1. This document contains the General Conditions of the agreement for using the “flash assistant” service /the service/, provided by ‘E-card’ Ltd., Sofia /the Company/ to users.
1.2. These General Conditions concern every person, that personally or via his/her representative has made a request to use the service, by strictly filling in and sending the provided in the website – www.flashassistant.net - registration form.
User
2. User can be each person, who personally or via his/her representative or plenipotentiary has made a request to use the service, by strictly filling in and sending the provided in the website – www.flashassistant.net - registration form. According to the Company it is regarded that each registration form, accepted by the Company, comes from the person specified as user.
2.1. The Company denies to register someone as user /to give him a user statute/ in case the person doesn’t give the required information or this information has already been used by a third person or there are doubts that the person has done or would do what is stated in p.2.3, (c) or (d). After a request from the Company the person has to provide evidence for his/her rights for the site he is going to use the service for. Provision of evidence does not bind the Company with the obligation to accept that the person has the right to administer the site.
2.2. The Company does not register as user a person, who does not pay the fee for access to the service (the subscription packet), except in case he/she uses the demo version.
2.3.The Company terminates the user statute of a person, that: (a) has not paid the fee for using the service in a following period, or (b) uses the service contrary to the current General Conditions or to the law of the respective country or the common rules of behaviour in Internet, or (c) realizes intervention in the systems, serving the service or tries to do so, or (d) uses the service for a site whose administration he doesn’t have the rights for, or e) the term for free using of the service /its demo version/ has expired and the user has not paid the stated fee, or (f) illegally uses, spreads or processes, including via third persons, personal data of clients to a site, that he uses the services of.
Fee Paying
3.The person who wants to receive a user statute, is obligated to pay to the Company the fee for the subscription package of the service he/she has chosen to use.
3.1.The person may pay the fee due to the respective distributor as well.
3.2.The payment at p.3 is being made via the e-pay system. The payment is feasible only by: a) debit banking cards, issued by commercial banks, which are given a licence to do so by the Bulgarian national bank, or (b) “Master Card” credit cards.
3.3. The currency of payment is bulgarian levs.
3.4. The Company gives the person access to the service after it recieves acknowledgement from the e-pay system, that a fee payment for the subscription pack, which the user has chosen, has been received.
3.5.In case a user, who has paid the fee by “Master Card” credit card, uses the option cash back and the Company is compelled to return what it has received as a result of the payment which this option has been used for, the Company has the right to suspend the access of the user to the service, and the user owes the Company the amount of the respective fee and a penalty payment amounting to 15 euros. The company suspends the access upon receipt of the notification that the Company owes return of what it has received.
3.6. The Company may also initiate other methods of payment, and add and change the ones stated here as well, including by reason of the requirements of the Bulgarian national bank or the e-pay system.
Using the Service
4. The user has the right to use the service according to the subscription package and the period of time, which the Company has received payment for. The user may use the service and within the ranges, specified for the demo version of the service.
4.1. The Company is obligated to start the user access to the service up to 24 hours from the moment it receives notification from the e-pay system that a full-amount payment for the requested by the user subscription package and term has occurred. From the moment /date, hour and minutes/ of starting the service begins the counting of the respective term for using the service on the part of the user.
4.2. The user agrees: (a) that he/she is the only person responsible for the correct installation and operation of the software, which he/she will receive online from the Company; (b) that he/she is the only person responsible for the correct installation and operation of the html code, which should be incorporated in the program, serving the site he/she administers; (c) that the use of the service depends on the availability and parameters of the internet connection, the operation system and computer configuration, as the user provides them at his/her expense.
4.3. The Company will provide the service with the care of a good merchant. Notwithstanding the statement of the previous sentence, the user agrees that: (a) The Company has not guaranteed that the service would be flawless; (b) the provision of the service depends on: (aa) the presence of expedient (by the free judgement of E-card) equipment of the user and (bb) whichever circumstance that affects the normal operation оf the server and/or the service provision.
4.4. The user is obligated not to perform any action, which is an illegal intervention in the computer programs, providing the functioning of the service.
4.5. The user is regarded as informed that the Company has the right, after a notice, to change and expand the content of the service, as well as to terminate or temporarily suspend its use.
In case there are changes of the software made by the Company, the user agrees that he has to reinstall the software. In cases of termination of the access to the service through the Company’s fault, the Company is responsible to the user to the amount of the sum, corresponding to the unused period of the term, which has been paid for.
4.6.The announced prices of the subscription plans concern websites, which have no more than 1 000 000 visits per month. In case the site, which the service will be used for, has more visits than the amount specified, the User is obligated to notify the Company about this and to pay the additional fees, specified by the Company for each particular case.
Exclusion of Responsibility
5. The Company does not bear responsibility: (a) in case the computer configurations and/or programs of the user are being affected by computer viruses or by programs or networks, that trouble or break their normal functioning; (b) for damages on the computer configurations and/or the computer programs of the users, including data losses that have occurred during the process of installation, and/or operation of the software, or whichever of its parts, and/or the use of a service.
Copyrights on Intellectual Property
6. The computer programs /the software/, serving the functioning of the service are an exclusive possession of the Company, or the Company has the right to use them, also under the terms of free licence, and are object of copyright in the meaning of the Bulgarian Copyright Law an its related rights, and are under its protection.
6.1. The user is obligated not to use (unless in the provided in this document or in the free licence, manner), reproduce, change or make any forbidden by law activities, regarding each part of whichever computer program /the software/, or its part.
6.2. The Company declares that, for the provision of the service, in its voiceassistant part, the company has used the software library iaxclient which was licenced under LGPL licence. The full source code of the library can be found at http://iaxclient.sourceforge.net/. The LGPL licence can be found at: http://www.gnu.org/licenses/lgpl.html.
Other Decrees
7. For all unsettled issues and relations are applied the decrees of the Bulgarian legislation
8. All arguments, arisen out of the service use agreement, or related to its interpretation, infirmity, execution or its termination, as well as the arguments about supplying deficiencies in the agreement and its adapting to recently occurred circumstances will be settled by the competent Bulgarian court.
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