Terms and Conditions

1. In the Agreement:

   • "Agreement" – Any agreement between us and the Client whereby hosting and related services are provided, including all appendices and accompanying annexes;

   • "Business Day" – Any day other than an official holiday or non-working day in Bulgaria;

   • "Business Hours" – The time between 09:00 and 17:00 hours on a Business Day;

   • "Fees" – The amounts owed by the Client to the Company according to or in connection with the Agreement (as specified in the Registration Form);

   • "Company" – ACTIEFHOST LTD (UIC 208112896 and VAT number BG208112896), with registered office at Aleya Alen Mak No. 9, entrance 1, floor 3, apt. 5, Ruse, Bulgaria and Guido Gezellelaan 39, 8800 Roeselare, Belgium;

   • "Supervisory Authorities"

     1. Commission for Consumer Protection
        Address: 1000 Sofia, Slaveykov Square No. 4A, floors 3, 4 and 6,
        tel.: 02 / 980 25 24
        fax: 02 / 988 42 18
        hotline: 0700 111 22
        Website: www.kzp.bg

     2. Personal Data Protection Commission
        Address: Sofia, Ivan Evstatiev Geshov Street No. 15,
        tel.: (02) 940 20 46
        fax: (02) 940 36 40
        Email: [email protected], [email protected]
        Website: www.cpdp.bg
   • "Confidential Information" means:

     1. information provided by one party to the other (whether in writing, orally or otherwise) that is designated or reasonably understood as "confidential";

     2. Information contained in the documents specified in the Registration Form;

   • "Control" – The legal power to exercise (directly or indirectly) control over the management of an organization ("Controlled" shall be interpreted accordingly);

   • "Client" – The client who uses the Services under the Agreement, as specified in the Registration Form;

   • "Start Date" – The date on which the Agreement enters into force according to Clause 2.3;

   • "Force Majeure" – An event or series of events beyond the reasonable control of the affected party (including internet issues, hacker attacks, viruses, power outages, labor disputes with third parties, legislative changes, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

   • "Hosted Materials" – All websites, web applications, software, information, data, databases and other materials stored, transmitted, published or processed through the Services;

   • "Intellectual Property Rights" – All intellectual property rights worldwide, whether registered or not, including all applications or rights for registration (including copyrights, related rights, moral rights, trademarks, patents, trade secrets, domains, designs, etc.);

   • "Personal Data" – Same meaning as in the General Data Protection Regulation of the Republic of Bulgaria;

   • "Prohibited Content" means:

     1. content that violates applicable laws or rights of third parties, or may lead to legal action against the Company, Client or third parties;

     2. pornographic or indecent content;

     3. messages or communications that are offensive, obscene, harassing, or constitute spam or unwanted bulk mail;

   • "Registration Form" – The form on the Company's website through which users register as Clients;

   • "Resources" – The resources specified in the Registration Form;

   • "Services" – The services provided under the Agreement, including shared hosting, dedicated hosting, email services, domain services and/or SSL services, as specified in the Registration Form;

   • "Start Date" – The date specified as such in the Registration Form;

   • "Term" – The duration of the Agreement;

   • "Year" – A period of 365 days (or 366 if February 29 is present) starting from the Start Date or its anniversaries.
2. In the Agreement, reference to a law or regulatory act refers to:

   1. that law or regulatory act, as amended, consolidated and/or revised from time to time; and

   2. secondary legislation adopted under it.

3. When interpreting the Agreement, the following rules should be considered:

   • the singular includes the plural, and vice versa;

   • reference to a person includes a legal entity or organization;

   • clause headings are for guidance only and are not part of the content of the Agreement.

What this means This section defines important terms used in the agreement, such as "business hours", "client" and "services". It clarifies who we are, what services we offer and what is considered confidential or prohibited information. It also explains concepts like fees, the start date of the agreement and special circumstances like "force majeure" (unforeseen events beyond our control, such as natural disasters or internet problems). The definitions help all parties understand the content of the document.

1. To become a client, the candidate must complete and submit a registration form.

2. If the candidate makes errors when completing the form, they can be discovered and corrected before submitting it, using the "back" button in the browser for editing.

3. This contract enters into force when the Company sends a confirmation email to the Client after receiving a fully completed registration form.

4. The contract remains in force until terminated according to clause 19.

5. Resellers of our services are responsible for ensuring their clients also comply with the terms and do not abuse our services.

What this means To become a client, you must complete a registration form. If you make mistakes, you can correct them before submitting. The contract enters into force when you receive a confirmation email and is valid until terminated according to section 19. If you resell our services, you must ensure your clients also follow the rules.

1. The Company will provide the Services on or before the start date.

2. At the Client's request, the Company will:

   1. if Client websites are hosted on our test servers – transfer them from there;

   2. make reasonable efforts to assist in transferring websites from another hosting provider.

What this means The Company will ensure services are active on or before the agreed start date. If the client requests, we will:

- transfer their site from our development server;
- or help with transferring from another hosting provider.

1. This clause 4 applies when the Company provides shared hosting to the Client.

2. The Company will provide access to a shared server with characteristics described on the website.

3. The Company will provide the Client the ability to access, modify or update their files via FTP, SSH or DirectAdmin panel.

4. The Client does not have administrator rights on the shared server, and the Company has the right to refuse configuration changes at its discretion.

5. Fees for shared hosting are specified in the registration form or are agreed separately between the Company and Client.

What this means This section applies when we offer shared hosting. We provide access to a server according to the specifications listed on the website. The client can manage their files via FTP, SSH or the panel. They don't have administrator rights and we don't guarantee we'll fulfill requests for server changes. The price is listed in the form or agreed separately.

1. This clause 5 applies when the Company provides the Client with a dedicated server.

2. The Company will provide a server for exclusive use by the Client, meeting the specifications in the registration form, as well as administrator access.

3. The Client agrees that the Company will not provide assistance with server administration and guarantees they possess the necessary knowledge for configuration, management and security of the server.

4. The Company periodically performs maintenance and updates, including those related to technological development.

5. The dedicated servers provided under this contract remain the property of the Company at all times.

6. Fees for dedicated servers are described in the registration form or are agreed separately between both parties.

What this means This section relates to providing a dedicated server. The client gets a server exclusively for themselves and full administrator access. The Company doesn't provide management support – the client must have the necessary knowledge themselves. We perform hardware maintenance when needed. The server remains our property. Prices are agreed or described in the form.

1. This clause 6 applies when the Company agrees to provide the Client with email sending, storage and/or management services.

2. The Company will provide POP3/IMAP and webmail services to the Client upon request.

3. If the Client or a mailbox exceeds the corresponding storage limit defined on the website, the Company has the right to delete stored emails to return the Client or mailbox within the limit.

What this means This part applies if we offer email services like sending, storing and managing electronic mail. We can provide POP3/IMAP and webmail if the client requests it. If the storage limit for a mailbox is exceeded, we have the right to delete emails to return within the allowed space.

1. Provided that the applicable fees are paid in advance, the Company will attempt to register the domain names that the Client orders through the interface of the Actiefhost website, but does not guarantee that this will always be possible. Domain orders are subject to the terms of this Clause 7.

2. Fees related to domain registration are non-refundable.

3. Domain name registration is subject to periodic renewal and transfer fees as periodically specified on the Actiefhost website.

4. The Client guarantees that the information submitted for domain registration purposes is current, accurate and complete, that they have the legal right to claim and use the domain name and that the use of the domain name will not violate intellectual property rights or other legal rights of third parties.

5. The Client undertakes to keep the information necessary for domain registration current (additional fees may be due for changes).

6. The Client accepts that certain information submitted for domain registration will be published online through "WHOIS" services.

7. The Company has the right at its discretion to refuse registration of a specific domain name.

8. The Company does not provide advice regarding actual or potential domain name disputes and bears no responsibility for stopping or loss of a domain by the Client as a result of arbitration proceedings or litigation regarding the domain.

9. The Company bears no responsibility for the use or maintenance of a domain name by the Client after its registration, with the Client being responsible for timely renewal and payment of the corresponding fees.

10. The Client acknowledges that domain names are subject to the rules and policies of the relevant registry or registration authority, and agrees to comply with them.

11. The fees due for domain services are specified in the Registration Form.

12. The registration terms of the registries and domain extensions available on this website are for informational purposes only. Official versions of the registration terms can be requested from us or are available on the registry websites:

    • Terms and conditions for .be domains
    • Terms and conditions for .eu domains
    • Terms and conditions for .nl domains
    • Terms and conditions for .fr domains
    • Terms and conditions for generic domains

What this means This part relates to domain name registration. We will try to register domains ordered by the client through the Actiefhost website, but we cannot guarantee this will always be successful. Registration fees are non-refundable, and there are periodic fees for renewal and transfer. The client must provide accurate and current information and agrees that some of this information will be publicly accessible through WHOIS. We can refuse registration and bear no responsibility for legal disputes related to domains. The client is responsible for renewal and payment of fees. Domains are subject to the rules of the relevant registry and the client is obliged to comply with them.

1. Provided that payment of applicable fees is made in advance, the Company will attempt to provide SSL certificates that the Client orders through the interface of the Company's website. SSL certificate orders are subject to the terms of this Clause 8.

2. SSL certificate fees are non-refundable.

3. SSL certificates are subject to periodic fees that are periodically specified on the Company's website.

4. The Client guarantees that the information submitted for SSL certificate purposes is current, accurate and complete.

5. The Client undertakes to keep the information necessary for SSL certificate purposes updated.

6. The fees due for SSL certificates will be as specified in the Registration Form.

What this means This part relates to SSL certificates. We try to provide SSL certificates that the client orders through our website, but fees are non-refundable. There are periodic fees for SSL certificates as specified on our website. The client must ensure that the information submitted for SSL certificate application is accurate and updated, and fees are specified in the registration form.

1. The Client must submit all support requests through the help center, with all such requests containing at least the following information: account username, affected domain and contact email address.

2. The Company will make reasonable efforts to resolve problems that are reported by the Client.

3. The Company will:

   1. perform backups of hosted content.

   2. make reasonable efforts to ensure timely availability of services.

   3. make reasonable efforts to ensure availability of hosted content and its protection from loss.

4. All Company obligations in connection with hosted content are limited to information provided by the Client. The Company bears no responsibility for loss or damage to hosted content arising from actions or negligence of the Client or a third party.

What this means The client must submit support requests through the help center and provide basic information like username, domain and email address. We will do our best to resolve problems and will perform backups of hosted content. We will also make efforts to keep services available and protect hosted content from loss. Our responsibility is limited to information provided by the client, and we bear no responsibility for losses or damage caused by the client or third parties.

1. The Client may not use the Services for:

2. hosting, storing, sending, transmitting or processing prohibited content;

3. illegal, fraudulent purposes or those that violate the rights of third parties;

4. in a way that would put the Company in breach of contractual or other obligations to an internet provider.

5. The Client acknowledges that the Company does not claim to monitor the content of Hosted Materials or the use of Services.

6. When the Company reasonably suspects that any provision of this Clause 10 has been violated, the Company may:

7. remove or modify the relevant Hosted Materials; and/or

8. terminate some or all Services and/or the Client's access to some or all Services while investigating the case.

9. Violation of this Clause 10 by the Client is considered a material breach.

What this means This part relates to acceptable use of services. The client cannot use services for prohibited or illegal activities or activities that violate the rights of other persons. We don't actively monitor the content of hosted materials. If we have suspicions that these rules are violated, we can remove the relevant content or suspend services. Violating these rules is considered a serious breach of the agreement.

1. The Client pays us the fees for Services as specified in the Order Form. Due periodic fees are billed before each period, with the billing period specified in the Order Form. Setup fees, installation and one-time fees are billed in advance.

2. The Client will pay the Fees to the Company on an invoice issued in accordance with Clause 11.1.

3. All fees specified in or in connection with the Contract are exclusive of VAT, unless the context requires otherwise.

4. Fees must be paid by debit or credit card, bank transfer or check (using payment details that the Company provides to the Client from time to time).

5. The Company may change fees by notifying the Client at least 30 days in advance of the change, which may take effect after the end of the Minimum contract term.

What this means The client pays fees for services as specified in the order form. Regular fees are billed in advance, and setup or one-time fees are also charged in advance. All fees are exclusive of VAT unless stated otherwise. Payment can be made via bank transfer, credit card, debit card or check. We can change fees but will notify the client at least 30 days in advance.

1. The Client warrants to the Company that they have the right and capacity to enter into the Contract and to fulfill their obligations under it.

2. The Company warrants to the Client:

3. that it has the right and capacity to enter into the Contract and to fulfill its obligations under it; and

4. that it will fulfill its obligations under the Contract with reasonable care and skill.

5. All obligations and responsibilities of the parties related to the subject of the Contract are expressly stated in the terms of the Contract. To the extent permitted by applicable law, no other terms related to the subject of the Contract are implied in the Contract itself or in related agreements.

What this means The client and company warrant that they have the right to enter into the contract and fulfill their obligations. The company also promises it will perform its tasks with care. All obligations are clearly stated in the contract and no other terms are implied.

1. The Client releases the Company from all obligations and undertakes to indemnify the Company for all liabilities, losses, costs and expenses (including legal costs and amounts paid on advice for settling legal actions) arising from or in connection with:

2. any breach by the Client of any provision of the Contract; and

3. any activity on, or any security breach of, the Client's dedicated server.

What this means The client protects the company from any damages and costs that arise from contract breaches or security problems with the client's dedicated server. This includes legal costs that may arise from lawsuits.

1. Nothing in the Contract will:

2. limit or exclude liability of either party for death or personal injury resulting from negligence;

3. limit or exclude liability of either party for fraud or fraudulent misrepresentation by that party;

4. limit liability of either party in a way that is not permitted by applicable law; or

5. exclude liability of either party that cannot be excluded under applicable law.

6. The liability limitations and exclusions specified in this Clause 16 and elsewhere in the Contract:

7. are subject to Clause 14.1;

8. govern all liabilities arising from the Contract or in connection with the subject of the Contract, including liabilities arising from contract, tort (including negligence) and breach of statutory duties;

9. The Company is not liable for loss of profit, revenue, turnover, use, production or expected savings.

10. The Company is not liable for loss of business opportunities, contracts or commercial opportunities.

11. The Company is not liable for loss or damage to goodwill or reputation.

12. The Company is not liable for loss or corruption of data, databases or software.

13. The Company is not liable for special, indirect or consequential damages.

14. The Company is not liable for losses arising from a force majeure event.

What this means This section specifies that the company is not liable for certain types of damages or losses, such as loss of profit or reputation, and is not responsible for indirect damages or problems caused by force majeure. However, liability cannot be limited for things like death due to negligence or fraud.

1. The Client warrants that they have the legal right to disclose all Personal Data they provide to the Company within the Contract, and that processing of such Personal Data by the Company for the purposes of the Contract and in accordance with the terms of the Contract will not violate applicable law (including the General Data Protection Regulation (GDPR) and the Personal Data Protection Act of 2018).

2. Processing of all data is subject to our standard "Privacy Policy", which is also part of this contract. Our obligations to you regarding your data and your rights concerning it are set out in these documents and are not addressed here.

What this means In this part the client confirms they have the right to share personal data with the company. The company processes this data according to the law, including GDPR. Data processing is subject to the company's Data Protection and Privacy Policy, which is also part of the contract. The company's specific responsibilities regarding data and the client's rights are outlined in these documents.

1. Each party will keep confidential information of the other party confidential and will not disclose it unless expressly permitted in this Clause 16.

2. Each party will protect the confidentiality of the other party's confidential information through at least reasonable security measures.

3. Confidential information of one party may be disclosed to employees and professional consultants of the other party, provided that each recipient is legally obligated to protect the confidentiality of such information.

4. These confidentiality obligations do not apply to confidential information that:

5. is published or known to the public (unless as a result of breach of contract);

6. is known to the receiving party and the receiving party can prove it was known before disclosure by the other party; or

7. must be disclosed according to law or by order (binding on the relevant party) from a competent authority, regulatory body or exchange.

What this means This part describes that each party must keep confidential information of the other party secret and not disclose it, unless expressly permitted. Each party must take reasonable security measures to protect this information. Confidential information may be shared with employees and consultants, but only if they are also obligated to keep it secret. Confidentiality obligations don't apply to information that is already public, known to the receiving party, or that must be disclosed by law.

1. Either party may terminate the Agreement at any time through written notice to the other party.

2. Either party may terminate the Agreement immediately through written notice to the other party if the other party:

3. commits a material breach of any terms of the Agreement and:

4. the breach cannot be remedied; or

5. the breach can be remedied, but the other party does not remedy the breach within 10 days after receiving written notice requiring remedy; or

6. is unable to pay in full and on time the amounts due under the Agreement.

7. Either party may terminate the Agreement immediately through written notice to the other party if:

8. the other party:

   1. is dissolved;

   2. ceases to carry on all (or substantially all) of its business activities;

   3. is unable to pay its obligations when they become due;

   4. is insolvent or is declared insolvent; or

   5. convenes a meeting or proposes an arrangement or composition with its creditors;

9. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed for the assets of the other party;

10. a court order is issued for liquidation of the other party, or the other party adopts a resolution for liquidation (except for purposes of financial reorganization, where the resulting company will assume all obligations of the other party under the Agreement);

11. (when the other party is an individual) if that person dies, or due to illness or incapacity is unable to manage their affairs, or is subject to a petition or order for bankruptcy.

What this means Either party may terminate the Agreement at any time through written notice to the other party. The party may terminate the Agreement immediately if the other party commits a material breach and doesn't remedy it within 10 days, or if they cannot pay their obligations on time. Additionally, if the other party is dissolved, ceases business, cannot pay obligations or is insolvent, the Agreement can also be terminated.

1. Termination of the Agreement will not affect the acquired rights of both parties (including the right to payment) as of the termination date.

2. If the Agreement is terminated based on Provision 17.1 or by the Client based on Provision 17.2 or 17.3 (but not in other cases):

3. The Company will provide the Client with a prompt electronic copy of Hosted Materials;

4. The Company will provide reasonable assistance that the Client requests to transfer hosting of Hosted Materials to the Client or another provider, provided that the Client pays the Company's reasonable costs;

5. If the Client wishes to exercise their right of withdrawal, they must notify Actiefhost in writing within the above-mentioned period. Actiefhost will refund to the Client all received payments and delivery costs within 14 days, through the same payment method used by the Client, provided that all goods are returned unused. The costs of returning goods are at the Client's expense.

What this means Upon termination of the Agreement, the acquired rights of both parties, including the right to payment, remain unchanged as of the termination date. If the Agreement is terminated according to Provision 17.1 or by the Client according to Provision 17.2 or 17.3 (but not in other cases), the Company will provide the Client with a prompt electronic copy of Hosted Materials and will provide reasonable assistance for transferring hosting to the Client or another provider, provided that the Client covers the Company's reasonable costs. The Client has no right to cost reimbursement upon termination and remains obligated to pay them to the Company.

1. Termination of the Agreement will not affect the acquired rights of both parties (including the right to payment) as of the termination date.

2. If the Agreement is terminated based on Provision 17.1 or by the Client based on Provision 17.2 or 17.3 (but not in other cases):

3. The Company will provide the Client with a prompt electronic copy of Hosted Materials;

4. The Company will provide reasonable assistance that the Client requests to transfer hosting of Hosted Materials to the Client or another provider, provided that the Client pays the Company's reasonable costs;

5. If the Client wishes to exercise their right of withdrawal, they must notify Actiefhost in writing within the above-mentioned period. Actiefhost will refund to the Client all received payments and delivery costs within 14 days, through the same payment method used by the Client, provided that all goods are returned unused. The costs of returning goods are at the Client's expense.

What this means Upon termination of the Agreement, the acquired rights of both parties, including the right to payment, remain unchanged as of the termination date. If the Agreement is terminated according to Provision 17.1 or by the Client according to Provision 17.2 or 17.3 (but not in other cases), the Company will provide the Client with a prompt electronic copy of Hosted Materials and will provide reasonable assistance for transferring hosting to the Client or another provider, provided that the Client covers the Company's reasonable costs. The Client has no right to cost reimbursement upon termination and remains obligated to pay them to the Company.