CUSTOMER DECLARATION. The Customer hereby applies for the service detailed above to be provided accordingly. The Parties are in a process of negotiating a bilateral service agreement (Bilateral Agreement) which shall govern the provision of the services. Тhe Parties agree hereby that the addresses for communication shall be those specified in the latest Service Order Form. The Parties also agree all communications, requests and agreements, documents and other papers (including such related to the contractual relations or litigation procedure) between them in relation with or regarding the contract’s execution shall be deemed dully served if delivered to the communication addresses specified above or published in the Trade Registry as management addresses via post (with delivery receipt, inclusively) or via courier, or if they are sent to the e-mail address specified by the Parties. It is also agreed by and between the Parties that for the sake of their communication as regard the contract’s execution the documents and the statements should be signed by qualifies electronic signature of a Party’s representative or sent as scanned electronic copies of documents signed on paper. The Parties agree that the processes of documents’ signing by both Parties shall be validly perform if the respective document has been signed by one of the Parties on paper and sent as an electronic document (a scanned copy of a document signed on paper) or if the document has been signed as an electronic document with a qualified electronic signature and if the other Party confirms/accepts the statements in the document object to signing by the both Parties by signing the document with qualified electronic signature or by manually signing the printed on paper document carrying already the signature of the other Party. The Party which has posed the latest signature on the document object to signing by both Parties, shall be obliged to send the other Party the final version of the document, signed by both Parties. It is also agreed that for the sake of the Parties’ relations the used electronic signatures and advanced electronic signatures shall have the legal effect of a handwritten signature. In case the final version of the Bilateral Agreement is not signed by both Parties, By signing the current Service Order Form, the Parties explicitly proclaim that irrespective of the capacity of each one of them to the contractual relationship for providing of services, subject to this Service Order Form, all the unsettled issues and conditions in the Service Order Form concerning the provisioning, including the rights and obligations of the Parties, would be settled by the proclaimed in the Frame Agreement FOR EXCHANGE OF PROVISIONING OF TELECOMMUNICATION SERVICES by “Bulgartel” AD, published on the internet website of the company ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇/page/75, which will have the force of a “General terms and conditions for the order” according to the Commercial Act and will be respectively applicable to the Parties for the implementation of the current Service Order Form. The Parties hereby agree to take care of all personal data processed for the sake of or in relation to the services’ provision and to process them lawfully, with the due care and only for proper purposes. The present Service Order Form introduces to the contractor of “Bulgartel” AD information about data processing activity of “Bulgartel” AD available in the form of Data Protection Policy according to the GDPR published at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇/page/78 The Customer agrees to start the payments to the SERVICE PROVIDER in respect to this Service Order Form upon Service provisioning (service activation date) even if the final version of the Bilateral Agreement is not signed until that date and shall be liable for all relevant payments until the end of the service term. The custumer declares that the funds through which the services shall be paid are not acquired directly or indirectly as a result of criminal activity or other illegal activity, and these funds are acquired legally by him. SERVICE PROVIDER does not guarantee provisioning and/or availability of the service in case it is obstructed by reasons attributable to Customer and/or third party providers networks and equipment. In case the service is canceled by Customer including if the service can not be implemented due to reasons attributable to Customer the latter shall be liable for all payments under section 7 herein until the end of the service term.
Appears in 1 contract
Sources: Bilateral Agreement
CUSTOMER DECLARATION. The Customer hereby applies for the service detailed above to be provided accordingly. The Parties are in a process of negotiating a bilateral service agreement (Bilateral Agreement) which shall govern the provision of the services. Тhe Parties agree hereby that the addresses for communication shall be those specified in the latest Service Order Form. The Parties also agree all communications, requests and agreements, documents and other papers (including such related to the contractual relations or litigation procedure) between them in relation with or regarding the contract’s execution shall be deemed dully served if delivered to the communication addresses specified above or published in the Trade Registry as management addresses via post (with delivery receipt, inclusively) or via courier, or if they are sent to the e-mail address specified by the Parties. It is also agreed by and between the Parties that for the sake of their communication as regard the contract’s execution the documents and the statements should be signed by qualifies electronic signature of a Party’s representative or sent as scanned electronic copies of documents signed on paper. The Parties agree that the processes of documents’ signing by both Parties shall be validly perform if the respective document has been signed by one of the Parties on paper and sent as an electronic document (a scanned copy of a document signed on paper) or if the document has been signed as an electronic document with a qualified electronic signature and if the other Party confirms/accepts the statements in the document object to signing by the both Parties by signing the document with qualified electronic signature or by manually signing the printed on paper document carrying already the signature of the other Party. The Party which has posed the latest signature on the document object to signing by both Parties, shall be obliged to send the other Party the final version of the document, signed by both Parties. It is also agreed that for the sake of the Parties’ relations the used electronic signatures and advanced electronic signatures shall have the legal effect of a handwritten signature. In case the final version of the Bilateral Agreement is not signed by both Parties, By signing the current Service Order Form, the Parties explicitly proclaim that irrespective of the capacity of each one of them to the contractual relationship for providing of services, subject to this Service Order Form, all the unsettled issues and conditions in the Service Order Form concerning the provisioning, including the rights and obligations of the Parties, would be settled by the proclaimed in the Frame Agreement FOR EXCHANGE OF PROVISIONING OF TELECOMMUNICATION SERVICES by “Bulgartel” AD, published on the internet website of the company ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇/page/75, which will have the force of a “General terms and conditions for the order” according to the Commercial Act and will be respectively applicable to the Parties for the implementation of the current Service Order Form. The Parties hereby agree to take care of all personal data processed for the sake of or in relation to the services’ provision and to process them lawfully, with the due care and only for proper purposes. The present Service Order Form introduces to the contractor of “Bulgartel” AD information about data processing activity of “Bulgartel” AD available in the form of Data Protection Policy according to the GDPR published at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇/page/78 The Customer agrees to start the payments to the SERVICE PROVIDER in respect to this Service Order Form upon Service provisioning (service activation date) even if the final version of the Bilateral Agreement is not signed until that date and shall be liable for all relevant payments until the end of the service term. The custumer declares that the funds through which the services shall be paid are not acquired directly or indirectly as a result of criminal activity or other illegal activity, and these funds are acquired legally by him. SERVICE PROVIDER does not guarantee provisioning and/or availability of the service in case it is obstructed by reasons attributable to Customer and/or third party providers networks and equipment. In case the service is canceled by Customer including if the service can not be implemented due to reasons attributable to Customer the latter shall be liable for all payments under section 7 herein until the end of the service term./page/78
Appears in 1 contract
Sources: Service Order Form
CUSTOMER DECLARATION. The Customer hereby applies for the service detailed above to be provided accordingly. The Parties are in a process of negotiating a bilateral service agreement (Bilateral Agreement) which shall govern the provision of the services. Тhe Parties agree hereby that the addresses for communication shall be those specified in the latest Service Order Form. The Parties also agree all communications, requests and agreements, documents and other papers (including such related to the contractual relations or litigation procedure) between them in relation with or regarding the contract’s execution shall be deemed dully served if delivered to the communication addresses specified above or published in the Trade Registry as management addresses via post (with delivery receipt, inclusively) or via courier, or if they are sent to the e-mail address specified by the Parties. It is also agreed by and between the Parties that for the sake of their communication as regard the contract’s execution the documents and the statements should be signed by qualifies electronic signature of a Party’s representative or sent as scanned electronic copies of documents signed on paper. The Parties agree that the processes of documents’ signing by both Parties shall be validly perform if the respective document has been signed by one of the Parties on paper and sent as an electronic document (a scanned copy of a document signed on paper) or if the document has been signed as an electronic document with a qualified electronic signature and if the other Party confirms/accepts the statements in the document object to signing by the both Parties by signing the document with qualified electronic signature or by manually signing the printed on paper document carrying already the signature of the other Party. The Party which has posed the latest signature on the document object to signing by both Parties, shall be obliged to send the other Party the final version of the document, signed by both Parties. It is also agreed that for the sake of the Parties’ relations the used electronic signatures and advanced electronic signatures shall have the legal effect of a handwritten signature. In case the final version of the Bilateral Agreement is not signed by both Parties, By signing the current Service Order Form, the Parties explicitly proclaim that irrespective of the capacity of each one of them to the contractual relationship for providing of services, subject to this Service Order Form, all the unsettled issues and conditions in the Service Order Form concerning herewith shall govern the provisioning, including the rights and obligations provision of the Parties, would be settled by services and the proclaimed in Customer accepts the conditions of the Frame Agreement FOR EXCHANGE OF PROVISIONING OF TELECOMMUNICATION SERVICES by “Bulgartel” AD, published on the internet website web page of the company ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇/page/75, which will have the force of a “General terms and conditions for the order” according to the Commercial Act and will be respectively applicable to the Parties for the implementation of the current Service Order Form. The Parties hereby agree to take care of all personal data processed for the sake of or in relation to the services’ provision and to process them lawfully, with the due care and only for proper purposes. The present Service Order Form introduces to the contractor of “Bulgartel” AD information about data processing activity of “Bulgartel” AD available in the form of Data Protection Policy according to the GDPR published Bulgartel at ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇/page/78 /page/23 and shall be liable for all relevant payments until the end of the service term. The Customer agrees to start the payments to the SERVICE PROVIDER in respect to this Service Order Form upon Service provisioning (service activation date) even if the final version of the Bilateral Agreement is not signed until that date and shall be liable for all relevant payments until the end of the service term. The custumer declares that the funds through which the services shall be paid are not acquired directly or indirectly as a result of criminal activity or other illegal activity, and these funds are acquired legally by himdate. SERVICE PROVIDER does not guarantee provisioning and/or availability of the service in case it is obstructed by reasons attributable to Customer and/or third party providers networks and equipment. In case the service is canceled by Customer including if the service can not be implemented due to reasons attributable to Customer the latter shall be liable for all payments under section 7 herein until the end of the service term. The Customer shall have the right to request cancellation of the existing service with 30 days written notification during the Initial term if he pays to the Service Provider the amount of 100% of the monthly rental contained in or related to the Service Order for the remainder of the Initial Term of the Service Order. If the CUSTOMER fails to fulfil his obligations the Service Provider shall have the right unilaterally to terminate the Service with 2 days written notice. In case of unilateral termination by the Service Provider, the CUSTOMER shall be obliged to pay a penalty to the Service Provider amounting to the total sum of the monthly payments dues until the end of the initial term of the Services under the respective Service Order Form. If the CUSTOMER fails to fulfil his obligations according to herewith Service Order Form and in case of unilateral termination by the Service Provider, the CUSTOMER shall be obliged to pay a penalty to the Service Provider amounting to the total sum of the monthly payments dues until the end of the initial term of the Services under the respective Service Order Form. The customer declares that the funds trough which the services shall be paid are not acquired directly or indirectly as a result of criminal activity or other illegal activity, and these funds are acquired legally by him. The Parties confirm and agree to act as joint controllers in the course of the processing any data provided/disclosed/transmitted/collected in connection with their relations regarding the Services’ provision. The Parties define the following mutual processing purposes: achievement of the mutual business purpose for Service’s provision. Either Party shall be responsible to determine the processing means and the protection measures applicable to the personal data processed in compliance with the applicable legislation for data protection and the following processing means mutually determined: performing an operation or a set of operations with personal data or a set of data, through automated means inclusively (through operation systems of servers, of PCs, of laptops, ot smartphones of tablets, as well as but not limited to cloud technologies), comprising of operations of collection, saving, organizing, storing, adaptation, alternation, extraction, consultation, use, disclosure by transmission or organization, profiling and deletion. The Parties agree to process any personal data lawfully and for limited purposes – only for conducting the business activity subject hereof. The Parties undertake to deal with data subjects independently and to provide them with the obligatory information under Art.13 and Art.14 of GDPR, but namely information about the joint processing of personal data in brief, transparent, understandable and easily accessible form, in plain and clear language. The specified information can be provided through the Privacy Notice of any of the Parties. The current Service Order Form shall be interpreted as an agreement between the Parties along with the General terms and conditions, agreed as applicable by the Parties.
Appears in 1 contract
Sources: Service Order Form