in other printed and/or electronic publications, radio and/or television programs that do not belong to the SUBSCRIBER, as well as in the case the said Subscriber does not quote BTA;
6.3.3. the SUBSCRIBER hands over to third persons in and/or outside Bulgaria any one of the items of information received by the SUBSCRIBER from the BTA information database, or separate excerpts therefrom, without the explicit written agreement of BTA for every concrete case, or else relays this information in any manner whatsoever, be that in printed and/or electronic form, including through a database, in e-zines, by CD-ROM, DVD, video- and/or audio media, including via the INTERNET, by means of videotext, teletext, information by phone, by cable or by air;
6.3.4. the SUBSCRIBER keeps information from the BTA information database for more than 1 (one) month following the date on which the same has been archived in the BTA information database and/or does not provide upon request to BTA access to any place whatsoever where the SUBSCRIBER stores content of the BTA information database, or else fails to provide any requested by BTA reasonable evidence that the permitted time-limit for storage in compliance with the General Conditions of the contracts for the provision of access to the BTA information database is being kept by the SUBSCRIBER;
6.3.5. In the case of sale on the basis of number of files, the damages referred to in Clauses 6.3.1. – 6.3.3. shall be calculated on the amount of the price for access to a rubric photo service/service of a BTA information database. In that case the SUBSCRIBER shall owe immediately one-time damages to the amount of the monthly subscription for a BTA photo service rubric, multiplied by 2 (two), for every individual case.
6.4. Where the SUBSCRIBER violates his/her obligations pursuant to Clauses 5.2.2.3., 5.2.2.4., 5.2.2.8. and 5.2.2.9. of the present GENERAL CONDITIONS, resulting in pecuniary or non-pecuniary damages, or foregone profit for BTA, the SUBSCRIBER shall be obligated to compensate them in double the amount in cash, regardless of the damages due.
6.5. For all other violations not mentioned explicitly in the GENERAL CONDITIONS, compensation under the general procedure shall be due in compliance with the acting legislation.
6.6. Where the SUBSCRIBER terminates unilaterally the Contract with BTA, except in the cases referred to in Clause 3.5. of the General Conditions of the contracts for the provision of access to the BTA information database, without abidance by the 3 (three) month prior notice, the same shall owe BTA damages to the amount of 10%(ten per cent) of the value of the failed prior notice, which shall be included in the invoice for the last period where the Subscriber has had access to the BTA information database.
Disclaimer for BTA.
7.1. BTA shall not be held liable in the cases where the BTA information database is not partly or completely compatible with the SUBSCRIBER hardware and/or software.
7.2. BTA shall not be held liable in the cases where the information database and pieces of information and/or separate excerpts thereof are lost or damaged due to the connection of the applications and/or the technical facilities of the SUBSCRIBER with systems, applications or facilities not supplied by BTA.
7.3. BTA shall not be held liable for access to the information database upon delay of access, incorrect transmission or non-transmission of information due to the quality of telephone lines, damage in the transmission and/or receiver facilities, force majeure circumstances or other reasons beyond the control of BTA.
7.4. BTA shall not be held liable for the content of the articles distributed as excerpts from information materials in which it has explicitly quoted the source - another media, institution, a concrete person, a group of persons or other.
Disclaimer for SUBSCRIBER.
Disclaimer for SUBSCRIBER
7.5. In the cases referred to in Clauses 5.2.2.5.,6.3.3., 6.3.4.,6.4. the SUBSCRIBER shall not be held liable for any of the cases referred to in Clause 7.5. of the present General Conditions of contracts for the provision of access to the BTA information database in return for payment where the same has not been perpetrated culpably by the said SUBSCRIBER.
8.1. The validity of the Contract may be terminated by any of the parties thereto by means of a three-months’ prior written notice under the conditions of Clause 6.6. of the present General Conditions of contracts for the provision of access to the BTA information database in return for payment.
8.2. The validity of a Contract shall be terminated automatically without prior notice:
8.2.1. By mutual consent of the parties;
8.2.2. Upon the termination or bankruptcy of the SUBSCRIBER – a legal person, respectively upon the death or placement of SUBSCRIBER – a natural person - under interdiction;
8.2.3. On the part of BTA, without the termination freeing the SUBSCRIBER from the obligation to pay the damages under Section VІ of the present General Conditions of contracts for the provision of access to the BTA information database in return for payment, in the following cases where:
8.2.3.1. the SUBSCRIBER does not pay the sum due according to the Contract, respectively the damages for default of payment, within 30 (thirty) calendar days following the expiry of the time-limits for payment under the CONTRACT;
8.2.3.2. the SUBSCRIBER violates his/her obligations under any one of the hypotheses of Clause 5.2.2. of the present CONTRACT whatsoever.
8.2.4. On the part of the SUBSCRIBER in the following cases where:
8.2.4.1. BTА raises the prices without sending a three-months' prior notice, in which case the SUBSCRIBER shall be entitled to terminate the contract from the date the prices are raised;
8.2.4.2. BTA violates by more than 3 (three) workdays the commencement of fulfilling its obligations pursuant to Clauses 5.1.1.2., 5.1.1.3. and 5.1.1.4 of the present General Conditions of contracts for the provision of access to the BTA information database in return for payment.
8.3. Upon termination of the Contract, regardless of the grounds, the SUBSCRIBER shall be obliged to immediately erase from any kinds of information mediums the stored pieces of information from BTA.
8.4. Upon termination of the Contract, regardless of the grounds, BTA shall retain the right of access to any location whatsoever where the SUBSCRIBER has stored content of BTA information services, as well as the right to request any reasonable evidence that the SUBSCRIBER does not store pieces of information from the BTA information database after the termination of the Contract.
9.1. All notifications in relation to the Contract and the General Conditions of contracts for the provision of access to the BTA information database in return for payment shall be sent by the parties simultaneously by fax or registered post (receipt), or shall be delivered in person, the parties setting down in the Contract correspondence addresses and contact persons.
9.2. The parties shall accept not to make public information about the clauses of the Contract and the General Conditions of contracts for the provision of access to the BTA information database in return for payment, or information each of them has received from the other party in relation to the conclusion and/or execution thereof, except in the case of explicit prior agreement of both parties. BTA shall retain the right to post a notice to all subscribers for the sums they owe under their contracts in compliance with the CONTRACTS concluded between the said parties.
9.3. None of the parties to the Contract and the General Conditions of contracts for the provision of access to the BTA information database in return for payment may transfer rights and/or obligations thereunder without the prior explicit written consent of the other party.
9.4. Where any clause of the Contract and the General Conditions of contracts for the provision of access to the BTA information database in return for payment proves null and void that shall not influence the validity of the rest of the Contract clauses.
9.5. All disputes between the parties to the Contract shall be resolved by means of negotiations, and if these do not give results the disputes shall be referred to the relevant competent court in the City of Sofia at the discretion of the claimant.
9.6. The provisions of the Commerce Act, the Obligations and Contracts Act, the Copyright and Neighboring Rights Act and other valid legislation shall apply to all matters not provided for by the Contract.
9.7. The Contract between the parties may be amended only by additional written agreement between the two parties.
9.8. The Contract shall be prepared and signed in two identical copies – one each for each of the two parties thereto.
9.9. The present General Conditions shall be an integral part of the Contract concluded by the parties thereto.
For SUBSCRIBER: .................