With reference to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and cancellation of Directive 95/46 / EC (General Data Protection Regulation), we notify you that „Remida - 2018“ Ltd., UIC 205386322 maintains the complete confidentiality of the personal data you provide us. They are used only for the fulfillment of our contractual obligations with you, which correspond to the subject of the Company's activity.
In order to meet the objectives of the regulation, we have taken the following steps:
• We have updated our General Terms and provided it to each of our customers.
If you have any questions regarding the processing of your personal data or wish to exercise your right of access, correction and deletion, please contact us at: [email protected]
The team of „Remida - 2018“ Ltd., UIC 205386322
Art.1.Present General Terms are intended for regulationof the relationship between "Remida - 2018" Ltd., UIC 205386322, with headquarters and address of management: Sofia, j.k. Drujba, bl. 415, ap.33, represented by Daniel Colov, hereinafter in this agreement calledOPERATORand clientswho hereinafter in this agreement will be called
CLIENTSon a platform which provide a banner making serviceMadPixi.com
Art. 2. (1) These General Termsare compulsory for all platform users
(2) Every PLATFORM using by the CLIENTS means that they are familiar with these general terms and are agree to follow them.
II INFORMATION ABOUT PLATFORM’S OPERATOR
Art 3. Information according the Law for online trade and the Law for users’ protection.
1. Operator’s name: "Remida - 2018" Ltd., UIC 205386322
2. Seat and register address: Sofia, j.k. Drujba, bl. 415, ap.33
3. Date for correspondence: Sofia, j.k. Drujba, bl. 415, ap.33
e-mail: [email protected]
III. DETERMINATION OF TERMS
"PLATFORM" –platform for providing banner making service MadPixi.com; issite, based in Internet area, which allows to create individual account, thanks to special developed software for the needs of the platform for everyCLIENT.
"ACCOUNT" - specially created for each registered CLIENTthrough which the CLIENT has access to PLATFORM and can make banner orders, and once the OPERATOR performs them, the CLIENTcan withdraw the finished product.
"OPERATOR" - a legal person that administers PLATFORM and provides an opportunity for CLIENTS to order through it.
"CLIENT / CLIENT-User" - A natural or legal person who is thewarrantor, user and final buyer of the banners / services produced / offeredbythePLATFORM.
IV. PLATFORM’S CHARACTERISTICS
Art. 4. At web site WWW.MADPIXI.COM, the OPERATOR maintains a web-based banner development platform, hereinafterin this agreement called the PLATFORM, through which the OPERATOR provides to CUSTOMERS opportunity to:
(a) do registration and profile creating
(b) to sign contracts with the OPERATOR to produce banners according to prices and conditions of the PLATFORM;
(c) do any payments, connected with signed contractions, through the PLATFORM, including online payment.
(d) to receive information for new products and services offered by the OPERATOR of the PLATFORM;
(e) do online statements, connected with signing or realization of contractions with OPERATOR of the PLATFORM.
(f) tobe informed for the rights, coming from the Law, mostly through the interface of the PLATFORM.
(g) use their right to refuse, according the common conditions and when it is possible, according to the Law for users’ protection.
(h) return up to 2 times free of charge for any additional banner orders they have made.
Art. 5(1) Clients sign a contraction with the OPERATOR in the PLATFORM for service performing. The contract is signed in Bulgarian language and it is saved in the PLATFORM , in data base of the OPERATOR.
(2) According to the signed contraction with the CLIENTS for sell-trade of goods, the OPERATOR in the PLATFORM organize providing of goods and guarantee the rights of the CLIENTS, according to the law. CLIENTS have the right to correct any mistakes in leading information, by the period of announcement for signing the contract.
(3) CLIENTS pay PLATFOM’S OPERATOR a fee for the provided services in amount of announces in the PLATFORM price of it.
Art. 6. (1)the CLIENT and the OPERATOR in the PLATFORM are agree with all the announcements between them, connected with signing the sell-trade contract, could be done online or through online statements according to the Law of Electronic document and signature and part 11. from the Law of online trade.
(2) All online statements, done by the CLIENTS of the sites, are written by people, pointed in information given by the CLIENTS when the registration was made if the CLIENT have name and password for access.
V. REGISTRATION FOR PLATFORM USING
Art. 7. (1)Тo use the PLATFORM, the CLIENT must insert a chosen by themselves an e-mail and a password for any connection, or make a registration as a new CLIENT, which confirm that they accept these general terms, as well as the conditions for the use of discounts and promotions. If the client does not have a registered account in the order process, the system will automatically create one.
If the client does not agree to these terms, he / she can not use PLATFORM.
(2) PLATFORM’S OPERATOR confirm that the registration is done by the CLIENT, through sending a letter to the CLIENT’S e-mail address.
(3) When the CLIENT do the registration, they are obligated to give accurate information about themselves and to inform the PLATFORM OPERATOR for any changes.
VI. SERVICE OFFER
Art. 8. (1) The banner service provided to PLATFORMA is offered on behalf of the OPERATOR.
(2) By performing the service, the OPERATOR does not guarantee the identity between the received final product and the initial wish or idea of the CLIENT.
(3) By performing the service, the OPERATOR does not engage with copyrights of the resulting final product. The OPERATOR executes the orders according to the client's order with their materials and / or with free pictures from Internet. The responsibility of where the banners will be used and whether or not some copyrights are violated is on the client who made the order.
(4) The OPERATOR does not provide working files to the banners, but only the final ready-to-use product.
(5) The OPERATOR shall not be liable for any infringement of third party's copyright, for the use in the final product of his service, photographs, text and other materials provided or ordered by the CLIENT.
(6) The use of the banners produced by the OPERATOR, as well as all consequential consequences, is entirely at the expense of the CLIENT.
(7) The OPERATOR does not commit to achievements or lack thereof in using the banners he has made.
(8) The OPERATOR does not make print files, logos, animated banners and does not offer any other graphic services, besides making standard .jpg banners (and removing backgrounds from images, when needed).
(9) By providing the service through PLATFORM, the OPERATOR provides mass access to it by determining: type of service, term and price. Any other arrangements are determined solely by the OPERATOR.
(10)On the PLATFORM is not allowed to do auctions, biddings and any other negotiations connected with the signing of the contract which aim is to change, shown on the site prices and services.
(11) OPERATOR give some documents for selling goods by their own name.
(12) OPERATOR do not provide work files to the banners, only the final ready-to-use product.
VII. APPLICATION FOR BUYING GOODS OR SERVICES
Art. 9. (1) Each able person(registration of users under the age of 18 is not allowed) can make an order for buying goods or services, which is trade through the PLATFORM
(2) The order is made online. It must contains announcement about goods’ pointing and accepting of declared price. The offer is official at the moment of its disposal in online system of the platform.
(3) Accepting the order by the OPERATOR is certificated by an online text message.
(4) There are not accepted orders for services, which:
- is not traded on the platform
- is not according to the active standards and requirements
(5) There are not accepted orders, which:
- are given from miners and under-aged
- for leasing way of payment, or other way of delayed transfer goods’ ownership.
VIII.DEPOSING OF THE ORDERS FOR BUYING GOODS.RESULTS.
Art 10. (1) Order must be given by the CLIENT and accepted by the OPERATOR of the PLATFORM.
(2) After giving the order, the OPERATOR is obligated to control the delivery of the service, in accordance with the customer's assignment.
IX. TECHNICAL PHASES TO SIGN A SERVICE CONTRACT
Art. 11. CLIENTS use the interface of the PLATFORM to signservice contracts for the offered on the PLATFORM services by the OPERATOR.
Art12. CLIENTS sign the sell-trade contract for goods on the PLATFORM by the following procedure:
12.1 If the CLIENTS do not have, they have to make a registration on the PLATFORM or to present all the necessary information.
12.2 Entering the PLATFORM for doing orders through identify with user name and password.
12.3 Choosing one or more offered by the OPERATORcredit service packets in the PLATFORM and adding them in the virtual shopping basket.
12.4 Choosing the right way for paying the price. PLATFORM uses PayPal and SafeCharge
12.5With thepurchased service credits, theCLIENT makes requests for banner making by the PLATFORMOPERATOR;
12.6Acceptance of the order by the OPERATOR, and after its execution, approval of the finished product by the client is required to complete the order.
X. SUBJECT OF THE CONTRACT
Art. 13. (1) The PLATFORM OPERATOR accepts CLIENT S ' banners requests and after their execution, CLIENT's approval of the finished product is required to complete the request.
(2) The rights of the CLIENTS which are connected with delivered services are practiced separately for every service contract. Practicing the rights which are connected with executed servicedo not affect and there is no influence over the contracts for other services.
Art. 14. CLIENT pay the price in credits for each service contract at once when the order is done.
XI. SPECIAL CLAUSES WHICH CONCERN PEOPLE, WHO ARE CONSIDERED AS USERS
Art. 15.Rules of the present section XII of these general terms can be applied only to CLIENTS –Users, who according to given information for signing the see-trade contract, or when the registration is done, can be considered as users according to the Law of users’ protection or the Law for online trade and on Directive 2011/83/EC of European parliament and on Council from 26.10.2011.
Art. 16. (1) Basic characteristics of the services which are offered by the OPERATTOR in the PLATFORM are defined in the profile of any service.
(2) The price of the service with all included duties and taxes, is defined by the relevant OPERATOR in the profile of any service in the PLATFORM.
(3) The way of payment, delivery and execution of the contract are determined in present general terms and through the information, given to the CLIENT-Users according mechanisms in the PLATFORM and a virtual account, created on the site.
(5) Information provided to the CLIENTS-users on this part is actual by the moment of its visualization on the PLATFORM, before signing the service contract.
(6) CLIENTS-Users are agreed, that all required by the law of users’ protection information can be presented through the interface of the PLATFORM or an e-mail.
Art. 17. (1) CLIENTS-Users are agreed, that OPERATOR in the PLATFORM have the right to take a payment in advancein the form of purchase of credits for signed with the CLIENTS –Users service contracts.
(2) In case that the value of the order is equal or is more than 15000 lv., the payment can be done only by bank transfer, or on the OPERATOR’S account.
Art 18. (1) CLIENTS- Users have the right to refuse the signed contract without any penalty or any reason, but only if the made order is with “NEW” status and the OPERATORhas not begun its implementation.All this can be done directly through the PLATFORM or a blank for refusal, which is on the site of the OPERATOR on the PLATFORM and it can be found in Application № 1 in present general terms.
(2) When the order is made and the OPERATOR started it, the CLIENTcan not cancel it, but he can return it up to 2 times for further corrections.
(3) If the CLIENT does not approve or does not return an order completion within 72 hours, the system automatically approves it.
(4) As soon as the CLIENT-User exercises his/her right of withdrawal to the order made with the status "New", the blocked credits on this order will be released and will be added automatically to the available credits of the user.
(5) CLIENT-User has the obligation to export his banners provided by the operator service on his / her carrier. The PLATFORM guarantees the storage of the banners of each order made within 1 (one) month of its completion. After this period, the banners will not be deleted immediately but periodically the servers will be uploaded, so the OPERATOR of the PLATFORM reservestheir right to delete all banners in the orders older than 1 month.
(6) CLIENT-User can take the their right to refuse the contract with the OPERATOR by sending a written announcement to the OPERATOR trough a standard procedure for refusal of the contract. This procedure can be found on the site of the platform and it is described in Application 1 to the present general terms or through the cancel button for each order.
Art 19 (1) The term for performing a service is determined for any service/product or order separately, when the contract is signed with CLIENT-User through the PLATFORM.
(2) In case that the OPERATOR on the PLATFORM do not fix a term, the performing of the service will be done up to 30 (thirty) days, from the date of acceptance of the order from OPERATOR.
(3) If the OPERATOR on the PLATFORM can not fulfill the contract, they are required to inform the CLIENT –User and to restore all amounts which are paid.
XII. PURSUANCE OF THE CONTRACT
Art 20. (1) OPERATOR can organize the delivery of the service to the CLIENT in the period of time which is determined in the contract.
(2) If the term in paragraph 1 is not explicitly mentioned between two sides of the contact, OPERATOR organize the delivery of the service in reasonable term, but not later than 30 /thirty/ working days
(3) In any cases OPERATOR of the platform have the right to require payment in advance for the orders made from CLIENT.
Art. 21. When the CLIENT makes a registration of Order on the site, they declare their wish to receive this service/product by payment.
Art 22. (1) The CLIENT has to approve the order made by the OPERATOR within 72 hours of its completion and after that period the PLATFORM will automatically mark the order as approved.
(2) If the executedorder does not meet the CLIENT’S requirements, they has the right to return it up to 2 times for further corrections
(3) If the CLIENTdo not inform the OPERATOR according to paragraph 2, the service is considered as approved.
Art.23. For unsettled cases in this section, will be enforce the law for business selling, defined in the Commercial Law.
XIII PROTECTION OF PERSONAL DATA
Art 24. (1) OPERATOR of the PLATFORM, takes measures for protection of personal data of the CLIENTS, according to the Law for protection of personal data.
(2) For security of the CLIENTS’ personal data, the OPERATOR on the PLATFORM send data only by an e-mail, which is given by the CLIENT in their registration.
(3) OPERATOR of the PLATFORM have the right to keep in safe the data in the final announcing system of the CLIENTS, except if there is a refusal from the CLIENTS.
(4) CLIENTS and CLIENTS-Users are agreed that the OPERATOR on the PLATFORM have the right to collect, safe and process the data about their behavior when they use the PLATFORM, and if it is necessary, to give them to people who are responsible for service deliveries, according the process described in art.5,6,7 of present general terms.
Art 25. (1) At any moment, OPERATOR of the PLATFORM have the right to require from CLIENTS and CLIENTS-Users to establish and certify announced in the registration circumstances and personal data.
(2) In case that the CLIENT or the CLIENT-User forget or lose their user name and password, they have the right to apply the procedure “Forgotten Password” which is accessible in the PLATFORM.
XIV. ADVERTISEMENTS AND BULLETIN
Art. 26. (1) CLIENTS are agreed that the PLATFORM have the right to send at any time some online text messages to them, including an online bulletin with proposals for selling goods or services, as long as there is an agreement for receiving.
(1.1) At the moment when the CLIENT create a registration on the PLATFORM, there is a chance to express their agreement for receiving bulletin.
(1.2) An agreement for receiving bulletin can be changed at any time.
(1.3) If the CLIENT want to draw back their agreement, they have to use a procedure, which is accessible from a special link in any bulletin.
(1.4) Refusal for receiving a bulletin, do not mean automatic refuse from given agreement for signing of the present contract.
(2) The OPERATORhas the right to enter into contracts with AFFILIATE PLATFORMS to advertise the PLATFORM.
(3) The OPERATOR does not provide their CLIENT data to third parties with for the purpose of distributing advertisements and bulletins.
(4) The OPERATOR is not responsible for the ways of advertising that AFFILIATE PLATFORMS use, including the distribution of advertising messages / bulletins
(5) CLIENTS are aware that the operator can not control and can notbe responsible for the work of AFFILIATE PLATFORMS and their partners.
XV. CHANGE AND ACCESS TO GENERAL TERMS
Art. 27. (1) General terms can be changed one-sided by the OPERATOR at any time, through their updating. These changes come into operation immediately and they are compulsory for all CLIENTS and CLIENTS-Users.
(2) OPERATOR have the right to make changes of conditions for using at any time, by their own discretion or if they are lay down by some normative statement. It is possible these changes to have a retroactive effect to delivered and confirmed orders.
Art. 28. (1) OPERATOR of the PLATFORM have to inform, in appropriate way, all CLIENTS who are registered, if there are any changes in present General terms.
(2) OPERATOR of the PLATFORM and the CLIENTS are agreed that any changes and additions of present general terms, will have an effect to the CLIENT, after their publishing on the site of the OPERATOR on the PLATFORM and if the CLIENT do not claim a refusal by a period of 14 days from their publishing.
(3) CLIENT is agreed that all statements of the OPERATOR of the PLATFORM, which are connected with the change of present General terms, will be send on a CLIENTS’ e-mail, which is given in their registration. CLIENT is also agreed that e-mails are not necessary to be signed with digital signature to be effected to them.
Art.29. OPERATOR of the PLATFORM publish present general terms on this address: WWW.MADPIXI.COM, altogether with any changes and additions in them.
XVI. TERMINATION OF A CONTRACT
Art 30. Present general terms and the CLIENTS’ Contract with the OPERATOR can be terminated in these cases:
(a) when one of the sides of the contract is proclaimed in liquidation or bankrupt
(b) when there is a written mutual agreement
(c) when there is an objective impossibility of one of the sides, to fulfill the contract
(d) when the equipment of one of the sides, is confiscated or sealed by the authorities
(e) in case that the CLIENT delete their registration on the PLATFORM, signed but unfulfilled service contracts are valid and have to be done, only if the OPERATOR find the CLIENT and there is written confirmation of the order.
Art. 31. OPERATOR of the PLATFORM have the right, by their own discretion, to terminate the contract without sending any notification and without any compensation, in case that the OPERATOR find out that the CLIENT use the PLATFORM in violation with present general terms, legislation of Republic of Bulgaria, generally moral norms, rules and practice in online trade.
Art 32. (1) CLIENT is obliged to compensate and to relieve of responsibility the OPERATOR when there are legal claims and other pretention of third person ( no matter if they are lawful or not), for all damages and expenses (including lawyers’ fee and legal costs), which are coming from or in connection with :
(a) default on some of obligations on present contract
(b) breaking author’s and producer’s rights for emission or other rights on intellectual or industrial ownership
(c) Illegal transfer to other people the rights, given to the CLIENT, for the term and conditions of the present contract
(d) false declaring of presence or absence of capacity as user, according to the Law of users’ protection.
(2) CLIENT is obliged to compensate the OPERATOR in case of unscrupulous refuse from the contract.
Art. 33. OPERATOR of the PLATFORM do not take a responsibility in case of irresistible force, accidental event, Internet problems, technical or other objective reasons, including instructions of the authorities.
Art.34. (1) OPERATOR of the PLATFORM do not take a responsibility for damages caused by the CLIENT to third person through the services provided by the OPERATOR.
(2) OPERATOR of the PLATFORM does not take a responsibility for any damages, which are expressed in missed advantages or sustain damages, caused to the CLIENT in the process of using or non using of the PLATFORM and signingservice contracts.
(3) OPERATOR of the PLATFORM does not take a responsibility for the time when the PLATFORM is no available because of irresistible force.
Art. 35. (1) OPERATOR of the PLATFORM does not take a responsibility in case of overcoming of the security of the technical equipment, and if there is waste of information, spread of information, access to information, restrict of the access to information and any other consequences.
(2) OPERATOR of the PLATFORM do not take a responsibility in case of signing a service contract, giving access to information, waste or changing of the data, became in consequence of fake identity from third person, who present themselves as a CLIENT, if the circumstances allow to believe this person is a CLIENT.
Art.36. (1) Responsibility for origin, character and quality of the services, offered through the PLATFORM, is entirely taken by the PROVIDERS.
(2) CLIENTS of the PLATFORM are obligated not to offer to the OPERATORbanners orders with brands if they do not have license or law right for their offering and selling, including copyrights or related to them rights, trade marks, patents or other rights of intellectual ownership, as well as goods which are forbidden for selling in the territory of the European Union.
(3) The CLIENT of the PLATFORM frees the OPERATOR from any liability by their own account tin case of claims by third parties in connection with infringing copyrights or other disturbances caused by the use of banners produced by the OPERATOR on customer's request.
(4) OPERATOR make an effort to keep the accuracy of the information which is presented in the PLATFORM. In spite of this, it is possible to have technical mistakes or omissions in this information. In this case it is possible images of the products to have informative or leading character and delivered goods/services can be different from images, because of the changed characteristics or design.
Art 37. OPERATOR has the right not to deliver part or all goods, or not to fulfill part or all services, because of exhausting of the storage availability or price changing. In all this cases OPERATOR inform the CLIENT through an e-mail or telephone. The only responsibility of the OPERATOR in this case is to return the advanced received amount from the CLIENT, for goods or services.
XVIII. OTHER CONDITIONS
Art 38.. (1) CLIENT and OPERATOR of the PLATFORM are obliged to protect each other their rights and legal interests, as well as to keep their trade secrets, which they are known in the process of fulfilling the contract and present general terms.
(2) CLIENT and OPERATOR of the PLATFORM are obliged during and after termination of the contract not to announce in public any kind of correspondence between them. For public knowledge can be considered any correspondence which is published in printed and electronic media, internet forums, personal or public websites and others.
Art. 39. In case of contradiction between present general terms and arrangements in a special contract between the sides, the clauses of the special contract are priority.
Art. 40. If there is invalidity of some of the orders of the present general terms, it is not leasing to invalidity of the whole contract
Art. 41. Present general terms are mandatory for all users of the PLATFORM.
Art. 42. Any use of the PLATFORM means that the CLIENT has carefully consulted the terms of the provision of personal data and agrees with them unconditionally.
Art. 43. The CLIENT agrees that by providing any personal or other data to the PLATFORM, he agrees that they may be used by the PLATFORM OPERATOR for the following purposes:
(1) Maintaining the CLIENT’S account, including registering orders, sending ordered products, performing the ordered services, invoicing, resolving disputes with customers regarding their Orders or discussing their requests.
(2) The CLIENT agrees to provide the OPERATOR of the PLATFORM handling his / her order with access to all the information he sends for the sole purpose of the specific orders made by him / her.
(3) The OPERATOR collects and processes the data provided by the CLIENT solely in view of specific, explicit and legitimate purposes and does not further process in a way incompatible with those purposes.
(4) The OPERATOR has implemented systems and processes that ensure the data that is collected and stored is minimized and related and limited only to what is necessary to meet the purposes for which it is collected.
(5) The OPERATOR strives to maintaining and storing accurate personal data of the CLIENT, but in the event of inaccuracies, the CLIENT is obligated to provide the correct one.
Art. 44. The parties to the agreement agree that in the event of disputes they will try to find a satisfactory agreement. In the event that this is not achieved, the dispute will be settled by the Sofia Arbitration Court at the Association for the Development of Law in Bulgaria (CACS at the Special Protection Division), in accordance with its Rules for Arbitration Agreements
Art. 45. When purchasing services / products from the PLATFORM, the CLIENT declares that he / she agrees with these general terms, as well as the terms and conditions for the use of discounts and promotional offers.
Art. 46. Present general terms are written in Bulgarian and English and coming into force on 24.10.18. In case of contradiction in the text, the Bulgarian version prevails.
Application №1- Standard blank for the right of refusal
for service providing
Blank for the right of refusal from service providing
To: MADPIXI.COM, e-mail: [email protected]
Hereby I declare that I am giving up my contract to perform the following services:
Number of order: ……………… date:……………received on……………………….
User’s name and surname:……………………
User’s address: ……………………………….
You can use the present standard blank for refusal, but it is not compulsory. You can also fill and send by e-mail the information from the refusal blank or to send a text message, which contains your refusal blank and mentioned in the blank data through the form for contact on the Platform. If you choose this option, we will confirm by e-mail or telephone, receiving the refusal blank.
Any additional information about the procedure of order refusal, you can see on WWW.MADPIXI.COM