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General Terms and Conditions
GENERAL TERMS AND CONDITIONS
Version 1.0
Welcome to our website www.dpk.bg. Please read these Terms and Conditions carefully, as they constitute the agreement governing the relationship between us and you when using our services.
Terminology
- "Site/The Site" refers to the website www.dpk.bg
- "We, us, the Company" refers to "GMP Consult" LLC, UIC: 203745236, address: Varna, 11A "Andrey Saharov" Street, trading under the name GMP Consult Ltd.
- "Client" refers to any natural and/or legal person using the content of the Site and the services offered directly and indirectly on it.
- "DPК/VCC" refers to a variable capital company under the provisions of the Bulgarian Commercial Act.
- "Content" refers to everything published on the Site, such as text, images, graphics, logos, contacts, and others, while actions such as visiting the Site, browsing the Site, making inquiries through the Site, reading articles published in the Blog of the Site, clicking on links, entering information, commenting, and other similar actions are considered as using the Content.
- "Services" refers to the paid and free services we provide as indicated on the Site, while actions such as registering and creating an account by the Client, entering information about a DPK/VCC by the Client, making an inquiry to the Company for a specific service, using all versions of the Site, and utilizing all functionalities of the Site are considered as using the Site's Services.
- "Subscription Fee" refers to the price in Bulgarian lev or euros that the Client is obligated to pay to the Company at fixed intervals for the use of the paid Services of the Site.
- "Parties" refers to the Company and the Client collectively.
1. These Terms and Conditions govern the Client's access to and use of the Services and the Site (including all individuals authorized by the Client).
2. The Site is owned by the Company and is operated and maintained by the Company or a third party assigned these functions.
3. The Services offered through the Site are provided by the Company to the Client under these Terms and Conditions, constituting an agreement between the Parties. The agreement becomes effective when the Client confirms acceptance of the Terms and Conditions by registering an account on the Site, clicking the "I accept" button during registration, signing an Order Confirmation (if applicable), signing any agreement referring to these Terms and Conditions or any amended version thereof, or accessing the Services. The term "signing" includes all forms of electronic signatures. All such actions shall be deemed as acceptance of the agreement, and the date of such acceptance shall be the effective date of the agreement.
4. This agreement supersedes all previous or ongoing negotiations or communication between us and the Client regarding the Services and the Site unless expressly agreed otherwise.
5. The Company's Services are intended for natural and/or legal persons (legal entities) acting within the scope of their business, profession, or trade. The Services are offered only if the rules and clauses of these Terms and Conditions are accepted. If you do not agree with them, please do not use the Content and Services of the Site.
Access
6. The Company makes all reasonable efforts to maintain the Site, but it does not guarantee constant and uninterrupted access. Usage interruptions may occur due to updates, content modifications, maintenance, or poor internet connectivity.
7. The Company reserves the right to interrupt access to specific Content or the entire Site for an indefinite period, planned or incidental, without liability for any damages incurred by the Client as a result of such suspension.
8. If the Services become unavailable or otherwise do not function properly, the Client must report the issue to the Company via email at contact@dpk.bg, providing as much detail as possible. We will make all reasonable efforts to resolve the issues with the Services without undue delay upon receiving this email.
9. This section does not apply to: (a) features or services that are not subject to these Terms and Conditions, (b) errors caused by factors beyond our reasonable control; those resulting from errors or interactions with the Client's or a third party's software or hardware; those caused entirely or partially by the Site developer's error or any breach of the Agreement by the Client or any user.
Subscriptions
10. We offer the Services described on the Site. The Subscription Fee applicable to the Client shall be as indicated on the Site and in the Client’s account (accessible through the Site) and may include one or more of the following subscriptions:
10.1. Free Subscription Plan: A limited number of Services may be provided free of charge ("Free Services") by us for a limited period of time. Information on the provision of Free Services is published on the Site or is offered in the form of an individual offer to the Client.
10.2. Paid Subscription Plan: The Company offers its Services upon payment for one of the types of monthly or annual subscription plans offered, information about which can be found on the Site. The full range of Services based on a selected subscription plan will be available only when the Client has made payment for a paid subscription as indicated on the Site. The Site provides details of the Services available to the Client and the subscription fees.
11. The Client may may choose to upgrade from a free subscription plan to one of the paid subscription plans at any time. The Client may terminate the paid subscription plan at any time, but no refund of subscription fees will be due from the Company.
12. The Subscription Fee is due from the Client to the Company upon creating a Client account on the Site and after completing the necessary steps for the formation and registration of a DPK/VCC. We calculate and invoice subscription fees in accordance with the conditions on the Site.
13. The Subscription Fee is paid by the Client through a virtual POS terminal using a debit or credit card, without deductions or withholding, and in accordance with the payment methods and terms specified on the Site.
14. Unless otherwise provided by law or explicitly agreed upon in writing with us, payments are non-refundable. The Client must notify the Company in writing within 30 calendar days of any charge that they believe has been mistakenly charged and invoiced.
15. For the paid Subscription Fee, the Company issues a tax invoice to the Client in accordance with the legislation of the Republic of Bulgaria. The invoice is provided to the Client through the platform or to the email address for registration provided by the Client.
16. The Company reserves the right to unilaterally change the Subscription Fee payable by the Client for the provision of the Services. Any change of the Subscription Fee shall be considered notified to the Client from the date the amended Terms and Conditions are published on the Company's Site.
17. When we publish updated subscription fees on the Site, they shall apply to the Client from the date his/her subscription period is due for renewal. When necessary, we may update the fees at any other time by providing written notice to the Client at least 30 calendar days in advance. In such cases, the Client has the right to terminate the Agreement at any time during the notice period and receive a refund of any fees paid in advance for the time after the termination date.
Data
18. In these Terms and Conditions, the term "Data" means all data imported or entered into the Client's account by us, by the Client, or by any other party on behalf of the Client.
19. The Client is responsible for ensuring that the data is accurate, complete, and up-to-date, and the Company shall not be liable for any inaccuracies or omissions.
20. The Client grants the Company a non-exclusive, royalty-free right to process, use, copy, cache, store, display, and reproduce the Data (including all intellectual property rights in the Data) for the purposes of fulfilling its obligations under these Terms and Conditions.
21. The Company may collect, use, and disclose aggregated data obtained from the use of the Services on its Site for analysis, marketing, and other business purposes in support of service provision. All such data will be in aggregate form only and will not contain any personally identifiable data.
Security
22. We have implemented strict security measures, including cross-site scripting (XSS), cross-site request forgery (CSRF), and SQL injection protection, to secure our Site and your Data from accidental loss, theft, unauthorized access, or disclosure.
23. The Client must immediately notify us if they suspect or discover a security breach related to the provision or receipt of the Services, and both parties shall make all reasonable efforts to promptly address such breaches.
Copyrights
24. The content of the Site, including text, graphic, and design information on all its pages, including Articles published in the Blog, is the property of the Company.
25. Upon payment of the subscription fee, the Client may access and use the Services in compliance with and subject to these General Terms and Conditions. Unless otherwise specified, the rights granted under this clause apply only to the Client and are not considered granted to any Client affiliate or third party authorized by the Client.
26. Except as provided in the previous point, the Client or any third party with access to the Client’s account on the Site is not allowed to do the following without the explicit permission of the Company: (i) modify, translate, create, or attempt to create derivative works of or copy the Site in whole or in part; (ii) reproduce, decompile, disassemble, or otherwise reduce the Site’s code to its source code form; (iii) distribute, assign, display, sell, lease, transfer, transmit, host, subcontract, disclose, provide, commercially exploit, or otherwise transfer the right to use the Site.
27. Any of the actions mentioned above performed by the Client or any third party who has access to the Client’s account on the Site is strictly prohibited and will be considered a violation of the Company's copyrights.
Client Obligations
Compliance with Applicable Laws
28. The Client agrees to comply with applicable laws regarding the use of the Services and Content on the Site, as well as in providing and using the Data. The Client guarantees that the data they provide is not obscene, defamatory, or offensive.
29. The Client shall not use the Services for any illegal or unauthorized purpose, including violating intellectual property rights or other similar rights of any person, nor shall they cause harm or otherwise infringe upon the rights of any person.
30. The Company reserves the right to disable access to the Services and the Site for the Client or end-user and to remove any Data or other material that violates legal regulations.
Non-Competition Clause
31. The Client shall not and shall not attempt to access all or part of the Services and the Site to create a product or service that competes with the Services and/or the Site. The Client shall not access the Services and the Site for the purpose of monitoring suitability, performance, or functionality or for any other comparative or competitive purposes.
Protection of Account Login Data
32. The Client guarantees that only one user will use or have access to his/her account on the Site. The Client shall take all reasonable steps to protect his/her login credentials from unauthorized use and disclosure. The Client agrees to notify us immediately, but no later than one business day, if they or another user discover or suspect a security breach related to our Site and/or Services.
33. The Client is responsible and liable for all access to and use of the Services through their login credentials, whether authorized by them or not.
34. We shall not be liable for any losses or damages the Client may suffer arising from or related to unauthorized access to the Site and/or Services unless such unauthorized access is a direct result of our willful misconduct or breach of our obligations under the Agreement.
35. We shall not be responsible for any delays or failures in performing our obligations arising due to the Client's failure to fulfill his/her obligations under the Agreement.
Malicious Attacks
36. The Client must not and guarantees that he/she will not introduce into the Site or his/her account any malicious attacks or make the Site and/or Services vulnerable to any vulnerabilities or malicious attacks.
37. In this section: "Malicious Attack" means any thing or device (including any software, code, file, or program) that may: disrupt, impair, or otherwise adversely affect the operation of computer software, hardware, or a network, any telecommunications service, equipment, or network, or any other service or device; damage, impair, or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by rewriting, modifying, or deleting the program or data in whole or in part, or otherwise); or negatively affect user experience, including worms, Trojan horses, viruses, and similar things or devices. "Vulnerability" means a weakness in computing logic (such as code) found in software and hardware components that, when exploited, results in a negative impact on confidentiality, integrity, or availability.
Document Creation and Uploading
38. When creating and uploading documents to his/her account and/or the Site, the Client agrees to sign these documents and confirms that the signatures provided belong to the persons specified in the document. Additionally, the Client acknowledges and agrees that it is their responsibility to verify the validity, enforceability, and admissibility of the electronic signature in their respective jurisdiction (if signed electronically).
Termination
39. Regarding subscriptions, this Agreement shall enter into force on the subscription start date and shall remain in effect for the purchased subscription plan period.
40. Upon expiration of the subscription period, unless either party provides written notice of termination to the other party no less than 30 calendar days before that date, a new subscription period of the same duration will automatically renew.
41. If the Client has chosen not to renew their subscription automatically, access to the Services will be suspended until the subscription is paid. During this period, this Agreement shall remain valid unless the Client sends written notice to the Company requesting termination no less than 30 calendar days in advance.
42. Regarding Free Services, if the Company provides such on its Site, this Agreement shall be effective on the subscription start date and remain in force until the Client deletes his/her account or upgrades to a paid subscription plan for Paid Subscription Services.
43. The Company has the right to unilaterally and immediately terminate the use of the Services from the Client's account when the Client has committed a material breach of their obligations.
44. If the subscription fee is not paid, access to the Site's Services will be suspended until the outstanding subscription fee is paid.
45. We may also suspend the Client's use of the Services or terminate the Agreement when we consider it necessary to protect our business or to safeguard other clients, users, or third parties. This includes instances where the Client uses the Services in a manner that poses a security risk, may affect the operation of our systems, or if the provision of the Services infringes on intellectual property or other rights and interests.
46. We may also suspend the provision of the Services or terminate the Agreement if required to comply with the law or requests from public authorities.
47. Where possible, we will notify the Client in advance of any planned suspension.
48. When the Services are suspended but the Agreement remains in effect, the Client is responsible for paying all fees and expenses incurred during the suspension period. The Client remains liable for all subscription fees up to and including the termination date. The Client is not entitled to a refund of any prepaid subscription fees.
49. Regarding Paid Subscription Services, upon termination, the Client may delete all Data from their account. The client is considered to be notified that when deleting data from their account, removing an added company from their account, or closing the account itself, the system sends an automatic request to us to carry out the requested action. The requested action is carried out by us within 30 (thirty) calendar days from the submission of the request, and we retain the data requested for deletion only in cases where we have a legal interest in doing so or when the law requires us to do so. The same applies when deleting data from an account, removing an added company from an account, or closing the account itself by a Client who has only used the Free Services of the website.
Third-Party Links
50. For the Client's convenience and additional information, the Site may contain links to third-party websites. The Company is not responsible for the content of these websites or access to them. The Company is in no way legally bound to, nor does it sponsor or support any of these third-party websites.
51. Additionally, the Company is not authorized to use trademarks, logos, copyrights, or any other intellectual property that may appear on them. The Company does not pre-approve the content or materials of third-party websites.
52. The use of these websites is subject to the terms published on them, and the Company is not a party to the relationship between the Client and the third party owning such a website.
Blog and Frequently Asked Questions (FAQs)
53. The Company publishes articles on various topics in the Blog of the Site and provides responses in the Frequently Asked Questions (FAQs) section. The Blog articles and FAQs responses are based on the legislation of the Republic of Bulgaria and the European Union at the time of their publication, as well as on various research and statistics. However, due to constant legal changes, the information published on the Site may not be up to date when the Client reads it.
54. The Blog articles and FAQs responses are intended solely for the Client’s general information and should not be considered professional opinions of the Company on a specific case or as legal advice.
55. The Blog articles and FAQs responses provide general information, but the correct application of this information in practice depends on the proper legal qualification of the facts and the consideration of all case-specific circumstances, which cannot be fully described on the Site.
56. The Company does not claim the exhaustiveness of its Blog articles and FAQs responses. Therefore, the Client should always consult the Company and/or a lawyer to specify the facts of their case.
57. Currently, the Client is not allowed to leave comments on the Blog of the Site. If such a right is granted in the future, the posted comment will be published on the Site only after review and approval by the Company. The Company reserves the right not to publish comments that contain offensive, racist, unclear, or promotional content.
Liability
58. We guarantee that the Services on our Site will be provided in a manner consistent with generally accepted standards for identical or similar services and that the Site will operate as described. However, we do not guarantee the accuracy, timeliness, correctness, reliability, or completeness of the Services, nor do we guarantee that the availability, use, or operation of the Services or third-party services will be uninterrupted, error-free, or free from defects.
59. The Company shall not be liable for any material and/or non-material damages incurred if the Client relies on the information provided on the Site and applies it to a particular situation, resulting in damages.
60. The Client should not interpret the materials on the Site as business, financial, investment, commercial, legal, regulatory, tax, or accounting advice. We are not responsible for actions or omissions based on the information available on or through our Site.
61. The Company shall not be liable for damages resulting from the use of outdated content on the Site.
Contact Form and Notifications
62. The Site provides an option for direct contact by phone or email with a Company representative through the Contact page. By submitting an inquiry, the Client expressly agrees that the personal data provided (name, phone number, email, etc.) will be stored and processed by the Company under the laws of the Republic of Bulgaria and the EU.
63. The Client explicitly agrees to use the contact form on the Site only for its intended purpose and will not send offensive, racist, unclear, or promotional content through it.
64. The Company has the right to collect and store information about the Client resulting from the use of the contact form. This information may be used by the Company for surveys, soliciting opinions and feedback from the Client, sending new articles, advertising, and other content related to the operation of the Site and the Company's social media profiles.
65. All notifications made under the Agreement must be in Bulgarian or English and shall be delivered as follows: (i) Notifications from the Client to the Company: All notifications from the Client shall be sent to the email contact@dpk.bg and shall be deemed received at the time of transmission. If the email is sent outside the Company’s working hours, the notification shall be considered received as soon as business hours resume. (ii) Notifications from the Company to the Client: Sent via email to the email address associated with the Client’s registered account. The notification shall be considered received at the time of transmission, or if sent outside business hours, as soon as business hours resume. It is the Client's responsibility to maintain and regularly check this email address.
Confidentiality
66. Each party (the "Receiving Party") shall take reasonable steps to maintain the confidentiality of the terms of the Agreement, including pricing and other terms reflected in the account, and all information and documentation disclosed by the other party (the "Disclosing Party") before, during, or after termination of the Agreement. Confidential information includes but is not limited to software, operations, products, processes, transactions, trade secrets, or the business of the Disclosing Party, including all related software, specifications, designs, and graphics, as well as all information provided by the Client through the use of the Services and all information provided by us or received by the Client. Neither party shall use confidential information for any purpose other than fulfilling their obligations under the Agreement. The Receiving Party shall not disclose confidential information to any third party without the prior written consent of the Disclosing Party. 67. Confidential information does not include information that: (i) is or has become publicly available; (ii) was or is provided to the Receiving Party by a third party that has no obligation of confidentiality to the Disclosing Party; (iii) is required to be disclosed by law to a court or other authority, provided that the Receiving Party notifies the Disclosing Party of such disclosure; (iv) was already disclosed to the Receiving Party before it was disclosed by the Disclosing Party; or (v) was independently developed by the Receiving Party without reliance on any Confidential Information.
68. All forms of the Confidential Information, including, without limitation, all summaries, copies, and excerpts thereof, whether prepared by the Disclosing Party or not, shall be the exclusive property of the Disclosing Party and shall be promptly returned by the Receiving Party to the Disclosing Party or destroyed upon the Disclosing Party’s written request or upon termination of the Agreement (whichever occurs first).
69. The Receiving Party shall not have the right to copy, reproduce, publish, or distribute any Confidential Information, in whole or in part, without the prior written consent of the Disclosing Party. The Receiving Party may retain any Confidential Information to the extent necessary to comply with all applicable laws, professional standards, internal policies, or procedures for document storage, archiving, or recovery.
Force Majeure
70. Neither party shall be liable for non-performance of its obligations under this Agreement, except for payment obligations, due to reasons beyond its reasonable control that directly or indirectly delay or prevent the timely performance under this Agreement if such delay or non-performance results from events beyond its reasonable control, including but not limited to war, riots, terrorism, insurrection, strike, fire, natural disasters, currency restrictions, import or export restrictions, traffic interruptions, power outages or failures of utility services, communication system failures, long-term illness or death, epidemics, pandemics, or other public health crises (and any government response to them, including quarantine or other restrictions), and other force majeure events.
71. If the force majeure event lasts for at least 30 calendar days, either party may terminate this Agreement by written notice to the other party without liability for such termination, except for obligations arising before the force majeure event.
Governing Law
72. These General Terms and Conditions and any dispute arising from them shall be governed by Bulgarian law. Any dispute or claim arising from or in connection with this Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts in Varna, Republic of Bulgaria.
Publicity and Marketing
73. The Client expressly agrees that we may refer to them as a "Client" on our Site, in client lists, and in any of our marketing materials (including displaying the Client’s logo for such a purpose) and that we may publish information about the type of Services we have provided or are providing to them.
74. With prior written approval provided to the Company, the Client agrees that we may write, publish, and distribute the Client’s success story describing their experience using our Services and Site.
Final Provisions
75. By using the Site, the Client expressly and unconditionally agrees to these General Terms and Conditions. The Client may not assign any of their rights under these General Terms and Conditions without our prior written consent.
76. The Company reserves the right to modify these General Terms and Conditions at any time, and the latest version shall take effect for the Client from the date of its publication on the Site without explicit notification of the change.
77. These General Terms and Conditions are drafted in Bulgarian and English, and in the event of any conflict between the two language versions, the Bulgarian version shall prevail.
Last updated: 14.03.2025