Policy for the use and management of cookies
AND. SUBJECT
1. These general terms and conditions are intended to regulate the relations between NIK ELECTRONICS OOD with registered office and management address: Gr. Sofia, blvd. “Brussels” No. 11, a company registered in the Commercial Register of the Republic of Bulgaria with EIC: 127072968, hereinafter referred to as the PROVIDER for short, and the users, hereinafter referred to as CLIENTS, of the services provided by it, referred to in these General Terms and Conditions, hereinafter referred to as the Services.
1.1. The General Terms and Conditions are binding for all CLIENTS of NIK ELECTRONICS LTD. These General Terms and Conditions, the Privacy Policy and the Policy for the use and management of cookies of the PROVIDER are an integral part of any contract for the use of the Services concluded between the PROVIDER and the CLIENT.
1.2. These General Terms and Conditions govern the manner, terms and conditions under which NIK ELECTRONICS Ltd. grants non-transferable and limited rights to use products and services offered by the company for a certain period of time by the CLIENTS.
1.3. The products and services, as well as their specifications, number and duration provided to the CUSTOMER in the particular case, are determined by specific conditions in the sales document (s) issued by the SUPPLIER to the CUSTOMER.
1.4. A detailed description of the SERVICES and their specifications is published on the WEBSITE OF THE PROVIDER at the following address: (... to fill in the link). https://nik.bg/precision-farming.
1.5. The PROVIDER reserves the right to introduce new technological modules and functionalities based on cloud technologies and artificial intelligence, which may be subject to an additional agreement or an updated price list.
1.6. By paying the full or part of the price of the PROVIDER's products and/or services, including subscription ones, the CUSTOMER agrees to these General Terms and Conditions.
II. GENERAL RULES FOR ALL TYPES OF SERVICES
Start of a service period
2. The SUPPLIER shall provide the CUSTOMER with a written or oral offer which includes:
a) Product (license, device) with a description of the version/model;
b) Subscription (in certain cases there may not be), version;
c) Price;
d) Delivery period;
e) Term of validity of the offer.
2.1. The offer may be in written or oral form and at the same time as it is presented, the sales representative gives the CLIENT information about these Terms and the Internet address at which they are available.
2.2. An offer may be provided to the CLIENT only by persons authorized by the SUPPLIER (sales representatives).
2.3. The SUPPLIER is not responsible for offers that are made by unauthorized persons.
2.4. The offer is considered accepted by the CLIENT with confirmation - oral, written or conclusive (with unambiguous action). For USERS, as well as in the case of distance contracts, the acceptance of the offer is carried out with an explicit written or electronic confirmation, which ensures proof of consent.
2.5. In the event that the CUSTOMER accepts the offer after the expiry of the period of validity specified in it, the SUPPLIER does not guarantee the parameters specified in the offer, and there may be a change in the price and/or delivery conditions.
2.6. Acceptance of an offer electronically through a specialized platform of the PROVIDER has the force of a handwritten signature in accordance with the Law on Electronic Document and Electronic Certificate Services.
3. After payment by the CLIENT of the service provided by the PROVIDER, the latter issues an original invoice, which is sent to the CLIENT at the e-mail address registered by him.
4. The pricing of service visits on holidays is according to the price list of NIK Electronics Ltd.
5. The PROVIDER reserves the right, in case of overdue obligations to NIK ELECTRONICS Ltd. for hardware or software products, to suspend the provision of certain services.
III. TERMS OF USE
6. Upon conclusion of a user contract, the SUPPLIER provides the CUSTOMER with access, for a fee, via the Internet environment, to one or more of the Agrimi, TechnoFarm and AgroOffice services or to a system for reflecting the location and movement of machines and/or motor and/or other means of transport (referred to in the Agreement as “Machines”/), through data from mobile devices using a global positioning system /GGA PS/ FarmTrack.
6.1. Access is made through a website maintained by the PROVIDER. 6.1.1. The PROVIDER provides the CLIENT with a username and password with which the latter accesses the site.
6.1.2. The username and password for access are sent to the e-mail address specified by the CLIENT.
6.1.3. The PROVIDER is not responsible for any unreceived username and password due to an incorrectly specified email address by the CUSTOMER.
6.2. The Service may contain links to other Internet sites (for example, advertisements), integrated products of third parties or allow such third parties to send such links.
6.2.1. The link to a third party site does not mean that the PROVIDER approves the content or is associated with the third party.
6.2.2. The PROVIDER does not exercise control over the websites of third parties and the risk of access to these Internet pages or content is entirely for the USER, who should always familiarize himself with the general conditions and the personal data protection policy of these pages before using them.
6.2.3. The PROVIDER is not responsible for damages or missed benefits arising from the use of content, products or services accessible or provided through a third party website.
6.3. The PROVIDER does not guarantee that the provided Service will meet the requirements of the CLIENT, nor that the CLIENT will have access to it without interruptions, in a timely manner or without errors.
6.3.1. The PROVIDER is not responsible for the reliability of the data that may be acquired when using the service (s), and is not responsible that the quality of the service (s) will meet the expectations of the CLIENT. 6.3.2. The PROVIDER is not responsible for damages caused by computer viruses and other malicious programs (spyware, malware, adware, etc.) that have got into the CLIENT's computer system as a result of loading the service (s) and/or downloading content from the service (s).
6.3.3. The CUSTOMER undertakes to provide minimum technical requirements for the end devices and Internet connectivity necessary for the correct operation of the Software, and the PROVIDER is not responsible in case of incompatibility of the CLIENT's hardware.
6.4. The risk of using the service (s) is for the CLIENT
6.4.1. Neither the PROVIDER nor the third parties involved in the creation and delivery of the service are liable for any direct, indirect or other damages that result from the access and/or use of the service.
6.4.2. The PROVIDER is not responsible for the qualification and/or objective/subjective inability of the CLIENT to benefit from the data received.
6.4.3. The SUPPLIER is not responsible for the inability of the CLIENT to achieve higher yields, lower costs, better quality production, etc.
6.4.4. The client bears all the risk of his method of cultivation of agricultural crops.
6.4.5. The SUPPLIER is not responsible for damage and damage to crops caused by actions and/or omissions of the CUSTOMER.
IV. PRICE AND METHOD OF PAYMENT
7. For the services provided, the CUSTOMER pays the PROVIDER a price/fee in the amount additionally agreed for the specific services used by the CLIENT within a certain, explicitly specified period.
7.1. The prices for the products and services offered by the SUPPLIER are negotiated individually with each CLIENT, according to the types of services and products chosen by him.
7.2. The actual non-use by the CLIENT of the access to the systems provided to him by the PROVIDER is NOT a reason for exempting the CLIENT from the obligation to pay the agreed price for the service (s).
7.3. The pricing of service visits is according to the price list of NIK ELECTRONICS LTD.
7.4. All amounts and fees due by the CLIENT (including subscription fees) shall be paid to the SUPPLIER to the bank account specified by the CLIENT as follows:
Bank account IBAN: BG52UNCR70001521586918
BIC code: UNCRBGSF
Bank: UniCredit Bulbank AD
7.5. All prices are exclusive of VAT.
7.6. All costs of payment of the amounts due (e.g. bank fees, currency conversion commissions, etc.) are at the expense of the CLIENT.
7.7. The SUPPLIER issues an invoice and delivers it electronically to an e-mail address specified by the CUSTOMER.
7.7.1. Payments shall be made by the CLIENT within a previously agreed period, which starts from the date of sending the proform/invoice to the e-mail address specified by the CLIENT.
7.7.2. The SUPPLIER is not responsible for an unreceived proform/invoice due to an incorrectly specified email address by the CUSTOMER.
7.7.3. Failure to receive an invoice in paper form by the CLIENT does not exempt him from the arising obligation to pay.
7.8. The PROVIDER has the right to index once a year the prices of its services with the official annual inflation declared by the National Statistical Institute for the previous year or with another value determined by the PROVIDER.
7.8.1. The indexed prices come into force from the 1st of January of each calendar year.
7.9. In case of introduction of new legal requirements or state fees affecting the cost of services, the PROVIDER may update the prices with one month's notice.
V. TERM
8. These GENERAL TERMS AND CONDITIONS are not limited in time and come into force from the date of acceptance of the offer by each CLIENT, including by making the first payment to the SUPPLIER for the use of the relevant service and/or product and apply until the termination of the contractual relationship between the SUPPLIER and the CLIENT and the full repayment of the CLIENT's obligations to the SUPPLIER.
VI. TERMINATION OF THE CONTRACT
9. The contract shall be terminated:
9.1. With the expiration of the term of the contract, provided that it is not extended. In the absence of express written consent of the USER for the continuation of a fixed-term contract, after its expiration, it is converted into an indefinite one under the same conditions, and the USER has the right to terminate it with one month's notice without penalties.
9.2. By mutual written agreement between the parties;
9.3. Upon death or termination of the legal entity of the CLIENT;
9.4. Unilaterally with 7 days (seven days) written notice from the opposing party if the other party violates the terms or requirements of the Contract, additional agreements to it or the General Terms;
9.5. Unilaterally and without notice from the SUPPLIER, upon termination of the activity of the CLIENT, due to liquidation or its declaration of bankruptcy;
9.6. With one month's notice from each of the parties.
VII. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
10. The customer has the following rights:
10.1. To use the services provided by the PROVIDER, after paying their price.
10.2. To obtain from the PROVIDER access rights (username and password) for administration of its user profile (s).
10.3. To change the password provided to him by the PROVIDER.
10.4. To receive a subscription service against a paid fee, including:
a) Updating of functionalities related to the operation of the SOFTWARE;
b) Debugging;
c) Remote connection (by phone, e-mail or means of communication embedded in the SOFTWARE) with the “Software Support” team, within the working hours under item. 12.7;
d) Answering customer questions sent by e-mail; e) Assistance in case of problems;
f) Up to 3 additional on-site visits by an employee of the SUPPLIER, within one subscription period.
10.5. To make suggestions/recommendations for new functionalities, which may be included in upcoming updates, after analysis by the PROVIDER.
11. The client has the following obligations:
11.1. To immediately notify the PROVIDER of technical problems and disruptions in the use of the service.
11.2. To immediately notify the SUPPLIER of all circumstances of changing the data for issuing an invoice and other documents, as well as contact persons, registration address and correspondence address.
11.3. To pay on time the amounts due in favor of the SUPPLIER, according to issued invoices, and in case of delay to suffer the following negative consequences:
a) In case of non-payment of the due fee/fees within 10 /ten/ days after the invoice is due, a call is made or an e-mail is sent by the SUPPLIER with an invitation to repay the obligations.
b) In case of non-payment of the due fee/charges within 30 /thirty/ days after the due date of the invoice, the CUSTOMER's access to the SUPPLIER's system (s) will be terminated.
c) In case of non-payment of the due fee/fees within 90 /ninety days after the due date of the invoice, the customer profile and all personal data contained therein may be deleted and the SUPPLIER shall take the necessary legal and factual actions to collect the obligations. The deletion of data is carried out after the PROVIDER has notified the CUSTOMER of this intention and has provided a reasonable additional payment period, in compliance with the rights of data subjects under Regulation (EU) 2016/679 (GDPR).
11.4. The CUSTOMER is obliged not to transfer his access data to third parties without the express written consent of the PROVIDER.
11.5. To process and store personal data obtained through the SOFTWARE, only on valid grounds, according to Art. 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016.
VIII. RIGHTS AND OBLIGATIONS OF THE PROVIDER
12. The SUPPLIER has the following obligations:
12.1. To provide access to the SOFTWARE subject to the Contract within 10 working days after making payment under the contract or after agreement with the CLIENT.
12.2. To ensure continuous use of the service, except in the cases of:
(a) emergency situations;
b) technical failures;
c) disconnection of the Internet connection for reasons beyond the control of the PROVIDER;
d) interruption in the service of the server, for reasons beyond the control of the PROVIDER;
e) force majeure circumstances.
12.3. To eliminate defects in the services provided as quickly as possible, within the existing technical and production capabilities.
12.4. To provide the CUSTOMER with contact phone numbers in case of damage, complaints or questions.
12.5. Not to provide third parties with the data of the customer profiles used, except for the persons using the service requested by the CLIENT. The provision of data to third parties is carried out only in the presence of a valid legal basis (e.g. legal obligation, performance of contract, legitimate interest) and in accordance with the PROVIDER's Privacy Policy.
12.6. To have qualified employees to serve the CLIENT and maintain the technical condition and quality of the service provided.
12.7. To provide technical support and consultations by phone in the hours between 08:30 a.m. and 6:00 p.m. on weekdays.
12.8. To notify the CLIENT in a timely manner when changing the address of the Internet site for access to the service.
12.9. To provide guidance for working with the service provided in Bulgarian language.
12.10. To store the received data from their arrival on the server in the following way:
a) within a period of not less than 1 year for the FarmTrack service, except in the cases of t. 11.3.c. and so on. 46.4 of these General Terms and Conditions;
b) within a period of not less than 5 years for all other services, except in the cases of 11.3.c. and so on. 46.4 of these General Terms and Conditions.
13. The SUPPLIER has the following rights:
13.1. To receive payments for the provided service, in accordance with the terms of the individual customer contracts and these General Terms and Conditions.
13.2. To unilaterally change the amount of service fees and fees for adding new machines to the CUSTOMER's account, notifying the CUSTOMER in advance, in writing within 7 /seven calendar days before the changes come into force. In the event that the CLIENT does not agree with the changes, he has the right to terminate the contract without penalties within this period.
13.3. To terminate the provision of the service (s) in case of delay of payment for more than 30 /thirty/ days from the due date of the issued invoice.
13.4. To delete all data from the CLIENT's account at the expiration of 90 /ninety days from the due date of an unpaid invoice for the provision of the service/services.
13.5. To change the address of the website through which access is made for the use of the service.
13.6. To carry out interruptions of the service for technical or operational reasons, in which cases it is obliged to notify the CUSTOMER in advance at least 24 (twenty-four) hours before the start of the planned prevention.
14. The PROVIDER declares that it has the legal right to distribute said software products, including to grant the right of use and distribution to third parties.
15. The PROVIDER is not responsible for disputes arising between the CLIENT and third parties in relation to information stored and disseminated through the services provided by the PROVIDER.
16. The PROVIDER guarantees permanent confidentiality, integrity, availability and sustainability of the systems and services for storing personal data.
IX. TRAINING
17. The PROVIDER provides the possibility of training on site or via remote access, according to previously agreed terms and conditions for payment.
17.1. The type and duration of the training are determined depending on the service used by the CLIENT.
17.2. For the purposes of these General Terms and Conditions, the training consists in a complete presentation of the functionalities of the respective module of the software requested by the CLIENT and demonstration of the work with it.
X. NON-COMPLIANCE, LIABILITY AND PENALTIES
18. In case of delay in the payment of amounts due, the CLIENT owes the SUPPLIER compensation in the amount of the statutory interest for late payment (equal to the basic interest rate (APR) declared by BNB, plus ten points), charged on the value of the late payment for the period of delay.
19. If one of the parties fails to fulfil its due obligation, the other party shall be released from its corresponding countervailing obligations for the period of default of the defaulting party.
20. Neither party shall be liable for failure to perform its obligations, due to extraordinary circumstances; hostilities or civil disturbances; epidemics; governmental action or inaction; earthquakes; fires; shortages of manpower, materials, electricity, or communications; or for other reasons beyond reasonable control, except for the Customer's obligation to pay for the services provided and/or the goods supplied.
XI. WARRANTIES AND LIMITATION OF LIABILITY
21. The warranty on the installed GPS equipment is valid only in the case of a contract signed bilaterally by the parties.
22. The warranty period of the GPS equipment is for a period of 24 /twenty four/ months from the date of its installation by the SUPPLIER.
23. The SUPPLIER also provides after-warranty maintenance of equipment, at the request of the CUSTOMER, which is carried out at the expense of the CUSTOMER.
24. The costs of on-site visits for out-of-warranty service are paid by the CUSTOMER, according to the current price list of the SUPPLIER.
25. The PROVIDER makes no commitments or warranties for products and/or services provided by third parties.
26. To the extent permitted by law and except as expressly stated in these terms, the SUPPLIER disclaims all warranties and conditions, express, implied and/or statutory, including without limitation, the implied warranties of title, non-infringement, fitness for sale and for a particular purpose, and the SUPPLIER does not warrant that the products will function securely or without interruption.
27. The PROVIDER shall not be liable for any direct, indirect, incidental or consequential damages, including, but not limited to, damages for loss of profits, trade reputation, use or other intangible losses arising from: (a) the use or inability to use the software; (b) the inability to use the software to access content or data; (c) the cost of purchasing replacement goods or services; (d) unauthorized access to or alteration of CUSTOMER messages or data; or (e) any other matters relating to the software .
28. The SUPPLIER shall not be liable to the CUSTOMER when:
28.1. The services are not provided or are provided with impaired quality indicators, due to regular or incidental tests performed by the PROVIDER in order to optimize the services, in compliance with these General Terms and Conditions;
28.2. The CUSTOMER has not fulfilled its monetary obligation to the SUPPLIER within the time limit;
28.3. There is an inability to use electricity due to local problems with the electrical network or resources outside the electrical network of the SUPPLIER or inoperability of the electrical network, transmission medium or equipment between the SUPPLIER and the CUSTOMER, not through the fault of the former;
28.4. There is an inability to use the Internet due to local problems with the Internet network or resources outside the PROVIDER's network or malfunctioning of the Internet network, transmission medium or equipment between the PROVIDER and the CUSTOMER, not through the fault of the former;
28.5. The CLIENT did not comply with the instructions and requirements provided by the employees of the SUPPLIER.
29. The SUPPLIER shall not be liable for any costs or damages incurred by the CUSTOMER, personally to the CUSTOMER or paid by the CUSTOMER to a third party, which may arise from the non-functioning of the Software and/or as a result of damage to the equipment and/or Software, for any reason whatsoever.
29.1. The SUPPLIER is not responsible for damages caused by the inability of the CLIENT to fulfill its obligations.
29.2. The PROVIDER is not responsible for the inability to fulfill its obligations if this is caused by security measures or other measures preventing access to the Software and services.
29.3. The PROVIDER shall not be liable for loss of funds and/or trading instruments held, derived from, or associated with any part of the Software and/or Services.
30. The total liability of the PROVIDER is limited and may not exceed the value of the amount paid by the CLIENT for the Software and/or service used in the twelve months prior to the event and/or the value of the delivered equipment resulting in the claims by the CLIENT.
XII. PERSONAL DATA
31. NIK ELECTRONICS Ltd. is a personal data operator registered under the Personal Data Protection Act. NIK ELECTRONICS Ltd. complies with the principles of personal data protection provided for in the General Data Protection Regulation (EU) 2016/679 and the legislation of the European Union and the Republic of Bulgaria.
32. Detailed information on what personal data NIK ELECTRONICS Ltd. collects, processes and stores, what are the purposes and principles of collecting, processing and storing personal data, what is the period of storage of personal data, who are the persons to whom the personal data are provided, what are the rights of the CLIENTS whose personal data are processed, as well as what measures are provided for the protection of personal data, etc. find in the Privacy Policies posted at https://nik.bg/.
33. The PROVIDER undertakes to take care of the preservation of personal data, as well as not to distribute, sell or provide to third parties the personal data of its CUSTOMERS, unless this is required by a competent authority, in accordance with the requirements of the law.
34. By filling in the personal data, the CLIENT confirms that he has provided his personal data voluntarily, and that he gives his express permission to collect, process, store and provide this data in accordance with the current Bulgarian legislation, the Data Protection Regulation (EU) 2016/679, when this is necessary to provide the services offered, for accounting purposes, to establish contact with the Customer and to send notifications about the services provided by the PROVIDER.
35. When filling in the data, the CUSTOMER is obliged to provide complete and correct information, regarding his identity and other required data, and in case the CUSTOMER has provided false or incomplete data, the PROVIDER is not responsible in case of failure to fulfill the commitments made.
36. The customer is responsible for filling in other people's personal data. In the event of a dispute which person is bound by these General Terms and Conditions, the customer is considered the person who paid the price for using the service.
37. In the case of processing of personal data for the performance of a task, the PROVIDER will process such data, only to the extent necessary for the performance of the obligations of the PROVIDER, in accordance with these General Terms and Conditions.
38. The SUPPLIER has the right to send customers unsolicited commercial communications in order to make inquiries, conduct surveys or offer them advertisements and information about their own or other merchants' goods and services. The data may be used to send unsolicited commercial communications. By filling in their data, the CUSTOMER consents to the PROVIDER collecting other data about the CLIENT and the end users, for example IP address, time of visit, place from which the Website is accessed, name and version of the web browser, operating system and other parameters provided by the web browser through which the access to the Website is made and any other information. The collected data can be used by the PROVIDER for statistical and marketing research, to improve the services provided to the CLIENTS.
XIII. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
39. The TechnoFarm, AgroOffice and FarmTrack software and their components and the TechnoFarm, AgroOffice and FarmTrack trademarks are the intellectual property of the SUPPLIER and/or third parties with whom the SUPPLIER has concluded an agreement with the right to distribute to CUSTOMERS.
40. The PROVIDER retains ownership of the software products, including the right to grant the right to use the software to other CUSTOMERS.
41. Neither the CUSTOMER nor any other person may modify, disassemble, deconstruct, decompile, adapt, access in an unauthorized manner, provide, copy or in any other way reproduce or modify products and/or services provided by Nik Electronics Ltd.
42. In the event that the CUSTOMER or a related person infringes the intellectual property rights of the SUPPLIER or the rights granted to the SUPPLIER by third parties, the CUSTOMER is obliged to pay the SUPPLIER a penalty in the amount of five times the purchase value of the respective product. This does not limit the SUPPLIER to seek additional compensation in the event that it has suffered greater losses.
XIV. CONFIDENTIALITY
43. The parties agree not to disclose confidential information.
44. Confidential information is any information related to the organization, commercial activity, financial and accounting information, customers, suppliers, equipment, personnel, inventory, source code, algorithms, infrastructure, technical specifications, architecture, databases, know-how, utility of models, rights to semiconductor topography and rights in projects, charts, diagrams and other information relating to the intellectual property rights of the parties, with the exception of information that one of the parties has expressly designated as non-confidential, generally known facts, or information that has been made public by a third party (for example, through advertising, press releases, printed or internet publications, etc.).
45. Each party agrees not to disclose confidential information to third parties in any form, as well as to ensure that its suppliers, employees, subcontractors and associates are bound by the same obligations for the period of the contract, as well as three years after the termination of the contractual relationship.
XV. PROMOTIONAL USE
46. For each of its products and/or services it offers, the SUPPLIER has the right at its discretion to provide customers with promotional conditions for their free use for a certain period of time.
46.1. The period for free use of the respective products and/or services will be indicated for each individual product and/or service.
46.2. The PROVIDER reserves the right at any time to change the package of functionalities, products, services and rights that it provides for free use.
46.3. The term for free use of the products and/or services provided by the PROVIDER may be different in different marketing campaigns.
46.4. After the expiration of the promotional terms provided by the PROVIDER for free use of the relevant products and/or services, if the CUSTOMER has not taken action to switch to a paid version for the use of the respective product and/or services, access to them will be automatically disabled and the created database with all customer data will be irretrievably deleted, within 30 days after deactivation the vacation.
XVI. DATA ACCESS AND INTEROPERABILITY DATA ACT)
47. This section governs the relationship between the SUPPLIER and the CUSTOMER in relation to access to data generated by related products (e.g. GPS devices FarmTrack) and related services (Agrimi, TechnoFarm, AgroOffice), pursuant to Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 (“Data Act”).
48. The CUSTOMER has the right to easy, secure and by default free access to the data generated by its related products (agricultural machinery, sensors and GPS devices FarmTrack), as well as to the metadata necessary for their interpretation. The PROVIDER provides this access directly and in real time, where technically feasible. In cases where immediate access is not possible, the data shall be provided without undue delay after submission of a written request by the CLIENT.
49. At the request of the CUSTOMER, the PROVIDER in its capacity as “data holder” is obliged to provide the generated data to a third party specified by the CUSTOMER (for example, another software provider, insurer or service provider) on fair, reasonable and non-discriminatory terms. The provision is made in a structured, widely used and machine-readable format.
50. The CUSTOMER has the right to effectively switch to another data processing service provider. The SUPPLIER undertakes to remove commercial, technical and contractual barriers to such migration. The transfer of data to the new provider takes place within a transitional period of a maximum of 30 calendar days. In case of excessive technical complexity, this period may be extended by up to 7 months, about which the CUSTOMER is notified in a timely manner. The PROVIDER shall assist in maintaining the functional equivalence of the service with the new provider, insofar as this is technically possible.
51. In exercising the rights under this section, the SUPPLIER shall take measures to protect trade secrets. Access may be restricted only if there is a serious risk of unauthorised disclosure of confidential information. The obtained data may not be used by the CUSTOMER or third parties for the development of a product that is directly competitive with the products and services offered by the PROVIDER.
52. Requests for access or portability of data shall be submitted in writing to the management address of the PROVIDER or by e-mail with the title “Request for access to data under the Data Act”.
53. The PROVIDER, in its capacity as data holder, is obliged to provide certain data on request to public authorities, institutions or agencies when they prove an extreme necessity for their use (e.g. to prevent or respond to an emergency of public interest or to perform a specific task of public interest expressly provided for by law).
54. In the event of such a request, the SUPPLIER undertakes:
(a) provide the data without undue delay;
(b) implement appropriate technical and organisational measures to protect confidentiality and trade secrets;
c) notify the CLIENT of the request received and of the data transmitted as soon as possible, unless expressly prohibited by applicable law (e.g. due to national security interests or criminal investigation).
XVII. ADDRESSES AND CONTACTS FOR CORRESPONDENCE
55. The Parties shall determine the addresses and contact details specified in the Agreement with each other in the cases provided for in the Agreement and these General Terms and Conditions.
55.1. All communications and notifications between the parties should be made in writing, as a condition of validity. The written form shall be deemed to have been complied with when notifications are made to the addresses specified in the Agreement by registered letter with return receipt, courier mail, fax or e-mail message. Messages sent under these conditions will be considered as validly received without the need for confirmation by their addressee.
55.2. In the event that either party changes the aforementioned address and/or contact person and does not notify the other party in writing at the latest 24 (twenty-four) hours after the change, or in case of refusal to receive notification, or if it is impossible to be found at the address specified in this contract, regardless of the reason for this, the communications sent to the address specified in the contract or last declared shall be deemed to have been duly served and accepted by the addressee.
XVIII. CHANGES TO GENERAL TERMS AND CONDITIONS
56. The SUPPLIER has the right to unilaterally amend and supplement these general conditions, about which it notifies the CUSTOMERS no less than one month before the date on which the amendments come into force, by means of notices published on its Internet pages https://nik.bg or by sending individual notifications to the e-mail registered by the CLIENT and/or through the information environment of the systems used by the CLIENT - Agriculture, TechnoFarm, AgroOffice, FarmTrack.
56.1. The amended General Terms and Conditions retain and continue their validity for the entered into legal relations.
56.2. The CUSTOMER is bound by the changes in these General Terms and Conditions if he does not notify the SUPPLIER in writing that he does not accept them before the date of their entry into force.
56.3. In case of disagreement by the CLIENT with changes to the General Terms and Conditions, the PROVIDER may refuse access to the provided products and services.
56.4. In case of disagreement with changes to the General Terms and Conditions, each of the parties has the right to terminate the contractual relationship with one month's written notice to the other party.
XIX. FINAL PROVISIONS
57. In case of discrepancies between the provisions of these General Terms and the concluded individual contracts, the clauses of the respective individual contract shall apply.
58. The possible invalidity of any of the provisions of these General Terms and Conditions will not result in the invalidity of the other provisions and/or the concluded individual customer contracts.
59. All disputes arising from or relating to these general terms and conditions, if they cannot be settled amicably between the SUPPLIER and the CLIENT through negotiations, will be referred for resolution to the competent Bulgarian court.
60. For unresolved issues related to the implementation and interpretation of these General Terms and Conditions, the laws of the Republic of Bulgaria shall apply.
