These General Terms and Conditions constitute a binding contract between you and Omnilinx. It is important that you understand your responsibilities and the limitations of the services you choose to use. Our services are various and, as a result, additional specific terms and/or requirements may apply to the services or to certain components thereof. If this is the case, these specific conditions and/or requirements must be met in order for you to use the services to the extent you have requested.

Use the Omnilinx Services in good faith and within the limits of the law. Before using the Omnilinx website or our services, please read and accept these General Terms and Conditions.

BY USING ANY PART OF THE OMNILINX WEBSITE OR ANY OF THE OMNILINX SERVICES, YOU AGREE TO BE BOUND BY AND BECOME A PARTY TO THESE GENERAL TERMS AND CONDITIONS. If you are using the Website or the Services on behalf of your employer or any other entity, you represent that you are authorized to accept these General Terms and Conditions on behalf of your employer or that other entity.

The language of these General Terms and Conditions is Bulgarian. This version is a translation from Bulgarian into English. In case of discrepancy between the two versions, the Bulgarian version shall prevail.

GENERAL TERMS AND CONDITIONS

FOR USE OF SERVICES,

OFFERED BY PRICE INTERNATIONAL EOOD

AND AVAILABLE ON THE OMNILINX PLATFORM

of: 29 June 2022

 

1.         GENERAL

 

1.1.         These General Terms and Conditions govern the relationship between PRICE INTERNATIONAL EOOD, herein referred to as Omnilinx, registered in the Commercial Register at the Registry Agency with UIC 131194611, with headquarters and registered address: 1784 Sofia 135, Tsarigradsko Shose blvd. Telephone: +359 875 344 224, e-mail: hello@omnilinx.com, hereinafter referred to as Omnilinx, with the users of Services provided by PRICE INTERNATIONAL EOOD.

1.2.         These General Terms and Conditions are binding on the Customers, which shall be evidenced by the acceptance of the General Terms and Conditions upon registration of a Account on the Omnilinx Platform for the Customer’s subscription to a free plan or by the Customers’ signatures on the Service Agreement, respectively.

1.3.         These General Terms and Conditions constitute a contract between Omnilinx and the Customer for the provision of the Software for use. In the event that a contract for the use of the Software is also signed between Omnilinx and the Customer, these General Terms and Conditions shall form an integral part of the Agreement.

1.4.         These General Terms and Conditions shall govern the rights and obligations of Omnilinx and the Customer. The Customer declares that it has read these General Terms and Conditions. Any act by or on behalf of the Customer constitutes an electronic representation that the Customer has read and agrees to these General Terms and Conditions and is bound by them. Any action by the Customer on the Software constitutes an electronic representation that it is entering into a contract for the provision of services.

1.5.         These General Terms and Conditions govern the Customer’s use of the Services. Customer represents and agrees that acceptance of these General Terms and Conditions in writing is not required and Customer shall be deemed bound by the General Terms and Conditions by virtue of the Services Agreement entered into between the parties and Omnilinx and Customer or upon registration of a Account on the Omnilinx Platform for Customer’s subscription to a free plan.

1.6.         The Customer shall be deemed to have been notified of and be bound by these General Terms and Conditions from the date of registration of an Account on the Omnilinx Platform or the date of signing the Service Agreement.

1.7.         The relationship between the Parties in relation to the use of the Services included in the Free Plan shall be governed by these General Terms and Conditions, and no separate contract need be signed. With respect to the use of the Services included in the Free Plan, the Customer shall be deemed bound by these General Terms and Conditions upon registration of an Account on the Omnilinx Platform.

1.8.         The relationship between the Parties in relation to the use of the Services included in all other plans offered by Omnilinx shall be governed by the Service Agreement entered into between the Parties and these General Terms and Conditions. For cases not covered by the Agreement, the relevant provisions of the General Terms and Conditions shall apply. They shall form an integral part of the Agreement with the Customer and shall be binding on the Parties unless otherwise expressly agreed in the Agreement.

 

 

2. DEFINITIONS

 

2.1.         "Omnilinx" in these General Terms and Conditions means "PRICE INTERNATIONAL" EOOD, herein referred to as Omnilinx, registered in the Commercial Register at the Registry Agency with UIC 131194611, with its headquarters and registered address at: 1784 Sofia 135, Tsarigradsko Shose blvd., mailing address Sofia; 11 Magnaurska Shkola Street, floor 3; Office 304, telephone: +359 875 344 224, e-mail:: hello@omnilinx.com.

2.2.         "Agreement" means the Service Agreement included in the Omnilinx Subscription Plan, signed between Omnilinx and the Customer, together with all annexes, supplemental agreements, addenda and amendments thereto.

2.3.         "Customer" of the Services within the meaning of these General Terms and Conditions means a legal entity using the Services provided by Omnilinx that has registered an Account on the Subscription Platform for a Free Plan or that has signed a Agreement with Omnilinx.

2.4.         "Omnilinx Brands" means the names, trademarks, trade names, logos and symbols that Omnilinx uses to promote and identify the Website, Software, Platform, Services and all incorporated and derivative products and services.

2.5.         "Services" means the services related to the use of the Software that are developed and/or offered by Omnilinx and that are included in the respective subscription plans.

2.6.         "Subscription Plan" means a set of services related to the use of the Software by Customers that are advertised by Omnilinx on the Platform. Each set of services included in a Subscription Plan, except for the set of services included in a Free Plan, may be used by Customers upon execution of a Agreement between the Parties and payment of the applicable price.

2.7.         "Platform" means the internet platform for providing the right to use the Software, accessible via a web browser at: https://app.omnilinx.com.

2.8.         "Licence" means the Software Licence to use the Software granted to the Customer by Omnilinx pursuant to these General Terms and Conditions and/or the Agreement entered into between the Parties.

2.9.         "Account" means the Customer’s account on the Platform through which the Customer and/or a person to whom the Customer has granted access rights accesses the Platform. The Customer may have more than one Account on the Platform, and each Account shall be used by a person to whom the Customer has granted access.

2.10.     "Party" means Omnilinx or the Customer.

2.11.     "Parties" means Omnilinx and the Customer.

2.12.     "End Users" means customers and contractors of the Customer.

2.13.     "Term" means the term specified in the Agreement.

2.14.     "SaaS Model" means a model of providing the use of Software where the Software is made available for use in accordance with these General Terms and Conditions and is hosted by Omnilinx. The Software is accessible by the Customer via a web browser.

2.15.     "Software" means the computer software developed and maintained by Omnilinx and displayed on the Platform.

2.16.     "Website" means the web-based website https://omnilinx.com/.

2.17.     "Third Parties" means all persons, organisations and bodies other than Omnilinx and the Customer.

 

 

3. GENERAL TERMS AND CONDITIONS

 

3.1.         Customer selects the parameters of the Services used by subscribing to a free plan offered by Omnilinx or by entering into a Agreement with Omnilinx for the Subscription Plan selected by Customer. The Customer is entitled to access and use the Services only to the extent selected and agreed. Customer is responsible for the use of the Services by any person accessing the Website, Platform and Services with Customer’s username and password.

3.2.         Omnilinx has the right to change the General Terms and Conditions. When Omnilinx modifies the General Terms and Conditions, Omnilinx shall post them on the Website and send them to the Customer’s email address. If the Customer does not object in writing to the acceptance of the new General Terms and Conditions within seven (7) days of receipt of the new General Terms and Conditions by e-mail, the Customer shall be deemed to have accepted and be bound by the new General Terms and Conditions.

 

 

4. DESCRIPTION OF THE SOFTWARE

 

4.1.       Omnilinx shall provide a web-based CRM software solution which is provided to the Customer as SaaS (Software as a Service) for the Customer’s internal business purposes. The Software shall enable the Customer to unify and manage the communication channels that the Customer uses to serve End Users in conducting its business activities. Omnilinx shall only provide the Software for Customer’s use and shall not provide any other services and shall not be responsible for any services provided by Customer and/or its employees to End Users. Omnilinx shall not be responsible for the Customer’s relationship with End Users, the quality of the services provided by the Customer, or the communication and content thereof, including messages, calls, etc., between the Customer and End Users. The Customer shall be solely responsible for the services provided by the Customer and the communication with End Users in relation to such services and its content. All claims by End Users shall be made against Customer notwithstanding that communications between Customer and End Users are managed through the Omnilinx Software. Customer shall notify all of its End Users and Third Parties that it is solely responsible for End User communication and its content in any communication channel accessed and used by Customer, notwithstanding that communication with End Users is conducted and managed through the Omnilinx Software. In all cases, Customers shall be solely responsible for the communication with End Users, including its content, and for the processing and storage of End Users’ personal data in the Software.

4.2.       Omnilinx shall grant Customer a non-exclusive, non-transferable right to use the Software for its own internal business purposes based on the SaaS Software Licensing and Delivery Model and for the Services included in the applicable Subscription Plan selected by Customer, respectively included in the free plan offered by Omnilinx.

4.3.       Omnilinx shall provide the Services using services, systems, products and solutions offered and delivered by its partner providers. Omnilinx shall provide the Customer in an appropriate manner (via a link, via directions on the Platform, etc.) with information about the current applicable terms and requirements for use of the services, systems, products and solutions offered and delivered by Omnilinx’s partner providers. Customer shall comply with and abide by all terms, conditions and requirements for use of the services, systems, products and solutions of Omnilinx’s partner providers.

4.4.       In the event that licenses, permits, notifications, decisions, etc. of governmental authorities or Third Parties are required for the use of the Services or any portion thereof, Customer shall procure and have available such licenses, permits, notifications, decisions, etc. while using the Software and Services. The Customer shall, upon Omnilinx’s request, provide the relevant acts, documents and evidence of holding the required licenses, permits, notifications, decisions, etc.

 

 

5. SCOPE OF SERVICES

 

5.1.       In order to access the Software and the Services included in the Subscription Plan selected by the Customer, respectively in the Free Plan, the Customer must have created an Account on the Platform. The Customer may not use the Software and the Services without having created an Account.

5.2.       The registration of a Customer’s Platform Account for the Omnilinx Free Plan shall be done by entering Customer’s details in the Platform Free Plan registration form, including first and last name, telephone number, valid email address, Customer’s website, number of Customer’s employees who service End Users, and other required details as per the Platform registration form, which will be saved in Omnilinx’s system. Prior to submitting the Free Plan Account Registration Form, Customer shall check the designated box on the Registration Form that Customer agrees to these General Terms and Conditions and the Omnilinx Privacy Notice.

5.3.       By submitting the Free Plan Account Registration Form and checking the designated box that he/she agrees to the General Terms and Conditions, Customer shall be deemed to have accepted these General Terms and Conditions. By submitting the registration form, the person who has completed the form shall represent and warrant that he or she is not incapacitated and that he or she is using valid personal identification information when registering.

5.4.       Omnilinx shall create a Customer’s Free Plan Account by sending Customer a link to Customer’s email address to create a password to access Customer’s Account. The Customer should enter his/her access password and confirm it. From the moment the Customer confirms his/her access password and receives confirmation that his/her password has been created, the contract between the Parties for the use of the Software and Services included in the free plan shall be deemed concluded.

5.5.       The creation of the Customer’s Account on the Platform for the use of the Services included in any of the Subscription Plans shall be carried out by Omnilinx following the conclusion of a Agreement between the Parties setting out the parameters of the Services provided. The Customer shall provide all necessary data and information to Omnilinx for the creation of the Account. Omnilinx shall not create a Customer Account until it has received all data and information necessary to grant the right to use the Software and Services, to issue and process payments, for record keeping, etc.

5.6.       Both when completing the registration form and when signing the Agreement and providing the necessary data and information to Omnilinx to create a Customer Account, the Customer shall provide true, accurate and up-to-date data. Any person providing data and information in connection with the creation of a Account on the Platform shall be liable for incorrect and/or incomplete data and information. Omnilinx shall not be liable if a Customer or a Third Party has provided incorrect and/or false data at the time of completing the registration form, respectively signing the Agreement, or at any later stage, including in any case where Omnilinx is unable to provide access to the Software and/or any of the requested Services as a result of incorrect data or other incomplete or false information about the Customer.

5.7.       Customer shall be responsible for all actions performed through or resulting from the use of its Account. The Customer shall not provide access details to his Account to any person who does not wish to act on his behalf and for his account. If the Customer provides them to a person, the Customer shall be deemed to have authorised that person to act on his behalf and for his account. In this case, the Customer shall be liable for the actions of that person as his own.

5.8.       The Customer shall notify Omnilinx immediately of any change to the details it has provided to Omnilinx for the initial creation of an Account or at a later stage. Otherwise, Omnilinx shall not be liable for providing the Software for use and the Services using incomplete or inaccurate data or any other actions.

5.9.       In any event, the Customer shall be responsible for payment of all Services requested under the Subscription Plan selected by the Customer in the Agreement, and for any additional costs, damages and lost profits incurred by Omnilinx or Third Parties as a result of incorrect information entered by the Customer or lack of subsequent notification pursuant to Section 5.8 above.

5.10.    Omnilinx shall be entitled to refuse access to the Software and Services where it suspects that the Customer has not provided and/or completed details about themselves and/or is not eligible for Services.

5.11.    The Customer shall procure, maintain and have in place the relevant licences, permissions, notices, solutions etc. and comply with and fulfil the relevant conditional requirements if any and the same are necessary for the use of the Services or any part thereof, including where such requirements are introduced after the creation of the Customer Account on the Platform.

 

 

6. OMNILINX RIGHTS AND OBLIGATIONS

 

6.1.         Omnilinx shall configure the Software for the Services after the Customer has provided all information necessary for the configuration. The deadlines for the configuration of the Software for the Services, or for part thereof, shall be indicated on the Platform in case the Customer has registered a Account for the free plan, or in the Agreement between the Parties. Omnilinx shall not be liable for any delay in the performance of the Services if it is due to a delay by the Customer or a Third Party in providing access, assistance or information required by Omnilinx. All performance deadlines set out on the Platform, agreed in the Agreement or the Schedules hereto shall be suspended and Omnilinx shall not be deemed in default until the Customer has provided Omnilinx with all information, data, materials, access and assistance necessary to perform its obligations.

6.2.         Omnilinx shall be entitled to receive prompt payment for the Services it provides as agreed in the Agreement in accordance with the Subscription Plan selected by the Customer.

6.3.         Omnilinx shall have the right to restrict or terminate the use of the Services, temporarily or permanently, in any of the following circumstances, which shall be deemed a breach of the Agreement and the General Terms and Conditions:

1.       If it finds that the Customer is using them in bad faith, in violation of the regulations in force in the territory of the Republic of Bulgaria and the European Union or other provisions of the Agreement and/or the General Terms and Conditions and/or in violation of the terms and conditions of use of the Services of suppliers;

2.       in the event of failure by the Customer to comply with the terms of these General Terms and Conditions and/or the Agreement;

3.       in the event of any action by the Customer prejudicial to the interests of Omnilinx and/or its partner and/or those of any other Customer;

4.       in the event of actions preventing the normal use of the Services and/or fraud and/or abuse related thereto;

5.       in case of violation of law and/or rights of Third Parties by the Customer or persons to whom the Customer has granted access to the Services.

6.4.         Omnilinx shall have the right to make changes and/or updates to the Software and Services (such as infrastructure, security, technical configurations, applications, etc.) while the Customer is using the Software and Services, respectively during the Term of the Customer Agreement, and to the CLOUD infrastructure maintained and developed by the Customer.

6.5.         In order to improve the quality of the Services, perform preventive maintenance, upgrades, troubleshooting and other related activities, Omnilinx shall have the right to temporarily limit or suspend the provision of the Services and shall not be liable for any compensation for the time during which the Customer does not use the Services.

6.6.         Omnilinx will notify Customer of upcoming maintenance and repairs to its local area network or other equipment and of other circumstances related to the suspension or discontinuance of the Services. In such cases, Omnilinx shall promptly restore the Services after the circumstance that caused the suspension or discontinuance no longer exists.

6.7.         Omnilinx shall notify Customer of planned maintenance within twenty-four (24) hours prior to the start of the maintenance.

6.8.         The Customer declares that it is aware that the provision of the Services may be suspended or limited for a certain period of time, including for technical reasons, due to legal requirements, due to an order of an administrative authority or court, due to requirements of suppliers whose participation contributes to the functioning of the infrastructure for the provision of the Services. In these cases, Omnilinx shall notify the Customer up to twenty-four (24) hours prior to the suspension or limitation of the Services.

6.9.         Omnilinx shall create an Account with the Customer’s email address and password to access the Contracted Services. Customer has the ability to change the password provided.

6.10.     Omnilinx shall provide technical support in accordance with the terms of providing technical support described in these General Terms and Conditions.

6.11.     Omnilinx shall provide training to the Customer’s employees if requested and in accordance with the terms agreed between the Parties in writing.

6.12.     In the event of a complaint by a Third Party of use of the Services in breach of any lawful provisions by the Customer or any person to whom the Customer has granted access to the Services, the rules of morality or the provisions of the Agreement entered into and/or these General Terms and Conditions, the Parties agree and the Customer acknowledges that Omnilinx shall have the right to temporarily restrict the provision of the Services or access to the Customer’s information until the matter is clarified, without notice or compensation to the Customer.

6.13.     Omnilinx may, at its sole discretion, without prior notice and without compensation, suspend the right to use the Services, warranties and technical support and/or unilaterally terminate the Agreement if it determines that the Services provided are being used in breach of the terms of the Agreement, the General Terms and Conditions, applicable law, supplier terms and requirements, generally accepted moral and ethical standards. In such cases, Omnilinx shall not be liable for any refund of fees received /in whole or in part/.

6.14.     Omnilinx shall have the right, at its sole discretion, without notice and without compensation, to suspend the right to use the Services in the event that the Customer fails to provide information, licenses, permissions and/or any other acts and documents that are necessary for the Customer to use the Services.

6.15.     Omnilinx shall not be liable in the event of inability to provide connectivity or operation of technical equipment during a certain period of time due to force majeure, fortuitous events, internet access, technical or other objective reasons, including orders of competent governmental authorities and/or requirements of service providers.

6.16.     Omnilinx shall not be liable for any damages caused by the Customer or any person to whom the Customer has granted access to the Services to any Third Party, including in connection with the use of the Services, and the Customer shall indemnify Omnilinx in full against any damages paid by Omnilinx to any Third Party, for damages caused by the Customer, including damages arising out of the use of the Services by the Customer or any person to whom the Customer has granted access to the Services.

6.17.     Omnilinx shall not be liable in the event of any Third Party access to information, loss or alteration of data or parameters of the Services, if such loss or alteration occurs as a result of any access granted by Customer to any Third Party to Customer’s Account or the Services, including the sharing with Third Parties of usernames/email addresses and/or passwords to access Customer’s Account.

6.18.     Omnilinx shall not be liable in the event of any access to information, loss or alteration of data or parameters of the Services occurring as a result of false identification of a Third Party purporting to be the Customer if it can be inferred from the circumstances that such person is the Customer.

6.19.     Omnilinx shall not disclose to any third party any Customer data or information that is stored on Omnilinx devices when operating the Software and Services provided by Omnilinx.

6.20.     When using the Omnilinx Services, the connection between the Customer and Omnilinx shall be encrypted using TLS/SSL protocols.

6.21.     Omnilinx shall not be liable for any delay in the performance of its obligations and commitments if it is due to delay on the part of the Customer or any Third Party.

6.22.     Work not expressly included in Omnilinx’s Services and Responsibilities in the Agreement or these General Terms and Conditions, including professional advice, will be further agreed between the Customer and Omnilinx and is subject to additional payment by the Customer.

 

 

7. TECHNICAL SUPPORT

 

Technical support provided by Omnilinx to the Customer shall be on the following terms:

 

ACCEPTANCE OF TROUBLESHOOTING TICKETS FROM OMNILINX:

 

7.1.         For Critical type problems, tickets shall be accepted 24/7 by calling +359 (87) 5 344 255. For Low, Medium and High type problems, tickets shall be accepted on working days from Monday to Friday from 09:00 to 18:00 (not including public holidays) by email: support@omnilinx.com and telephone: +359 (87) 5 344 255.

7.2.         Upon receipt of a troubleshooting ticket, Omnilinx Customer Service shall record the following information:

1.     Exact time to receive the ticket;

2.     Name of customer representative;

3.     Nature of the issue.

 

THE NAME OF THE CUSTOMER REPRESENTATIVE; TIME LIMIT FOR FIXING THE ISSUE:

 

	Critical	High	Medium	Low
Response time	1 hour	8 hours	3 days	5 days
Time to restore system operation (temporary solution)	8 hours	3 days	7 days	16 days
Final solution	7 days	14 days	21 days	40 days

 

7.3.         Out-of-hours service restoration hours shall not be counted in response time (except for Critical type problems), interim and final solution time. Response time shall be counted from the time a complete and accurate description of the issue is received from the Customer in writing to an email address: support@omnilinx.com

7.4.         Telephone calls and emails may only be initiated by authorized individuals previously described in the Agreement.

7.5.         All technical issues must go through the following process:

1.   Technical issue or logical inconsistency encountered;

2.   Escalation to project manager by Customer for verification of functionality;

3.   Escalation to technical department supporting Customer’s infrastructure and servers, including escalation to telecom operator providing services to Customer;

4.   Escalation to technical department supporting Customer’s CRM;

5.   Customer’s technical department escalates to Omnilinx Help Desk, email: support@omnilinx.com and phone: +359 (87) 5 344  255.

 

7.6.         Issue Priority:

 

Priority Levels	Classification Description
Critical	A critical operational situation that causes severe and permanent service limitations that cannot be corrected by Customer personnel and that results in a total/complete service interruption.
High	A high priority situation that causes serious and temporarily unacceptable service limitations that cannot be remedied by Customer staff, such as: ●     Partial interruption of service or sub-service with significant limitations to end users (e.g. response time, etc.) ●     Significant service management constraints ●     Unrecoverable loss of records or access information ●     Major data corruption. ●     Third party vulnerability reports.
Medium	Medium priority situations are those that may result in emergencies or breaches that require Provider intervention. Examples of medium priority situations are: ●     Loss of traffic or statistical information ●     Loss of redundancy ●     Disruption caused by the Provider and/or the Provider’s Services and materially affecting the network management service ●     Large restart/with service reload ●     Multiple small restarts within 1 hour of service ●     Major alarm faults ●     Data corruption
Low	Low priority issues are those that have a minor effect on the functionality of the Service. Examples of low priority situations are: ●     Minor disruptions that do not affect traffic and do not cause loss of service. ●     Minimal data corruption (not causing immediate problems).

 

 

8. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

8.1.         The Customer shall be entitled to use the Services in accordance with these General Terms and Conditions, the Agreement entered into and the instructions of the Platform, and shall only be entitled to operate the Services using the user account provided by Omnilinx and authenticating with an email address and password.

8.2.         The Customer shall only be entitled to remote access to the dedicated space on the Omnilinx server.

8.3.         The Customer shall be entitled to access the web interface for remote use of the Services from a location in the country in which the Customer is registered, unless otherwise agreed.

8.4.         Customer shall pay the price for the Services included in the Subscription Plan selected by Customer in accordance with the terms and conditions set forth in the Agreement.

8.5.         The Customer shall be entitled to use the Services only upon payment of all amounts due, compliance with the Agreement and these General Terms and Conditions and using the Services in good faith for their intended purpose, for their internal business purposes and in accordance with established requirements, including those established by law, and in accordance with customary usage practices. Any use of the Services contrary to the requirements of these General Terms and Conditions shall be deemed a breach of these General Terms and Conditions.

8.6.         In using the Services, the Customer must not use any software, scripts, programming languages or other technologies that could create difficulties in the use of the Services by End Users and other Customers.

8.7.         Customer shall not use the Services to create Internet games.

8.8.         Where the Services include telephone services, Customer agrees not to use the Services to generate unsolicited telephone calls. Violation of this requirement is grounds for suspension of the Services, which Omnilinx shall notify Customer of. If the action is repeated, Omnilinx shall have the right to unilaterally terminate the Services without notice and without compensation.

8.9.         Customer shall not be entitled to use the Service:

1.    to publish, distribute or make available in any manner, data, messages, text, computer files or other materials which, contravene Bulgarian law, applicable foreign laws, these General Terms and Conditions, the Agreement, the terms and requirements of Third Party Providers, Internet ethics or good morals and which violate the legal rights of End Users, other Customers and/or Third Parties;

2.    for publishing, distributing or making available software or other computer files that contain viruses or other risky programs or components thereof;

3.    for publishing or transferring pornographic or illegal material;

4.    for publishing and/or distributing data, messages, text, computer files or other materials containing a threat to human life and physical integrity, advocating discrimination, advocating fascist, racist or other undemocratic ideology, the content of which violates human rights or freedoms under the Constitution and laws of the Republic of Bulgaria or international instruments, calling for a violent change of the constitutionally established order, committing a crime, etc.;

5.    for malicious telephone calls and/or messages.

8.10.     Where the Services involve the sending of messages through channels such as SMS, Viber, etc., the Customer shall include in the messages information that allows End Users to identify and contact the Customer.

8.11.     Where the Services include the sending of messages through channels such as SMS, Viber, etc., the Customer shall not send messages that:

1.          are misleading or deceptive;

2.          which contravene the law or violate human rights and freedoms (e.g., which may qualify as defamation, discrimination, invasion of privacy, harassment, obscenity, violation of intellectual property rights or breach of confidentiality and the like) under applicable Bulgarian and international law, EU law, the law of the country from which the Customer is located or the country from which it offers goods/services;

3.          are offensive and/or contrary to morality and good morals;

4.          threaten the operation and/or security of any computer system, telecommunications network or equipment (including the operation of a mobile handset);

5.          cause an unacceptable feeling of fear or alarm;

6.          be considered a chain letter, junk message, spam or otherwise unsolicited communication (commercial or otherwise);

7.          are used to collect information about End Users without their consent.

8.12.     Where the Services involve the sending of messages by the Customer via channels such as SMS, Viber etc., any message inviting a reply via a pulse phone call shall include full details of the charges for the call and any additional information required by law.

8.13.     Where the Services involve the sending of messages by the Customer via channels such as SMS, Viber, etc., the Customer should provide the End User with an "opt-out" mechanism whereby the End User may at any stage notify the Customer not to send further promotional or marketing messages. Such a mechanism should be both easy to use and inexpensive for the End User (e.g. by sending an SMS, or by calling a national number, or by sending an email or following a provided hyperlink). For example, the Customer may include in its message an option for the End User to send the "STOP" command to 12345 when the End User wishes to "opt-out" of receiving messages. In the event that the Customer will only send one message to the End User that is pre-approved by the End User (a one-time message), the Customer will not be required to provide the End User with an "opt-out" mechanism. If the Customer wishes to send promotional messages to the End User, then the Customer must strictly comply with the legislative requirements to do so. The Customer shall comply with any "opt-out" notices received from End Users from the time of receipt and shall not send any further communications to the End User unless and until the End User requests or consents to receive further communications. The Customer shall be solely responsible for any and all complaints, alerts, claims, demands, violations, etc. related to the sending of communications to End Users.

8.14.     The Customer shall not use the Services for illegal, immoral and/or inappropriate purposes or in a manner that contravenes any legal, regulatory or Third Party Provider, mobile operator requirements relating to the use of the Services.

8.15.     The Customer shall be solely responsible for the content of messages sent by the Customer through the use of the Services. The Customer shall not send unsolicited messages and not to knowingly and intentionally send messages classified as SPAM. Customer shall be solely responsible for any complaints, alerts, claims, demands, violations, etc. related to the sending of unsolicited messages and messages classified as SPAM to End Users.

8.16.     The Customer shall not assign its rights and obligations in connection with the use of the Software and Services to any Third Party without Omnilinx’s prior written consent.

8.17.     The Customer shall carefully safeguard all access data, passwords and codes and keep them secure from third (unauthorized) parties. Any action by Customer’s account shall be deemed to be Customer’s action.

8.18.     The Customer should inform Omnilinx without delay if it suspects that access data is missing or compromised. All access details, passwords and codes will be sent to the Customer electronically to the last email address provided by the Customer. The Customer shall be liable to Omnilinx for any and all damages arising from misuse and actions through its accounts.

8.19.     The Customer shall be responsible for all actions taken with its account, whether by it, its employees or third parties (including its agents or contractors). Omnilinx shall not be responsible for any actions taken with Customer’s account. The Customer shall use the Services only in accordance with these General Terms and Conditions and/or as provided in the Agreement and will refrain from misusing them.

8.20.     The Customer shall notify Omnilinx immediately in the event of any unauthorised use of its Account or other breach of security. The Customer shall be responsible for all actions performed from its Account (including through its username and password).

8.21.     The Customer shall provide all necessary technical means to access, operate and manage the Software and Services provided to it.

8.22.     The configuration and maintenance of Customer’s local network shall be Customer’s own responsibility and in no way may commit Omnilinx.

8.23.     Where the Services include a telephone line, it is the Customer’s responsibility to configure the endpoint device on its side so that voice traffic on the leased line between the Customer and Omnilinx has the highest priority over all other traffic.

8.24.     Customer represents that they are aware and agree that the Services are not fault tolerant and that Omnilinx does not warrant that the Services will operate error free and/or uninterrupted, for which Omnilinx shall not be liable. The Services shall be distributed and made available by Omnilinx for use in an "as is" ("as available") form and condition, and Omnilinx does not warrant that the Services meet all of Customer’s needs and requirements. The Customer has checked and ensured that the various functionalities of the Service meet its needs and requirements, which it certifies and confirms by signing the Agreement. Omnilinx does not warrant that the Customer will achieve any particular objectives and results through the Software.

8.25.     The Customer understands and agrees that it is Omnilinx’s intention to provide Software that is compatible with current versions of operating systems and browsers on which the Software runs as set out in these General Terms and Conditions, on the Platform, on the Website and/or as further specified by Omnilinx. However, Omnilinx disclaims any warranty that the Software is compatible with any operating system, computer platform or browser that Customer may choose to use, except as expressly recommended by Omnilinx. Omnilinx also makes no warranty that the Software, including any future modification, update, enhancement or new version of the Software, will be compatible with new operating system versions, computer platforms and browsers.

8.26.     Customer understands that the Software cannot and will not be used in the event that (a) the Software is not properly used or configured due to any act, default or limitation caused by Customer, its employees or third parties; (b) the Software has been illegally used by Customer, or the hardware to which the Software is accessed is unusable due to electrical system failure, lack of internet connectivity, or other circumstance beyond Omnilinx’s control; or (c) any person other than an authorized representative of Omnilinx modifies the Software.

8.27.     Any modification or maintenance of the Software may only be performed by Omnilinx.

8.28.     Changes to the Services shall be made by Omnilinx and version-modification shall be maintained.

8.29.     During use of the Software, Customer shall:

1.       Provide a contact person with the software knowledge necessary to communicate effectively with Omnilinx;

2.       Provide Omnilinx with any other assistance and support reasonably necessary for the successful configuration and maintenance of the Software, and access and assistance necessary for the successful troubleshooting of errors and problems affecting Customer’s use of the Software. With respect to problems, malfunctions and errors of the Software that affect Customer’s use of the Software, in the event that Omnilinx fails to obtain the reasonably necessary assistance, information, access and assistance from Customer or if Customer, without Omnilinx’s authorization, has attempted to correct problems that do not relate to the Customer Data used in connection with the Software, Omnilinx shall not owe and shall not be able to provide the Customer with support for the Software and shall not owe any compensation, action or indemnity to the Customer in respect thereof;

3.       Provide complete and accurate information to Omnilinx regarding problems with use of the Software;

4.       Omnilinx shall not be responsible for any setup or maintenance of the Software that does not meet Customer’s requirements if Customer fails to provide the foregoing help and assistance;

5.       Omnilinx’s technical support obligations and services shall be for the sole benefit of Customer and may only be requested by Customer.

8.30.     The Customer shall be responsible for the content entered when using the Software and for the activities performed through the Software. The Customer agrees not to use the Software or Services in any manner that would violate the law or the rights of Third Parties.

8.31.     The Customer agrees to comply with all applicable laws, regulations, terms and conditions and requirements for the use of the Software and Services and to indemnify Omnilinx for any damages arising from the use of the Services by any employee or representative of Customer.

8.32.     The Customer shall refrain from using or claiming any rights in any registered or unregistered trademark or trade name of Omnilinx.

8.33.     The Customer shall:

1.       Not to file, download, store, distribute, use, transmit, send, or provide links to information, data, text, files, software, photographs, video or audio materials, messages, or other materials and content:

A.     that contravene the law or violate human rights and freedoms under applicable domestic and international law, EU law, the law of the country from which the Customer is located or the country from which the Customer offers goods/services;

B.      which promote discrimination, racist or other anti-democratic ideology;

C.     which damage the reputation of Third Parties and call for a violent change of the constitutionally established order, for the commission of a crime, for violence or incitement to racial, national, ethnic or religious hatred;

D.     infringe the material or moral rights of third parties, including copyright and related rights;

E.      that contain pornography, sexual violence, or links to websites with such content;

F.      that contain computer viruses or other malicious code or software;

G.     misleading and false websites for fraudulent purposes and illegal acquisition of information.

2.       Comply with applicable international law, EU law and the law of the country from which the Customer or the country from which it offers its goods/services, these General Terms and Conditions, the instructions and directions of the Platform and/or Website and any further instructions from Omnilinx, and good morals;

3.       Not interfere with the proper functioning of the Software and Services, including but not limited to, not interfering with Third Party access, not making unauthorized access, not disrupting or impeding the access of other Customers, etc.;

4.       Not use the Software for any activity without having obtained permission for such activity;

5.       Notify Omnilinx immediately of any known instance of misconduct committed or discovered in the use of the Software and Services, including by Customer’s employees or Third Parties;

6.       Provide, at its own expense, the necessary computer equipment, operating systems, software and internet access to use the Software and Services.

 

 

9. TERMS OF USE OF SMS COMMUNICATION CHANNEL

 

9.1.       The Services may include a communication solution (channel) that allows Customers to send short text messages – SMS, via the Platform.

9.2.       The customers have the ability to send bulk SMS messages to End Users via the Platform subject to these General Terms and Conditions, all applicable regulatory requirements and the requirements of Third Parties – providers, mobile operators, etc. relating to the provision of networks, systems and conditions for sending SMS.

9.3.       Omnilinx shall provide connectivity of the Customer’s systems and the ability to send SMS to multiple End Users via the Platform.

9.4.       Omnilinx shall process and charge for SMS traffic generated by the Customer in accordance with the Subscription Plan selected and subject to the parameters set forth in the Agreement between the Parties.

9.5.       Omnilinx shall secure and manage all contractual relationships with providers and operators in order to enable the use of the SMS communication channel by Customers via the Platform.

9.6.       The Customer shall notify Omnilinx in advance of any increase in the volume of SMS traffic to be sent to End Users.

9.7.       The Customer shall comply with all regulatory requirements relating to the sending of SMS, including but not limited to requirements regarding unsolicited messages, messages classified as SPAM, etc.

 

 

10. TERMS OF USE OF EMAIL COMMUNICATION CHANNEL

 

10.1.    The Services may include a communication solution (channel) that allows Customers to send messages via email – EMAIL, through the Platform.

10.2.    Customers have the ability to send email messages – EMAIL, to End Users via the Platform, and to receive email messages – EMAIL, from End Users, subject to these General Terms and Conditions and any applicable regulatory requirements.

10.3.    Omnilinx shall provide connectivity of the Customer’s systems and the ability to send and receive email messages – EMAIL, via the Platform, as well as all other EMAIL communication channel functionality specified in the Agreement, in accordance with the Subscription Plan selected by the Customer.

10.4.    Omnilinx shall process and charge for traffic generated by the Customer in accordance with the selected Subscription Plan and within the parameters set forth in the Agreement between the Parties.

10.5.    The Customer shall notify Omnilinx in advance of any increase in the volume of email – EMAIL message traffic it will send to End Users and/or potentially expects to receive from End Users.

10.6.    The Customer shall comply with all regulatory requirements relating to the sending of EMAIL messages, including but not limited to requirements regarding unsolicited messages, messages classified as SPAM, etc.

10.7.    The Customer shall comply with all regulatory requirements, these General Terms and Conditions, and Omnilinx’s established practices and guidelines regarding the content of messages sent to End Users via email – EMAIL.

10.8.    The Customer shall secure all necessary consents from End-Users – recipients of EMAIL messages to send promotional and marketing messages, including providing the ability to "opt-out" of receiving EMAIL messages.

 

 

11. TERMS OF USE OF VIBER COMMUNICATION CHANNEL

 

11.1.    The Services may include a communication solution (channel) that allows Customers to send Viber messages, via the Platform.

11.2.    Customers have the ability to send Viber messages via the Platform to End Users, and to receive Viber messages on the Platform from End Users, subject to these General Terms and Conditions, all applicable regulatory requirements, and the requirements of any Third Party system and service providers associated with the Viber communication channel.

11.3.    Omnilinx shall provide connectivity of the Customer’s systems and the ability to send and receive Viber messages via the Platform, as well as all other functionality of the Viber communication channel as defined in the Agreement, in accordance with the Subscription Plan selected by the Customer.

11.4.    Omnilinx shall process and charge for traffic generated by the Customer in accordance with the selected Subscription Plan and within the parameters set forth in the Agreement between the Parties.

11.5.    Omnilinx shall provide and manage all contractual relationships with providers and operators in order to enable Customers to use the Viber communication channel via the Platform.

11.6.    The Customer shall notify Omnilinx in advance of any increase in the volume of Viber Platform message traffic it will send to End Users and/or potentially expects to receive from End Users.

11.7.    The Customer shall comply with all regulatory and vendor requirements related to sending messages on the Viber Platform, including but not limited to requirements regarding unsolicited messages, messages classified as SPAM, etc.

11.8.    The Customer shall take all necessary actions, including signing all necessary documents, accepting all applicable terms and conditions and giving all necessary consents, to create and maintain its own public account on the Viber platform, including by having and entering special access codes.

11.9.    The Customer agrees to accept, acknowledge and comply with the Viber Platform Terms and Conditions, available at https://www.viber.com/en/terms/viber-terms-use/, as may be amended from time to time, which shall also apply to Customer’s use of the Services.

11.10.                        The Customer agrees to accept, acknowledge and comply with the Viber Platform Advertising Policy, available at https://www.viber.com/en/terms/viber-advertising-policy/, as may be amended from time to time, which shall also apply to Customer’s use of the Services.

11.11.                        The Customer shall follow all Omnilinx instructions and guidelines for linking Customer’s own Viber Account to Customer’s Account on the Platform.

11.12.                        The Customer shall comply with all regulatory requirements, these General Terms and Conditions, the Viber Communication Channel Terms of Use, the requirements of any Third Party system and service providers associated with the Viber Communication Channel and Omnilinx’s established practices and guidelines regarding sending and receiving Viber messages.

11.13.                        The Customer shall secure all necessary consents from End-User recipients of Viber messages to send advertising and marketing messages.

11.14.                        Upon Omnilinx’s request, Customer should provide Omnilinx with confirmation and evidence that Customer has met all requirements to maintain a Viber account, has in its possession and agreed to the relevant terms and conditions and is entitled to access the Viber communication channel.

 

12. TERMS AND CONDITIONS FOR USE OF THE FACEBOOK MESSENGER COMMUNICATION CHANNEL

 

12.1.    The Services may include a communication solution (channel) that allows Customers to send messages to Facebook Messenger via the Platform in response to messages received from End Users.

12.2.    Customers have the ability to send messages to Facebook Messenger via the Platform in response to messages received from End Users, subject to these General Terms and Conditions, any applicable regulatory requirements, and the requirements of any Third Party system and service providers associated with the Facebook Messenger communication channel.

12.3.    Omnilinx shall provide connectivity to Customer’s systems and the ability to send messages to Facebook Messenger via the Platform in response to messages received from End Users, as well as all other functionality of the Facebook Messenger communication channel as set forth in the Agreement, in accordance with the Subscription Plan selected by Customer.

12.4.    The Customer shall comply with all regulatory and vendor requirements related to messaging on Facebook Messenger, including but not limited to requirements regarding unsolicited messages, messages classified as SPAM, etc.

12.5.    The Customer agrees to take all necessary actions, including signing all necessary documents, agreeing to all applicable terms and conditions, and giving all necessary consents, to create and maintain its own Facebook business account, including by possessing and entering passwords and access codes.

12.6.    The Customer shall follow all Omnilinx instructions and guidelines for linking Customer’s Facebook business profile/account/page to Customer’s Platform Account.

12.7.    The Customer shall comply with all regulatory requirements, these General Terms and Conditions, the Facebook Messenger Terms of Use, the requirements of all Third Party system and service providers associated with the Facebook Messenger communication channel and Omnilinx’s established practices and guidelines for sending messages to Facebook Messenger.

12.8.    The Customer shall secure all necessary consents from End User recipients of Facebook Messenger messages to send advertising and marketing messages.

 

 

13. TERMS OF USE OF WHATSAPP COMMUNICATION CHANNEL

 

13.1.    The Services may include a communication solution (channel) that allows Customers to send messages to WhatsApp via the Platform in response to messages received from End Users.

13.2.    Customers have the ability to send WhatsApp messages via the Platform as well as receive WhatsApp messages from End Users, subject to these General Terms and Conditions, any applicable regulatory requirements, and the requirements of any Third Party system and service providers associated with the WhatsApp communication channel.

13.3.    Omnilinx shall provide connectivity of the Customer’s systems and the ability to send and receive WhatsApp messages via the Platform, as well as any other functionality of the WhatsApp communication channel specified in the Agreement, in accordance with the Subscription Plan selected by the Customer.

13.4.    Omnilinx shall process and charge for traffic generated by the Customer in accordance with the selected Subscription Plan and within the parameters set forth in the Agreement between the Parties.

13.5.    The Customer shall notify Omnilinx in advance of any increase in the volume of WhatsApp message traffic it will send to End Users and/or potentially expects to receive from End Users.

13.6.    The Customer shall comply with all regulatory and supplier requirements relating to the sending of WhatsApp messages, including but not limited to requirements regarding unsolicited messages, messages classified as SPAM, etc.

13.7.    The Customer shall take all necessary actions, including signing all necessary documents, accepting all applicable terms and conditions and giving all necessary consents, to create and maintain their own account on the WhatsApp platform, including by having and entering passwords and access codes.

13.8.    The Customer shall follow all Omnilinx instructions and guidelines for linking its own WhatsApp account to the Customer’s Account on the Platform.

13.9.    The Customer shall comply with all regulatory requirements, these General Terms and Conditions, the WhatsApp Platform Terms of Use, the requirements of all Third Party system and service providers associated with the WhatsApp communication channel and Omnilinx’s established practices and guidelines regarding sending WhatsApp messages.

13.10.                        The Customer shall accept, acknowledge and comply with the WhatsApp Platform Terms and Conditions, available at https://www.whatsapp.com/legal/business-solution-terms/, as may be amended from time to time, which shall also apply to the Customer’s use of the Services.

13.11.                        The Customer shall secure all necessary consents from the End-Users, the recipients of WhatsApp messages, to send advertising and marketing messages.

13.12.                        Upon Omnilinx’s request, the Customer should provide Omnilinx with confirmation and evidence that it has met all requirements to maintain an account on the WhatsApp platform, has in its possession and agreed to the relevant documents and terms, and is entitled to access the WhatsApp platform.

 

 

14. TERMS OF USE OF THE WEB CHAT SERVICE

 

14.1.     Where provided for in the Agreement, Omnilinx shall provide the Customer with the Web Chat Service, which enables real-time chat communication with End Users on the Customer’s website, as well as the sending of automated messages after the end of the call in order to ascertain End User satisfaction.

14.2.     Communication may be initiated through the Customer’s website by an End User.

14.3.     Web Chat shall be provided to Customer as part of the Software and Services and is not offered as a stand-alone service.

14.4.     The configuration of the Web Chat service shall be done by the Customer on the Platform.

 

 

15. TERMS OF USE OF THE WEB-BASED PBX SERVICE

 

15.1.     Where provided for in the Agreement, Omnilinx shall provide the Customer with the Web-Based PBX Service, which shall include the following if not otherwise agreed in the Agreement or the Schedules to the Agreement:

 

1)      Remote WEB access to specialized software owned by the Provider called "Web Based PBX" which enables the reception of incoming telephone calls, generation of statistics;

2)      provision of resources on an Omnilinx server for the operation of the Web-based PBX service;

3)      providing access to a user panel for the operation and configuration of the Web-based PBX service.

15.2.     The term of the Agreement shall commence on the date of commissioning of the Web-based PBX service by signing of a Protocol by both parties.

15.3.     Omnilinx shall provide, and the Customer shall use, the Web-based PBX Service in accordance with the parameters of the respective subscription plan selected by the Customer as described in the Agreement and the Annexes to the Agreement.

15.4.     In order to use the Web-Based PBX Service, Customer must provide its own number(s) and telecommunications connectivity or use Omnilinx-provided number(s) to receive calls called "User Number" and Omnilinx’s existing telecommunications connectivity.

15.5.     The Customer shall provide a list of its business numbers to be forwarded from the "User Number(s)" to the business numbers.

15.6.     The Web-based PBX service shall provide call forwarding from "User Number(s)" to company numbers.

15.7.     Omnilinx shall configure the software for the Web Based PBX Service within the time specified in the Agreement, but in any event no earlier than 10 working days after the Customer has provided all information necessary for the configuration. Omnilinx shall not be liable for any delay in the performance of its obligations if it is due to delay by the Customer or any third party.

15.8.     The Customer shall only use the Web Based PBX service in good faith and for its intended purpose, namely to handle incoming calls to the Customer’s "User Number(s)" and to make outgoing calls.

15.9.     The Customer shall configure the terminal equipment on its side so that voice traffic on the leased line between the Customer and Omnilinx shall have the highest priority over all other traffic.

 

16. HARDWARE REQUIREMENTS FOR COMPUTERS OR NOTEBOOKS AT WORKSTATIONS

 

When using the Services, the Customer shall comply with the following minimum requirements for the relevant Services that the Customer is using, and Omnilinx shall not be liable for any failure by the Customer to provide such requirements:

 

MINIMUM HARDWARE REQUIREMENTS FOR COMPUTERS OR NOTEBOOKS AT WORKSTATIONS

 

1.      Processor: Intel Core i3-4570 (without U) CPU 3.2GHz

2.      Memory: 8GB RAM

3.      Hard Drive: 128GB or larger HDD or SSD (SSD is preferred for better productivity/performance)

4.      Windows version 10 or Linux installed minimum

5.      Latest version of Chrome browser or Microsoft Edge

6.      Professional USB headset with microphone (for one or two ears)

 

INTERNET AND IP ADDRESS REQUIREMENTS:

1.       Guaranteed (uninterrupted) internet

2.       Static IP address

3.       80Kbit (Kbps)/simultaneous line over IP phone (signalling + voice traffic)

4.       145Kbit (Kbps) = 80 (signalling + voice traffic) + 65 (web interface traffic) / simultaneous line via web phone

 

 

17. LEASED LINE AND TELEPHONY PARAMETERS

 

Where the Customer uses Services where a leased line is required, the following conditions shall apply, without the provision of which by the Customer, Omnilinx shall not be liable for any failure to provide the Services:

 

17.1.     The leased line and telephony to provide the Services shall be provided by and at the expense of the Customer.

17.2.     The Service shall be based on the Session Initiation Protocol (SIP) signalling protocol RFC 3261 RFC 2543. Omnilinx shall send only SIP messages to the Subscriber in a signalling manner. Signalling messages sent by the Customer based on protocols other than SIP will not be serviced.

17.3.     The Customer shall configure only the G.711a voice codec (for incoming and outgoing calls) in the codec list of its PBX. The "packetization" period for the G711a codec shall be 20 milliseconds. In the event that this is not met, Omnilinx shall not guarantee successful calls or call quality.

17.4.     The Customer’s PBX in the inbound direction should support the SIP "183 Ringing with SDP" signaling message.

17.5.     When making outbound calls from Customer to Subscriber, the full dialled number should be indicated in the initial "Invite" SIP signalling message.

17.6.     Customer’s local calls shall be handled by the Customer’s SIP IP PBX.

17.7.     Outbound calls implemented with IP dialing shall not be serviced.

17.8.     Omnilinx shall accept SIP signalling messages on UDP port 5060.

17.9.     UDP ports for RTP packets need to be on a port larger than 1024.

17.10. Ports for accessing web interfaces UDP/TCP port 443.

17.11. Leased line requirements between Omnilinx and the Customer:

o   Minimum capacity – 100 Mbit

o   Maximum round-trip delays – 20ms

o   Call Authorization:

–          IP address

–          A number (calling number).

 

 

18. LIABILITY

 

18.1.     Omnilinx shall only be liable for culpable conduct or gross negligence. Omnilinx shall not be liable for lost profits, unrealised profits, lost interest, indirect losses, non-pecuniary damages or for damages arising from third party claims or for lost or altered data. Omnilinx assumes no liability for the content of data transferred. The Customer shall be responsible for the content of private and business pages it has included, the data stored, the messages sent and received and the data put into circulation, and therefore acts as a data controller within the meaning of the Bulgarian Data Protection Act with regard to the processing of personal data.

18.2.     If the Services are suspended in whole or in part due to a breach of these General Terms and Conditions by the Customer or any person to whom the Customer has granted access to the Services, Omnilinx shall not be liable. Omnilinx shall reserve the right to prohibit the transfer of data or Services if contrary to law, international conventions or common decency, however it has no obligation to do so. Customer shall be liable for claims and demands arising from Customer’s use of the Omnilinx Services or from third parties to whom Customer has granted access to the Services.

18.3.     Omnilinx shall not be responsible for and makes no warranty that the Software it supplies meets Customer’s requirements, operates in accordance with Customer’s other programs and systems, or that any defects in the Software can be corrected.

18.4.     Omnilinx will consider the state of the art when setting up security systems or security solutions (e.g. anti-virus products), but does not guarantee its absolute security and assumes no liability in this respect. Similarly, Omnilinx shall not be liable for any damages arising from the circumvention or disabling of the security systems or security solutions implemented at the Customer.

18.5.     In any event, the amount of Customer’s damages shall be limited to the total subscription fees paid for the current year.

18.6.     Omnilinx shall not be liable for indirect damages to Customer, lost profits, lost data, business interruption, loss of business reputation. Omnilinx shall not be liable for any damages resulting from acts or omissions of third parties not under Omnilinx’s control.

18.7.     For the avoidance of doubt, the Parties agree that Omnilinx shall not be liable for:

1.       Destruction or loss of data in Customer’s possession for reasons beyond Omnilinx’s control;

2.       Customer’s inability to use the Services due to reasons beyond Omnilinx’s control;

3.       Claims brought by third parties against the Customer in connection with the use of the Services;

4.       Loss of data, damages or loss of profits due to untimely payment or default by Customer;

5.       If the Customer is unable to access the Services due to problems beyond Omnilinx’s control (hardware problem, software problem, internet connectivity problem, vendor related problem, changes in regulations and requirements, etc.).

18.8.     Omnilinx shall not be responsible or obligated to monitor the information Customer stores or to verify that it complies with applicable law, meets vendor requirements, violates third party rights or the provisions of these General Terms and Conditions.

18.9.     Omnilinx shall not be liable for any information, data, text, files, software, photographs, videos, audio materials, messages, links, recordings, references or any other materials or content stored by Customer or any of its employees, or for the activities of Customer or any of its employees conducted with the Services.

18.10. Omnilinx shall not be liable for any damages or loss of profits suffered by Customer as a result of any termination, suspension, modification or limitation of the Services, or for the removal or loss of any materials or content in cases where Customer has failed to perform its obligations.

18.11.     Omnilinx shall not be liable for failure to provide Services in the event of non-payment of amounts due by Customer, failure to comply with the instructions and technological requirements for use of the Software, failure to properly operate the Services, or as a result of tests performed by Omnilinx to verify the Software and Services, connections, networks, etc., or tests aimed at improving or optimizing the Software and Services.

18.12.     The Customer shall defend, indemnify and hold Omnilinx harmless from and against any and all claims, demands, liabilities, losses, fines, penalties, damages and expenses arising out of: (a) acts or omissions of Customer or its employees or third parties on Customer’s behalf in connection with Customer’s use of the Software and Services; (b) any claim that the Software infringes the copyrights, trademarks or other proprietary rights of a third party to the extent such infringement results from changes to the Software and Services by Customer or a third party to whom Customer has granted access to the Software and Services.

18.13.     Omnilinx shall not be liable for the content of any conversations, messages, texts, recordings, data, information, images, audio recordings, video recordings, etc. sent or transmitted through or using the Services and Customer shall be solely liable for the content thereof. The Customer shall comply with all applicable laws, requirements and regulations applicable in the jurisdiction in which Customer conducts its business activities and in the jurisdiction of all persons with whom Customer communicates directly when using the Services. By using the Services, Customer agrees to be bound by all applicable regulations, requirements, conditions and restrictions on the use of the Services or any portion thereof.

18.14.     The Services provided by Omnilinx shall not include emergency calling and/or access to emergency services such as text messaging to 112/911 or other emergency numbers. Omnilinx shall not be liable for any damages, claims, costs or any claims of Customers and/or End Users in connection with the use of the Services for the purpose of making emergency calls, respectively in connection with the inability to make emergency calls. Customer shall defend, indemnify and hold Omnilinx harmless from and against any and all claims, demands, liabilities, losses, fines, penalties, damages and expenses related to the inability to make emergency calls, including text messages, using the Services.

 

 

19. COPYRIGHT

 

19.1.     Notwithstanding the provision of the Service, Omnilinx shall retain all of its rights in the software products developed by it. All intellectual property rights in the Software of the Service provided shall be protected under the Copyright and Related Rights Act, and unauthorized use thereof by the Customer shall constitute an offence and shall give rise to civil, administrative and criminal liability in accordance with applicable Bulgarian law.

19.2.     Omnilinx is the exclusive owner of the Software and the right to offer and use the Software and the Service.

19.3.     Omnilinx owns the Software, the functionality, the operating models and all intellectual property rights therein.

19.4.     Omnilinx retains all rights to use the Software and may grant these rights to third parties at its sole will and discretion without restriction.

19.5.     Customer acknowledges and agrees that Omnilinx has the right to use and sublicense all existing and future tools, procedures, subroutines and other software, data, materials and technology that Omnilinx has incorporated or may incorporate into the Software.

19.6.     Omnilinx owns all intellectual property rights in the Website, its domain, its content, its source code and all other elements.

19.7.     The User Content, data that the Customer enters or uses in connection with the Software is the property of the Customer.

19.8.     For the Term of the Agreement, or as long as a Customer is subscribed to the Free Plan, Omnilinx grants Customer a non-exclusive, non-transferable right to use the Software for its own internal business purposes based on a SaaS model for providing use of the Software.

19.9.     The Customer shall have the right to use the Software for as long as Customer pays subscription fees, respectively as long as a Customer is subscribed to the Free Plan, or until the Service is terminated by Omnilinx in accordance with these General Terms and Conditions.

19.10.     The Software shall be provided for use and not sold to the Customer. The Customer agrees that Omnilinx retains full right, title and other interest in and to the Software and all related intellectual property rights (including, without limitation, all copyrights) associated with any element of the Software. No title to the Software or any proprietary rights relating to the Software shall be transferred under the Agreement or these Terms.

19.11.     The Customer shall not have the right to:

1.       Use the Software in any way other than as expressly set out in the Agreement, these General Terms and Conditions and/or on the Website;

2.       Copy and install the Software on its own computer network or other hardware;

3.       Sell, resell or license the Software or any part thereof unless otherwise agreed between the Parties in writing;

4.       Copy and upload the Software provided for use in connection with the performance of the Services to other servers or locations for further reproduction or distribution;

5.       Reproduce, distribute, transmit or publish the functionality of the Software, specific information, process models and other valuable information, in any form or format or manner, including by posting on the Internet;

6.       Disclose to third parties or use in any manner other than as set forth herein the Software, its parts, components and principles of functionality;

7.       Reproduce, copy and incorporate information/source code from the Software into other software or software products;

8.       Offer the Software as part of a product or service for any commercial use or purpose, with or without compensation, unless otherwise agreed to in writing by the parties;

9.       Require delivery, installation or use of the Software on Customer’s premises.

19.12.          The license shall be non-exclusive and Omnilinx reserves the right to provide the Service and/or related Software to third parties without restriction.

19.13.          The Customer shall not copy and/or distribute the Software provided for use in connection with the Services or its program code for any purpose, including the use thereof to create and distribute a program identical to or different from the Software. The Customer shall not provide third parties with the passwords to access the Services.

19.14.          The Customer shall not transmit the program code remotely, store the program code in computer memory, translate, reverse engineer or otherwise modify the program code. The Customer shall not examine, decompile or disassemble the programs and other components of the Services.

19.15.          Copying and using the program code, database structure, documentation or any part thereof shall be prohibited. Selling, distributing, renting or otherwise transferring the rights to the Services shall be prohibited.

19.16.          The Customer may not grant the rights to use or any other rights in the Software or Services to any third party except with Omnilinx’s prior consent.

19.17.          The Services provided shall not in any way transfer or allow the exercise by the Customer or third parties of any intellectual property rights in the Software, the software products and their elements – the subject of the Services, other than the right of use for the Term of the Agreement, respectively as long as the Customer is subscribed to the free plan, subject to the terms of the General Terms and Conditions and the Agreement concluded between the Parties.

19.18.          For any use not expressly granted to the Customer, the Customer shall indemnify Omnilinx for all damages and loss of profits, notwithstanding any limitations of liability set out in the Agreement and/or these General Terms and Conditions.

19.19.          Where the Customer provides the Software to its employees, the Customer shall ensure that its employees and third parties comply with the terms of the Software and that the Software is only used in accordance with these General Terms and Conditions for the Customer’s internal business purposes.

19.20.          The Customer shall not permit others to download, decompile, reverse engineer or otherwise attempt to extract the source code of the Software or to remove, obscure or alter any copyright, trademark or other proprietary notices displayed on the Website or in the Software.

19.21.          The Customer will use its best efforts to notify Omnilinx promptly if Customer becomes aware of any unauthorized copying of the Software by its employees or any third party with access to the Software. Where the Customer provides the Software to its employees, the Customer shall ensure that its employees and third parties comply with the terms of the Software.

19.22.          The Customer will inform Omnilinx promptly if the Customer becomes aware of any unauthorized copying of the Software by its employees or any third party and will cooperate with Omnilinx in any manner possible to resolve the matter.

19.23.          All content on the Website, including all published text, information, data, images, photographs, video, articles, program code are subject to copyright. They belong to Omnilinx. The Customer may not copy, store, process, publish, distribute in original or processed form or use in any other way texts, images or other elements contained on the Website. Any attempt by the Customer to access, copy or modify the programming code of the Software and/or the Platform shall be deemed a breach of these General Terms Conditionsand and Omnilinx’s rights. The Customer shall procure the agreement of its employees to respect Omnilinx’s copyright and all other intellectual property rights.

19.24.          Omnilinx shall retain the rights to the Software, the Platform and the Website, including the rights to market, license, create, reproduce, use, distribute and otherwise deal with the Software, the Platform and the Website.

19.25.          Omnilinx retains ownership and possession of both the Software and all related copyrights, trademarks, trade secrets and other intellectual property and proprietary rights and does not transfer to Customer ownership of any element of the Software, Platform or Website.

19.26.          Nothing in the Agreement and/or these General Terms and Conditions grants or shall be construed as granting to the Customer any rights (other than the Software License) – any copyrights, trade secrets, technical data, know-how, logos, trademarks, trade names, Omnilinx Marks or other proprietary rights owned, used or claimed, now or in the future by Omnilinx or other subsidiaries and affiliates. Omnilinx reserves all such rights, but grants Customer a non-exclusive right to use the Software solely for the purposes of the Agreement or under the Free Plan and solely in accordance with its usage guidelines.

19.27.          Customer shall not alter, remove or obscure Omnilinx’s trademark, copyright, proprietary or trade secret notices on the Software, the Platform and the Website and the right to add any other trademark or service mark to the Software, the Platform or the Website.

 

 

20. RIGHTS IN VOICE MESSAGES AND MUSIC WORKS

 

20.1.              Upon Customer’s assignment, upon payment of the appropriate consideration and receipt of Omnilinx’s acknowledgement, Omnilinx may integrate into the Software: 1. music works provided by the Customer to play as background music during conversations via the Customer’s account on the Software; and/or 2. voice messages provided by the Customer to play during conversations via the Customer’s account, collectively referred to as the "Works".

20.2.              Omnilinx shall be entitled to require the Customer to provide the Works in a format and with characteristics suitable for integration into the Software for the purposes for which their use is agreed. In the event that the Customer fails to provide the Works as required by Omnilinx, Omnilinx shall have no obligation to perform and shall not be liable for performance of its obligation to integrate the Works into the Software.

20.3.              Omnilinx shall integrate the Works into the Software in the quality and content provided to it by Customer. Omnilinx shall not be liable if the quality and/or content of the Works is unsatisfactory. Omnilinx shall not be liable, and Customer shall be solely responsible, for ensuring that the content of voice messages complies with applicable law and includes the information required by law when making calls through Customer’s account, including but not limited to the requirements of the Personal Data Protection Act, Consumer Protection Act, etc.

20.4.              By accepting these General Terms and Conditions, the Customer represents and warrants that it only provides Omnilinx with Works that it has the right to use and to make available to Omnilinx for use in the manner described in these General Terms and Conditions, and that the integration and reproduction of the Works in the Software does not infringe or violate any copyright, related and/or other rights of third parties and/or statutory provisions.

20.5.              By accepting these General Terms and Conditions, the Customer grants Omnilinx the non-exclusive right to use, for the duration of the Agreement, the Works by processing and integrating them for the purpose of public reproduction in conversations in the Customer’s account on the Software.

20.6.              In the event that a third party claims copyright, related and/or other rights in relation to the Works or a competent authority notifies Omnilinx of a dispute or breach of applicable law, Omnilinx shall be entitled to immediately cease reproducing the Works in the Software without any compensation or refund to the Customer, which shall not be deemed a breach of Omnilinx’s obligations.

20.7.              The parties agree that Omnilinx shall have no liability in connection with the use of the Works and shall have no obligation to investigate or arrange for the right to use and integrate the Works into the Software. All responsibility for the use and reproduction of the Works rests with the Customer. The Customer represents and agrees that all claims by holders of copyright, related and/or other rights in or to the Works shall be made solely to the Customer and shall be borne by the Customer at the Customer’s own expense.

20.8.              In the event that any claims are brought against Omnilinx by third parties in connection with the Works, or any financial or other penalties are imposed on Omnilinx by any governmental authority, or Omnilinx incurs any costs, expenses and/or damages in connection with the integration of the Works into the Software, Customer agrees to indemnify Omnilinx immediately upon notice for all such penalties, claims, losses and expenses incurred, including court costs, reasonable attorney’s/lawyer’s fees. This provision shall survive termination of your use of the Software and Services.

 

 

21. RECORDING OF VOICE MESSAGES

 

21.1.              At the Customer’s assignment, upon payment of the appropriate conideration and upon receipt of Omnilinx’s confirmation, Omnilinx may arrange for the recording of voice messages to be integrated into the Software and played during conversations through the Customer’s account, collectively referred to as "Voice Messages".

21.2.              The text and content of the Voice Messages shall be approved by Customer, and Customer shall be solely responsible for ensuring that the content of the Voice Messages complies with applicable law and includes the information required by law when making calls through Customer’s account, including but not limited to the requirements of the Personal Data Protection Act, the Consumer Protection Act, etc.

21.3.              In the event Customer fails to secure approval of the text and content of the Voice Messages as required by Omnilinx, Omnilinx shall have no obligation to perform and shall not be liable for the performance of its obligation to record and integrate the Voice Messages into the Software.

21.4.              The Customer agrees that it shall be granted the non-exclusive right to use, for the duration of the Agreement between the parties, the Voice Messages solely and exclusively through their integration by Omnilinx into the Software for the purpose of their public reproduction in conversations in the Customer’s account on the Software for the duration of the Agreement. The Customer shall not acquire any other rights in the Voice Messages, shall not receive or request recordings of the Voice Messages in any medium or by any means, shall not use the Voice Messages in any manner other than as expressly described above, including the right to adapt, alter or incorporate them into other works, shall not store, distribute, make available to third parties or reproduce publicly, either itself or through a third party.

21.5.              In the event that any claims are brought against Omnilinx by third parties in connection with the text and content of the Voice Messages approved by the Customer, or Omnilinx is subject to financial or other penalties by governmental authorities, or Omnilinx incurs any costs, costs and/or damages in connection therewith, the Customer shall immediately upon demand indemnify Omnilinx for all such penalties, claims, losses and expenses incurred, including court costs, reasonable attorney’s/lawyer’s fees. This provision shall survive termination of use of the Software and Services.

 

22. CONFIDENTIALITY

 

22.1.     The Parties undertake to treat the information in connection with the use of the Software and Services, including as agreed in the Agreement, as a trade secret of the strictest confidentiality, not to disclose and/or communicate to third parties any technical, financial or commercial information information related to the use of the Software and Services, the Platform, and/or the Agreement, if any. The Customer shall restrict access to information relating to the use of the Software and Services, the Platform and/or the Agreement to those of its employees to whom the same is necessary for the Customer’s use of the Services and to ensure that any such employee complies with the obligations set out in this clause. The Customer shall be solely responsible for any breach of the confidentiality obligations of persons to whom the Customer has disclosed confidential information.

22.2.     The obligation of confidentiality shall not apply to information the disclosure of which is required by law or by a competent governmental authority, or which is necessary to protect a legitimate interest of either Party before the competent court, which was in the possession of the receiving Party before the disclosure which was in the public domain at the time of disclosure or becomes part of the public domain without breach of confidentiality obligations, which is disclosed by a third party without breach of the confidentiality obligation owed to the disclosing party or is independently developed by the receiving party, which does not have access to the confidential information.

22.3.     Information related to the organization and commercial activity of the Parties, including financial and accounting information, description of equipment, software components (software products), any information related to the Services, Software, their components, including program code, data shall be considered confidential for personnel, counterparty data, personal data, inventory, utility models, know-how, technological solutions, as well as instances of the practice of the Parties, with the exception of information that the Party has expressly designated as non-confidential, of generally known facts or of information , which the Party itself has made publicly available (for example, through commercial advertising, statements to the media, information on its public website, etc.). Any information concerning customers of the Parties that has come to their knowledge in connection with their use of the Services shall also be deemed confidential.

22.4.     Information concerning the material elements of the Agreement, where the Parties have entered into such Agreement, and advertising and other publication materials may be disseminated upon mutual written agreement of the Parties.

22.5.     Each Party shall not use the Confidential Information provided between the Parties for purposes other than those provided for in these General Terms and Conditions and/or the Agreement, to keep the Confidential Information strictly confidential and not to disclose any part of it to third parties unless otherwise agreed in the Agreement or where required for the performance of obligations under the Agreement, and to take such measures as may be necessary to prevent unauthorised access to the Confidential Information provided between the Parties.

22.6.     Omnilinx shall make all reasonable efforts to maintain the confidentiality of any data, processes or personal information entered, stored or uploaded to the Software by the Customer or the Customer’s employees.

22.7.     The Customer shall ensure confidentiality with respect to the source code of the Software and all of its elements, methods of operation and functionality without limitation as to time and notwithstanding termination of use of the Software.

22.8.     The Customer shall at all times protect and maintain the confidentiality of all Omnilinx technology, Software, data and products, and any non-public business, financial or marketing data or information. No reproduction, use or disclosure of such information may be permitted without Omnilinx’s prior written consent on a case-by-case basis.

22.9.     The Customer shall ensure that all of its employees fully comply with these confidentiality obligations.

22.10. In case of violation of the confidentiality clauses, the non-complying Party shall pay to the complying Party compensation for the caused damages.

 

 

23. PRICES AND PAYMENT

23.1.     The Customer shall pay Omnilinx the applicable fees for the provision of the Services – the subscription fees and other fees and amounts set forth in the Agreement for the Subscription Plan selected by Customer. The Services for which payment is due are described in the relevant Subscription Plan. Omnilinx shall not be obliged to provide Services that are not expressly selected, requested and paid for by the Customer, except for Services included in the Free Plan, which Omnilinx shall provide in accordance with these General Terms and Conditions once selected and requested by the Customer via the Platform.

23.2.     The price of the Service payable by the Customer pursuant to the Agreement may include one-off and monthly fees.

23.3.     The price for the provision of the Services shall become payable by the Customer from the commencement date of the provision of the relevant Services. The Parties agree and the Customer expressly agrees that where the Customer has commenced use of the relevant Service, the Service shall be deemed to have been accepted and approved, irrespective of whether an Acceptance Protocol has been signed, and the Price for the provision of the Services shall be payable from the date on which the Customer commences use of the relevant Service, even if the Customer has not signed an Acceptance Protocol. Use of the Services may also be evidenced by a statement from Omnilinx’s system.

23.4.     The Customer may be liable to pay one-off installation charges for particular Services if this is specified in the Agreement. In this case the Customer shall pay the relevant one-off installation fee within 5 working days of entering into the Agreement. In the event that the Customer fails to pay any one-off installation fee specified in the Agreement, Omnilinx shall be entitled to refuse to provide any Services under the Agreement and to terminate the Agreement by notice to the Customer without prior notice or compensation.

23.5.     For the use of all Services included in the Subscription Plans, except for the Services in the Free Plan, the Customer shall pay the relevant monthly subscription fee from the first to the tenth of the current month at the prices agreed in the Agreement. In the event of any default in payment of any monthly fee after the 20^th day of the month to which it relates, Omnilinx shall be entitled to suspend the Services without any notice or compensation to the Customer. In the event of default in payment of the Monthly Fee after the 30^th day of the month to which it relates, the Provider shall be entitled to terminate the Agreement by Notice to the Customer without any prior notice or compensation being due.

23.6.     The Customer shall pay the amounts due to the Omnilinx bank account specified in the payment document issued (proforma invoice, invoice).

23.7.     The payment is, on the one hand, a voluntary statement by the Customer that he agrees to pay in advance for the Services and, on the other hand, an electronic declaration by the Customer that he agrees to these General Terms and Conditions as well as the individual terms and conditions for the specific subscription plan, which he has read and approved.

23.8.     Omnilinx shall not be liable to refund any amounts already paid. Even if the Customer decides to unilaterally terminate the use of the Software and Services, such termination shall be deemed to take effect upon the expiration of the term for which the Customer has already paid, and Omnilinx shall not be liable for any refunds received.

23.9.     All bank charges, bank commissions, exchange rate losses or commissions and other costs and fees associated with payments shall be borne by the Customer. The Customer shall take all necessary action and pay all necessary incidental fees and expenses so that Omnilinx receives the full amount of the price due.

23.10. In the event of any delay in payment of amounts due by the Customer, the Customer shall pay Omnilinx a late payment penalty for each day of delay at the rate of 0.2% of the amount due, but not more than an amount equal to the amount due.

23.11. The prices of the Services provided will be indexed to the Consumer Price Index in Bulgaria, December of the previous year =100, published by the Bulgarian National Statistical Institute at https://www.nsi.bg/bg as of 1 January 2023.

 

24. TERMINATION

 

24.1.     A Customer who has subscribed to Omnilinx’s free plan may terminate its use of the Software and Services by providing written notice to Omnilinx.

24.2.     In the event that a Customer who has subscribed to Omnilinx’s free plan violates any legal requirements, these General Terms and Conditions or any requirements/usage instructions available on the Platform, posted on the Website or otherwise provided by Omnilinx, Omnilinx shall have the right to immediately terminate the use of the Software and Services without notice, warning or any compensation to the Customer.

24.3.     The Agreement signed between the Parties shall terminate:

1.       upon expiration of the Agreement Term;

2.       upon the dissolution and winding up of one of the Parties or the opening of insolvency proceedings for the Customer;

3.       by mutual written agreement of the Parties;

4.       upon seizure or sealing of the Equipment by governmental authorities;

5.       in the event of a breach by the Customer of the Agreement and/or the General Terms and Conditions, by Omnilinx without prior notice or compensation;

6.       by one month’s written notice from one party to the other.

24.4.     In the event that the Customer terminates the Agreement early without complying with the one month’s notice period, the Customer shall owe Omnilinx a penalty in the amount of one month’s subscription fee.

24.5.     If Omnilinx has received the full amount for the Term of the Agreement but the Agreement is terminated before the expiry of the Term for a reason for which Omnilinx shall not be responsible, Omnilinx shall not be liable to refund any amounts prepaid to the Customer.

24.6.     In the event that the Agreement is terminated by Omnilinx due to the Customer’s default, the Customer shall owe Omnilinx liquidated damages in the amount of the consideration due for a period of one month.

24.7.     The use of the Software and Services and/or the Agreement may be terminated in the event that new licensing requirements, permissions, rulings, etc., legal requirements and/or requirements of Omnilinx’s partner suppliers are introduced and the relevant applicable requirement cannot be fulfilled, respectively the necessary license or permission cannot be obtained, or if the requirement is fulfilled to the extent that the Services cannot be provided by Omnilinx and/or its partner suppliers.

24.8.     Omnilinx may immediately terminate the use of the Software and Services and/or the Agreement by unilateral notice to the Customer in the event that new legislative requirements are introduced or legislative requirements are changed in such a way that the provision of the Services by Omnilinx is impossible or economically unreasonable.

24.9.     Upon termination of use of the Software and Services and/or termination of the Agreement, all rights of the Customer relating to the use of the Services shall terminate and the Customer shall not be relieved of its obligations to pay Omnilinx any amounts due at the date of termination.

24.10. Upon termination of use of the Software and the Services and/or the Agreement, the Software shall be non-functional and the Customer shall immediately lose the right to access and use the Software and the Services through the Platform. The Customer shall not be entitled to make any claim or demand for any damages or other relief in connection with the termination of the functionality of the Software.

24.11. In the event of unauthorized use of the Software by the Customer after Omnilinx terminates the Agreement or the Customer’s access to the Software, the Customer shall pay to Omnilinx a penalty in the amount of the total annual fee set forth in the Agreement, or in the event that the Customer has used the Services by subscribing to the free plan, the Customer shall pay a penalty in the amount of BGN 10,000.00 (ten thousand). The liquidated damages under this Article 16.11 shall be due notwithstanding any limitations of liability set forth in the Agreement or these General Terms and Conditions.

24.12. Any termination of use of the Software and Services shall be final. The Customer shall not be entitled to renew its use of the Software and Services unless otherwise expressly agreed in writing by both parties. In connection with termination, Omnilinx shall not be liable for any damages or lost profits or other compensation related to the expiration of the Term or the termination of use of the Software.

24.13. In all cases of termination, Omnilinx shall have the right to immediately block Customer’s access to the Software and the Platform and delete all data entered by Customer, including immediately deleting Customer’s Account from the Platform, disabling Customer’s access to the Software and Customer’s Account, and deleting all information, correspondence, and materials, without notice, notice, or compensation of any kind to Customer. In such event, Omnilinx shall not be liable for any loss of Customer Data or other damages.

24.14. Upon termination, regardless of the reasons therefore, Omnilinx shall have no obligation and shall not be liable for the retention or storage of the data and information entered by the Customer up to the date of termination. Upon termination, Omnilinx shall have the right, but not the obligation, to retain such data for a period of twelve (12) months after the date of termination for the purpose of Customer’s use of the data in any future resumption of use of the Services.

 

25. PROTECTION OF PERSONAL DATA

 

25.1.    In providing the Services to Customers, Omnilinx may act as a Data Controller and a Data Processor.

25.2.    Omnilinx has the capacity of a Data Controller when it processes personal data for its own purposes. In such cases, Omnilinx shall process the personal data as described in the Privacy Notice in relation to the processing of personal data and to comply with any obligations arising under applicable data protection legislation.

25.3.    Omnilinx shall act as a Data Processor when it processes Personal Data of Data Subjects on behalf of Customers and for the sole purpose of providing its Services to them. Omnilinx shall do so within the framework of and in accordance with the Customers’ instructions and in accordance with these General Terms and Conditions and the Data Processing Annex to these General Terms and Conditions, which forms an integral part thereof.

 

26. FORCE MAJEURE

 

26.1.     The Parties shall not be liable for any failure to perform their obligations under the Agreement and/or these General Terms and Conditions resulting from circumstances beyond their control – situations of force majeure, fortuitous events, problems on the global internet network or electronic communications networks or in the provision of services beyond Omnilinx’s control, or in the event of unauthorised access or intervention by third parties in the operation of the Software and Services.

26.2.     In the event that the requirements of the preceding point are met, none of the Parties shall be liable to the other for failure of its obligations under the Agreement and/or these General Terms and Conditions, for the period in which such fulfilment is delayed or prevented by circumstances beyond its control, which include, but are not limited to, fire, flood, war, embargo, strike, riot, inability to provide materials and transportation facilities, power outage, internet failure, non-provision of services, beyond the control of the parties (power supply, electronic communication services, etc.), changes in the legislation and/or intervention of a state authority, related to the provision and/or use of the Services, and in each case the Party affected by the force majeure does not violate the Agreement and/or the General Terms and Conditions under otherwise ("force majeure").

26.3.     A party who suffers a force majeure event shall not be deemed to be in breach of Agreement if: it has promptly notified the other Party of the nature and extent of the Force Majeure Event, and (b) it has made all reasonable efforts to prevent the Force Majeure Event from occurring and to minimize its consequences to the other Party.

26.4.     If performance of the obligations of the Party affected by a Force Majeure Event is delayed or prevented for more than 60 days, the Party affected by the other Party’s inability to perform its obligations shall have the right to immediately terminate use of the Software upon written notice.

26.5.     Suspension of performance under such circumstances shall not apply to late payments of amounts that were due prior to the occurrence of the Force Majeure Event.

 

27. NOTICES

 

27.1.    The Parties shall give all notices to each other only in writing at the addresses specified by the Parties and notices shall be delivered by courier, registered mail or email. If either Party fails to notify the other Party of a change of address in a timely manner, notices sent to the previously notified address shall be deemed to have been duly received.

27.2.    Notices sent by e-mail shall be deemed to have been delivered if the addressee has replied to the notice or has acknowledged receipt. Written communications shall be deemed to have been received by the parties if they have reached the address indicated by them.

27.3.    All notices between the Parties, unless otherwise expressly agreed or directed, shall be sent to the following addresses:

27.3.1. Notices to Omnilinx:

Address: Sofia; 11 Magnaurska Shkola Street, floor 11; Office 315

E-mail address: hello@omnilinx.com

27.3.2. Notices to the Customer: to the email address specified in the Customer Account.

27.4.    All notices between the Parties, where a Agreement has been entered into between them, shall be delivered by courier, registered post or email to the addresses specified in the Agreement.

 

28. GENERAL PROVISIONS

28.1.     The applicable law shall be Bulgarian law.

28.2.     All disputes arising out of or in connection with the Agreements and/or these General Terms and Conditions or relating thereto shall be settled between the parties voluntarily by negotiation, and in the event that they cannot be settled voluntarily, the disputes shall be referred for resolution by the competent Bulgarian court in Sofia.

28.3.     In the event that any provision of the Agreement or the General Terms and Conditions is declared null, void or unenforceable, this shall not render the entire Agreement and/or the General Terms and Conditions null, void or unenforceable.