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General Terms and Conditions

General Terms and Conditions for www.adsparx.com

I. SUBJECT MATTER

Art. 1. These General Terms and Conditions govern the relationship between ADSPARX EOOD, UIC 207674217, with registered office and management address at: Sofia, Vitosha District, 19 Lavski Rid St., hereinafter referred to as the “Provider”, and the persons who use the website www.adsparx.com, submit enquiries or enter into agreements with the Provider, hereinafter referred to as the “Users”.

These General Terms and Conditions apply to the use of www.adsparx.com, as well as to relationships arising in connection with enquiries, individual quotations and service agreements, unless otherwise agreed between the parties in an individual agreement or quotation.

II. PROVIDER DETAILS

Art. 2. Information about the Provider in accordance with applicable Bulgarian legislation:

  1. Company name: ADSPARX EOOD

  2. UIC: 207674217

  3. Registered office and management address: Sofia, Vitosha District, 19 Lavski Rid St.

  4. Correspondence address and address for submitting complaints: Sofia, Vitosha District, 19 Lavski Rid St.

  5. Email: hello@adsparx.com

  6. Telephone: +359 889 355 558

  7. Website: www.adsparx.com

  8. VAT registration number: BG207674217

  9. Competent supervisory authorities:

(1) Commission for Personal Data Protection (CPDP)

Address: 2 Prof. Tsvetan Lazarov Blvd., Sofia 1592, Bulgaria

Registry telephone: +359 2 91 53 519

Email: kzld@cpdp.bg

Website: www.cpdp.bg

(2) Commission for Consumer Protection (CCP)

Address: 1 Vrabcha St., floors 3, 4 and 5, Sofia 1000, Bulgaria

Telephone: +359 2 933 05 65

Consumer hotline: 0700 111 22

Website: www.kzp.bg

Complaints and reports may also be submitted through the electronic form available at www.kzp.bg.

III. WEBSITE AND SERVICE CHARACTERISTICS

Art. 3. www.adsparx.com is a website operated by the Provider through which Users may:

  1. Obtain information about the Provider and the services offered;

  2. Review descriptions, characteristics and examples of completed projects and services;

  3. Submit enquiries regarding services, consultations and individual quotations;

  4. Provide information required for the preparation of a proposal or quotation;

  5. Communicate electronically with the Provider;

  6. Obtain information regarding the terms and conditions under which services are provided;

  7. Access publications, analyses, case studies and other informational content;

  8. Exercise their rights under applicable law.

Art. 4. The Provider offers marketing, advertising, creative, consultancy and related services, including but not limited to digital marketing, paid advertising, advertising content creation, advertising visuals, video and audio advertising, CRO optimisation, event organisation and the supply or production of advertising materials.

The specific scope, price, deadlines, stages and conditions for the performance of each service shall be determined in the relevant individual quotation, assignment, agreement or other written arrangement between the parties.

Art. 5. (1) Information regarding services published on www.adsparx.com is for informational purposes unless expressly stated otherwise.

(2) Submission of an enquiry through a contact form, email, telephone or another communication channel does not in itself constitute the conclusion of an agreement and does not oblige the Provider to accept the relevant assignment.

(3) A contractual relationship arises upon acceptance of an individual quotation, execution of an agreement, explicit written or electronic confirmation between the parties, or by another means clearly demonstrating their agreement regarding the essential terms of the service.

Art. 6. (1) The parties agree that statements relating to the conclusion and performance of an agreement may also be made electronically in accordance with the Bulgarian Electronic Commerce Act and the Electronic Document and Electronic Trust Services Act.

(2) Where communication takes place through an email address or other communication channel provided by the User, the Provider may consider statements received through that channel to have been made by the User or by a person authorised by the User, unless the Provider has been informed otherwise.

IV. ENQUIRIES AND CONCLUSION OF AGREEMENTS

Art. 7. (1) No user account is required in order to use the main functionalities of www.adsparx.com or to submit an enquiry, unless such functionality is explicitly introduced in the future.

(2) The User may submit an enquiry through the contact forms available on www.adsparx.com, by email, telephone or through another communication channel announced by the Provider.

(3) When submitting an enquiry, the User shall provide accurate and sufficiently detailed information required for processing the enquiry and preparing the relevant quotation.

(4) The Provider may request additional information, an introductory meeting, a technical brief or other information where necessary to determine the scope, price and deadline for performance.

(5) Receipt of an enquiry may be confirmed automatically or through an individual response. Such confirmation does not constitute acceptance of an order or conclusion of an agreement unless expressly stated otherwise.

V. TECHNICAL STEPS FOR CONCLUDING AN AGREEMENT

Art. 8. (1) The standard process for commissioning a service includes:

  1. Submission of an enquiry by the User;

  2. Clarification of the objectives, scope and requirements of the service;

  3. Preparation and submission of an individual quotation or proposal by the Provider;

  4. Where necessary, preparation or clarification of a technical or creative brief;

  5. Acceptance of the quotation and/or execution of an agreement;

  6. Agreement on the payment method and payment deadline;

  7. Commencement of the service upon fulfilment of the agreed preliminary conditions.

(2) Depending on the nature and complexity of the service, individual steps may be omitted, combined or supplemented.

Art. 9. (1) Before final acceptance of the quotation, the User may request correction of inaccurate information previously entered or provided by them.

(2) Where an agreement is concluded through electronic correspondence, the relevant electronic messages, accepted quotation and other contractual documents may be stored by the parties on a durable medium.

(3) Agreements shall normally be concluded in Bulgarian unless the parties expressly agree to use another language.

VI. CONTENT OF THE AGREEMENT AND PAYMENT

Art. 10. (1) The subject matter, scope, price, deadline, stages of performance, number of revisions, specific deliverables and other essential conditions shall be determined in the individual quotation, agreement or written correspondence between the parties.

(2) Where more than one service is commissioned, the parties may regulate them under one general agreement or under separate agreements and quotations.

(3) Where a separate quotation, agreement or assignment contains specific conditions for a particular service, those conditions shall prevail over these General Terms and Conditions with respect to that service.

Art. 11. When exercising rights or raising an objection relating to a specific service, the User shall provide sufficient information to identify the relevant agreement, quotation, project or service.

Art. 12. (1) The price and payment method shall be specified in the individual quotation or agreement.

(2) The Provider may require advance, interim or recurring payments where this has been agreed in advance.

(3) Unless otherwise expressly agreed, payments shall be made by bank transfer or by another legally permissible payment method.

(4) Where cash payment is applicable, the parties shall comply with the restrictions established by the applicable Bulgarian legislation governing limitations on cash payments.

(5) All prices shall be stated in euro unless the parties expressly agree otherwise. Where the User qualifies as a Consumer, the final price shall be provided in accordance with applicable consumer protection legislation, including all applicable taxes and charges.

VII. SPECIAL PROVISIONS APPLICABLE TO PERSONS QUALIFYING AS CONSUMERS

Art. 13. (1) The provisions of this Section shall apply only to Users who qualify as “Consumers” within the meaning of the Bulgarian Consumer Protection Act.

(2) A Consumer is a natural person who acquires goods or uses services for purposes falling outside their trade, business or professional activity.

(3) These General Terms and Conditions shall not restrict any consumer rights arising from mandatory provisions of applicable law.

Art. 14. (1) Before the Consumer becomes bound by an agreement, the Provider shall provide the information required by law regarding the main characteristics of the service, the final price, payment method, performance deadline and procedure and, where applicable, the right of withdrawal.

(2) Where the exact price cannot reasonably be calculated in advance due to the individual nature of the service, the method used for determining the price shall be specified in the individual quotation.

(3) Additional costs shall be payable by the Consumer only where they have been disclosed and accepted in advance, unless they arise directly from applicable law.

(4) Such information may be provided through www.adsparx.com, an individual quotation, an agreement, email or another durable medium.

Art. 15. (1) Advance payment may be required from a Consumer only where this has been agreed in advance.

(2) The amount, deadline and conditions applicable to advance or interim payments shall be specified in the quotation or agreement.

Art. 16. (1) Where an agreement between the Provider and a Consumer is concluded at a distance or away from business premises, the Consumer shall have the right to withdraw from the agreement without stating a reason within a period of 14 days from the date on which the service agreement was concluded, except where the law provides for an exemption.

(2) The Consumer may exercise the right of withdrawal by using the standard withdrawal form attached to these General Terms and Conditions or by submitting another unequivocal statement to:

ADSPARX EOOD
19 Lavski Rid St.
Vitosha District, Sofia, Bulgaria
hello@adsparx.com

(3) Where the Consumer expressly requests that performance of the service begin before the expiry of the 14-day withdrawal period, the Provider may commence performance after receiving the relevant explicit request where required by law.

(4) If the Consumer exercises the right of withdrawal after expressly requesting that performance begin but before the service has been fully performed, the Consumer shall pay an amount proportionate to the services actually provided up to the date of withdrawal, where the relevant statutory conditions are satisfied.

(5) The Consumer shall lose the right of withdrawal following full performance of the service where performance began with the Consumer’s explicit prior consent and the Consumer acknowledged that the right of withdrawal would be lost once the service had been fully performed.

(6) Where the agreement includes the supply of goods made to the Consumer’s specifications or clearly personalised according to the Consumer’s individual requirements, the right of withdrawal may not apply in the cases provided for by law.

(7) Where the subject matter includes digital content which is not supplied on a tangible medium, the special rules of the Bulgarian Consumer Protection Act and the Bulgarian Act on the Provision of Digital Content and Digital Services and the Sale of Goods shall apply.

(8) Where a valid right of withdrawal is exercised, the Provider shall reimburse all amounts due under applicable law without undue delay and within the applicable statutory period.

Art. 17. (1) The performance deadline for each service shall be specified in the individual quotation, agreement or assignment.

(2) Where performance depends on the provision of information, materials, approvals, access credentials or other cooperation by the User, the agreed deadline may be extended accordingly in the event of delay attributable to the User.

(3) Where goods are sold or delivered to a Consumer, the relevant mandatory consumer protection rules concerning delivery deadlines and conformity of goods shall also apply.

(4) If the Provider determines that it is unable to perform the agreed service or delivery, it shall inform the User in a timely manner and the parties shall determine the applicable consequences in accordance with the agreement and applicable law.

Art. 18. (1) Where a service includes the creation of advertising visuals, video, audio, texts, design, strategies, concepts, software or other materials, matters concerning copyright and other intellectual property rights shall be governed by the individual quotation or agreement.

(2) In the absence of a specific agreement concerning intellectual property rights, the provisions of applicable law shall apply.

(3) Consumer rights arising from mandatory statutory provisions shall not be restricted by this Article.

Art. 18a. Consumers may submit complaints to the Provider at hello@adsparx.com or at the following address: 19 Lavski Rid St., Vitosha District, Sofia, Bulgaria.

Consumers may also contact the Bulgarian Commission for Consumer Protection through www.kzp.bg.

Where a consumer dispute arises, the parties may also use the applicable alternative consumer dispute resolution procedures available through the conciliation commissions operating under the Commission for Consumer Protection.

VIII. PERFORMANCE OF THE AGREEMENT

Art. 19. (1) The Provider shall perform the service in accordance with the agreed scope, deadlines, stages and requirements.

(2) The User shall provide in a timely manner all information, materials, access credentials, feedback and approvals reasonably required for the performance of the service.

(3) A delay caused by the User’s failure to provide the necessary cooperation may result in a corresponding extension of the performance deadlines.

Art. 20. (1) Where the nature of the service requires submission for approval, the User shall review the relevant materials and provide feedback within the period agreed between the parties.

(2) The number and scope of revisions included in the service, where applicable, shall be specified in the individual quotation or agreement.

(3) Additional assignments or changes falling outside the originally agreed scope may be subject to additional remuneration and an extended deadline following prior agreement between the parties.

(4) Where the User qualifies as a Consumer, this Article shall not restrict any statutory rights relating to non-conformity of a service, digital content, digital service or goods.

Art. 21. Matters not regulated in this Section shall be governed by the relevant provisions of the Bulgarian Obligations and Contracts Act, the Bulgarian Commerce Act, the Bulgarian Consumer Protection Act, the Bulgarian Electronic Commerce Act and other applicable legislation.

IX. PERSONAL DATA PROTECTION

Art. 22. (1) Personal data collected, stored and processed through www.adsparx.com shall be processed in accordance with Regulation (EU) 2016/679, the Bulgarian Personal Data Protection Act and all other applicable Bulgarian and European legislation.

(2) Detailed information regarding the categories of personal data processed, purposes of processing, legal grounds, retention periods and data subject rights is provided in the Provider’s Privacy Policy.

(3) The use of cookies and similar technologies shall be governed by the Cookie Policy of www.adsparx.com and by the choices made by the User through the applicable consent management mechanism where consent is required.

(4) Marketing and advertising communications shall be sent only where an applicable legal basis exists and in compliance with all relevant statutory requirements.

(5) Where marketing communications are based on consent, the User may withdraw such consent at any time in the manner indicated in the relevant communication or in the Privacy Policy.

Art. 23. (1) The Provider may request additional information to identify the User where this is necessary for the performance of an agreement, exercise of rights, prevention of abuse or fulfilment of a legal obligation.

(2) The Provider shall not request more personal data than is necessary for the relevant purpose.

X. AMENDMENTS AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 24. (1) The Provider may update these General Terms and Conditions in the event of changes to legislation, services, the functionality of www.adsparx.com or the organisation of its business activities.

(2) The current version of the General Terms and Conditions shall be published on www.adsparx.com.

(3) Unless otherwise provided by law or agreed by the parties, amendments to these General Terms and Conditions shall apply prospectively and shall not automatically amend the terms of an existing individual agreement.

(4) Where an amendment is intended to apply to an existing contractual relationship, the User shall be notified in an appropriate manner where required by law or by the relevant agreement.

Art. 25. These General Terms and Conditions, including all current amendments, are available at: https://adsparx.com/terms-and-conditions/.

XI. TERMINATION

Art. 26. (1) An agreement between the Provider and the User may be terminated:

  1. Upon full performance of all obligations of the parties;

  2. By mutual written agreement;

  3. On the grounds specified in an individual agreement or quotation;

  4. In the event of material breach by the other party, subject to the applicable contractual and statutory procedure;

  5. In the event of objective and permanent impossibility of performance;

  6. In the event of termination, liquidation or insolvency of a party where this results in legal or factual impossibility of performance;

  7. In other cases provided for by law.

(2) Termination shall not affect rights and obligations which have arisen prior to termination unless otherwise provided by law or agreement.

Art. 27. (1) The Provider may restrict a User’s access to individual functionalities of www.adsparx.com in the event of established misuse, attempted security breach, unlawful use of content or another breach of applicable law or these General Terms and Conditions.

(2) Restriction of access to the website shall not automatically terminate any existing contractual relationship between the parties.

XII. LIABILITY

Art. 28. (1) The User shall be responsible for any materials, data, images, texts, trademarks and other protected works provided by the User where the User does not hold the necessary rights or permissions for their use.

(2) Where justified third-party claims arise against the Provider as a result of a culpable breach by the User, liability shall be determined in accordance with applicable legislation and the agreement between the parties.

Art. 29. The Provider shall not be liable for non-performance or delay caused by force majeure or another circumstance beyond the Provider’s reasonable control, provided that the statutory requirements for exemption from liability are met.

Art. 30. (1) The Provider shall not be liable for damage caused by unlawful acts or omissions of the User or of third parties for whom the Provider is not responsible.

(2) The Provider does not guarantee any specific economic, advertising, commercial or financial result unless such result has been expressly guaranteed in an individual agreement.

(3) Advertising, marketing and other results may be affected by numerous external factors, including market conditions, competition, budget, product characteristics, pricing, seasonality, changes to third-party platform algorithms and policies, and actions taken by the User.

(4) The Provider shall not be liable for temporary unavailability of www.adsparx.com resulting from technical maintenance, internet infrastructure issues, hosting services, cyberattacks, force majeure or other objective circumstances beyond the Provider’s reasonable control.

(5) Nothing in these General Terms and Conditions shall exclude or limit liability which may not lawfully be excluded or limited under applicable legislation, including mandatory Consumer rights.

Art. 31. (1) The Provider shall implement reasonable technical and organisational security measures in relation to www.adsparx.com but cannot guarantee absolute protection against all potential cybersecurity threats.

(2) The Provider shall not be liable for damage resulting from unlawful actions of third parties where the Provider has exercised due care and the relevant damage was not caused by culpable conduct on the part of the Provider.

XIII. OTHER PROVISIONS

Art. 32. (1) The Provider and the User shall protect confidential and commercial information received in connection with negotiations and performance of an agreement where, by its nature or by express agreement, such information should be treated as confidential.

(2) The confidentiality obligation shall not prevent disclosure of information:

  1. Where disclosure is required by law or by a competent public authority;

  2. For the purpose of protecting or exercising legal rights;

  3. To lawyers, accountants, auditors and other professional advisers subject to confidentiality obligations;

  4. Where the information is already publicly available through no fault of the party disclosing it.

Art. 33. In the event of any conflict between these General Terms and Conditions and an individual agreement, quotation or other specific written arrangement between the Provider and the User, the specific arrangement shall prevail to the extent that it does not conflict with mandatory statutory provisions.

Art. 34. The invalidity or unenforceability of an individual provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.

Art. 35. (1) Any matters not expressly regulated by these General Terms and Conditions shall be governed by the applicable laws of the Republic of Bulgaria.

(2) The parties shall first seek to resolve any disputes through negotiations and in good faith with a view to reaching a mutually acceptable solution.

(3) Where an amicable settlement cannot be reached, the dispute shall be referred to the competent court in accordance with the applicable jurisdiction rules.

(4) Where the User qualifies as a Consumer, this Article shall not restrict the Consumer’s right to refer the matter to the competent consumer protection authorities or to use an applicable alternative dispute resolution procedure.

Art. 36. These General Terms and Conditions shall enter into force on the date of their publication on www.adsparx.com and shall remain applicable until amended or repealed.

APPENDIX № 1 – STANDARD WITHDRAWAL FORM

Complete and submit this form only if you wish to withdraw from the agreement and you are entitled to exercise a right of withdrawal under applicable legislation.

To:

ADSPARX EOOD
19 Lavski Rid St.
Vitosha District
Sofia, Bulgaria
Email: hello@adsparx.com

I/We* hereby give notice that I/We* withdraw from my/our* agreement for the provision of the following service / purchase of the following goods*:

…………………………………………………………………………

Date of conclusion of the agreement / date of receipt*:

…………………………………………………………………………

Name of consumer(s):

…………………………………………………………………………

Address of consumer(s):

…………………………………………………………………………

Signature of consumer(s):
(only if this form is submitted on paper)

…………………………………………………………………………

Date:

…………………………………………………………………………

* Delete as appropriate.