General Terms
OF INTERRELATIONS WITH THE END USERS OF THE SERVICE “ODSL” PROVIDED BY “ORBITEL” EAD
I. General Provisions
1.1. The present General Terms regulate the interrelations between Orbitel ЕAD (hereinafter referred to as „Orbitel”), with with its head office and registered address in the city of Sofia, 1 Macedonia Sq., floor 18, and the end users of the service „ODSL” provided by Orbitel (hereinafter referred to as „the service”). Within the meaning of the present General Terms “end user” shall be considered natural or legal person which uses or has declared willingness to use the service by signing a contract, without providing electronic communications in a commercial way through the service.
1.2. The service provides connection between the global Internet network and the access points of the end users. The technical parameters and characteristics of the service are individualized in the written contracts signed between Orbitel and the end users.
1.3. In addition to the provided service, Orbitel may provide web hosting to the end users that grants possibility for disposing web site of the end user on server of Orbitel, Internet connection of the web site and possibilities for administration and control of the web site and/or certain number of e-mail boxes.
2.1. The present General Terms are obligatory for Orbitel and the end users.
2.1. The present General Terms are obligatory for Orbitel and the end users.
2.2. The General Terms shall be obligatory for the end users as of the moment of their written acceptance in writing. As a written form shall also be considered electronically made statements of the end users.
II. Contract. Entering into Force, Validity and Termination of the Contract.
3.1. The provision of the service shall be made on the grounds of a written contract signed between Orbitel and end user (hereinafter referred to as “the contract”). The contract shall enter into force as of the date of its undersigning by the parties unless otherwise provided in it.
3.2. The contract shall be concluded for initial term which duration shall be specified in the contract. The validity of the contract shall be extended for a term with the same duration unless neither party has opposed in writing before the expiration of the initial term of the contract. The rule under the preceding sentence for extension of the contractual term shall apply repeatedly and automatically.
3.3. The initial term of the contract shall begin as of the date on which the service provision has started, attested as per items 7.8 or 7.9.
3.4. At the contract conclusion the end user shall be obliged to provide its identification data required by Orbitel as well as to provide on request the documents attesting the authenticity of these data. In case of change of the provided data, the end user should immediately notify Orbitel.
3.5. With a view to service provision, Orbitel shall be entitled to collect, process, use and keep data related to the name and address of the end user, subscription telephone number of Bulgarian Telecommunication Company EAD (“BTC”) and the holder of the respective subscription telephone post of BTC from which the service shall be used, etc. During the collection, processing, using and keeping of the personal data, provided by the end users, Orbitel shall be obliged to observe all obligations for their protection stipulated in the Electronic Communications Act.
3.6. The end user shall be obliged to provide Orbitel explicit written powers of attorney, after Orbitel’s pattern, with which the holder of the subscription telephone post of BTC, from which the service shall be used, authorizes Orbitel to represent him before BTC regarding the service use from the respective subscription telephone post of BTC.
3.7. In case the end user is not the holder of the subscription telephone post of BTC, Orbitel shall not bear any responsibility for the relations between the holder of the subscription telephone post and the end user regarding the provision and the use of the service.
3.8. Orbitel shall be entitled not to conclude a contract with a given person in case the latter:
3.8.1. does not provide data required by Orbitel;
3.8.2. does not provide a document, required by Orbitel, attesting the authenticity of the provided data;
3.8.3. does not provide Orbitel the powers of attorney under item 3.6;
3.8.4. has not fulfilled any of its obligations under other contract, concluded with Orbitel.
4. The end users shall not be entitled to transfer to third parties entirely or partially the rights and/or the obligations under the contract unless Orbitel has given in advance its explicit written consent for the transfer.
5.1. Orbitel shall be entitled to rescind without notification the contract with an end user in the following cases:
5.1.1. the end user has provided incorrect data;
5.1.2. procedure for insolvency of the end user has been initiated;
5.1.3. systematic non-fulfillment by the end user of its contractual obligation (at least three cases of non-fulfillment) in the event that Orbitel has notified the end user for at least one case of non-fulfillment of the respective obligation;
5.1.4. the end user has violated its legal obligation or its contractual obligation as a result of which proceeds or may proceed damage of the good reputation of Orbitel.
5.2. Beyond the hypothesis under item 5.1, Orbitel shall be entitled to rescind the contract with the end user with а fourteen-day written notification in case the latter fails to fulfill its contractual obligation. The contract shall be rescinded with the expiration of the notification term unless within this term the non-fulfillment and its damaging consequence are not removed.
5.3. The end user shall be entitled to rescind the contract under the conditions and the procedure of the Obligations and Contracts Act and the term of the notification for the rescission of the contract is fourteen days.
6.1. Beyond the cases under items 5.1-5.3, the contract may be terminated on the following grounds:
6.1.1. by mutual written consent of the parties;
6.1.2. in case any of the parties ceases its activities with liquidation or is declared insolvent;
6.1.3. unilaterally, by either party to the contract, with a 30-day written advance notification to the other party. The end user shall not have the right to make notification for contractual termination before the initial date of service provision;
6.1.4. unilaterally, by Orbitel, without advance notification, in case of termination of the Contract for provision of specific access concluded between Orbitel and BTC or in case the provision of the service or a part of it gets forbidden by a legal regulation enforced by the competent state authorities or clauses, conditions or fees, subject of the contract with the end user, get imperatively modified by a legal regulation.
6.1.5. under the hypothesis of item 7.10.
6.1. Beyond the cases under items 5.1-5.3, the contract may be terminated on the following grounds:
6.1.1. by mutual written consent of the parties;
6.1.2. in case any of the parties ceases its activities with liquidation or is declared insolvent;
6.1.3. unilaterally, by either party to the contract, with a 30-day written advance notification to the other party. The end user shall not have the right to make notification for contractual termination before the initial date of service provision;
6.1.4. unilaterally, by Orbitel, without advance notification, in case of termination of the Contract for provision of specific access concluded between Orbitel and BTC or in case the provision of the service or a part of it gets forbidden by a legal regulation enforced by the competent state authorities or clauses, conditions or fees, subject of the contract with the end user, get imperatively modified by a legal regulation.
6.1.5. under the hypothesis of item 7.10.
6.2. In case of refusal of BTC according to item 7.1 the contract shall be automatically terminated and in this case the parties shall not owe any penalties.
6.3. In case the contract is terminated before the expiration of its initial term or the term for which the validity of the contract has been extended, Orbitel shall be entitled to demand payment by the end user of the amount of the monthly subscription fees due until the expiration of the respective contractual term. The sum under this item shall not be due in case the contract is terminated on the grounds of items 6.1.1, 6.1.3 (in case of contractual termination with notification by Orbitel) or 6.1.4 as well as in case the end user objects to the extension of the validity of the contract as per item 3.2, second sentence.
III. Actions preceding the beginning of the service provision.
Beginning of the service provision. Change of service parameters.
7.1. When an end user requests to use the service, Orbitel shall submit to BTC an application for performing technical research for the possibility of providing the service. Powers of attorney from the holder of the respective subscription telephone post of BTC should be attached to the application. In case BTC finds any obstacles for the provision of the service, Orbitel shall notify the end user within 7 days as of the receipt of the answer (refusal) of BTC.
7.2. The application under item 7.1 shall be submitted after Orbitel has received the contract signed by the end user and a duly powers of attorney as per item 3.6.
7.3. The service shall be provided only to end users which use fixed voice service by BTC via an active subscription telephone post, have at least one bill issued for the use of the fixed voice service and do not have non-fulfilled obligations to BTC. The service shall not be provided to subscription telephone posts of BTC which are not active – closed or stopped due to non-payment.
7.4. In case of mistakes in the application submitted as per item 7.1 which mistakes are due to lack and/or inaccuracy of data provided to Orbitel by the end user, the latter shall be obliged to remove the mistakes within 2 working days as of the date of the notification by Orbitel.
7.5. The service should begin to be provided within 15 working days after the correctly filled application under item 7.1 has been submitted, unless there is a refusal from BTC.
7.6. With a view to service activation Orbitel shall send its representative at the address of the end user from where the service shall be used on date and hour agreed in advance between the parties.
7.7. The representative of Orbitel under item 7.6 shall configure one personal computer of the end user and shall make the necessary network adjustments in order the service to be used from the configured computer. The adjustments under the preceding sentence do not include update of software, hardware and/or the operational system nor software and/or hardware configuration. The configuration and adjustments shall be made only to operational systems Microsoft Windows 95 and the following, Apple Macintosh OS 8 and the following.
7.8. The date of signing between representatives of the parties of the Finding Minutes attesting the beginning of the actual provision of the service and its correspondence with the technical parameters set in the contract shall be considered as the beginning of the service provision.
7.9. The end users shall be obliged to accept the service by signing the Finding Minutes under item 7.8. In case the end user without any reasonable ground refuses to sign the said Finding Minutes, the beginning of the service provision shall be attested by Orbitel’s monitoring system of the traffic.
7.10. In case that during the validity of the contract an end user requests to change its address and/or telephone number of BTC from which the service is being used, the contract shall terminate its effect with the conclusion between the parties of a new contract for the provision of the service towards the new address/telephone number of the end user.
7.11. In case that during the validity of the contract an end user requests to start using the service from an additional telephone number of BTC, the parties shall undersign a new contract for the provision of the service towards the new telephone number of the end user when the current contract shall not be terminated.
8.1. In case the end user requests a possible change of a technical parameter of the service used, the change shall be made by Orbitel after an annex to the contract has been signed.
8.2. As of the date of the change of a technical parameter of the service, the validity of the contract shall be extended for 12 (twelve) months term and the rules under item 3.2, sentences second and third shall respectively apply.
8.3. A possible change of technical parameter of the service may be requested not frequently than once within each three months period of the validity of the contract.
8.4. Download/upload speed change shall be performed in case of technical possibility. The change shall be preformed within 12 working days as of the receipt by Orbitel of the annex under item 8.1 signed by the end user, except in case of refusal by BTC.
IV. Financial Conditions
9.1. The fees of the service shall be determined by Orbitel according to the technical parameters and characteristics of the service used.
9.2. The fees under item 9.1 shall be set under equal conditions for the end users and Orbitel shall have the right to set price (tariff) packages, as well as different fees and concessions on the grounds of the parameters of the service used, jointly voluntarily use of two or more services chosen by the end user, as well as on the grounds of other objective criteria.
9.3. Depending on the characteristics of the service used, the end user shall owe all or some of the following fees, specified in the contract: fee for service activation, monthly subscription fee, monthly fee for provided WiFi access, monthly fee for web hosting, annual fee for registration and pre-registration of end user’s domain, etc.
9.4. Orbitel provides free of charge to the end users information regarding the fees of the service and the tariff packages.
9.5. Orbitel shall be entitled at any time to change the fees due for the service use when information about each change shall be published on the Orbitel’s web site www.orbitel.bg seven days before entering into force of the respective change.
9.6. The fee for service activation shall be payable during the month, following the month of entering into force of the contract for service use.
9.7. The monthly subscription fee shall be due as of the initial date of providing the service established according to items 7.8 or 7.9 and the said fee shall be payable during the current month of service use.
9.8. The monthly fee for provided WiFi access shall be due as of the first date of the month during which the WiFi access is provided and the said fee shall be payable during the current month of service use.
9.9. The monthly fee for web hosting shall be due as of the initial date of web hosting provision and the said fee shall be payable during the current month of service use.
9.10. The first annual fee for registration and pre-registration of end user’s domain shall be payable before the registration (pre-registration). The following annual fees shall be payable during the month, preceding the expiration of the respective twelve-month period of the registration (pre-registration).
9.11. In case the first month as of which a fee begins to be due is incomplete, the respective fee due for this first incomplete month shall be payable during the next month.
9.12. The rule under item 9.11 shall respectively apply in case of change of technical parameter of the service in the event that the change is not related to change in the amount of the fee.
9.13. In case a fee is due for an incomplete month, the amount of the fee shall be determined according to the continuation of the service use during the incomplete month on a 30-days month base.
9.14. Orbitel shall issue tax invoices to the end users for the fees due for the service use.
9.15. The fees shall be due as of the date of issuance of the respective invoice (date of the tax event) and the payment shall be made up to 15 (fifteen) days as of this date.
9.16. The fees owed by the end user shall be paid via bank transfer at the account of Orbitel specified in the respective invoice, and in cash – with the agreement of Orbitel.
9.17. In case one tax invoice comprises sums owed on different legal grounds and on condition that the payment performed by the end user is not sufficient for paying off all the sums under the invoice, the obligation with the earliest date of payment shall be paid off first of all. In case that all the obligations under the invoice are with equal dates of payment, the paying off shall be performed in the order of listing the obligations in the invoice.
9.18. In case two or more tax invoices are issued to the end user and the payment performed by the end user is not sufficient for paying off the sums under the invoices, the obligations under the invoice with the smallest number shall be paid off first of all, and after it – the obligations under the other invoices in ascending order of their numbers.
9.19. The sums owed by the end users to Orbitel, the amount of which is fixed in foreign currency, shall be payable in BGN according to the central rate of exchange fixed by the Bulgarian National Bank at the first working day of the month during which the respective tax invoice is issued.
V. Basic Rights and Obligations of Orbitel
10.1. Orbitel shall provide the service in compliance with the operative legislation of the Republic of Bulgaria, the Contract for provision of specific access concluded between Orbitel and BTC, the contract concluded with the end user and the present General Terms.
10.2. Orbitel shall have the right to receive all the amounts due by the end users under the contract.
10.3. Orbitel shall monitor the service provision process and in case of technical problems Orbitel shall undertake all necessary measures for removing the problems within maximum short terms.
10.4. Orbitel shall remove existing problems with the service within the following terms:
10.4.1. problems in the network part (МАN network): within 48 hours;
10.4.2. problems in the subscription part: within 72 hours;
10.4.3. cable problems due to thefts, failure or a natural disaster: within 12 working days.
10.5. The terms under item 10.4 shall be calculated after Orbitel has received a written notice from the end user for the existing of a problem.
10.6. Orbitel shall have the right to cease the provision of the service to the end users after a 24 (twenty-four) hour written notification in case the latter fail to fulfill their obligations related to the service use and/or payment and the provision of the service shall be restored when the violation is removed.
10.7. While the provision of the service is ceased as per item 10.6 the end users shall be obliged to pay Orbitel all the fees due for the provision of the service within the terms specified in the contract.
10.8. Orbitel shall have the right to cease the provision of the service in case of planned or incidental preventing checks or repairs of the networks through which the service is provided as well as in case of necessity of performing activities for development of the said networks.
10.9. In case Orbitel requires access to the end users premises in order to perform activities regarding the service provision, the end users shall be notified by Orbitel in advance for the required access.
10.10. Orbitel shall be obliged to maintain publicly announced addresses and telephone numbers for contacts with the end users in connection with problems related to the use of the service as well as in connection with the conditions for its use.
10.11. Upon a request by the end user and against payment by the latter of the fee specified in the contract, Orbitel may provide technical work beyond the provision of the service and the technical maintenance of the latter.
10.12. With a view to the use of the service Orbitel shall provide to the end users for temporary use splitters and modems which shall be maintained and configured by Orbitel. The end users shall not have the right to perform any activities regarding the provided equipment (set-up, de-installation, change of location, pre-configuration and etc.).
10.13. In case of web hosting use by the end users, Orbitel shall not provide any consultations regarding the disposal of the web site on the server of Orbitel or for the administration of the web site.
10.14. In case of web hosting use by the end users, Orbitel shall not gain rights over the informational recourses of the end users disposed on their web sites.
VI. Basic Rights and Obligations of the End Users
11.1. The end users shall have the right to use the service in accordance with the operative legislation of the Republic of Bulgaria, the present General Terms and the written contracts concluded with Orbitel.
11.2. While using the service the end users shall be obliged to observe the legislation of the Republic of Bulgaria and the general moral rules as well as to respect the rights and freedom of the citizens.
11.3. While using the service the end users shall not have the right to commit any illegal actions, nor to transfer messages that harm or may harm the rights, the freedom and the good name of the citizens.
11.4. The end users shall be obliged to ensure assistance to Orbitel for providing the service as well as to provide access to their points of access.
11.5. The end users shall be obliged not to commit and not to allow commission of malicious actions related to the use of the service.
11.6. The end users shall have the right to request from Orbitel information related to the conditions for service use.
11.7. The end users shall have the right to notify Orbitel for existing problems related to the use of the service.
11.8. The end users shall be obliged to pay the sums due within the terms set and under the specified procedure.
11.9. The end users shall not have the right to provide against payment the service to third parties.
11.10. The end users shall be obliged to provide Orbitel with access to their premises with a view to performing activities related to the initial activation, maintenance and deactivation of the service.
11.11. The end users shall be obliged immediately to notify Orbitel in case of closing or removing of the telephone post of BTC from which the service is being used.
11.12. The end users shall be obliged to use the equipment provided from Orbitel according to its purpose, not to dispose it to third parties and not to allow improper use with the said equipment. In case of contract termination the end users shall be obliged to return the equipment to Orbitel in the same condition when the usual wear out of the equipment shall be taken into account.
11.13. Before the activation of the service and with a view to its normal efficiency the end users should provide:
11.13.1. active telephone line with analogue (POTS) or digital (ISDN BRI) interface which shall be located to a distance less than 1 (one) meter from the main socket in which the service will be activated;
11.13.2. free electrical wall-plug located to a distance less than 1 (one) meter from the place where the service will be activated and used - 220-230V AC (with European point) or 48V DC electrical supply and in case it is with different incoming power it should be equipped with the necessary converter;
11.13.3. personal computer with Ethernet card (maintaining IETF RFC 791 IP datagrams, encapsulated in IEEE 803.2 protocol), working with Internet software.
11.13.1. active telephone line with analogue (POTS) or digital (ISDN BRI) interface which shall be located to a distance less than 1 (one) meter from the main socket in which the service will be activated;
11.13.2. free electrical wall-plug located to a distance less than 1 (one) meter from the place where the service will be activated and used - 220-230V AC (with European point) or 48V DC electrical supply and in case it is with different incoming power it should be equipped with the necessary converter;
11.13.3. personal computer with Ethernet card (maintaining IETF RFC 791 IP datagrams, encapsulated in IEEE 803.2 protocol), working with Internet software.
11.14. The equipment provided by the end users with regard to the use of the service should correspond to all requirements for conformability with the existing telecommunication infrastructure through which the service shall be provided.
11.15. When using web hosting the end users:
11.15.1. shall not have the right to load, keep, disseminate, use or send files, programs, images, sound or any other materials containing threat for the person physical inviolability, violating third parties’ rights and legal interests or containing viruses, programs for unauthorized remote access (“Trojan horses”), unsolicited mail (SPAM) or other similar damaging recourses;
11.15.2. shall be obliged at their expense to provide the association by the respective register Internet organization of their domain with IP address specified by Orbitel, except when Orbitel shall register the domain.
VII. Responsibilities. Restrictions in case of web hosting use
11.15.2. shall be obliged at their expense to provide the association by the respective register Internet organization of their domain with IP address specified by Orbitel, except when Orbitel shall register the domain.
VII. Responsibilities. Restrictions in case of web hosting use
12.1. Orbitel and the end users shall bear civil responsibility for the guiltily committed damages – result of illegal behavior of the respective party course of/or pertaining to the provision or the use of the services.
12.2. In case an end user fails to pay in time due sum, Orbitel shall be entitled to receive penalty to the amount of 0.3% (zero point three per cent) of the overdue sum for each day of delay.
12.3. Orbitel shall not be responsible for interruption or aggravated quality of the service when these circumstances are not due to its fault.
12.4. Orbitel shall not be responsible for interruption or aggravated quality of the service in case any of the following circumstances is present:
12.4.1. interruption or aggravated quality of the service is due to prophylactic checks or repairs of the networks through which the service is being provided in case the end users have been notified in advance for such checks or repairs;
12.4.2. the end user has not fulfilled any of its obligations under this contract;
12.4.3. interruption or aggravated quality of the service is due to malicious actions of third parties or to improper operation with technics or equipment by the end user;
12.4.4. interruption or aggravated quality of the service is due to reason beyond the network of Orbitel.
12.5. Orbitel shall not be responsible for the consequences of the work performed beyond the technical maintenance of the service accomplished at the request of the end user.
12.6. In case that equipment provided by Orbitel to the end user is destroyed, lost or by any reason due to the end user’s fault becomes inefficient for its custom use, the end user shall owe Orbitel a compensation to the amount of the price of the equipment specified in the Finding Minutes signed for its delivery from Orbitel to the end user.
12.7. In case web hosting use by the end users Orbitel shall not be liable for:
12.7.1. the preparation, design, programming and security of the web site as well as the materials disposed on the web site;
12.7.2. the confidentiality and the time identification of the messages sent and received through the e-mail system of the end users as well as the eventual legal consequences resulting from these messages;
12.7.3. interruption or aggravated quality of the web hosting as well as for penetration of unsolicited mail (SPAM) and/or viruses in the e-mail box of the end user.
13.1. When web hosting is provided the following restrictions shall apply:
13.1.1. Restrictions of sending messages through SMTP with a view to protect the end users from receiving unsolicited mail (SPAM):
13.1.1.1. maximum number of the attempts for SMTP connection (25,465 port – e-mail sending) within 1 hour – 250;
13.1.1.2. maximum number of the simultaneous SMTP connections – 3;
13.1.1.3. maximum number of message delivery requests which an end user may request within one hour – 400;
13.1.1.4. maximum number of receiving addresses towards which the end user may send messages within 1 h – 400;
13.1.1.5. maximum number of messages sent towards one addressee within one hour - 400, when the sending should be made with no more than 250 connections to the server within one hour. There are no restrictions of the size of the sent messages.
13.1.2. The restrictions under items 13.1.1.1 – 13.1.1.4 are applicable and in force for one IP address and for 1 end user.
13.1.3. Restrictions of attaching files to a message – when attaching file via web interface the size of the attached file can not exceed 6 MB. The said restriction of the size of the attached file does not apply in case of using email client.
13.1.4. Restrictions of programs use:
13.1.4.1. Processor time: 12 seconds @ 100%;
13.1.4.2. Memory: 16384KB (16MB);
13.1.4.3. Number of processes: >12;
13.1.5. Ports closed for external connections: port 25.
13.1.6. Restrictions of the MySQL server:
13.1.6.1. the possibility for the MySQL data basis to be managed directly by the local machine is excluded.
13.1.6.2. the limit of the requests towards MySQL data basis is 150 000 requests within one hour. 13.1.7. Each process pending for more than 5 minutes shall be automatically terminated by the system.
13.1.8. Restriction of FTP usage – 10 simultaneous sessions.
13.1.9. The end users shall be notified by Orbitel for each web site which uses server resourses higher than the usually accepted (for example: processor time, memory and network loading). In case of misuse aiming to overload the server recourses, Orbitel shall have the right to stop without advance notification the provision of web hosting to the respective end user.
13.1.10. Each script disposed on the end user’s web site shall be automatically erased without advance notification in case it may cause a potential threat for Orbitel’s servers security.
13.1.11. Orbitel does not allow the installation of P2P programs such as Bit Torrent. The web sites which contain such software shall be automatically stopped.
13.1.12. Orbitel shall be entitled to cease without advance notification the use of the web hosting in case that within a given month the traffic from the web site reaches 9 GB.
VIII. Definitions
14.1. “Malicious actions” within the meaning of the present contract shall be considered: actions or inactions, violating the Internet ethics or causing damages to persons connected to Internet or associated networks, sending unsolicited mail (SPAM, JUNK MAIL), overloading of channels (FLOOD), obtaining access to resources with other person’s rights and passwords, taking an advantage of bugs and faults in the systems to one’s own benefit or for obtaining information (HACK), carrying out actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information data (CRACK), scanning of ports (PORT SCAN), sending “Trojan horses” or causing installation of viruses or systems for remote control, disturbing the normal operation of other users of Internet and the associated networks, carrying out of any actions that can be qualified as a crime or administrative offence pursuant to the Bulgarian legislation.
14.2. “Technical maintenance of the service” are Orbitel’s actions of maintenance and/or restoration of the efficiency of the services according to the parameters specified in the Contract.
14.3. “Web site” is specified place in the global Internet network which can be reached through its unified (URL) as per protocol HTTP 1.1 and which contains files, programs, text, sound, picture, image or other materials and recourses.
14.4. “Domain” is name consisting of series of particular Latin letters which has been registered in special registers by authorized persons and through which recourses are being found and individualized in the global Internet network.
14.5. “Viruses” are computer programs or scripts through which or due to which damage of information, operational system, normal work of the active programs and/or the confidentiality in a computer is caused.
IX. Miscellaneous
15.1. The information related to the content and the execution of the Contract is confidential and the parties shall be obliged to keep its confidentiality, not to disseminate the information or to disclose it to third parties beyond from BTC.
16.1. All the Attachments, Annexes and Finding Minutes, signed by and between the parties in connection with the Contract shall be considered an integral part of the latter.
IX. Miscellaneous
15.1. The information related to the content and the execution of the Contract is confidential and the parties shall be obliged to keep its confidentiality, not to disseminate the information or to disclose it to third parties beyond from BTC.
16.1. All the Attachments, Annexes and Finding Minutes, signed by and between the parties in connection with the Contract shall be considered an integral part of the latter.
16.2. In the event of contradiction between provisions of the different documents, integral parts of the Contract, the provisions in the particular documents shall have priority in the following succession
16.2.1. The Annexes to the Contract;
16.2.2. The written Contract;
16.2.3. The present General Terms.
16.2.1. The Annexes to the Contract;
16.2.2. The written Contract;
16.2.3. The present General Terms.
16.3. All the amendments and supplementations to the contract should be made in writing by mutual agreement of the parties.
17.1. The dispute of an amount due by an end user shall not release the selfsame of the obligation to pay the amount. When a decision of a competent authority that grants the dispute has entered into force, the paid amount that has not been due shall be restored to the payer.
18.1. The disputes between Orbitel and the end users shall be settled by mutual agreement, and if that happens to be impossible the disputes shall be settled by the competent Bulgarian court.
19.1. The present General Terms may be amended on the initiative of Orbitel. The amendments of the General Terms shall be published on the web site www.orbitel.bg and shall automatically apply in the future relations between the subjects under item 2.1.
20.1. The written correspondence between Orbitel and the end users shall be effected through e-mails, registered letters or a facsimile messages.
17.1. The dispute of an amount due by an end user shall not release the selfsame of the obligation to pay the amount. When a decision of a competent authority that grants the dispute has entered into force, the paid amount that has not been due shall be restored to the payer.
18.1. The disputes between Orbitel and the end users shall be settled by mutual agreement, and if that happens to be impossible the disputes shall be settled by the competent Bulgarian court.
19.1. The present General Terms may be amended on the initiative of Orbitel. The amendments of the General Terms shall be published on the web site www.orbitel.bg and shall automatically apply in the future relations between the subjects under item 2.1.
20.1. The written correspondence between Orbitel and the end users shall be effected through e-mails, registered letters or a facsimile messages.
20.2. In case the end user changes the stated address for correspondence, Orbitel should be informed in writing within 7 days after the change. The messages sent to the stated address shall be considered duly sent and received, in the event that the obligation pursuant to the preceding sentence is not observed.
21. For all issues that have not been settled by this General Terms the provisions of the operating legislation of the Republic of Bulgaria shall apply.
Orbitel EAD