1. Parties
This agreement is between TSBG Hosting Ltd., a company registered in the Republic of Bulgaria trading as BG Data Center (VAT BG205938491, registered office ul. "Racho Dimchev" 8, 1000 Sofia, Bulgaria), and the natural or legal person purchasing the service (the “Customer”).
2. Formation of the Contract
The contract is formed when the order is confirmed and payment is received. The order confirmation and invoice are sent to the e-mail address given by the Customer. The contract text is stored with the order record and remains available in the customer panel.
3. Scope of Service
The services supplied are limited to the configuration selected at the time of order: colocation, dedicated servers, virtual servers, backup, network connectivity, licensing and the related management services. Capacity upgrades and additional services are charged separately.
4. Fees, Invoicing and Tax
- Prices are in Euro and exclusive of VAT unless stated otherwise.
- Bulgarian VAT of 20% applies to domestic sales. The reverse charge applies to VAT-registered businesses elsewhere in the European Union upon supply of a valid VIES number.
- Invoices are issued in advance at the start of each billing cycle (monthly, quarterly, semi-annual or annual).
- Setup fees are one-off and non-refundable.
5. Renewal, Late Payment and Suspension
Services renew automatically on the same cycle unless the Customer gives notice. Renewal invoices are issued at least seven days before the period ends. Where an invoice is not paid by its due date, the service may be suspended five days after that date, and data may be permanently deleted if payment is not received within a further fifteen days. Notice is sent by e-mail before any suspension.
6. Right of Withdrawal
A Customer acting as a consumer may withdraw from the contract within fourteen days without giving a reason, under Directive 2011/83/EU and the Bulgarian Consumer Protection Act. Where the Customer requests that performance begin during that period and expressly acknowledges that the right of withdrawal will be lost, the right ends once the service has been fully performed. The right of withdrawal does not apply to legal persons acting in the course of business.
7. Acceptable Use
The following are prohibited on the infrastructure:
- sending unsolicited bulk e-mail, or providing infrastructure for it;
- unauthorised port scanning, attempts at unauthorised access, and the launching of or provision of infrastructure for denial-of-service attacks;
- hosting material that infringes copyright, depicts child abuse, or otherwise breaches Bulgarian or European Union law;
- distributing malware or operating command-and-control servers.
A confirmed breach may lead to suspension without prior notice, and matters affecting public safety are reported to the competent authorities.
8. Customer Obligations
The Customer is responsible for the security of its access credentials, for keeping the software on its servers up to date, and for backing up its own data. Unless a separate backup service is purchased, backup remains the Customer’s responsibility. The Customer is the data controller in respect of personal data it processes; TSBG Hosting Ltd. acts as processor in respect of that data.
9. Limitation of Liability
The total liability of TSBG Hosting Ltd. shall not exceed the fees paid for the service concerned in the twelve months preceding the event giving rise to the claim. Indirect loss, loss of profit, loss of business and loss of data are excluded. These limits do not apply to wilful misconduct, gross negligence, personal injury, or where consumer law does not permit them.
10. Personal Data
Personal data is processed under Regulation (EU) 2016/679 (GDPR) and the Bulgarian Personal Data Protection Act. Details are set out in the Privacy Policy. A separate data processing agreement under Article 28 GDPR is concluded on request.
11. Intellectual Property
Intellectual property in the customer panel, the management tooling and the site content belongs to TSBG Hosting Ltd.. Rights in the data and software the Customer places on its servers remain with the Customer.
12. Termination and Return of Data
Either party may terminate by giving at least seven days’ notice before the end of a billing period. On termination, prepaid and unused fees are refunded pro rata, excluding setup fees. The Customer may request a copy of its data within fourteen days of termination; after that period the data is permanently deleted.
13. Force Majeure
Neither party is liable for delay or failure to perform caused by events beyond its control, including natural disaster, war, acts of terrorism, general strike, decisions of public authorities, and grid-level power or carrier outages.
14. Changes
Material changes to these terms are notified by e-mail at least thirty days before they take effect. The Customer may terminate the contract free of charge within that period.
15. Governing Law and Disputes
This agreement is governed by the law of the Republic of Bulgaria. The courts of Sofia have jurisdiction; consumers retain the right to bring proceedings before the courts of their place of residence. Consumers may also use the European Commission’s online dispute resolution platform at ec.europa.eu/consumers/odr.
16. Contact
TSBG Hosting Ltd. — ul. "Racho Dimchev" 8, 1000 Sofia, Bulgaria — noc@bgdatacenter.com