1. General - Scope
1.1 The following terms and conditions apply to all business relationships between the customer (hereinafter named as the „client“) and “DEVSTAR” LTD, (hereinafter named as “us“ and „we”). The governing law is that which was valid when the contract was put into effect.
1.2 Dissenting, conflicting or additional client terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.
1.3 The client agrees that by accessing the Site, he/she has read, understood, and agree to be bound by all of these Terms and Conditions. If the client does not agree with all of these Terms and Conditions, then he/she is expressly prohibited from using the Site and he/she must discontinue use immediately.
1.4. It is the client’s responsibility to periodically review these Terms and Conditions to stay informed of updates. The client will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by his/her continued use of the Site after the date such revised Terms and Conditions are posted.
2. Conclusion of the contract
2.1 Our offers are subject to change. We reserve the right to make technical and other changes within reason.
2.2 Upon ordering, the client is bound to the tentative offer. We will confirm receipt of the client‘s order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.
2.3 We are entitled to accept the offer of a contract (the order) within a period of 5 working days after receipt. We are also entitled to reject the order after examining the reliability of the client.
3. Scope of services
3.1 The subject of the contractual relationship concerns the services listed in the section “Price” on the site https://devstar.org (including Media Stream Recorder, Media Retranslation Platform, Order the development of personal admin panel for your platform, Order your software environment in cloud for your media platform, Develop customized and unique design for your media platform etc.). The list of services that are provided and prices are subject to change.
3.2 We guarantee an annual average of 99.9% network availability for the infrastructure of our data center. If the security of network operations or the maintenance of network integrity is in jeopardy, we can temporarily restrict access to the service as required.
3.3 The services offered are those valid at the time of the order, based on the offer information, the order form and the applicable monthly special offers, at the time.
3.4 Technical support services are not included in the offers. Should the user need or wish to take advantage of these, a separate charge will be made. Details can be found by email support@devstar.org.
4. Data integrity
4.1 Where data is transmitted to us, the client is required to back up their data regularly. The server will be backed up regularly by us when this is part of the offer. In the case of data loss, the client must transfer the respective databases to us again free of charge.
4.2 The client is obliged to carry out a complete data backup before any changes are made.
4.3 The client will receive a user ID and password for security purposes. This must be kept confidential. The client will be held liable for any malpractice resulting from the unauthorized use of the password. If the client becomes aware that unauthorized third parties know the password, they have to inform us without delay. If the client is at fault for third-party password abuse, the client will be liable for all user fees and damages. In suspicious cases the client is able to request a new password, which we then send on to the client.
5. Privacy
5.1 Our data protection policies are in accordance with the GDPR (European Union‘s General Data Protection Regulation) and the Personal Data Protection Law of Bulgaria.
5.2 Personal data of clients will only be collected and used, if they are required for the creation, content arrangement or modification of the contractual relationship. The client is obligated to update these data in their online administrations interface.
5.3 The client’s Email address will only be used for information regarding orders, for invoices and – provided that the client does not object – for customer care, as well as for our newsletter, if the client so wishes.
5.4 We do not give any personal client information to third parties, with the exception of our service partners in so far as this is required to determine payment and billing with the client.
5.5 The client has the right to information and a right to amend, to suspend or to delete his saved information. If deletion conflicts with a legal or contractual duty to save information, or with other legal grounds, the information will be made inaccessible.
6. Published Content
6.1 It is the client‘s responsibility to identify the Internet content as their own or as third-party content. The client‘s full name and address must be present.
6.2 The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any client who violates this. The same applies in the event that the client publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our clients‘ content.
6.3 The sending of spam mail is forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties. With regard to the sending of Emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block access if this is not respected.
7. Liability
7.1 For direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence, we assume no liability.
7.2 With regard to contractors, we are not liable for minor negligence of contractual obligations. This does not apply to all cases of personal injury and is in accordance with Consumer Protection Law in Bulgaria. For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case we are liable only for the contract-typical predictable damage, a maximum of 100% of the annual fee.
7.3 If the client’s web content is in violation of the obligations mentioned in section 6, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including financial loss and property damage. In addition, the customer agrees to free us from all claims by third parties – no matter which kind – that may result from illegal internet content. The exemption obligation includes liability for all legal defence costs (e.g. court and attorneys‘ fees).
8. Terms of payment
8.1 The current prices are valid and accessible at any time at https://devstar.org/.
8.2 Depending on the contractual agreement, a one-time, monthly, quarterly or annual charge will be made. Monthly payments are conducted solely by issuing a debit authorization. All other payments are made by invoice. Payment is due immediately upon receiving the invoice.
8.3 We are entitled without warning to deduct default interest on all overdue payments as indicated on the invoices. If the client is a consumer/end-user, the amount of interest charged will be 5 percentage points above the base rate. If the client is a contractor/business, the interest charged will be 8 percentage points above the base rate.
8.4 We are also entitled, in case of default payments, to block the internet presence of the client and to block all other functions.
8.5 The acceptance of checks is only for processing.
8.6 Invoices are sent by Email as attachments. To receive invoices by ordinary post we are entitled to charge a reasonable service fee. For retrospective changes to invoices, which come about due to no fault of ours, we are entitled to charge a reasonable service fee.
9. Contract duration / cancellation / place of execution
9.1 Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.
9.2 The contract is cancellable without giving reasons by both parties at any time during a period of 30 days to the end of the month, but at the earliest on expiry of the minimum contract period stipulated in the contract. A cancellation can be done in writing by letter, fax, email or via the secure online administrations interface, provided this option is available.
9.3 We are also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would be in the case of the client being in arrears with payments for two consecutive months for a substantial part of the remittance owed. Another important reason, among others, can also be that the customer contravenes or ignores warnings about infringement of the requirements of section 6. Another important reason, resulting in blocking or termination without notice, may be that the client uses content, which affects the performance or the safety of the server.
9.4 The main place of business for all services under this contract is Sofia, Bulgaria. Jurisdiction for all disputes arising from this contract is for the relevant local Bulgarian court if the client is a contractor, a legal entity of public law, or public legal special fund. The same applies if the client does not have general jurisdiction in Bulgaria or when the domicile or usual place of residence at the time of the action is not known. We are also entitled to take legal action in the client´s country of residence.
9.5 If the client intends to devolve his contractual rights to another person, he requires our consent. Devolution of contractual rights can only be made in writing by letter, fax or via the secure online administrations interface, provided this option is available. When devolution is carried out by letter or fax, the previous and the new contract partners must both provide a signature.
10. Rules for reseller
10.1 The client is entitled to grant contractual rights to third parties to use the internet presence provided to him by us. In this case, the client still remains the sole contractor. The client is committed to all the terms of the contract, arising from the terms and conditions as well as from our order forms, to passing these on to all third parties and to obliging them to comply with the terms. This also applies to the requirements in section 1.3 of these terms and conditions.
10.2 Should the cooperation of third parties be required for any manner of change, the client is obligated to ensure that the third party observes their duty to collaborate. The client will provide us with the third party‘s address and contact details on request. We are entitled, in the case of changes, to contact third parties directly to demand their written agreement to the changes.
10.3 The client is responsible for all third party contractual violations. The client is financially liable to us for all damages resulting from third party violations. In addition, we are exempt from liability for all claims which may arise from third parties and others.
11. Cancellation terms / Refund
11.1 Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Bulgaria, Sofia, zip 1220, Nadezhda 57, ent. 3, apt 129; email: support@devstar.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, email or via the secure online administrations interface). You may use the withdrawal form template, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.
11.2 Consequences of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We shall carry out such reimbursement using the same means of payment as used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Should you have requested to commence the performance of service during the withdrawal period, you shall pay us an amount which is in proportion to that which has already been provided, in comparison with the full coverage of the contract, until you have communicated your withdrawal from this contract to us.
12. Miscellaneous
12.1 We shall serve notices related to this contract by posting them on the https://devstar.org web site or by sending them to the e-mail address you have given to the DEVSTAR.
12.2 We shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in these TERMS.
12.3 You acknowledge and agree that this agreement is subject to change by the DEVSTAR at any time, which changes shall be effective upon posting such changes to the website. Any use of the service after such posting shall constitute acceptance of such changes by you.
12.4 If a Court decides that any provision of this Contract cannot be enforced, that particular part of the Contract will not apply but the rest will. However, the parties will negotiate in good faith to restate such provision to reflect the original intentions of the parties as nearly as is possible in accordance with applicable law, and the remaining provisions of this Agreement. The invalidity, illegality or unenforceability of any provisions or part of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement, or provisions as the case may be.
12.5 The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
12.6 Where the context so admits or requires, words denoting the singular include the plural and vice versa, words denoting any gender (or the neuter) include both genders and the neuter. References to “include” and “including” shall be deemed to mean respectively “include (s) without limitation” and “including without limitation”. References to each party to this Agreement include references to its successors and permitted assigns.
13. Queries and complaints
Queries and complaints should be addressed to “DEVSTAR” LTD, CEO Mykola Buchakchiysky, Bulgaria, Sofia, zip 1220, Nadezhda 57, ent. 3, apt 129; or to email: support@devstar.org.