General Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE USE OF SUPER 5 SERVICES
I. SUBJECT MATTER
1.1. These General Terms and Conditions („General Terms and Conditions“) govern the relationship between „Super 5 Bulgaria“ EOOD, UIC: 208112680, with its registered office and address of management at: Varna, Primorski District, 73 Mir St., 5th Floor („Provider“), and the users of the Super 5 platform’s services („Customers“), in connection with the provision of websites and online stores for rent.
1.2. Super 5’s services include the provision of websites and online stores, hosting, technical support, web design, and other related and additional services, in accordance with the subscription plan selected by the Customer.
1.3. By accepting these General Terms and Conditions, the Customer declares that he or she is familiar with them, agrees to their content, and undertakes to comply with them.
1.4. These General Terms and Conditions are binding on all Customers who use Super 5’s services, regardless of the subscription plan they have chosen.
II. SUPPLIER INFORMATION
2.1. Information pursuant to the Electronic Commerce Act:
– Name: „Super 5 Bulgaria“ EOOD
– Registered office and business address: Varna, Primorski District, 73 Mir St., 5th floor
– EIK: 208112680
– Contact information: info@super5.bg
– Website: super5.bg
III. DEFINITIONS
3.1. „Website“ – a web page or group of web pages made available to the Customer for use on a rental basis in accordance with the selected subscription plan.
3.2. „Online Store“ – a website with e-commerce features, provided to the Customer for use on a rental basis.
3.3. „Subscription Plan“ – a set of services provided by the Provider for a specified period in exchange for payment.
3.4. „Customer“ – a natural or legal person who uses Super 5’s services.
3.5. „Administrative Panel“ – an interface for managing the website or online store, provided to the Customer.
3.6. „Modernization“ – an update to the design, features, and performance of the website or online store, provided every 48 paid monthly fees.
3.7. „Hosting“ – a service for storing a website or online store on a server, as well as email functionality.
3.8. „Content“ – text, images, videos, audio files, and other materials uploaded by the Customer.
3.9. „Adon Service“ – additional functionality for the main website or online store that can be added for an additional fee.
3.10. „Purchase of the Website“ – the transfer of full rights to the website or online store to the Customer in exchange for payment of the full market value.
3.11. „SEO services“ – a set of techniques for optimizing a website to improve its visibility in search engines.
3.12. „Full Ownership“ – a status under which the Customer acquires all rights to the website, including the right to modify, transfer, and control the hosting and domain.
IV. SERVICE CHARACTERISTICS
4.1. The Provider shall provide the Client with the following services:
– Creation and provision of a website or online store on a rental basis;
– Website or online store hosting, as well as email server service;
– Access to the website's admin panel;
– Modernization in accordance with current conditions.
4.2. The services are provided in accordance with the subscription plan selected by the Customer, which determines the scope and parameters of the services provided.
4.3. The Provider may make changes to the characteristics of the services, provided that it notifies the Customer within a reasonable time.
IV-A. PLANS FOR THE WEBSITE AND ONLINE STORE
4A.1. The provider offers three subscription plans for websites (Starter, Standard, Professional) and three plans for online stores (Basic, Advanced, Premium).
4A.2. The differences between the two types of plans are as follows:
– Websites: primarily intended to provide information and serve as a showcase (portfolio, services, contact information, company profile).
– Online stores: an advanced e-commerce module (product management, shopping cart, payments, shipping, order statistics, and integrations).
4A.3. Detailed parameters for each plan are available on the website and are subject to change without prior notice.
IV-B. ADDITIONAL SERVICES
4B.1. Additional Services (added to the basic package):
– Multilingualism
– Analytical Tools
– Additional contact forms
– Social media integrations
– Custom features, etc.
4B.2. One-time services:
– SEO Optimization (for WordPress)
– Local SEO
– Technical SEO
– SEO audit
– On-page SEO
– Link Building
– Creating Google Business profiles
– Creating social media profiles
– Google Ads and other advertising campaigns
– Design of logos, banners, and graphic materials
– Copywriting Services
4B.3. Prices and terms are determined on a case-by-case basis.
V. REGISTRATION AND ENTERING INTO A CONTRACT
5.1. To use the services, the Customer must register by selecting a subscription plan and providing the necessary information.
5.2. The contract is deemed to have been concluded upon acceptance of these terms and conditions and upon making the first payment.
5.3. The customer is responsible for the accuracy of the information provided during registration.
5.4. The Provider reserves the right to refuse registration or services in the event of a violation of the terms and conditions or the law.
VI. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Supplier is required to:
– provides the services included in the plan selected by the Customer;
– stores data on servers located in the EU;
– notifies users of important changes;
– Provides hosting, system support, email features, and regular updates.
6.2. The customer must:
– uses the services in good faith;
– does not publish illegal or unethical content;
– pays what is due on time;
– assumes responsibility for the content of the website or online store.
VI-A. OWNERSHIP AND RIGHTS TO THE WEBSITE
6A.1. The websites and online stores provided on a rental basis remain the property of the Provider until they are purchased by the Client.
6A.2. The customer has the right to purchase the website or online store for a payment equal to 40 monthly installments from the subscription plan of their choice. This price is fixed and does not depend on the duration of the subscription.
6A.3. When calculating the final buyout amount, the monthly fee that the Customer actually paid at the start of their subscription is taken into account, rather than the price in effect at the time of the buyout.
6A.4. Upon payment of the redemption amount, the Customer receives:
– full rights to the code, design, and content of the website or online store;
– the right to transfer the domain (if registered by the Provider) to your own registration account;
– all files and databases stored on the server;
– project documentation and maintenance instructions.
6A.5. Some of the software components used (e.g., Elementor Pro, AIO SEO Premium) are included in the subscription plans and licensed by the Provider for the duration of the subscription. After the subscription expires, the Customer is required to obtain separate subscription licenses for these components, which may be purchased either directly from the manufacturer or through the Provider under a separate agreement.
6A.6. If the domain was registered by the Provider on behalf of the Customer, upon redemption, the Provider shall transfer ownership of the domain to a registrar account specified by the Customer. Transfer fees are determined by the selected registrar and typically include a fee equal to the cost of renewing the domain for one year (for example, 35 BGN for a .com domain). The Customer is responsible for all fees associated with the transfer.
6A.7. The buyback procedure is initiated upon a written request from the Client and is carried out on the basis of an individual agreement specifying the terms regarding the method and timing of payment.
6A.8. Following the transfer of ownership of the website, online store, and/or domain, the Customer may continue to use only the hosting service by renewing a separate hosting subscription plan, without any additional elements of the package (web design, functional updates, system or technical support).
6A.9. After the buyout, the Provider shall not continue to provide any type of service—neither system support nor technical support for the website or online store—unless a separate agreement has been entered into.
6A.10. The Provider reserves the right to withhold access to the control panel and the database until payment and the domain transfer have been definitively confirmed.
6A.11. The Customer assumes the risk of data loss or loss of functionality when migrating to another service provider and must provide a backup and recovery plan, as the Provider is not responsible for corrections or recovery once the process is complete.
6A.12. All rights and obligations regarding licensed software and domains transferred to the Customer shall be fulfilled directly between the Customer and the respective software and domain service providers.
VII. PRICES, RIGHT OF WITHDRAWAL, AND PAYMENT
7.1. Fees and Frequency
– The customer chooses between monthly and annual billing when signing the subscription agreement. Annual plans are offered at a 10% discount compared to the equivalent monthly price.
7.2. Payment Methods
– Bank transfer (based on the information on the pro forma invoice)
– Payment by debit or credit card through the Provider’s payment portal
– Payment via EasyPay or ePay (with a cashier's ID code or online)
– Other methods approved by the Provider
7.3. Subscription Renewal
– When paying by card, the subscription renews automatically.
– For bank transfers, EasyPay, ePay, or other payment methods that do not support automatic renewal, the Provider sends a reminder via email 7 days before the due date and provides a new pro forma invoice or payment reference number.
7.4. Nonpayment and Service Suspension
– If the fee is not paid by the end of the 7-day grace period following the due date, the Provider will send an additional reminder.
– If payment is not made within 14 days of the due date, access to the website or online store will be temporarily suspended.
– If the delay exceeds 30 days, the subscription is terminated and all data is archived for a period of 30 days, after which it may be deleted.
7.5. Refunds and Right of Withdrawal
– The customer is entitled to a one-time full refund of the amount paid if they cancel within 14 calendar days of the date the subscription was initially activated, without having to provide a reason.
– After the 14-day period has expired, payments are non-refundable, except in cases of technical malfunctions or failure to provide the agreed-upon services, as evidenced by a complaint.
7.6. Late Fees and Interest
– If payment is more than 30 days late, statutory interest for late payment will be charged on the overdue amount.
7.7. Special Prices and Promotions
– Promotional prices are valid only for the initial period and do not apply upon renewal, unless otherwise agreed in writing.
VII-A. RIGHT OF WITHDRAWAL AND REFUND
7A.1. The customer has the right to cancel the services at any time without incurring any penalties.
7A.2. If the cancellation is requested within 14 calendar days of the date of the subscription’s initial activation, the Customer will receive a full refund of the amount paid to date.
7A.3. In the event of a valid complaint regarding the quality of services filed after the 14-day period has expired, the Customer may request a refund of the most recent monthly fee paid. The request will be reviewed and responded to within 7 business days.
VIII. WEBSITE MODERNIZATION
8.1. Every 4 years, the Client is entitled to a free upgrade, including design updates, UX, images, backend adjustments, security, and functional improvements (excluding updates to the product catalog and core content, unless otherwise agreed).
8.2. The procedure, timeframe, and scope shall be agreed upon in advance with the Client.
IX. TERMINATION OF THE AGREEMENT
9.1. The contract is terminated:
– upon expiration of the subscription, which is not subject to renewal;
– by mutual agreement of the parties;
– in the event of a breach of these terms and conditions by the Customer;
– by unilateral decision of the Provider in the event of serious or systematic misconduct on the part of the Customer (including the use of rude, offensive, or discriminatory language, or violations of proper conduct or the code of ethics).
9.2. Access to the website or online store continues until the end of the current subscription period for which payment has already been made.
9.3. Upon expiration of this period, access shall be terminated, and all of the Customer’s data and files shall be retained by the Provider for a period of up to 30 days, unless otherwise agreed in writing or a court order requiring longer retention is in effect.
X. LIABILITY
10.1. Content and Third Parties
– The Provider is not liable for any content published or provided by the Customer, including content that is illegal, offensive, discriminatory, or infringes on the rights of third parties.
– The Customer warrants that it holds all necessary rights and licenses for the published content and shall indemnify the Provider against any claims, expenses, and damages arising from a violation of those rights.
10.2. Exclusion of Damages
– The Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business reputation, even if it has been notified of the possibility of such damages.
10.3. Limitation of Liability
– The Supplier’s total maximum liability on any grounds related to this agreement may not exceed the sum of the subscription fees paid by the Customer over the past six calendar months.
10.4. Force Majeure
– The Provider shall not be liable for any failure to perform or delays in performance due to force majeure, including, but not limited to, natural disasters, wars, epidemics, strikes, actions by government authorities, or interruptions in Internet service or power supply.
10.5. SLA and Business Continuity
– The provider guarantees 99.9% annual uptime for the hosting service, excluding scheduled maintenance (48 hours' advance notice).
– In the event of non-performance, the Provider shall extend the subscription in proportion to the duration of the outage, but not more than 10% of the annual subscription.
10.6. Notification and Correction
– The Customer must notify the Supplier in writing of any claims within 14 days of discovering the alleged breach or damage. The Supplier has 30 days to remedy the issue or propose an alternative solution.
10.7. Indemnification
– The Customer shall indemnify and hold the Provider harmless from any damages, expenses, court fees, and claims arising from:
(a) a violation of these General Terms and Conditions or applicable law;
(b) unlawful content uploaded by or on behalf of the Customer;
(c) misuse of the services.
10.8. Disclaimer of Warranties
– The services are provided „as is“ and „as available.“ The provider makes no other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or that the software is error-free.
10.9. Termination of Rights
– Nothing in this section limits the Provider’s rights to seek relief in court or through arbitration for intellectual property infringement or misuse of the services.
XI. DATA PROTECTION (GDPR)
11.1. The Provider processes Customers’ personal data as a data controller in accordance with Regulation (EU) 2016/679 (GDPR), the Personal Data Protection Act, and other applicable laws and regulations.
11.2. The Privacy Policy is available on the Provider’s website and describes:
– The types of data collected (name, email, phone number, IP address, payment information, etc.);
– The purposes of their processing (performance of a contract, technical support, marketing, legal obligations);
– Legal grounds for processing (performance of a contract, legal obligations, legitimate interests, consent);
– Retention periods and the criteria for determining them;
– Potential recipients of the data (web hosting providers, payment processors, etc.).
11.3. Customers have the right to:
– request access to their personal data;
– request the correction of inaccurate or incomplete data;
– request erasure („right to be forgotten“), unless the law requires otherwise;
– restrict the processing of the data;
– exercise their right to data portability;
– object to the processing when it is based on legitimate interests;
– withdraw their consent where it has been requested for a specific purpose.
11.4. To exercise these rights, Customers may contact the Provider:
– Email: info@super5.bg
– телефон: 0877722585
or through the online contact form available in the „GDPR“ section of the website.
11.5. In the event of a personal data breach, the Provider shall notify the competent supervisory authority (CPDP) and the affected Customers within 72 hours of its detection, unless it is unlikely to pose a risk to the rights and freedoms of natural persons.
11.6. The provider conducts periodic audits and training sessions for its employees to ensure compliance with the principles of confidentiality, integrity, and availability of personal data.
XII. HOSTING SERVICES
12.1. Description and Scope
– Storage of web files, databases, and email features.
– The servers are located in data centers in the European Union (Germany).
– Integrated security measures: DDoS filtering, web application firewalls (WAF), automatic security updates.
– Access to server logs and available statistics on traffic and resource usage.
12.2. SLA and Warranties
– Annual uptime guarantee of 99.9%, calculated on a monthly basis, excluding scheduled maintenance (48-hour advance notice) and force majeure events.
– Automated real-time monitoring and alerts in the event of deviations from normal operation.
– In the event of a breach of the guarantee, the subscription is extended in proportion to the time during which service was unavailable, but not to exceed 10% of the annual subscription.
12.3. Response Time and Support
– Critical issues (complete unavailability): response within 2 hours.
– Standard issues (partial malfunction): response within 24 hours.
– Requests for changes and optimizations: response within 48 hours.
– Support is available on business days from 9:00 a.m. to 6:00 p.m.; urgent incidents are handled 24 hours a day.
12.4. Data Backup and Recovery
– Automatic backups of the Customer's data every 24–48 hours, stored for a period of 7 days.
– Restoration from a backup at the Customer’s request is free of charge up to 3 times per year; each subsequent restoration is billed separately.
12.5. Rights and Obligations
– The provider offers SSL certificates, firewalls, daily malware scans, and regular updates to the server platform.
– The customer is responsible for maintaining the confidentiality of their usernames and passwords and for following best security practices (e.g., two-factor authentication).
12.6. Restrictions
– It is prohibited to use the hosting space to store or distribute files that are not related to the website or online store (e.g., torrents, large multimedia archives).
– If any violations are detected, the Provider shall notify the Customer of the necessary corrections; in the event of repeated or serious violations, the Provider may suspend access immediately.
12.7. Resource Expansion
– The customer may request an increase in disk space, RAM, or data transfer at any time for a monthly fee, which takes effect starting with the next billing cycle.
12.8. Logos and Reporting
– The provider grants access to server logs and a resource usage report upon request.
– The customer may request a monthly report on the use of hosting resources and any incidents.
XIII. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
13.1. The supplier has the right to make changes with 15 days' advance notice. The customer may terminate the contract if he or she does not agree.
XIV. DISPUTE RESOLUTION
14.1. The two parties undertake first to make every effort to resolve disputes voluntarily through negotiations and mutual consultations.
14.2. If an agreement cannot be reached within 30 calendar days of the initial notification of the dispute, the dispute shall be submitted to mediation before the Bulgarian Institute for Mediation or another mutually agreed-upon mediation body.
14.3. If mediation does not result in the resolution of the dispute within the next 30 calendar days, the dispute shall be referred for resolution to the competent court in the Republic of Bulgaria at the Supplier’s place of business.
14.4. The applicable language of proceedings for all disputes is Bulgarian, and the applicable substantive law is Bulgarian law.
14.5. Out-of-court costs, including mediation fees and attorneys’ fees, shall be borne by the party claiming compensation or seeking a modification of rights, unless the mediation agreement or court decision provides otherwise.
XV. FINAL PROVISIONS
15.1. These General Terms and Conditions are governed by Bulgarian law.
15.2. If any provision is invalid, this shall not affect the validity of the remaining provisions.
15.3. These Terms and Conditions take effect upon their publication on the website.
XVI. WORKING HOURS
16.1. Business hours: Monday–Friday, 9:00 a.m.–6:00 p.m.
16.2. Outside business hours—inquiries are processed on the first business day.
XVII. DOMAINS
17.1. Ownership and Control of the Domain
Upon execution of a contract, all domains registered through or on behalf of the Provider, regardless of whether they have been paid for by the Customer, remain the exclusive property of the Provider until a valid transfer takes place upon redemption of the website in accordance with Article 6A.
17.2. Rights Upon Termination of the Subscription
Upon termination of the subscription without an expressly agreed buyout, all rights to the domain remain with the Provider. The Customer has no right to transfer, renew, or continue using the domain after the service has been terminated.
17.3. Right of Use After Termination
Upon termination of the contract, if the domain has not been transferred in accordance with these General Terms and Conditions, the Provider shall have the right to use, lease, transfer, or redirect the domain at its sole discretion, including for portfolio, advertising, or other commercial purposes, without the need for the Customer’s consent.
17.4. Transfer upon Redemption
The customer may initiate a domain transfer to their own registrar account under the following circumstances:
– termination of the subscription upon expiration of the current paid period; or
– purchasing the website or online store.
17.5. Transfer Terms and Conditions
When purchasing a website or online store, the domain transfer is free, provided that the request is submitted in writing no later than 10 days before the subscription expires.
17.6. Transfer Fees
For a transfer without redemption, the Customer is required to pay an administrative fee of 50 BGN and the fees set by the selected registrar (typically a 1-year renewal fee, e.g., 35 BGN for a .com domain).
17.7. Transfer Procedure
The provider transfers ownership and administrative rights to the domain after final confirmation of payment of the applicable fees and completion of all required administrative procedures.
17.8. Liability for Nonperformance
The Provider shall not be liable for the loss or termination of the domain registration if the Customer has not submitted an application or made the required payments within the specified timeframes.
17.9. Expenses After the Transfer
All costs and responsibilities related to the ongoing maintenance and renewal of the domain after the transfer are the responsibility of the Customer.
17.10. Declaration of Consent
By accepting these General Terms and Conditions, the Customer expressly declares that he or she is familiar with the rules governing domain ownership and agrees that ownership of the domain does not automatically transfer to him or her upon termination or cancellation of the subscription, except in the case of an explicit purchase or transfer in accordance with these terms and conditions.
XVIII. QUALITY GUARANTEE
1. 30-day warranty
After payment for each order, the customer receives a 30-day guarantee on the quality of the service provided. The guarantee covers only technical malfunctions that arise during the development and operation of the website or online store, provided that normal conditions of use are observed.
2. Scope of the Warranty
The warranty covers only technical malfunctions, including, but not limited to: problems with website accessibility, slow loading times, or other system errors that interfere with the normal functioning of the service provided.
3. Clear Exclusions from the Warranty
The warranty does not cover the following cases:
o A lack of website visitors, which is the result of an inadequate marketing strategy, poorly targeted advertising campaigns, or a lack of activity on the part of the client.
o Website design issues that are not related to technical malfunctions, but rather to the selection or customization of a template or design elements.
o Failures resulting from text generated automatically using AI technologies, including content that does not meet the client's requirements due to incorrect parameters or settings.
o Ineffectiveness of advertising campaigns or marketing strategies, including advertising expenses that do not result in the desired traffic or sales.
4. Complaints Procedure
In the event of a technical malfunction, the customer has the right to file a complaint as follows:
o The complaint must be submitted in writing within 30 days of the problem being discovered by sending an email to our support team at: [your email address].
o Upon receipt of the complaint, we will acknowledge receipt and begin investigating the matter within 3 business days.
o Based on our assessment of the issue, if it falls within the scope of the warranty, we will make the necessary technical adjustments or offer an alternative within a reasonable time frame.
5. Legal Aspects
This warranty is provided in accordance with the provisions of Bulgarian law. For any disputes that arise and cannot be resolved through the claims process, the parties agree to refer the matter to the competent judicial authorities in the Republic of Bulgaria.
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These General Terms and Conditions take effect on the date of their publication on the official website of „Super 5 Bulgaria“ EOOD and apply to all new and existing service agreements.