contacts and documents
EKVIA OOD
EIK 202794419
VAT# BG202794419
Bulgaria, 9010, Varna
ul. D-r Anastasia Golovina, No. 9, of. 7
Ukraine, 03164, Kyiv
vul. Osinnya 33, k. 439
In accordance with EU Council Regulation No. 833/2014 / 765/2006 / 267/2012, Law of Ukraine No. 1644-VII, decisions of the National Security and Defense Council of Ukraine, services are not provided to individuals and legal entities from the following countries and territories: Afghanistan, Belarus, Iran, North Korea, Russia, temporarily occupied territories of Ukraine.
as of 01.10.2024
1. These General Terms is the contract between Ekvia LTD (Bulgaria, 9010, Varna, ul. D-r Anastasia Golovina, 9, of. 7, EIK 202794419) as Ekvia, and the Customer, regarding the provision of services by Ekvia. These General Terms are binding upon Ekvia and the Customer, their duration is unlimited and their effect continues as long as Ekvia provides services to the Customer.
2. The Contract between Ekvia and the Customer is a Public Oferta comprises of the General Terms & Price.
3. The Customer accepts an offer making an order or paying for a service first time.
4. For the purposes of these General Terms:
4.1. Service provided by Ekvia means any service described in the Price List for the provision of services (e.g., dedicated server, virtual dedicated server, domain name registration).
4.2. Description of the Service refers to the description of one or more services from the Ekvia Price List, including their commercial and technical parameters. The Customer may order one or more of these services.
4.3. Commercial Parameters of the Service include the price, activation date, service provisioning term, fixed term or automatic renewal, and all other commercial terms.
4.4. Technical Parameters of the Service include the elements of technical implementation specific to each service. Changes to the Technical Parameters of a particular service do not affect its commercial terms or the Customer’s use of the service.
4.5. Service Level Agreement (SLA) outlines the service quality guarantees and maintenance terms, including liquidated damages in case of deviations from the guaranteed availability as described in Article 9.2.
4.6. Service Activation Date means the date on which Ekvia begins the effective provision of a new service to the Customer, or the date a change to an existing service becomes effective.
4.7. Service Activation Period means the period within which Ekvia commits to activate a specific service.
4.8. Service Period means the period during which Ekvia is obliged to provide a specific service. This period begins on the Service Activation Date.
4.9. Billing Period refers to the time interval used for calculating service charges (e.g., monthly, annually).
4.10. Network means one or more electronic communication networks used for the provision of services.
4.11. Contact Person means the Customer or the Customer’s representative who is granted specific access rights to the Service.
4.12. Access Rights refer to the actions that the Contact Person is authorized to perform with the Service. These are divided into:
4.12.1. Software Rights – the right to configure and maintain software;
4.12.2. Administrative Rights – the right to manage issues related to service provision, payments, and document handling.
4.13. Login means a combination of Latin letters and/or numbers, starting with a letter, consisting of no fewer than two and no more than thirty-two characters, used to access the Service.
4.14. Password means a combination of Latin letters and/or numbers assigned by Ekvia to the Subscriber for accessing the Service.
4.15. Price List means the current site page document that lists, describes, and prices the services provided by Ekvia.
4.16. Tariff Package refers to a set of technical parameters and prices that define the operating mode of the Subscriber's services.
4.17. Server Maintenance means a set of activities performed to ensure service delivery. There are three types:
4.17.1. Scheduled Maintenance – Ekvia notifies the Customer at least 24 hours in advance.
4.17.2. Emergency Maintenance – Ekvia notifies the Customer after the incident has been resolved.
4.18. Traffic refers to the volume of data transmitted and received over the Internet or a network.
5. Types of Services Provided by Ekvia
5.1. Based on the duration of service provision:
a) Fixed-term services – these services are provided for a specific period and terminate automatically upon expiry of the respective Service Period.
b) Automatically renewing services – these services continue beyond the initial Service Period, as described in Article 24.3.
5.2. Services are classified as either prepaid or postpaid.
5.3. Services may be charged either on a subscription basis or based on actual usage.
5.4. Services are categorized as either one-time services or recurring services.
6. Service Order Form (SOF)
6.1. The Customer shall complete a Service Order Form when placing an initial service order.
6.2. The Service Order Form shall include: Customer information; Contact persons ; A list of the services ordered; Any additional relevant details.
6.3. The Customer may, at any time, order additional services or discontinue existing ones in accordance with the applicable terms.
6.4. Ekvia may, at its sole discretion, offer certain services on a free trial basis.
7. Ekvia shall have the right to:
7.1. receive payment from the Customer for the services provided, in the amounts and within the timeframes agreed upon;
7.2. issue instructions and guidelines to the Customer regarding the correct use of the services;
7.3. temporarily suspend the Customer’s access to the services during scheduled preventive maintenance of the Network or in the event of a breach by the Customer of any obligations specified in Article 11.5;
7.4. make changes to the Technical Parameters and service configurations, provided that such changes do not affect the Commercial Parameters of the services.
8. Ekvia shall be obliged to:
8.1. provide the Customer with the services as agreed upon;
8.2. ensure the quality and maintenance level of the services in accordance with the applicable Service Level Agreement (SLA) and the Description of the Services, including quality assurances in the event of deviations from the defined Technical Parameters for availability;
8.3. in cases of scheduled preventive maintenance that may result in service interruption or degradation of service quality, notify the Customer in accordance with the applicable notice periods and procedures.
9. Responsibility of Ekvia
9.1. Ekvia’s liability shall be governed by the provisions of the SLA and shall not exceed the cost of the affected service for the relevant billing period.
10. The Customer shall have the right to:
10.1. receive services in accordance with the agreed technical parameters, quality standards, and pricing terms;
10.2. request and obtain information and reports regarding the use and status of the services provided by Ekvia.
11. The Customer undertakes to:
11.1. make timely payments for the services provided by Ekvia in accordance with the applicable Price List and agreed terms;
11.2. promptly notify Ekvia of any issues or disruptions related to the use of the services;
11.3. provide full cooperation to Ekvia in the delivery of services and in resolving any technical or operational problems;
11.4. use the services in full compliance with applicable local and international laws, and respond promptly to any user complaints or inquiries;
11.5. refrain from interfering with the normal operation, security, or integrity of Ekvia's services; from disrupting or obstructing other customers’ use of the services; and from taking any action that may harm Ekvia’s business reputation;
11.6. refrain from any cooperation or interaction with individuals or entities listed on the European Union's sanctions lists or otherwise subject to EU restrictive measures.
12. The Customer's inability to use the services, due to reasons which Ekvia is not responsible for, does not relieve the Customer from the obligation to pay the agreed remuneration.
13. Ekvia shall not be held liable for any delay or failure to perform its obligations under this Agreement if such delay or failure results from force majeure events, including, but not limited to: natural disasters, fires, floods, or other catastrophes; acts of government or regulatory authorities; national emergencies; insurrections; wars; or acts of terrorism.
13.1. If the suspension of obligations due to a force majeure event continues for more than thirty (30) consecutive days, either Party shall have the right to terminate the affected service by providing written notice with acknowledgment of receipt to the other Party. Such termination shall not give rise to any right to compensation or indemnity. However, the Customer shall remain liable for any payments due and payable prior to the effective date of termination.
14. In consideration for the services provided, the Customer shall pay Ekvia the applicable fees as follows:
14.1. For one-time services – a fixed, one-off fee;
14.2. For recurring services provided on a subscription basis – a recurring subscription fee;
14.3. For on-demand services – a usage-based fee.
15. The Customer shall pay all applicable fees on the due dates (maturity dates) specified for each service.
16. Recurring services shall be charged from the Service Activation Date until the Termination Date.
17. For the initial Billing Period of any recurring service, the subscription fee shall be calculated on a pro rata basis according to the actual period during which the service was provided.
18. All prices are exclusive of VAT, unless otherwise explicitly stated.
18.1. A bank transfer shall be deemed completed on the date the funds are received in Ekvia’s bank account.
18.2. All bank charges, transfer fees, and any other fees imposed by the Customer’s bank or intermediary banks in connection with the payment shall be borne solely by the Customer.
19. The provisions of this section apply to the transfer of ownership of movable items ("the Goods") from Ekvia to the Customer. The remaining sections of these General Terms shall apply accordingly, unless otherwise provided in this section or if such provisions are not applicable to the sale and purchase of goods.
20. Transfer of Ownership and Risk in Case of Deferred Sale
20.1. In cases of deferred sale, Ekvia retains ownership of the Goods until the Customer has fully paid the final installment of the purchase price. If the Customer fails to pay any part of the price, Ekvia shall be entitled to either request the return of the Goods or demand payment of the outstanding amount.
20.2. The risk of loss or damage to the Goods shall pass to the Customer on the date of transfer of the Goods.
21. Termination of the Sales Contract
21.1. Ekvia shall have the right to terminate the sales contract without complying with the notice requirements under the Obligations and Contracts Act, in the following cases:
a) if the Customer fails to pay the price of the Goods where delivery is subject to advance or simultaneous payment;
b) if the Customer fails or refuses to accept the Goods upon delivery.
22. Ekvia’s Obligations
22.1. In cases of deviation from the guaranteed service availability, the Customer may request, and Ekvia shall be obligated to pay, liquidated damages. The exact amount or method of calculation of such damages shall be defined in the applicable Service Level Agreement.
22.2. The total amount of liquidated damages for any given period during which service availability is measured shall not exceed the service fee charged for that same period.
22.3. Requests for liquidated damages under the above clause must be submitted in writing by the Customer to Ekvia within thirty (30) days following the end of the Billing Period during which the service degradation occurred.
22.4. Ekvia shall not be liable to pay liquidated damages in cases where the deviation from the agreed service availability results from, force majeure events, causes beyond the defined service termination points, scheduled preventive maintenance performed by Ekvia, for the duration of such maintenance.
23. Customer Obligations
23.1. In the event of delayed payment, Ekvia may suspend the provision of the service.
23.2. Service provision shall be restored after the Customer has settled all outstanding amounts due.
24. Services may be terminated under the following conditions:
24.1. By mutual written agreement of the Parties at any time;
24.2. For services with a fixed end date, provision shall cease automatically upon expiry of the agreed Service Period;
24.3. For services with automatic renewal, provision shall continue after the expiry of the initial Service Period for an indefinite number of subsequent periods, each equal in length to the applicable Billing Period. Termination of such services, in whole or in part, after automatic renewal shall require prior written notice by either Party at least one (1) month in advance, or if the Billing Period is shorter than one month, notice shall be given no later than the length of the applicable Billing Period.
25. Suspension or Termination by Ekvia
25.1. Ekvia reserves the right to partially suspend any service in relation to which payment is overdue;
25.2. Ekvia may suspend services or terminate the Contract if the Customer fails to remedy a breach of Article 11.5;
25.3. In addition to the above, Ekvia may suspend or terminate the Contract, in whole or in part (in relation to a specific service), in the event of any breach by the Customer of applicable laws of the Customer’s country of residence or registration.
26. In the event of full or partial termination of the Contract due to the Customer’s fault, the Customer shall be liable to Ekvia for liquidated damages equal to the total outstanding subscription fees for the relevant services until the end of their respective Service Periods. In the case of termination of the entire Contract, liquidated damages shall be payable for all services under the Contract.
27. In the case of early termination initiated by the Customer, the Customer shall indemnify Ekvia by paying all fees due for the terminated services for the remainder of the agreed Contract Term.
28. Ekvia shall not be liable for any indirect, incidental, or consequential losses or damages, including, but not limited to, loss of revenue, loss of profit, loss of business, or reputational harm.
29. Ekvia’s liability to the Customer for any failure to meet the agreed service levels shall be strictly limited to the amount of liquidated damages payable in accordance with the applicable Service Level Agreement.
30. The Customer shall bear sole editorial responsibility for the content of its services (such as websites, game servers, or other digital platforms). The Customer warrants that its services do not contain any content that it is not legally entitled to distribute under applicable laws. Furthermore, the Customer shall be solely responsible for ensuring compliance with all intellectual property rights (including copyright, related rights, and licensing obligations) in connection with the content of its services. "Applicable legislation" refers to any laws, regulations, directives, or international conventions issued by competent authorities in any jurisdiction that may lawfully exercise authority over the activities governed by this Contract, to the extent such legal instruments are applicable at the relevant time.
31. The Customer shall be liable for, and shall indemnify and hold Ekvia harmless against, any and all third-party claims arising in connection with: the Customer’s services or transmitted content; infringement of program rights, licenses, copyrights, or other intellectual property rights; lack of necessary authorizations for transmission or distribution of content. The Customer shall ensure that it holds, throughout the duration of this Contract, all required rights, licenses, and authorizations under applicable law.
32. No rights or licenses are granted under this Contract with respect to any software. Ekvia does not transfer, and the Customer does not acquire, any copyrights or other intellectual property rights related to the services provided by Ekvia.
33. The Customer hereby grants Ekvia the right to use its company name and/or trademarks for the following purposes: in Ekvia's promotional and marketing materials; in customer lists published on Ekvia’s website.
34. Each Party shall ensure that its employees and subcontractors comply with the same confidentiality obligations as set forth in this Contract. The commercial terms and conditions of the Contract are considered confidential information.
35. All personal data provided by the Customer, as well as personal data generated by Ekvia in the course of providing goods or services, shall be processed and stored in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – GDPR). Detailed information on the purposes and legal basis of processing; categories of data recipients; data retention periods; data subjects’ rights and how to exercise them; and the contact details of the Data Protection Officer are available at: DataProtectionOfficer@ekvia.com
36. The correspondence addresses and means of communication shall be specified in the relevant Service Order Form.
36.1. If either Party changes its address, it shall notify the other Party in writing within five (5) days. Any communication sent to the last known address shall be deemed duly delivered.
37. If any provision of this Contract is held to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions. The Contract shall remain in full force and effect, as if the invalid provision had been omitted, and shall be interpreted to reflect the original intent of the Parties.
38. This Contract shall be governed by and construed in accordance with the laws of the Republic of Bulgaria. In the event of a dispute arising out of or relating to this Contract, the Parties shall first attempt, in good faith, to resolve the matter through negotiations between their duly authorized representatives.
39. If the dispute is not resolved within thirty (30) days of written notice of the dispute, any and all disputes arising out of or in connection with these General Terms, the Contract as a whole, or related matters—including but not limited to its interpretation, validity, performance, termination, or the filling of contractual gaps—shall be submitted to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, in accordance with its Arbitration Rules, based on the Parties’ arbitration agreement.