GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF COLOCATION SERVICES BY
Abilix Soft Ltd
I. DEFINITIONS
Within the meaning of these General Terms and Conditions, the words and abbreviations listed below shall have the following meaning:
1. AC☁DC or “SERVICE PROVIDER” is the legal entity “Abilix Soft” Ltd, with a Registered Address and a Registered Office in: city of Varna, Mladost district, 12 Petko Staynov Str., entr. 9 / loading ramp e-mail address: office@acdcbg.com;
2. "CLIENT" is the legal entity, which is validly established under the Bulgarian/European legislation, and which is also duly entered into the relevant registries;
3. "DATA CENTER" is a physical site, with installed specialized facilities, owned by "Abilix Soft” OOD and intended for storage, management and for data and information processing.
4. "Colocation Service" is the provision of space, power supply, cooling, network connectivity and other related services with regard to the CLIENT's equipment, under conditions and according to parameters which are negotiated in a separate contract or request.
5. “Commercial Parameters” include price, activation deadline, delivery deadline (if specified), payment frequency, and other financial or commercial conditions, as negotiated in a Colocation Service Request/Order.
6. “Technical Parameters” are technical characteristics (e.g. connection speed, network bandwidth, interface types, reservation, etc.) that affect the negotiated commercial parameters.
7. "Service-Level Agreement (SLA)" is a document containing the guaranteed level of service, the response time in case of issues, the indicators of availability and quality of services, as well as the penalties or credits which are due in case of deviations from the predefined parameters.
8. “One-time Services” are services for which the SERVICE PROVIDER performs a one-time action (e.g., installation, initial setup, audit) and which do not require a permanent subscription
9. "Subscription Services" are services, which are provided for a definite or an indefinite period, for which the CLIENT pays a periodic (monthly, annual, etc.) subscription fee.
10. "Installation Protocol" is a document that is drawn up when the CLIENT accepts a service provided by the SERVICE PROVIDER, with which the CLIENT confirms that the service meets the negotiated resources and conditions.
11. “Take-Over Protocol” is a document, which is drawn up when equipment is handed over by a representative of the CLIENT to a representative of the SERVICE PROVIDER or the reverse at the SERVICE PROVIDER's Data Center.
II. SUBJECT
These General Terms and Conditions govern the relationships between the SERVICE PROVIDER and the CLIENT with regard to the provision of colocation services by the SERVICE PROVIDER. These General Terms and Conditions are binding to the parties, and they have an unlimited duration, as long as the SERVICE PROVIDER provides services to the CLIENT based on accepted Requests.
III. OBLIGATION FRAMEWORK. PRIORITY
1. Documents regulating the use of colocation services:
A. Framework Contract for colocation services ;
B. These General Terms and Conditions;
C. Service-Level Agreement (SLA);
D. Annex 1: Data Center Access and Behavior Rules;
E. Annex 2: Acceptable Use Policy.
2. In case of a contradiction between the clauses of the regulatory documents, the very same ones shall apply in the following order/ priority:
(1) Framework Contract for colocation services
(2) Request for colocation services
(3) these General Terms and Conditions;
(4) Service-Level Agreement (SLA);
(5) Data Center Access and Behavior Rules;
IV. PROVISION AND ACTIVATION OF COLOCATION SERVICES
1. A request for colocation services or a refusal of the very same ones and shall be made in writing by the CLIENT, using the SERVICE PROVIDER's standardized form. In order to be valid, the very same one must be made in one of the following manners:
1) it may be sent by a person authorized by the CLIENT via e-mail / from and to /, in accordance with the individuals and the e-mail addresses of the parties, as explicitly stated in the Framework Contract;
2) a Request for colocation services provision may be sent via e-mail, and it shall be signed with an electronic signature of the CLIENT or an individual authorized by him;
3) a Request for colocation services or a refusal of the very same ones, which is provided in the SERVICE PROVIDER’s office, and which is signed in an original copy by the CLIENT or by an individual authorized by him
2. Within 14 / fourteen / working days, the SERVICE PROVIDER shall provide the CLIENT with an offer containing specific commercial and technical parameters. The confirmation or rejection of the very same one by the CLIENT shall be made in accordance with the rules of Section IV, Point 3.1 of these General Terms and Conditions.
3. Activation
3.1. The service is considered activated, when the CLIENT signs an Installation Protocol for the installation of customer equipment and/or for successfully performed tests (if such a requirement is noted in the Contract or in the Request). The Installation Protocol is provided to the CLIENT on site at the SERVICE PROVIDER’s office, or via e-mail. In the event that the Installation Protocol is not signed/confirmed/ and no written objections are submitted by the CLIENT, within 3 workings days after it is provided it shall be considered that the service is duly accepted /activated/.
3.2. From the date of activation, the CLIENT owes the SERVICE PROVIDER remuneration, payment of subscription and/or other fees, as negotiated between the parties.
V. RIGHTS, OBLIGATIONS, AND RESPONSIBILITIES
1. Rights and obligations of the SERVICE PROVIDER
1.1. The SERVICE PROVIDER shall have the right to:
a) receive, within the specified period, the remuneration which is due from the CLIENT for the services that are provided.
b) interrupt temporarily the services when this is necessitated because of planned maintenance events or due to an accident, or due to the non-fulfillment of the CLIENT’s obligations.
c) make changes in the technical parameters of the services, when this does not lead to a change in the negotiated commercial parameters, and when the aim is to improve or optimize the network performance. The SERVICE PROVIDER shall notify the CLIENT regarding any such changes within a reasonable time frame.
1.2. The SERVICE PROVIDER is obliged to:
a) provide the services, in accordance with the parameters and conditions negotiated in the contract and in the respective requests.
b) comply with the Personal Data Protection Policy and the existing legislation.
c) notify the CUSTOMER in a timely manner about planned interruptions or changes, which may affect the normal use of the service
2. Rights and obligations of the CLIENT:
2.1. The CLIENT shall have the right to:
a) obtain the service under the negotiated parameters and conditions.
b) receive information regarding the use and invoicing of the services.
c) raise objections, if any such exist, after the service is installed, in the Installation Protocol, or via e-mail to the official correspondence addresses of the SERVICE PROVIDER in the time frame, as per Section IV, Point 3.1.
d) refuse in writing the use of his/her name and trademarks for marketing and commercial purposes by the SERVICE PROVIDER
2.2 The CLIENT shall be obliged to:
a) pay the due fees and amounts of money in a timely manner according to the negotiated conditions. Overdue debts lead to the accrual of interest and penalties.
b) use the services in accordance with the existing legislature, the terms of the contract, and the Acceptable Use Policy.
c) not perform any actions that disrupt the normal functioning of the network, the equipment or the services of the SERVICE PROVIDER or of other clients.
d) Within two working days, to process a notification for unusual sound signals from the equipment, as he/she must terminate the signals.
3. Limited liability
3.1. The SERVICE PROVIDER shall be liable, within the boundaries of the guaranteed service level (SLA), as the liability shall be limited to one monthly fee for each service. The SERVICE PROVIDER shall not owe repair of damages or other indemnities beyond the stipulated penalties/credits.
3.2. The SERVICE PROVIDER shall not be liable for any damages resulting from violations of the Acceptable Use Policy by the CLIENT or by third parties.
4. Responsibility of the CLIENT
4.1. The CLIENT shall be individually responsible for the content which he/she distributes, stores or manages through the services, including for the actions of his/her employees, subcontractors or third parties, who have obtained access through his/her infrastructure.
4.2. The CLIENT is obliged to indemnify the SERVICE PROVIDER for all damages / including costs and claims by third parties/, arising in connection with or because of the unconscientious use of the services by the CLIENT, established in violation of binding orders, applicable Bulgarian or international legal norms, where the Republic of Bulgaria is a party
4.3. In case of a violation of the provisions of the Acceptable Use Policy, the SERVICE PROVIDER has the right to take the following measures, without being liable for direct or indirect damages:
a) Sending of a warning to the CLIENT.
b) Temporary suspension of the services.
c) Restriction of certain functionalities and resources.
d) Termination of the contract with an immediate effect.
e) Reporting to the competent authorities, if there is data for a committed crime.
4.4. In the event of a violation of the provisions of the Data Center Access and Behavior Rules, the SERVICE PROVIDER shall have the right to:
a) Refuse or restrict access to the site for the Visitor.
b) Demand the immediate rectification of the violation by the Visitor.
c) Terminate the CLIENT's contract in cases of serious or repeated violations.
d) In case of serious or repeated violations, to take legal action against the CLIENT to recover the damages caused, as well as to notify the competent authorities in case of a committed crime.
VI. PRICES AND PAYMENTS
1. Fees for one-time and subscription services
1.1. One-time services:
a) For the services that are provided on a one-time basis (e.g. installation, relocation, initial setup), the CLIENT shall pay a one-time fee, as specified in the request or in the contract.
b) After performing the respective one-time service, the SERVICE PROVIDER shall issue an invoice to the CLIENT for the negotiated amount of money.
c) At his/her discretion, the SERVICE PROVIDER has the right to request an advance payment before performing a one-time service.
1.2. Subscription services
a) For subscription services (colocation, periodic maintenance, network connectivity, etc.), the CLIENT pays periodic (monthly, annual, and other) fees, as negotiated in the Order/Request.
b) The subscription fees start from the date of activation of the service, unless otherwise negotiated.
2. Payment terms
2.1. Payments shall be made via bank within the time frames, specified in the invoice.
2.2. In case of a delayed payment, the CLIENT owes an interest for delay, as specified in the contract or according to the law.
2.3. If the payment is delayed for more than 5 /five/ working days, the SERVICE PROVIDER may temporarily suspend the service and/or terminate the contract. The CLIENT's equipment, located with the SERVICE PROVIDER, shall be returned after clearing his/her obligations.
VII. TERMINATION OF CONTRACTUAL RELATIONS
1. Reasons for termination
1.1. By mutual agreement, expressed in writing.
1.2. With a unilateral written notice within 60 days by the CLIENT, sent in the form of a Request for refusal of services, according to the requirements described in Section IV, Point 1, unless otherwise negotiated in advance between the CLIENT and the SERVICE PROVIDER in the Contract or in the Request.
1.3. With a unilateral written notice within 60 days by the SERVICE PROVIDER, sent to the CLIENT's correspondence addresses, which are described in the Contract, unless otherwise negotiated in advance between the CLIENT and the SERVICE PROVIDER in the Contract or the Request.
1.4. Unilaterally by the SERVICE PROVIDER under the conditions of Article 87 of the Obligations and Contracts Act, in case of established systematic and/or gross violations by the CLIENT.
VIII. OTHER PROVISIONS
1. Force Majeure.
Any unpredictable or insurmountable circumstance that is beyond the reasonable control /it could not have been predicted and prevented/ and independent of the SERVICE PROVIDER, which occurs after the date of payment as per the invoice and which makes impossible the fulfillment of the obligations as per the Framework Contract, will be considered a force majeure circumstance or an insurmountable force.
The SERVICE PROVIDER shall not be held liable for damages if the non-fulfillment /including a delay in fulfillment/ is caused by a force majeure circumstance, such as earthquakes, fires, floods, epidemics, military conflicts, civil unrest, as well as prohibitions, restrictions, prescriptions, orders, etc., which are imposed by individual or regulatory acts of state or municipal authorities.
There shall be no Force Majeure if the relevant event is due to negligence on the part of the SERVICE PROVIDER or if it can be overcome by exercising due care.
The SERVICE PROVIDER shall be obliged to notify the CLIENT in writing within thirty days regarding the emergence and/or termination of the Force Majeure, offering mutually beneficial provisions in line with the paid monthly price and in accordance with good commercial practices. The SERVICE PROVIDER shall be obliged to take all reasonable and accessible measures necessary to mitigate the harmful effects as well as the damages that may occur during a Force Majeure event.
2. Confidentiality
Each of the parties undertakes not to disclose to third parties confidential information which is related to the contract.
3. Amendments to the General Terms and Conditions
3.1. The SERVICE PROVIDER has the right to make changes unilaterally to the General Terms and Conditions, the parameters and the prices of the services offered, as well as the rules for their usage
3.2. The SERVICE PROVIDER shall provide the CLIENT with the information regarding the changes under Section VIII, Point 3.1 in advance, by publishing on the website (https://acdcbg.com), and/or to the e-mail addresses, provided by the CLIENT, not less than 14 days before the date on which the changes enter into force.
3.3. For prearranged and paid /prepaid/ services, the conditions and negotiations which were in force at the time of payment of the respective services shall remain in force.
3.4. It is considered that the CLIENT has accepted the changes under Section VIII, Point 3.1, unless before the date, on which the changes are proposed to enter into force, the CLIENT notifies the SERVICE PROVIDER that he/she does not accept these changes and/or when there is no payment as per the invoices, issued /under the new conditions/ by the SERVICE PROVIDER.
4. Applicable law and disputes
4.1. For any unresolved issues, the applicable legislation of the Republic of Bulgaria shall apply.
4.2. Disputes shall be resolved by mutual consent, and in case of impossibility – by the competent Bulgarian court.
These General Terms and Conditions were adopted on 13.05.2025 with a decision made by the manager of the Abilix Soft Ltd.
0882 355 203
