The present General conditions regulate all rights and obligations of “APIS” on one hand and the clients of the legal and reference information systems under “APIS” mark on the other hand, and shall form an integral part of the agreement, executed between the parties for granting non-exclusive and temporary right of use of the legal and reference information systems under “APIS” mark (in their integrity and/or as their individual modules, incl. their on-line versions). The General conditions shall apply also in the cases, when it is issued only an invoice, delivery-and acceptance protocol and/or other documents, which certify the signing, implementation and termination of the contractual relations between the parties.
The present General conditions shall also regulate the relations between the parties, except if expressly provided otherwise, regarding the use of the legal and reference information systems under “APIS” mark (in their integrity and/or as their individual modules, incl. their on-line versions), as well as all other services, provided thereto on behalf of “APIS”. The General conditions shall apply upon use of the legal and reference information systems under “APIS” mark through internet, intranet, in local networks and on individual computers.
By execution of agreement for granting of non-exclusive and temporary right of use of the legal and reference information systems under “APIS” mark (in their integrity and/or as their individual modules, incl. their on-line versions), delivery-and-acceptance protocol and/or other documents, which certify that contractual relations the parties have been established, as well as by payment of an invoice or sending a sms for an on-line access to the legal and reference information systems under “APIS” mark ((in their integrity and/or as their individual modules), the client shall declare that he is aware of the present General conditions and he accepts them.
In case particular clauses of the General conditions are inconsistent with provisions from agreement, executed between the parties for granting of non-exclusive and temporary right of use of the legal and reference information systems under “APIS” mark (in their integrity and/or as their individual modules, incl. their on-line versions), the respective provisions of the agreement shall apply. Infringement of clauses of the General conditions shall be considered as infringement of the agreement and shall entitle the innocent party to unilaterally terminate it without being liable to the other party for any penalties or compensations.
І. GENERAL
1. For the purposes of these General conditions:
1.1. “APIS”appears producer of a data base by virtue of art. 93b of the Copyright and neighboring rights act (CNRA) and holder of all intellectual property rights over the legal and reference information systems under “APIS” mark (hereinafter referred to as „the APIS” system), as supplier of the “APIS” systems (in their integrity and/or as their individual modules, incl. their on-line versions) to the client can be any of the companies from the group “APIS”, to which have been granted rights for distribution.
1.2. „CLIENT" appears any natural person or legal entity, regardless of its legal form, sole proprietorship, unincorporated entity, non-governmental organization, foundation, state institution or budgetary-supported organization (ministry, agency, commission, etc.), town councils and other municipal bodies, embassies and etc., which have bought from “APIS” the non-exclusive and temporary right of use of the legal and reference information systems under “APIS” mark (in their integrity and/or as their individual modules, incl. their on-line versions).
1.3. „Legal and reference information systems “APIS"(hereinafter referred to as “APIS” systems) appear unity of computer programs and data bases, containing one or several programme modules and providing access to data bases with legal and inquiry (business-) information, installed on a local computer or network server (desktop version), web-server of the user (web-intranet version)or web-server of “APIS” (web version, accessible online in Internet).
2. "APIS" shall provide the client with non-transferable, non-exclusive and temporary right of use of the“APIS” systems (in their integrity and/or as their individual modules, incl. their on-line versions), according to the conditions and clauses of the present General conditions and the agreement, executed with the client for granting of non-exclusive and temporary right of use. The client shall not acquire (right of) ownership over the data bases, the software code, the design and the graphic images, nor over all the other elements of the“APIS” systems
3. The client shall be obliged to provide access to the “APIS” system (in their integrity and/or as their individual modules, incl. their on-line versions) or to updating files about them (no matter whether they have been received electronically, through internet or on an optic medium) only to his employees and only for business purposes.
4. The client shall be obliged not to provide access to the “APIS” system (in their integrity and/or as their individual modules, incl. their on-line versions) or to updating files about them (no matter whether they have been received electronically, through internet or on an optic medium) to third natural persons or legal entities, unincorporated bodies and NGOs, as this listing is not exhaustive, for use of these in any way or under any form, without the explicit preliminary written approval of “APIS".
5. In case the periodic (annual, monthly and/or other) subscription fees or if the subscription period has expired, the client shall lose his rights for access to services, related with the “APIS” system (in their integrity and/or as their individual modules, incl. their on-line versions).
6. ”APIS” shall notify the client that he may use a data collection technology for improvement and elaboration the “APIS” system, obtaining registration codes and inspection on the lawful use of the “APIS” system. Besides this it may provide related services in order to adjust them to the preferences of the client and to avoid the non-licensed or unlawful use of the “APIS” system. The client shall agree that “APIS” may use these data as a part of the services, which shall be provided in connection with the “APIS” system and that the client may receive marketing information.
7. "APIS” is a data controller by virtue of the Personal data protection act and it is entered in the register of the Commission for personal data protection (CPDP). “APIS” hereby guarantees that the information, received from the client in connection with the rising of contractual relations between the parties for use of the “APIS” system, shall be protected against illegal access and can only be used for marketing purposes of „APIS".
8. ”APIS” shall reserve its right to amend with no preliminary notice the “APIS” system and the General conditions for their use, when this is in conformity with the effective legislation or a particular agreement under a contract, executed by “APIS”. The present General conditions shall be accessible onapis.bg and the client shall be obliged to regularly inform himself on his own about changes in them. In case of amendments in the General conditions, “APIS” shall notify its clients in an adequate way through a message on apis.bg.
9. The present General conditions shall not apply to agreements, executed between “APIS” and clients, before their effective date .).
10. For issues, not settled in the present General conditions, shall apply the provisions of the Bulgarian legislation, regardless of the seat or residence of the parties. “APIS” and the client shall agree that the UN Convention on the international sale of goods (prom. In SG issue 36 of 5.05.1992) shall not apply in the relations between them.
ІІ. COPYRIGHTS AND NEIGHBORING RIGHTS
1. The trade marks “APIS” – combined and „The power of information" are owned by „APIS - Hristovich" EOOD and they appear subject of protection under the Bulgarian and international legislation for intellectual property protection.
2. The contents (the data bases and their management software) of the “APIS” system, including, but not limited to names, trademarks, comments, articles, analyses, expert developments and forms of documents, icons of documents and buttons, the design and etc., are subject of a copyright or neighboring rights with all rights, reserved for “APIS".
3. The loading and printing of documents, particular pages, sections and/or parts of documents shall be allowed under the condition that notes for a copyright or other rights related to the ownership over the “APIS” system shall not be removed.
4. The client shall have right to create copies of the documents, included in the contents of the “APIS” system and to store them according to the restrictions under i. 6. “APIS” shall reserve its right and it may at any time disallow the option for creation of copies of particular documents.
5. Any use, reproduction, change, transmission (electronically or in another way), display in public and etc. of a part or the whole contents of the “APIS” system with commercial goal or in order to be gained another benefit without authorization of “APIS” shall be prohibited and shall be prosecuted under the statutory order.
6. No one shall have the right to distribute with a commercial goal the whole or part of the data base and/or mediums with files from the base of the “APIS” system, resp. of their particular modules and/or updating files for it without the explicit approval of “APIS”. No one shall have the right to use and/or to provide to third parties the text or programme files of the “APIS” system, resp. of their particular modules for development of a software, for publishing and/or other type of activity, nor shall have the right to undertake any other activities, by which to infringe or to cooperate to be infringed the intellectual property rights of“APIS” over the „APIS" systems without the explicit authorization of “APIS".
7. The possession or use of the “APIS” system, resp. of individual modules without legal grounds shall appear infringement of the Copyright and neighboring rights act (CNRA) and the offender shall be liable under art. 96а, art. 96b and art. 97 of от CNRA, except if his offence appears more serious infringement, punishable under the Criminal code.
ІІІ. LIABILITY
1. The information, provided by “APIS” through the “APIS” system is of reference-informational nature. It does not appear a legal or expert advice, nor can it replace the specialized consultation on a specific issue by a qualified attorney-at-law, jurist, financial adviser or other competent specialist. This concerns also the cases, in which individual authors’ topics or expert developments contain comments or opinions on legal or financial-accounting issues. “APIS” shall not be liable for suffered damages or lost benefits, occurred as a result of non-adherence to this rule.
2. (Amend. by Decision of 09.08.2013, effective as of 10.09.2013) “APIS” uses as a source of the contained in the “APIS” system texts of effective and cancelled normative acts the official gazette of Republic of Bulgaria - „State Gazette". The texts on electronic medium, received by virtue of a contract with the editorial office of „State Gazette" are necessarily collated with the texts, published in the respective issue of the printed edition. Regardless of this, “APIS” notifies the client that according to art. 3, para 2 of the “State Gazette" Act, legal relevance have only the texts, published in the printed edition of „State Gazette", and for the acts of the European Union – the authentic electronic edition of „Official journal" of the European union (art. 297of TFEU and art. 1 of Regulation № (EU) № 216/2013 OF THE COUNCIL of 7 march 2013 on the electronic publication of the Official journal of the European union).
3. Source of the information, contained in the “APIS” system about the legal status and the economic activity of the companies and organization are the official public registers of the state institutions. The data from the Commercial register and BULSTAT register are received in an electronic form by the Registry agency by virtue of an executed contract. They are provided on the grounds of art. 11 of the Registry agency act. “APIS” provides this information to the client under the form it has been obtained as it guarantees that it does not make any changes in the data contents. „APIS" shall not be liable for mistakes or omissions in the data, obtained by the Registry agency, as well as in the cases, when these data do not correspond to the actual status of the legal subject for the fact that this subject has not fulfilled its obligations, imposed by a normative act, for declaring before the Registry agency newly arisen circumstances, which are subject of registration.
4. „APIS” shall be obliged to keep updated the whole contents of the “APIS” system as it shall use recognized experts and reliable sources („State Gazette", „Official Gazette", EUR-Lex, the Commercial register with the Registry agency, BULSTAT register, official publications and sites of the courts and the other state authorities, other registers maintained by the state and etc.). The update of the contents shall be made within reasonable terms as it shall be taken into account the technological terms for processing of the information, the creation of documents and the development of expert comments and opinions.
5. „APIS” hereby guarantees that the “APIS” system (in their integrity and/or as their individual modules, incl. their on-line versions) shall implement the fundamental purposes, for which they are designated and shall commit to solve the issues concerning their effectiveness, by resources and in time, corresponding to the implemented quality management standard ISO 9001:2008 and corresponding to the due diligence, and in its capacity of supplier of information services. The client shall give its consent for a remote access to his installation from employees and persons, authorized by“APIS”, when this is required for elimination of a mistake in the „APIS" systems, removal of occurred problems or correction in the data base or their ruling software, and this has been asked from the client. In such case “APIS” hereby guarantees that it shall keep confidentiality about all data, which have been unintentionally learned for the client.
6. „APIS” shall not be liable for defects of the “APIS” system (in their integrity and/or as their individual modules, incl. their on-line versions), which could be caused by external technical tools, hardware as well as drivers for it, installations of other program products or data bases management software, defects and problems in the operational system, unauthorized access to the data bases and attempts for any interference in it by unauthorized persons, copying of the data base, as well as after infection by viruses and/or as a result of their elimination.
7. “APIS” shall not be liable to any persons or organizations in relation to direct or indirect damages or losses, caused by the improper use or the inability and lack of experience for use of the “APIS” system, including (but not limited to) loss and damage of data, interruption of business links, money losses and lost benefits or profits as a result of use of the “APIS” system or as a result of the temporary impossibility to be used.
8. (Amend. by Decision of 09.08.2013, effective as of 10.09.2013) ”APIS” shall not be liable for the operation of the “APIS” system, if the computer, from which they are used, does not met the minimal technical requirements for use of the “APIS” system (in their integrity and/or as their individual modules). ”APIS” shall not be liable for the functioning of the “APIS” system, if the client has not provided or does not adhere to the technical requirements for the installation and for work with them. „APIS" shall not be liable for embarrassed and/or delayed use of the on-line version of the “APIS” system, if the internet-provider of the client has not provided at least 3 Mb/s speed of the internet service.
9. „APIS” shall implement the maintenance, update and expansion of the content of the data bases of the “APIS” system with the due diligence from the suppliers of information services, upon observing the requirements of the quality management standard ISO 9001:2008. Regardless of this, “APIS” shall notify the client that there might be particular mistakes in the contents or software of the “APIS” system, but it shall guarantee in all cases that the mistakes shall not disturb the normal and intended use of the systems. Meanwhile “APIS” shall hereby guarantee that after being notified by the client, it shall eliminate the made mistakes within a reasonable period in accordance with the technological requirements and on its own account. “APIS” shall not be liable if the mistakes have occurred as a result of a conflict with another software, subsequently installed by the client. The client shall be entirely liable for installation of such software.
10. The client shall be liable for the use of the “APIS” system (in their integrity and/or as their individual modules, incl. their on-line versions) by other persons. The “APIS” system (in their integrity and/or as their individual modules, incl. their on-line versions) may not be lended, hired, leased, made as presents, donated, transferred to other persons in any way. The client may not transfer the rights, obtained by virtue of the executed agreement and the present General conditions, except with the explicit preliminary consent of “APIS”. It is forbidden the de-compilation, reverse design or de-assembling (completely or partially) of the “APIS” system. The client may not make any changes (completely or partially) of the data bases and their management software, the services or any other documentation or material, accompanying the “APIS” system, without having the explicit approval of “APIS".
11. If during the term of an executed agreement for grant of non-exclusive and temporary right of use of the “APIS” system the integrity of the data base is interrupted for non-implementation of an obligation on behalf of “APIS”, APIS” shall be obliged to restore it within the quickest possible term. In case of interruption of the integrity of the data base through the client’s fault, „APIS" shall be obliged to restore it within the most quickest term after payment of the price for this service under the valid price list of “APIS".
12. ”APIS” shall not be liable for the information, contained in websites, to which there are references (hypertext links) from the “APIS” system.
13. (Amend. By Decision of 09.08.2013, effective as of 10.09.2013) The client shall guarantees that nor he nor the persons, who work for him and to whom is given access to the “APIS” system (in their integrity and/or as their individual modules, incl. their on-line versions), shall provide to third parties their user name and password to computers, on which are installed the “APIS” system. If the client, resp. the persons, who work for him find out that their user name and/or password, resp. The computer, on which are installed the “APIS” system, are stolen or if they doubt that third parties have learned them in some way or could in other way obtain access to the “APIS” system, they shall be obliged to immediately inform “APIS”. If he uses the on-line version of the “APIS” system the client has to exit the system through „Exit" button. Otherwise „APIS" could not obtain information for the closing of the active session and the release of the occupied license, therefore „APIS" shall not be liable if in the next few minutes the client could not enter the system again and could not use it before the session to be automatically closed.
14. The client shall hereby agree that, during the validity of an executed agreement for grant of non-exclusive and temporary right of use of the “APIS” system, “APIS” may change the data base management system and/or its version in order the “APIS” system to be improved and to be adjusted to the new technologies and modern requirements. “APIS”shall be obliged to notify its client in appropriate way on its internet site will when it shall maintain the old versions of the “APIS” system. The client shall be obliged to start using the new versions of the “APIS” system till expiration of the term for maintenance of the old versions as the re-installation shall be on the account of“APIS”, and the client shall be obliged to de-install the old version. In case the client has no technical capability to use the new versions of the “APIS” system, “APIS” shall reimburse the part of the paid subscription price, corresponding to the non-expired part of the agreement for grant of non-exclusive and temporary right of use of the “APIS” system.
15. The client shall agree that after expiration of the validity of the executive agreement for grant of non-exclusive and temporary right of use the “APIS” system or upon non-payment of the price of the service within the settled term in the agreement, the access of the client to the online version of the systems shall be immediately terminated, resp. it shall be restricted or completely suspended his access to the installed desktop version of the systems, installed on his computer. The client shall also agree that upon expiration of the term of the subscription for some (part) of the modules/products in the “APIS” system, “APIS” shall have the right to completely terminate the access to this part of the modules or to restrict the access to the contents of the modules, updated after the date of expiration of the subscription term.
16. The client shall agree that the services, provided by “APIS”, for an e-mail notification or by SMS for occurred changes in the information, contained in the “APIS” system, as for example amendments of normative acts or their particular provisions, the entry of a new case law, changes in the circumstances for the traders, entered into the Commercial register and the like, depend on the communication and technological environment, provided by external suppliers as mobile operators, suppliers of electronic communication services, suppliers of electricity, etc. Despite all made efforts for providing a constant service, „APIS" does not guarantee that all messages on notification of changes shall reach the client and “APIS” shall not be liable for not sent, resp. not received messages through the fault of third parties.
17. In no circumstances shall “APIS” be liable for damages exceeding the price, which have been paid by the client for the “APIS” system, regardless whether the client has notified “APIS” about the possibility such damages to occur.
The present General conditions (adopted by Decision of 31.08.2012, effective as of 01.10.2012, amend, and suppl. by Decision of 09.08.2013, effective as of 10.09.2013) shall apply for contractual relations between “APIS” and the client for use of the legal and reference information systems under “APIS” mark (in their integrity and/or as their individual modules, incl. their on-line versions) which have arisen or which have continued after this date.