General Terms of Sales
Section 1. Introduction – Terminology
1.1. The company Belvest Ltd has an IT services business.
1.2. In all of these terms of sale, for better understanding, Belvest ltd is referred to as “Provider”, “Service Provider”, ‘Supplier” or “contractor” and customer “Customer”.
1.3. The benefit may refer to a set of services such as advice, provision of expertise, a software package operating licensing, software or patent, ancillary services to the acquisition of a software or a software package and monitoring of these, an intellectual, a website, a database, a multimedia content. But the term can also refer to a provision of furniture sale object such as a device, component or IT support.
Article 2. Scope
2.1. These general conditions of sale apply to any benefit of any kind, performed by the provider.
2.2. In the event that any provision of these would be deemed or declared void or unwritten, by the competent court, other provisions shall remain in full force and shall be interpreted so as to respect the original intention of the parties as expressed in the these general conditions of sale.
2.3. The Service Provider may modify, update or correct these if need be to take into account legislative developments, regulatory, judicial and / or technique.
2.4. The Supplier shall communicate these terms and conditions at any customer who requests it. They will be sent with each order or quote issued by the Service Provider and sent by fax, mail and / or email.
Article 3. Formation of contract – Features delivery
3.1. These general conditions may be amended or supplemented by the special conditions that prevail in the hierarchy of the contract documents. For orders received from the customer, it will be considered as definitively accepted by the Contractor after signing the general terms of sales and special conditions attached to the quotation by the Client.
3.2. The respective obligations of each party, namely to achieve the benefit for the provider and pay the benefit for the customer is born from the time the customer has signed and returned the quote and / or purchase order issued by the Provider and the attached documents.
3.3. The Service Provider may decide to refuse, suspend or modify the provision, without compensation to the Client from the time:
Customer does not or no longer shows a sufficient guarantee of solvency.
when the customer does not or no longer has the necessary skills and specific to the full realization of the service, either because the client refuses to follow the advice provided by the Service Provider or the training provided by the necessary provider to the completion of the delivery or because the customer does not have the infrastructure required for completion of the service.
when the provider will recognize any act of piracy, fraud or non-compliance with the own code of conduct for certain services offered by the provider (including Internet hosting).
3.4. The Service Provider reserves the right to make non-substantial changes to its services. In case of force majeure, the Provider reserves the right to discontinue the service without compensation to the Client.
Article 4. Retention of title
4.1. The Provider retains ownership of the delivery until payment of the full price and accessories. Does not constitute payment for the purposes of this clause the delivery of an instrument creating an obligation to pay (bill of exchange, draft or other). Non-payment of any installment may benefit the Service Provider’s right to request, at the expense of the Client, refund and / or restitution of the benefit.
4.2. These provisions do not prevent the transfer to the Customer upon delivery, risk of loss and deterioration of the benefit and the damage it may cause.
Article 5. Industrial property, intellectual, literary and artistic
5.1. Unless otherwise expressly provided in the sales contract, the Contractor and his heirs retain all industrial property, intellectual, literary and artistic delivery.
5.2. Unless express prior written authorization issued by the Provider, remains prohibited and entitle to damages, any reproduction, adaptation, or modification and, in general, any physical or mental abuse of the service.
Article 6. Price – time – Penalties
6.1. The price of the service is closed. It is stated excluding taxes and in euro for the total amount payable. It can be adjusted at the current rate since the project implementation would be done within a period of more than a year after his order.
6.2. The conditions of the offer exclusively to benefits specified in quote and / or purchase orders. Any additional services not provided on the quote and / or the order will be subject to an increase equal to its value. Additional benefits will, therefore, made at the request of the Customer or if the latter to agree. The refusal to pay such a benefit will permit to the provider termination and full payment of the contract and to compensation equal to the damage suffered and / or value of the benefit.
6.3. If payment to any deadlines, other deadlines become immediately payable, even if they have given rise to trafficking.
6.4. In addition, as a penalty clause and application of legal provisions, the Customer will be entitled to full liable to a penalty for late payment, calculated by applying the full amount due, an interest equal to 1 5 times the legal interest rate per month of delay.
6.5. Unless stated otherwise expressed on the invoice or purchase order no discount is granted for early payment to a date prior to the delivery date of the order or any other document proving the acceptance of the Contractor to perform the service .
6.6. Any discharge of payment from the bank of the Customer will result in a charge of billing at least € 20.
6.7. The benefit amount is payable at maturity given during delivery.
Article 7. Delivery – Realization of delivery
7.1. Except as expressly provided otherwise, delivery, regardless of the delivery is deemed to be made at the registered office of the Provider. If delivery is delayed for reasons beyond the Contractor, it shall be deemed to have been made on the agreed date. No postponement will be accepted if the request is not submitted 7 days before the date of execution of the service.
7.2. Customer is responsible, unless otherwise specified, to ensure the cost and risk of transportation of the service, after the delivery date.
Article 8. Confidentiality
8.1. The Contractor and the Client undertake to keep confidential all information and documents concerning the other party to which they have had access during the execution of the service.
8.2. The foregoing provision does not preclude that the Provider may disclose in its advertising or business documents or commercial offers of all orders made with possibility of mentioning the name of the Customer, the object of the order and its amount. This possibility does not give the Contractor any interest in the marks of the Customer other than those mentioned above.
Article 9. Responsibility – Consulting Obligation
9.1. As a seller of computer services, the Contractor shall remain liable to advisory obligation. This entitles the Contractor, notwithstanding the provisions of 3.2., To refuse or discontinue service from the time the customer no longer submits to the advice given by the Provider and expressed by registered letter.
9.2. This obligation advice can not be equated to an obligation of result given the diversity of potential customers and their computer skills. This obligation will be considered fulfilled from the time the customer has expressly accepted the quote and / or purchase order.
9.3. Thus, it was agreed, by express agreement, and after acceptance of the quotation and / or the order established by the Provider, the Customer acknowledges that its powers and that the steps taken by the Contractor give it the means to assess the exact scope of the characteristics of the service and its adaptation to the use for which it is intended.
Article 10. Warranty
10.1. The Service Provider undertakes to remedy any operating defect from defects in materials, workmanship or design. However, except establishment of a special contract, the Contractor provides intangible benefits in the state. The warranty covering only the physical benefits associated with them. The provision of material things includes a warranty.
10.2. The warranty is based on the Provider terms, is excluded if the defective material or design comes from the client, if the fault is a result of a Customer statement without authorization on the service provided by the Provider, if the malfunction is from normal wear and tear or neglect or default of Customer maintenance, or if the malfunction results from the ‘force majeure’.
10.3. Warranty period is 2 years if something is wrong with the goods.
10.4. In order to benefit from this warranty, the Customer must notify the provider without delay and in writing of defects attributed to the delivery, and provide any justification as to the reality of these.
10.5. This warranty covers labor costs and in general the work resulting from the guarantee obligation. These interventions do not result to extend the term mentioned in 10.3.
10.6. By express agreement, the liability of the Provider is strictly limited to the obligations defined and will not be held to any compensation of any kind whatsoever including regarding hidden defects and consequential damage.
Article 11. Payment terms
11.1 digitalcheapsoftware will not debit the customers card until the goods are shipped from your warehouse.
Article 12. Return and refund Policy
12.1 Customers can for no reason inform us that they wish to return the goods for a period of 14 days from the day they receive the goods.
12.2 Customers have 14 days from the day they inform us to send back the goods.
Article 13. Termination clause
13.1. In case of breach of contract by one party, especially in case of non performance of the service from the provider or in case of default of payment or part payment of the Customer, the sale may be canceled automatically to the benefit of the other party. The resolution will take effect 30 days after sending an unsuccessful formal notice remained .
13.2. In case of default of payment or part payment of the Customer, the Contractor shall be entitled to demand the return of the service or its compensation, the already made payments remains acquired as damages.
Article 14. Applicable law – Jurisdiction
14.1. These general conditions of sale are subject to Bulgarian law only.
14.2. Jurisdiction: For disputes relating to the enforcement or interpretation of this Agreement, the Commercial Court shall have exclusive jurisdiction .
14.3. Jurisdiction: Any dispute, whatever its nature, relating to the provision of the service, even in case of a warranty or multiple defendants, will be in default of agreement, the exclusive jurisdiction of the Court of Commerce in Bulgaria.