General terms and conditions (APPENDIX 1)
General terms and conditions (APPENDIX 1)
I. GENERAL PROVISIONS
1.1. These General Terms and Conditions regulate the conditions and prerequisites for granting rights for the use of software I-CASH / Product /, included in the public electronic list as well as the conditions and prerequisites for the use of I-CASH software by end customers.
1.2 Online Services LTD is the holder of the intellectual property rights over I-CASH Software, incl. the trademark and in the sense of the VAT Act is a producer / distributor of software for sales management in commercial sites, included in the public electronic list under Art. 118 para 16 of the VAT Act.
1.3. / 1 / The rights for the use of I-CASH software are granted by Online Services LTD with the conclusion of a contract between the client and Online Services LTD in accordance with the procedure provided in these General Terms and Conditions.
1.3. / 2 / I-CASH software can also be used by activating unique identification numbers or scratch cards, allowing its free use for a certain period of time.
1.4. “End customer” or “customer” within the meaning of these general terms and conditions is any person who has entered into a contract with “Online Services” Ltd., under which he has received the right to use I-CASH Software for a certain period of time. The contract between the client and Online Services LTD may also be concluded electronically, in compliance with these General Terms and Conditions.
ІІ. RULES FOR GRANTING RIGHTS TO USE I-CASH SOFTWARE TO END CUSTOMERS
2.1. The I-CASH software may be used by end customers only on the basis of a valid contract for the use of the software product, under which Online Services LTD has granted the end customer rights to use the I-CASH Product for the term, specified in the contract for the objects and cash registers of the client specified in the contract and provided that the end user has fulfilled its obligations to pay a license fee / subscription fee within the terms specified in these general terms.
2.2. The contract for granting the rights to use I-CASH software with end customers may also be concluded online, in accordance with the procedure provided for in Section IV of these General Terms and Conditions.
2.3. The end customer agrees with these general terms and conditions for the use of I-CASH software, agreeing to them by filling in the registration form as an annex to the contract, under which the customer is granted rights to use I-CASH software for the period specified in the contract concluded with Online Services LTD and for the sites and cash registers of the client indicated in the contract or according to the procedure provided in Section IV. By agreeing to these General Terms and Conditions in any of the above ways, the customer agrees that Online Services LTD may unilaterally change these general terms and conditions, as the changed general terms and conditions bind the customer to a current contract for the use of the software product, in view of the provision of Art. 298 para 1, item 2 of the Commercial Law, if he does not dispute them immediately after the date of publication of the text of the changed general conditions on the site www.icash.bg/terms/
2.4. In the contract for the use of the software, by signing which the end user is granted rights to use the product or in the manner provided for in Section IV, the user must specify the e-mail address to which the user agrees to receive any messages and notifications in connection with the contractual relationship between “Online Services” Ltd. or its distributor on the one hand and the end customer / user on the other hand, as well as a contact phone number. The message sent to the e-mail indicated by the client in the contract or by the order of section IV binds the parties from the moment of its receipt in the information system indicated by the client in accordance with the provision of art. 10 para 1 of the Electronic Document and Electronic Certification Services Act.
III. RULES FOR USE OF I-CASH SOFTWARE BY END CUSTOMERS
3.1. The I-CASH Software may be used by end customers who have been granted rights to use the Product under a contract in accordance with Section II, both on computer information systems accessible via the Internet and on computer systems operating in local networks or on stand-alone stations.
3.2. / 1 / The Client may use the Software I-CASH provided for use for the term of the contract, provided that he has paid an advance, remuneration / subscription fee in the amount according to the plan chosen by the client – on a monthly or annual basis.
3.2. / 2 / Additional or personal services are paid extra and are not included in the prices of the packages. You can find a list of some of these services offered by Online Services Ltd. at https://icash.bg/bg/blog/others/more- services.
3.3. In case the client has chosen a one-month basis for payment of the fee, he owes payment of the license fee / subscription fee in advance, before the beginning of the monthly period for which the contract for use of the software is concluded or extended. In case the client has chosen an annual basis for payment of the fee, he owes payment of the license fee / subscription fee in advance, before the beginning of the annual period for which the contract for use of the software is concluded or extended.
3.4. In case the Client has chosen an annual basis for payment of the remuneration, but has not paid the advance remuneration for the entire selected period of the contract for providing the use of the product within the above terms, the Client owes remuneration for each month of the contract. in the amount due for the provision of the product on a one-month basis, according to the prices announced on the website www.icash.bg/cenova-lista/ as of the date of non-fulfillment of the payment obligation. The client owes payment of the difference in the remuneration as a result of the non-performance, within five days from the sending of an invoice for the due amount to the one indicated by the client according to art. 2.4 of these general terms and conditions e-mail address.
3.5.1 In cases where the contract is terminated before the expiration of the term chosen by the client, the client owes the remuneration due for a contract on a one-month basis according to the prices announced on the website www.icash.bg/cenova-lista/ until the date of termination . The client owes payment of the difference in remuneration as a result of the early termination, within five days from the sending of an invoice for the due amount to the one indicated by the client according to art. 2.4 of these general terms and conditions e-mail address.
3.5.2 In case of delay in payment of the due fees under the contract for providing the use of the product, the client of Online Services LTD pays a penalty for delay in the amount of 0.2% on the amount of the overdue payment for each overdue day.
3.5.3 The penalty may not exceed the price of the payment.
3.6. The prices announced on the website www.icash.bg/cenova-lista/ for providing the use of I-CASH Software are without VAT, and the client should pay them together with the due VAT.
3.7. The due remuneration under the contract for providing the use of the product is paid to “Online Services” LTD on the bank account of the company, namely: BG50RZBB91551001982012.
3.8. / 1 / The Client receives access to the program and has the right to use the I-CASH product, according to the plan chosen by him, not earlier than one working day from the cumulative presence of the following conditions: crediting the bank account of Online Services LTD with the full amount of the license fee / subscription fee due for the plan chosen by the client and provided that he has provided to Online Services LTD the correct required according to item 2.4. of these General Terms and Conditions information, incl. email address.
/ 2 / In case that as of the date specified in the contract for starting the contractual relations, the Client the Client has not paid to “Online Services” LTD the due remuneration or has not provided to “Online Services” LTD all or part of the information specified in Art. . 2.4 or the provided information or part of it is incorrect, the Client receives access to the program, providing him with the use of I-CASH Software within the term under para 1
/ 3 / With payment by the Client in full of the remuneration for a new term for use of the product according to the selected plan, indicated on the page of Online Services LTD www.icash.bg/cenova-lista/ as of the date of payment, the contract between Online Services LTD and the Client, is extended for a new term in accordance with the plan chosen by the Client, starting from the expiration date of the previous contract, regardless of whether an agreement for extension of the term of the contract has been signed between the Client and Online Services LTD or not.
3.9. After payment in full of the due remuneration, Online Services LTD creates a username and password for the Client, with which the Client gets access to the program.
3.10. Upon starting the use of the Product, each Client receives a one-time training for working with it in the office of Online Services LTD.
3.11. The included services against the remuneration paid by the client are indicated on the site www.icash.bg In case of change in the services indicated on the site under a valid contract, the conditions as of the date of concluding the contract apply, and in case of extension of the product of the contract, etc., the conditions effective as of the date of negotiating the change shall apply.
3.12. The information entered by the client in the commercial program is stored on a server serviced by Online Services Ltd.
3.13. Each customer has access only to the data entered in his warehouse.
3.14. The client can receive information and access to the data in the program at any time.
3.15. A customer with a valid contract can request its use at additional sites and cash registers, subscribe for monthly maintenance by selecting one of the subscription plans, as well as request an extension of the contract using the Subscriptions module, part of the Product itself.
3.16. The end customer may use the I-CASH Software only for the purposes for which it is intended – data entry in his warehouse and the ability to monitor and track sales and operations in the store. Any reproduction, modification, transmission (electronically or otherwise), public display of part or all of the content of the I-CASH software, and its use for purposes other than the purposes of the product use agreement constitute an infringement of copyright and other intellectual property rights, whereby the Client and any other person who uses the software for purposes other than the purpose of the software, the contract for the use of the product or these general terms and conditions, owes “Online Services” Ltd. compensation for any violation at BGN 10,000 / ten thousand /, as Online Services Ltd may claim larger damages.
3.17. The prohibition for use and reproduction under Art. 3.16 applies to the unauthorized use of I-CASH software as a set of all its elements, incl. any images, photographs, video, audio, music, text, “applets”, etc., embedded in the Product, as well as in relation to each of the individual components of the product;
3.18. The access or use of the Product by a person does not lead to the acquisition by the end user of the right to use the Product.
3.19. The end customer is obliged to use the Product only in accordance with the contract, these general terms and conditions and instructions provided by “Online Services” Ltd.
3.20. The End Customer may not remove, alter or obscure any trademark or other proprietary designations contained in or on the Product.
3.21.The end customer is not allowed to rent, lease, provide the use of the product in any way, directly or indirectly transfer or distribute the product to third parties, as well as to allow third parties access to and / or to allow the use of the functionalities of the Product, except for the purpose of providing access to the functionalities of the Product in the form of software services in accordance with the terms of these General Terms.
3.22. In case of any violation of the provisions of Art. 3.19, 3.20, 3.21, the end customer owes the penalty provided for in Art. 3.16, as Online Services Ltd may claim greater damages.
3.23. In case of any breach of a provision of the contract or these general terms and conditions by the end customer, Online Services Ltd may terminate the contract due to non-performance by giving the unilateral statement of intent for cancellation sent to the e-mail specified by the customer three days. No additional period for performance is given if the non-performance is related to infringement of intellectual property rights and use of the product in violation of the provisions of this contract and the contract is considered terminated from the date of sending the message to the customer’s e-mail address. In case of termination of the contract due to non-performance of the Client, the Client pays a penalty in the amount of BGN 500 / five hundred /, as Online Services Ltd or the distributor may claim larger damages.
3.24. Online Services Ltd and the client undertake not to use and disseminate data and information constituting a trade secret of the other party, which became known to them in connection with the implementation of the contract for the use of the software, and the party that disseminated the trade secret is responsible. under the terms of the Competition Protection Act.
3.25. Online Services Ltd undertakes to eliminate any errors and omissions in the program within the period agreed between the parties for their elimination.
3.26. Online Services Ltd undertakes to maintain the functionalities of the Product in accordance with the requirements of the VAT Act and Ordinance H-18, including updates and changes.
3.27. Online Services Ltd has the right to terminate the client’s access to the program in case of any non-fulfillment of the client’s obligation arising from the contract and these general terms and conditions, notifying him of the reason for the suspended access to the e-mail address specified by the client.
3.28. “Online Services” Ltd. is not responsible for the operation of the Product if the device used does not meet the minimum technical requirements for the specific Product, according to the requirements for use or is used in violation of technical regulations for installation and operation of the Product.
3.29.In case of a software problem related to the I-CASH product ascertained by Online Services Ltd, it is removed remotely by Online Services Ltd
In order to establish the nature of the problem and eliminate a software problem related to the I-CASH product, it is necessary for the Client to provide Online Services Ltd with access to his computer remotely, as well as to actively assist in entering the cash register mode. by pressing buttons or a combination of keys. In case the client does not provide access to his computer and / or does not provide assistance in establishing the nature of the problem and / or its elimination, Online Services Ltd is not responsible for identifying the problem and its elimination.
Online Services Ltd. is not responsible in case of hardware problems and / or poor quality of hosting or Internet service, which lead to problems in the operation of the product I-CASH.
The establishment of a software problem is done with a statement of findings signed by the Client and Online Services Ltd.
3.30. The customer may terminate the contract for the use of the product I-CASH in case of an identified software problem, which problem is not due to reasons for which “Online Services” Ltd. is not responsible under 3.27 and other texts of these general conditions, if ” Online Services Ltd did not eliminate the software problem within the period given in the unilateral statement of intent to terminate the contract, which period may not be shorter than 14 days. Conditions for cancellation of the contract are that the Client has no obligations to “Online Services” Ltd arising from the contract.
3.31. It is the obligation of each customer using the Product to visit the site www.icash.bg in order to get acquainted with the updated conditions for using the product.
3.32. Disputes regarding the use of the I-CASH product, which cannot be resolved through negotiations, are resolved by the Bulgarian court in application of Bulgarian law.
IV. RULES FOR CONCLUDING A CONTRACT FOR PROVIDING THE USE OF I-CASH SOFTWARE ONLINE
4.1. An agreement for providing the use of the software product I-CASH can be concluded with Online Services Ltd and online through the online store of Online Services Ltd.
4.2. In order to conclude the contract for providing the use of the software product with Online Services Ltd online, the client must accept these general terms and conditions for the use of I-CASH software. Otherwise, no contractual legal relationship arises between the Client and Online Services Ltd with the subject of providing the use of I-CASH software for the term of the contract chosen by the Client for granting the use of.
4.3. The characteristics of the offered software I-CASH located on the website of Online Services Ltd, prices in view of the selected term of the contract and the other conditions for concluding the contract for providing the use of the software product online, incl. These General Terms and Conditions for the use of the I-CASH software product are the offer of Online Services Ltd for concluding the contract for providing the use of the I-CASH software product online.
4.4. The customer has the right to receive a demo version of the product in order to get acquainted with the characteristics of the offered product.
4.5. Online Services Ltd reserves the right to change the prices for use in the form of a contract for granting the right to use the software product I-CASH, announcing the new prices on the website www.icash.bg. The customer pays the price for using the software product I-CASH, current at the time of acceptance / confirmation of the conditions for use of the software product I-CASH by the customer for the selected plan / subscription.
4.6. Every natural or legal person who concludes a contract online through the site www.icash.bg must fill in and confirm the accuracy of the data on the registration form, thus creating his client profile.
4.7. By registering, the customer acquires a username and password, with which he identifies himself in the online store of “Online Services” Ltd and can place valid orders for the use of the software product through the online store of “Online Services” Ltd.
4.8. The conclusion of the contract for providing the use of the software product through the site of “Online Services” Ltd is done as follows: The customer selects a subscription plan for using the product after getting acquainted with the functional characteristics of the site and the demo version of The Customer may cancel or change the order by pressing the “Back” buttons. By clicking the “I agree” button, the Buyer accepts the conditions for concluding the contract for providing the use of the software and confirms the offer of “Online Services” Ltd for the selected term of the contract and subscription.
4.9. With the acceptance of the Conditions according to art. 4.8. on the site www.icash / registration by clicking the “I agree” button, selecting a subscription and filling in the required information for the order through the site of “Online Services” Ltd., the Client accepts the offer of “Online Services” Ltd. which the Agreement between the parties for the provision of the use of the software product I-CASH, is considered concluded under the terms and conditions of the website www.icash.bg/registration-terms/
4.10. By clicking the “I agree” button, the Client declares the authenticity of the data provided in the registration form and the order, as the individual who filled in the registration form and confirmed the offer on behalf of the legal entity Buyer declares the fact that he may represent the legal entity. his capacity as a person entered in the commercial register or his proxy.
4.11. On the next working day at the latest, Online Services Ltd performs a check for the validity of the order, which is expressed in a check of the correspondence between the data filled in the order and those contained in the Commercial Register. Online Services Ltd has the right to withdraw from the contract concluded through the online store, without liability for it, if the customer’s data in the order are not valid, as in cases of abuse by the customer.
4.12. The contract is concluded in Bulgarian.
4.13. The contract concluded under these general terms and conditions is terminated due to the expiration of the term with the expiration of 7 / seven / days from the date of acceptance by the Buyer of the offer of “Online Services” Ltd, if within these 7 / seven / days the payment has not been made in full by the Client in accordance with the procedure provided in these General Terms and Conditions.
4.14. The tax event within the meaning of Art. 25 para 3 item 4 of the VAT Act arises on the date of payment of the price.
4.15. The Client may refuse or change an order before the statement for concluding the contract.
4.16. Online Services Ltd fulfills its obligations under the contract with the care of a good trader.
4.17. The exchanged statements in connection with the conclusion of the contract in the online store are stored by “Online Services” Ltd in encrypted form for a period of 12 / twelve / months after the conclusion of the contract, and the Client has the right to access it upon request. country.
4.18. A condition for providing the use of the product by “Online Services” Ltd is the advance payment by the Client.
4.19. By accepting the Terms of the site www.icash.bg, the Client gives his explicit consent for advance payment of the price for providing the use of the product.
4.20. The price according to the selected subscription is paid by the Client under the bank transfer of “Online Services” Ltd, within 5 days from the date of acceptance by the Client of the offer of “Online Services” Ltd for concluding the contract for providing the use on software. The price of the subscription chosen by the client is paid to the bank account of “Online Services” Ltd, namely:
Bank: Raiffeisen Bank (Bulgaria) EAD
4.21. The Client voluntarily provides to Online Services EOOD the data necessary for granting the right to use the software product, and by accepting the Terms of the site www.icash.bg/registraton/, the Client agrees to the provided company information to be stored and processed according to the provisions of the current legislation for personal data protection and the other current legislation for the purposes of the contract concluded with the Client.
4.22. Online Services Ltd is not responsible in cases of misuse of corporate and personal data of Clients and orders made and confirmed by persons not entitled to represent Clients – legal entities.
An integral part of these general terms and conditions are the RULES FOR THE PROTECTION OF PERSONAL DATA.