W1Fi.com / WiFi.bg General Terms and Conditions for Online Advertising
- GENERAL PROVISIONS
1.1. These General Terms and Conditions apply to and constitute an integral part of all Contracts made between “WiFi.bg OOD” (‘WiFi.bg’) and the Clients in respect of using the Advertising Services provided through the WiFi.bg Website (accessible via WiFi.bg and W1Fi.com). By accepting the Offer, the Client is deemed to have familiarized itself with and to have accepted these General Terms and Conditions.
1.2. In these General Terms and Conditions the terms and expressions used shall have the following meaning:
Content means the textual and graphic content provided in any way by the Client with regard to the use of the Services, including without limitation text, graphics, images, photographs, videos, sounds, music, animation or any other information and materials.
Contract means the contract between a Client and WiFi.bg, comprising the conditions of an Offer accepted by the Client and these GTC.
Client means the individual or legal entity or other organization who or which orders the provision of the Services and accepts the respective Offer for their provision.
WiFi.bg Website (www.WiFi.bg.com, and www.W1Fi.com) is a website owned and operated by WiFi.bg OOD. The different domains (i.e. WiFi.bg and W1Fi.com) direct users to different language versions of the WiFi.bg Website.
GTC means these general terms and conditions, as may be amended from time to time in accordance with their provisions.
WiFi.bg is WiFi.bg OOD, a sole proprietorship limited liability company duly incorporated and existing under the laws of the Republic of Bulgaria, entered with the Commercial Register with the Registry Agency at the Ministry of Justice under Uniform Identification Code 203594791, being the owner of the WiFi.bg Website through which the Services subject to these GTC are provided.
WiFi.bg means “WiFi.bg OOD”, a sole proprietorship limited liability company duly incorporated and existing under the laws of the Republic of Bulgaria, entered with the Commercial Register with the Registry Agency at the Ministry of Justice under Uniform Identification Code 203594791, e-mail: info@WiFi.bg, which provides the Services subject to these GTC.
Offer means a document or a text, provided by WiFi.bg to the Client in writing, or available on WiFi.bg Website including in electronic form, and containing an offer for provision of a particular Service or Services to the Client and a detailed description of all parameters thereof, including type of Service, period of provision, price and/or pricing calculation method (in cases when the price is not a fixed amount), payment terms, any applicable requirements for provision of Content by the Client not listed in these GTC, and other relevant data.
Order means a request to WiFi.bg to provide a Service submitted by the Client in writing, including in electronic form or acceptance by the Client of an Offer sent by WiFi.bg.
Proprietary Material means any material that is the subject of intellectual property rights or other rights which might restrict its use, or any material with regard to which an obligation which might restrict its use have been undertaken (including without limitation personal data, trade secrets, confidential information, company names).
Services means the paid services provided by WiFi.bg through the WiFi.bg Website which consist of different types of advertising, including but not limited to providing the possibility to upload or to add additional information in the Client’s Place Page, displaying advertising messages and banners, different technical services related to the use of the advertising services etc. Information about the specific types of Services may be provided on the WiFi.bg Website or by WiFi.bg to a particular Client upon request or upon its own initiative.
- COMMENCEMENT AND DURATION
2.1 A Contract shall be concluded when the Client accepts the Offer sent by WiFi.bg or went the Client personally orders advertisement via its personal profile on WiFi.bg Website. Such acceptance shall be made in writing, including in electronic form, and shall be sent to WiFi.bg no later than 30 days as of the receipt of the Offer, unless otherwise specified in the respective Offer. By accepting the Offer the Client accepts these GTC, which will be provided by WiFi.bg along with the Offer.
2.2 Unless terminated earlier in accordance with these GTC, the Contract will continue for the duration specified in the Offer.
- OBLIGATIONS OF WIFI.BG
WiFi.bg shall, subject to these GTC, endeavour to:
3.1 provide the Services as described in these GTC, on the Website and the Offer;
3.2 provide the Client with relevant information and documents regarding amounts due and paid by the Client.
- CLIENT’S OBLIGATIONS
4.1 must supply or upload all Content and/or information necessary for provision of the Services in a suitable format as specified by WiFi.bg in the Offer or by other appropriate means;
4.2 must not impersonate another person or representative of a person who is not authorized to represent or otherwise mislead WiFi.bg, WiFi.bg OOD or any third parties with regard to his identity or affiliation to a certain group of people;
4.3 shall be responsible for the legality, decency and truthfulness of the Content uploaded by him or provided by the Client to WiFi.bg for the purpose of uploading the Content by the latter, as well as the Content accessible through an electronic link provided by the Client, and for its compliance in all respects with the provisions of all applicable laws and regulations concerning the content of advertisements and of these GTC. WiFi.bg and WiFi.bg OOD are not obliged to monitor or assess, and are not responsible for the lawfulness of any Client’s Content which is uploaded on the WiFi.bg Website as a part the provision of the Services.
4.4 acknowledges that upon receipt of claims of third parties that Content uploaded on the WiFi.bg Website violates their intellectual property or other rights or is contrary to or infringes the terms of any legal provision or these GTC, as well as in case the Client violates rights of WiFi.bg or of WiFi.bg OOD, WiFi.bg and/or WiFi.bg OOD shall be entitled in their sole discretion to refuse to publish/ upload or to suspend the access to such Content on the WiFi.bg Website without prior warning until the settlement of such dispute by an act of a competent state authority. In cases where WiFi.bg or WiFi.bg OOD considers that the Content or any part thereof is contrary to or infringes the terms of any legal provision or these GTC, or is incompatible with the Services already being provided to another Client, WiFi.bg and/or WiFi.bg OOD shall be entitled in their sole discretion to refuse to publish/ upload or to suspend the access to such Content on the WiFi.bg Website without prior warning as well. Upon receipt of an order from a competent state authority, concerning the Content, WiFi.bg and/or WiFi.bg OOD shall be entitled to suspend the access to it without prior warning and to carry out other actions pursuant to the received order. The same applies respectively to any Content made available via an electronic link provided or uploaded by the Client. The Client acknowledges that in all of these cases WiFi.bg is not in breach of the Contract.
4.5 acknowledges that the upload/ publication of any Content provided for upload or uploaded by the Client, shall not be construed as consent or approval or expressing personal opinion on the part of WiFi.bg or WiFi.bg OOD with regard to the respective Content or the products and services being advertised thereby. The same shall apply to the Content made available via an electronic link provided for upload or uploaded by the Client, as well as to the products and services being advertised.
4.6 is responsible for ensuring that all electronic files submitted or uploaded by him have been produced using properly licensed software and are free from computer viruses, Trojan horses or other malicious computer code.
- PRICES AND PAYMENT
5.1 The price for each Service shall be that set out in the Offer, inside the user profile or it is available on the website page : https://advifi.com/advertisers/. Currently the price for advertisement is based on cost-per-click pricing. The price per one click is 0.15 EUR. This term is subject to change based on Client to WiFi.bg personal agreement.
5.2 Payments shall be made dynamically based on Clients’ personal wish or in accordance with the schedule relevant to the type of payment, as per the Offer.
5.3 Payments shall be made via bank transfer to the account notified to the Client by WiFi.bg or via other electronic means as specified in the Offer.
5.4 If the price for the Service described in the Offer depends upon factors outside of the discretion of WiFi.bg, such as number of impressions or clicks, or other criteria that depend on the behaviour of the users of the WiFi.bg Website, WiFi.bg shall furnish the Client with information and/or statistics of the impressions, clicks or the other applicable indicators where agreed with the Client.
5.5 In case of delay of due payments for Services which or part of which have already been provided to the Client, the Client shall be obliged to pay the amounts due together with the statutory interest for the time of the delay.
5.6 Due to the fact that the Services are various and are constantly expanding and being modified with view to their improvement and expansion, the number, and characteristics of the provided services may be altered at any time by WiFi.bg.
5.7. The minimum advertisement budget accepted on the WiFi.bg platform is 50 EUR
5.8. Once added, the budget would be valid for a period of 6 months.
- PROVISION OF THE SERVICES
6.1 Theprovision of the Services shall start upon payment of the price due in respect thereof (or of the first instalment thereof, as the case may be) or earlier, at WiFi.bg’s sole discretion.
6.2 The rules for provision of each type of Service, including its particular parameters, time and manner of provision etc., depend of the type of Service, and are provided by WiFi.bg in the Offer or in another appropriate way.
6.3 WiFi.bg reserves the right to make any changes in the parameters for provision of the Services if this is necessary for compliance with technical, technological or legal requirements.
- CONTENT AND PROPRIETARY MATERIAL
7.1 The Client represents and warrants that he is the owner of or has been duly authorized to use all Content, including Proprietary Material, provided or uploaded with view to using the Services.
7.2 WiFi.bg and WiFi.bg OOD reserve the right prior to publishing any Content provided by the Client, and at any time thereafter, to disclose to the owner of any Proprietary Material which is included in this Content, and to any statutory body having the authority over the Content or appearance of advertisements, the Client’s intention to use the respective material with view to using the Services.
7.3 WiFi.bg and WiFi.bg OOD reserve the right to delete, refuse to publish, or block access to any Proprietary Material, provided with a view to using the Services, where WiFi.bg or WiFi.bg OOD have reasonable grounds to believe that the owner of the respective Proprietary Material has not given or has withdrawn his authorization of the Client’s use of the same. The Client agrees that such deletion, refusal or blocking shall not be considered a breach of WiFi.bg’s obligations under the Contract.
7.4 If the provision or advertising of the activities or goods advertised by Client is or becomes subject of a special permissive legislative regime, WiFi.bg may request that the Client provides proof of compliance with this regime. The Client is obliged to inform WiFi.bg of any changes regarding the compliance with the special legislative requirements, including the loss of the Client’s permission to perform the respective activity or to sell the respective goods. In the latter case, as well as when the request for providing proof of compliance is not met, WiFi.bg and/or WiFi.bg OOD may refuse to publish or block access to any Content provided by the Client with regard to advertising the respective activities or goods.
7.5 The Client hereby consents to the use of all Content, including Proprietary Material, provided or uploaded with a view to using the Services for WiFi.bg’s and WiFi.bg OOD’s internal processes related to the operation of the WiFi.bg Website, the provision of the Services and the provision of other services by WiFi.bg or WiFi.bg OOD to the Client or to third parties, including paid or unpaid, information services.
8.1 The Client acknowledges and agrees that computer and telecommunications systems are not uninterrupted or fault free and that occasional periods of downtime for repair, maintenance or upgrading may be required, and that WiFi.bg cannot therefore guarantee uninterrupted operation and availability of the WiFi.bg Website. WiFi.bg and WiFi.bg OOD will take all commercially reasonable steps to minimise any such periods of interruption or non-availability.
8.2 WiFi.bg makes no warranty whatsoever in relation to the accuracy or any other feature of any data obtained by WiFi.bg or WiFi.bg OOD from third parties which may be used to assist in the functionality of the WiFi.bg Website and which may be displayed to users in association with the Services (such as cartographic data used to display location of addresses).
8.3 WiFi.bg does not guarantee that the Services will satisfy the Client’s requirements or expectations, including, but not only as regards the result of their provision, or that the Services will be uninterrupted, timely and secure. By accepting the present GTC, the Client declares that the use of the Services shall be entirely at his risk and liability and the parties agree that WiFi.bg and/or WiFi.bg OOD shall not be liable for any damages that might be incurred by the Client in the course of the use of the Services, unless such damages are caused by WiFi.bg or respectively by WiFi.bg OOD intentionally or are due to gross negligence.
8.4 WiFi.bg does not guarantee that the Services will be provided without any errors or omissions. In the event of an error or omission with regard to the provision of a Service which is not due to a fault of the Client WiFi.bg shall correct this as soon as reasonably practicable upon receipt of the Client’s written notification thereof and without charge to the Client. Further, the Client shall have the right to request proportional extension of the duration of the Contract at no charge to the Client. This represents the full extent of WiFi.bg’s and/or WiFi.bg OOD’s liability in respect of errors or omissions.
8.5 WiFi.bg and/or WiFi.bg OOD shall not be liable for damages incurred and loss of profit by the Client or any third persons arising as a result of the termination, change or limitation of the Services or the termination of the Contract due to violation by the Client of these GTC or the applicable legislation, or due to provision of information or execution of orders issued by competent authorities.
8.6 The Client is obliged to indemnify WiFi.bg and WiFi.bg OOD for all damages and expenses incurred with regard to third party claims, administrative penalties procedures and/or to compensations or penalties paid by WiFi.bg or WiFi.bg OOD with regard to Content, including Proprietary Material, made available by the Client in breach of the applicable legislation, these GTC, or ethics.
9.1 Changes by Client:
(a) The Client may apply for a change in the Services or parts or certain parameters thereof by sending a written request for this to WiFi.bg. If the change does not meet the requirement for the Content and Proprietary Material under these GTC, the request may be denied. A request may also be made by telephone; however, WiFi.bg shall not be obliged to accept any liability for the accuracy of such change and may require that it is made in writing.
(b) Any request for a change shall be subject to acceptance by WiFi.bg, to which the provisions of Clause 2.1 shall apply accordingly.
9.2 Changes by WiFi.bg:
(a) These GTC may be unilaterally amended by WiFi.bg. In case of such amendments WiFi.bg shall notify the Client by publishing them on the WiFi.bg Website. The Client shall be granted by WiFi.bg a reasonable term to get acquainted with the amendments to the GTC, but not less than two weeks as of the publication of the amendments as described above. If within this term the Client does not claim to reject the amendments, they shall be deemed binding for the Client. Should the Client state to reject the amendments by sending a notification to WiFi.bg to the following email address: info[at]WiFi.bg or otherwise as specified by WiFi.bg, the Contract shall be deemed terminated immediately upon the receipt of the rejection notification. In this case the Client shall not be entitled to a refund of the price already paid by him, which relates to the period after the termination or for the provision of a Service which has not already started.
(b) WiFi.bg and respectively WiFi.bg OOD reserve the right to alter the name of WiFi.bg, WiFi.bg Website, its technical specifications, the available types of Services and the parameters with which they are available and any other detail concerning the Services, for the purpose of developing and improving its products and services. If WiFi.bg, acting reasonably, considers that such alteration is likely to have a serious adverse effect on the Client, WiFi.bg will notify the Client thereof in writing but shall not otherwise be obliged to inform the Client.
- TERMINATION OF THE CONTRACT
10.1 WiFi.bg may discontinue the provision of any Service to the Client or refrain from proceeding with the provision of any other Service ordered by the Client, and to refuse any further Orders by the Client without penalty or refund of amounts already received from the Client, and with immediate effect, if the Client:
(a) is declared bankrupt or goes into liquidation;
(b) fails to pay when due any amount payable under the Contract;
(c) fails to provide Content that is compliant with the Client’s obligation set out in the GTC or the Offer; or
(d) fails to perform any other Client’s obligation under the Contract.
10.2 WiFi.bg may further terminate the Contract at any time and with immediate effect by written notice, including in electronic form. In such an event, the Client shall be entitled to a refund of that part of the price already paid by him, which relates to the period after such termination.
10.3 The Client shall be entitled to terminate the Contract at any time and with immediate effect by written notice, including in electronic form, to WiFi.bg. In such an event, no refund of amounts already paid shall be due to the Client.
10.4 If, as of the moment of termination of the Contract the Client has not paid all sums due with regard to Services already provided by WiFi.bg, the latter is entitled to receive all due payments together with the statutory interest for the time of the delay.
11. Refund Policy
11.1 WiFi.bg sales are final and no refunds will be given. All of WiFi.bg products are digital, delivered instantly once payment is received it is impossible for the Client to return them.
11.2. In case of finding a bug in the software, the Client is adviced to report it on email@example.com. Finding a bug is not a reason to request a refund. WiFi OOD will provide any possible support, knowledge and experience to fix the issues as soon as possible
12.1 Notices: Unless otherwise explicitly provided, the written statements and notifications stipulated in these GTC shall be deemed valid if made in the form of a letter with a return receipt, email, pressing of a virtual button on the WiFi.bg Website and in other similar manner, as far as the statement is technically recorded in a way allowing its reproduction. Notices shall be sent to the following contact details:
(a) if to WiFi.bg– e-mail info[at]WiFi.bg
(b) if to the Client – to any address (correspondence or billing), fax number or e-mail address specified by the Client, or if the Client is a trader or other organization, also to its registered address.
12.2 Electronic statements: By accepting the present GTC and entering into a Contract, the parties express their consent to deem the electronic statements exchanged between them to be received upon their entry into the information system specified by the addressee, without an express confirmation. In case the Client has specified an invalid email address, the message shall be deemed received upon its being sent by WiFi.bg, even if not actually received.
12.3 Validity: If any provision of the GTC proves to be null and void, this shall not entail nullity of the contract, other provisions or other parts thereof. The void provision shall be replaced by the imperative norms of law or by the established practice or custom.
12.4 Applicable law: The Contract shall be subject to and construed and interpreted in accordance with Bulgarian law.