GENERAL TERMS AND CONDITIONS OF NIK ELECTRONICS LTD
I. SUBJECT
1. These general terms and conditions are intended to regulate the relations between NIK Electronics Ltd. with its registered office and address of management: Sofia, 11 Brussels Blvd., a company registered in the Commercial Register of the Republic of Bulgaria with UIC: 127072968, hereinafter referred to as the SUPPLIER, and the users, hereinafter referred to as the CUSTOMERS, of the services provided. 127072968, hereinafter referred to as the SUPPLIER, and the users, hereinafter referred to as CUSTOMERS, for the services provided by it, specified in these General Terms and Conditions, hereinafter referred to as the Services.
1.1. The General Terms and Conditions are binding for all CUSTOMERS of NIK Electronics Ltd. These General Terms and Conditions, the Privacy Policy and the Policy for the use and management of cookies of the SUPPLIER are an integral part of every contract for the use of the Services concluded between the SUPPLIER and the CUSTOMER.
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 the products and services offered by the company for a specified period of time by the CUSTOMERS.
1.3. The products and services, as well as their specifications, number and duration, provided to the CLIENT in a specific case, are determined by specific conditions in the sales document(s) issued by the SUPPLIER to the CLIENT.
1.4. A detailed description of the SERVICES and their specifications is published on the SUPPLIER's website at the following address: (...).
1.5. The SUPPLIER 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 updated price list.
1.6. By paying the full or partial price of the SUPPLIER's products and/or services, including subscription services, the CUSTOMER agrees to these General Terms and Conditions.
II. GENERAL RULES FOR ALL TYPES OF SERVICES
Commencement of the service period
2. The SUPPLIER shall provide the CUSTOMER with a written or verbal offer, which includes:
a) Product (licence, device) with description of version/model;
b) Subscription (may not apply in certain cases), version;
c) Price;
d) Delivery time;
e) Validity period of the offer.
2.1. The offer may be in written or oral form and, at the same time as presenting it, the sales representative shall provide the CUSTOMER with information about these Terms and Conditions and the internet address at which they are available.
2.2. An offer may only be provided to the CLIENT by persons authorised by the SUPPLIER (sales representatives).
2.3. The SUPPLIER shall not be liable for offers made by unauthorised persons.
2.4. The offer shall be deemed accepted by the CUSTOMER upon confirmation – verbal, written or implied (by unequivocal action). For CONSUMERS, as well as in distance contracts, the acceptance of the offer is made by express written or electronic confirmation, which provides proof of consent.
2.5. If the CLIENT accepts the offer after the expiry of the validity period specified therein, the SUPPLIER does not guarantee the parameters specified in the offer, as there may be a change in the price and/or delivery terms.
2.6. Acceptance of an offer electronically via the SUPPLIER's specialised platform has the force of a handwritten signature in accordance with the Electronic Document and Electronic Certification Services Act.
3. After payment by the CLIENT for the service provided by the SUPPLIER, the latter shall issue an original invoice, which shall be sent to the CLIENT at the e-mail address registered by them.
4. The pricing of service visits on public holidays is according to the price list of NIK Electronics Ltd.
5. The SUPPLIER reserves the right to suspend the provision of certain services in the event of overdue obligations to NIK Electronics Ltd. for hardware or software products.
III. TERMS OF USE
6. Upon conclusion of a contract for use, the SUPPLIER shall provide the CUSTOMER, against payment, with access via the Internet to one or more of the services Agrimi, TechnoFarm and AgroOffice services or to a system for tracking the location and movement of machines and/or motor vehicles and/or other means of transport (referred to in the Agreement as "Machines") via data from mobile devices using the FarmTrack global positioning system (GPS).
6.1. Access is provided via a website maintained by the SUPPLIER. 6.1.1. The SUPPLIER provides the CLIENT with a username and password, which the latter uses to access the website.
6.1.2. The username and password for access shall be sent to the email address specified by the CLIENT.
6.1.3. The SUPPLIER shall not be liable for any failure to receive the username and password due to an incorrect email address provided by the CUSTOMER.
6.2. The service may contain links to other websites (e.g. advertisements), integrated third-party products or allow such third parties to send such links.
6.2.1. A link to a third-party website does not mean that the SUPPLIER approves of the content or is associated with the third party.
6.2.2.The PROVIDER does not exercise control over third-party websites, and the risk of accessing these websites or content is entirely borne by the USER, who should always familiarise themselves with the general terms and conditions and privacy policy of these websites before using them.
6.2.3. The SUPPLIER shall not be liable for any damages or lost profits arising from the use of content, products or services available or provided through a third party website.
6.3. The SUPPLIER does not guarantee that the Service provided will meet the CLIENT's requirements, nor that the CLIENT will have access to it without interruptions, in a timely manner or without errors.
6.3.1. The SUPPLIER shall not be liable for the reliability of the data that may be obtained when using the service(s), nor shall it be liable for the quality of the service(s) meeting the CLIENT's expectations. 6.3.2.The SUPPLIER shall not be liable for any damage caused by computer viruses and other malicious programs (spyware, malware, adware, etc.) that have entered 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 CLIENT undertakes to ensure the minimum technical requirements for the end devices and Internet connectivity necessary for the proper operation of the Software, and the SUPPLIER shall not be liable for any incompatibility of the CLIENT's hardware.
6.4. The risk of using the service(s) is borne by the CLIENT.
6.4.1. Neither the SUPPLIER nor any third parties involved in the creation and delivery of the service shall be liable for any direct, indirect or other damages resulting from access to and/or use of the service.
6.4.2. The SUPPLIER shall not be liable for the qualification and/or objective/subjective inability of the CLIENT to make use of the data received.
6.4.3. The SUPPLIER shall not be liable for the CLIENT's inability to achieve higher yields, lower costs, higher quality production, etc.
6.4.4. The CLIENT bears the entire risk of the method of crop cultivation used by them.
6.4.5. The SUPPLIER shall not be liable for damage to crops caused by the actions and/or omissions of the CLIENT.
IV. PRICE AND METHOD OF PAYMENT
7. For the services provided, the CLIENT shall pay the SUPPLIER a price/fee in an amount additionally agreed for the specific services used by the CLIENT within a specified, expressly stated period.
7.1. The prices for the products and services offered by the SUPPLIER shall be agreed individually with each CLIENT, according to the types of services and products selected by the CLIENT.
7.2. The actual non-use by the CLIENT of the access to the systems provided to them by the SUPPLIER shall NOT be grounds 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 (including subscription fees) owed by the CLIENT shall be paid to the SUPPLIER to the bank account specified by the SUPPLIER, 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 related to the payment of the amounts due (e.g. bank charges, currency conversion fees, etc.) shall be borne by the CLIENT.
7.7. The SUPPLIER shall issue an invoice and deliver it electronically to the email address specified by the CLIENT.
7.7.1. Payments shall be made by the CLIENT within a pre-agreed period, which shall commence on the date of sending the pro forma invoice/invoice to the email address specified by the CLIENT.
7.7.2. The SUPPLIER shall not be liable for any pro forma invoice/invoice not received due to an incorrect email address provided by the CUSTOMER.
7.7.3. Failure to receive a paper invoice by the CLIENT does not release them from the obligation to pay.
7.8. The SUPPLIER has the right to index the prices of its services once a year with the official annual inflation rate for the previous year announced by the National Statistical Institute or with another value determined by the SUPPLIER.
7.8.1. The indexed prices shall come into force on the first day of January of each calendar year.
7.9. In the event of the introduction of new legal requirements or state fees affecting the cost of services, the SUPPLIER may update the prices with one month's notice.
V. TERM
8. These GENERAL TERMS AND CONDITIONS are not limited in time and shall enter into force on 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 shall apply until the termination of the contractual relationship between the SUPPLIER and the CUSTOMER and the full repayment of the CUSTOMER's obligations to the SUPPLIER.
VI. TERMINATION OF THE CONTRACT
9. The contract shall be terminated:
9.1. Upon expiry of the term of the contract, provided that it has not been extended. In the absence of the USER's express written consent to extend a fixed-term contract, upon its expiry, it shall be converted into an indefinite contract under the same terms and conditions, and the USER shall have the right to terminate it with one month's notice without penalty.
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 (seven) days' written notice from the performing party if the other party violates the terms or requirements of the Agreement, additional agreements thereto or the General Terms and Conditions;
9.5. Unilaterally and without notice by the SUPPLIER, upon termination of the CLIENT's activity due to liquidation or declaration of insolvency;
9.6. With one month's notice from either party.
VII. RIGHTS AND OBLIGATIONS OF THE CLIENT
10. The CLIENT has the following rights:
10.1. To use the services provided by the SUPPLIER after paying their price.
10.2. To receive from the SUPPLIER access rights (username and password) for the administration of the user profile(s) provided to it.
10.3. To change the password provided to them by the SUPPLIER.
10.4. To receive subscription service for a fee, including:
a) Updating of functionalities related to the operation of the SOFTWARE;
b) Removal of software errors;
c) Remote connection (by telephone, e-mail or means of communication built into the SOFTWARE) with the "Software Support" team, within the working hours specified in item 12.7;
d) Responding to customer questions sent by e-mail; e) Assistance with any problems that arise;
f) Up to 3 additional on-site visits by a SUPPLIER employee within one subscription period.
10.5. To make suggestions/recommendations for new features that may be included in future updates, after analysis by the SUPPLIER.
11. The CLIENT has the following obligations:
11.1. To immediately notify the SUPPLIER of any technical problems and disruptions in the use of the service.
11.2. To immediately notify the SUPPLIER of any changes in the data for issuing invoices and other documents, as well as of the contact persons, registration address and correspondence address.
11.3. To pay the amounts due to the SUPPLIER on time, according to the invoices issued, and in case of delay to bear the following negative consequences:
a) In case of non-payment of the due fee/fees within 10 (ten) days after the invoice due date, the SUPPLIER shall make a phone call or send an e-mail with a request for payment of the obligations.
b) If the fee/fees due are not paid within 30 (thirty) days of the invoice due date, the CLIENT's access to the SUPPLIER's system(s) will be terminated.
c) If the fee/fees due are not paid within 90 (ninety) days of the invoice due date, the customer profile and all personal data contained therein may be deleted and the SUPPLIER shall take the necessary legal and factual steps to collect the debts. The deletion of data shall be carried out after the SUPPLIER has notified the CUSTOMER of its intention and has provided a reasonable additional period for payment, in compliance with the rights of data subjects under Regulation (EU) 2016/679 (GDPR).
11.4. The CLIENT shall not transfer their access data to third parties without the express written consent of the SUPPLIER.
11.5. To process and store personal data obtained through the SOFTWARE only on valid grounds, in accordance with Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
VIII. RIGHTS AND OBLIGATIONS OF THE SUPPLIER
12. The SUPPLIER shall have the following obligations:
12.1. To provide access to the SOFTWARE, subject to the Agreement, within 10 working days after payment under the Agreement or after agreement with the CLIENT.
12.2. To ensure uninterrupted use of the service, except in cases of:
a) emergency situations;
b) technical malfunctions;
c) interruption of the Internet connection for reasons beyond the control of the SUPPLIER;
d) interruption in server service due to reasons beyond the control of the SUPPLIER;
e) force majeure circumstances.
12.3. To fix any problems with the services as quickly as possible, within the limits of what's technically and operationally possible.
12.4. To provide the CLIENT with contact telephone numbers in case of malfunctions, complaints or questions.
12.5. Not to provide third parties with data on the customer profiles used, with the exception of persons using the service specified by the CLIENT. Data shall only be provided to third parties if there is a valid legal basis (e.g. legal obligation, performance of a contract, legitimate interest) and in accordance with the SUPPLIER's Privacy Policy.
12.6. To have qualified employees to serve the CLIENT and maintain the technical integrity and quality of the service provided.
12.7. To provide technical support and advice by telephone between 08:30 and 18:00 on working days of the week.
12.8. To notify the CLIENT in a timely manner of any change in the address of the website for accessing the service.
12.9. To provide instructions for using the service provided in Bulgarian.
12.10. To store the data received from the moment of its arrival on the server in the following manner:
a) for a period of not less than 1 year for the FarmTrack service, except in the cases of item 11.3.c. and item 46.4 of these General Terms and Conditions;
b) for a period of not less than 5 years for all other services, except in the cases referred to in points 11.3.c and 46.4 of these General Terms and Conditions.
13. The SUPPLIER shall have the following rights:
13.1. To receive payments for the service provided, 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 CLIENT's account, by notifying the CLIENT in advance, in writing, within 7 (seven) calendar days before the changes come into effect. If the CLIENT does not agree with the changes, they have the right to terminate the contract without penalty within this period.
13.3. To terminate the provision of the service(s) in the event of a delay in payment of more than 30 (thirty) days from the due date of the issued invoice.
13.4. To delete all data from the CLIENT's profile upon expiry of 90 (ninety) days from the due date of an unpaid invoice for the provision of the service(s).
13.5. To change the address of the website through which access to the service is provided.
13.6. To interrupt the service for technical or operational reasons, in which case it shall notify the CLIENT at least 24 (twenty-four) hours in advance of the start of the planned maintenance.
14. The SUPPLIER declares that it has the legal right to distribute the specified software products, including granting the right of use and distribution to third parties.
15. The SUPPLIER shall not be liable for any disputes arising between the CLIENT and third parties in connection with information stored and distributed through the services provided by the SUPPLIER.
16. The SUPPLIER guarantees the constant confidentiality, integrity, availability and sustainability of the systems and services for storing personal data.
IX. TRAINING
17. The SUPPLIER provides training on site or via remote access, in accordance with pre-agreed terms and conditions regarding duration and payment.
17.1. The type and duration of the training shall be determined depending on the service used by the CLIENT.
17.2. For the purposes of these General Terms and Conditions, training shall consist of a full presentation of the functionalities of the relevant software module requested by the CLIENT and a demonstration of how to use it.
X. NON-PERFORMANCE, LIABILITY AND SANCTIONS
18. In case of delay in the payment of amounts due, the CLIENT shall owe the SUPPLIER compensation in the amount of the statutory interest for delay (equal to the base interest rate (BIR) announced by the BNB, plus ten points), calculated on the value of the delayed payment for the period of delay.
19. If either party fails to perform its due obligation, the other party shall be released from its corresponding obligations for the period of non-performance by the defaulting party.
20. Neither party shall be liable for failure to perform its obligations due to extraordinary circumstances; acts of war or civil unrest; epidemics; government action or inaction; earthquakes; fires; shortages of labour, materials, electricity, or communications; or other causes beyond reasonable control, except for the CLIENT's obligation to pay for services rendered and/or goods delivered.
XI. WARRANTIES AND LIMITATION OF LIABILITY
21. The warranty for the installed GPS equipment is valid only in the case of a contract signed by both parties.
22. The warranty period for the GPS equipment is 24 (twenty-four) months from the date of its installation by the SUPPLIER.
23. The SUPPLIER shall also provide out-of-warranty maintenance of equipment at the request of the CLIENT, which shall be carried out at the expense of the CLIENT.
24. The costs of on-site visits for out-of-warranty service shall be paid by the CLIENT, according to the SUPPLIER's current price list.
25. The SUPPLIER makes no commitments or guarantees for products and/or services provided by third parties.
26. To the extent permitted by law and except as expressly stated in these terms and conditions, the SUPPLIER disclaims all warranties and conditions, express, implied and/or statutory, including, without limitation, implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, such as THE SUPPLIER does not warrant that the products will function securely or without interruption.
27. THE SUPPLIER shall not be liable for any direct, indirect, incidental or consequential damages, including, but not limited to, damages for loss of profits, business 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 substitute goods or services; (d) unauthorised access to or alteration of the CLIENT's communications or data; or (e) any other issues related 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 compromised quality indicators due to regular or incidental tests performed by the SUPPLIER with a view to optimising the services, in compliance with these General Terms and Conditions;
28.2. the CLIENT has not fulfilled its financial obligation to the SUPPLIER on time;
28.3. It is impossible to use electricity due to local problems with the electricity network or resources outside the SUPPLIER's electricity network or malfunction of the electricity network, transmission medium or equipment between the SUPPLIER and the CUSTOMER, through no fault of the former;
28.4. It is impossible to use the Internet due to local problems with the Internet network or resources outside the SUPPLIER's network or malfunction of the Internet network, transmission medium or equipment between the SUPPLIER and the CUSTOMER, through no fault of the former;
28.5. The CLIENT has failed to comply with the instructions and requirements provided by the SUPPLIER's employees.
29. The SUPPLIER shall not be liable for any costs or damages incurred by the CLIENT, personally to the CLIENT or paid by the CLIENT to a third party, which may arise from the malfunctioning of the Software and/or as a result of damage to the equipment and/or Software, for any reason whatsoever.
29.1. The SUPPLIER shall not be liable for any damages caused by the CLIENT's failure to fulfil its obligations.
29.2. The SUPPLIER shall not be liable for any failure to perform its obligations if this is caused by security measures or other measures preventing access to the Software and services.
29.3. The SUPPLIER shall not be liable for any loss of funds and/or trading instruments contained in, derived from, or associated with any part of the Software and/or services.
30. The total liability of the SUPPLIER is limited and may not exceed the amount paid by the CLIENT for the Software and/or service used during the twelve months prior to the event and/or the value of the equipment delivered, which led to 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, to whom the personal data is provided, what are the rights of CUSTOMERS whose personal data is processed, as well as what measures are in place to protect personal data, etc., can be found in the Privacy Policies published at https://nik.group/.
33. The SUPPLIER undertakes to take care to preserve personal data and not to distribute, sell or provide the personal data of its CUSTOMERS to third parties, unless required by a competent authority in accordance with the requirements of the law.
34. By filling in their personal data, the CLIENT confirms that they have provided their personal data voluntarily and that they give their explicit consent for the collection, processing, storage and provision of this data in accordance with the applicable Bulgarian legislation, Regulation (EU) 2016/679 on data protection, when 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 SUPPLIER.
35. When filling in the data, the CUSTOMER is obliged to provide complete and accurate information about their identity and other required data, and in case the CUSTOMER has provided incorrect or incomplete data, the SUPPLIER shall not be liable for failure to fulfil its obligations.
36. The CLIENT is responsible for filling in other people's personal data. In case of a dispute about which person is bound by these General Terms and Conditions, the person who paid for the service is considered the CLIENT.
37. In cases of processing personal data for the performance of a specific task, the SUPPLIER shall process such data only to the extent necessary for the performance of the SUPPLIER's obligations in accordance with these General Terms and Conditions.
38. The SUPPLIER shall have the right to send CUSTOMERS unsolicited commercial communications in order to make enquiries, conduct surveys or offer them advertisements and information about its own goods and services or those offered by other traders. The data may be used to send unsolicited commercial communications. By filling in their data, the CUSTOMER gives their consent to the SUPPLIER to collect other data about the CUSTOMER and end users, such as IP address, time of visit, location from which the website was accessed, name and version of the web browser, operating system and other parameters provided by the web browser through which the website was accessed, and any other information. The collected data may be used by the SUPPLIER for statistical and marketing research, to improve the services provided to CUSTOMERS.
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 SUPPLIER retains ownership of the software products, including the right to grant other CUSTOMERS the right to use the software.
41. Neither the CLIENT nor any other person may modify, disassemble, deconstruct, decompile, adapt, access in an unauthorised manner, provide, copy or in any other way reproduce or modify the products and/or services provided by NIK Electronics Ltd.
42. In the event that the CLIENT or a person associated with them infringes the intellectual property rights of the SUPPLIER or the rights granted to the SUPPLIER by third parties, the CLIENT shall be obliged to pay the SUPPLIER a penalty amounting to five times the purchase price of the relevant product. This shall not limit the SUPPLIER's right 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 organisation, commercial activity, financial and accounting information, customers, suppliers, equipment, personnel, inventory, source code, algorithms, infrastructure, technical specifications, architecture, databases, know-how, utility models, semiconductor topography rights and rights in designs, drawings, diagrams, as well as other information relating to the intellectual property rights of the parties, except for information that one of the parties has expressly designated as non-confidential, common knowledge, or information that has been made public by a third party (e.g., through advertising, press releases, printed or online publications, etc.).
45. Each party agrees not to disclose confidential information to third parties in any form whatsoever and to ensure that its suppliers, employees, subcontractors and associates are bound by the same obligations for the duration of the contract and for three years after the termination of the contractual relationship.
XV. PROMOTIONAL USE
46. For each of its products and/or services offered, the SUPPLIER shall have the right, at its discretion, to provide CUSTOMERS with promotional terms for their free use for a certain period of time.
46.1. The period of free use of the relevant products and/or services will be specified for each individual product and/or service.
46.2. The SUPPLIER reserves the right to change the package of features, products, services and rights it provides for free use at any time.
46.3. The period of free use of the products and/or services provided by the SUPPLIER may vary in different marketing campaigns.
46.4. Upon expiry of the term of the promotional conditions provided by the SUPPLIER for free use of the relevant products and/or services, if the CLIENT has not taken steps to switch to a paid version for use of the relevant product and/or services, access to them will be automatically deactivated and the database created with all customer data will be irretrievably deleted within 30 days of deactivation.
XVI. DATA ACCESS AND OPERATIONAL COMPATIBILITY DATA ACT)
47. This section regulates the relationship between the SUPPLIER and the CUSTOMER in relation to access to data generated by related products (e.g. FarmTrack GPS devices) and related services (Agrimi, TechnoFarm, AgroOffice), in accordance with Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 ("Data Act").
48. The CUSTOMER shall have the right to easy, secure and, by default, free access to the data generated by its connected products (agricultural machinery, sensors and FarmTrack GPS devices), as well as to the metadata necessary for their interpretation. The SUPPLIER shall provide this access directly and in real time, where technically feasible. Where immediate access is not possible, the data shall be provided without undue delay upon written request from the CUSTOMER.
49. At the request of the CLIENT, the SUPPLIER, in its capacity as "data controller", shall be obliged to provide the generated data to a third party specified by the CLIENT (e.g. another software supplier, insurer or service provider) on fair, reasonable and non-discriminatory terms. The provision shall be made in a structured, commonly used and machine-readable format.
50. The CLIENT has the right to effectively switch to another data processing service provider. The SUPPLIER undertakes to remove any commercial, technical and contractual obstacles to such migration. The transfer of data to the new provider shall be carried out within a transition period of a maximum of 30 calendar days. In case of excessive technical complexity, this period may be extended by up to 7 months, of which the CLIENT shall be notified in a timely manner. The SUPPLIER shall assist in maintaining the functional equivalence of the service with the new provider, to the extent that this is technically possible.
51. When 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 unlawful disclosure of confidential information. The data received may not be used by the CLIENT or third parties to develop a product that is in direct competition with the products and services offered by the SUPPLIER.
52. Requests for access or data portability shall be submitted in writing to the SUPPLIER's registered office or by e-mail with the subject line "Request for access to data under the Data Act".
53. The SUPPLIER, in its capacity as data controller, is obliged to provide certain data to state authorities, institutions or agencies when they prove an exceptional need for their use (e.g. to prevent or respond to an emergency situation 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) apply appropriate technical and organisational measures to protect confidentiality and trade secrets;
c) notify the CLIENT of the request received and 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 for communication between themselves in the cases provided for in the Agreement and these General Terms and Conditions.
55.1. All communications and notifications between the parties shall be made in writing as a condition of validity. The written form shall be deemed to have been complied with when the notifications are sent to the addresses of the parties specified in the Contract by registered letter with return receipt, courier mail, fax or e-mail. Communications sent under these conditions shall be deemed to have been validly received without the need for confirmation by the addressee.
55.2. In the event that either party changes the above-mentioned address and/or contact person and fails to notify the other party in writing within 24 (twenty-four) hours after the change, or in case of refusal to receive notification, or in case of inability to be found at the address specified in this contract, regardless of the reason for this, the messages sent to the address specified in the contract or last declared address shall be considered duly delivered and accepted by the addressee.
XVIII. CHANGES TO THE GENERAL TERMS AND CONDITIONS
56. The SUPPLIER shall have the right to unilaterally amend and supplement these general terms and conditions, for which it shall notify the CUSTOMERS at least one month before the date on which the amendments come into force, through announcements published on its websites https://nik.group/ and/or by sending individual notifications to the e-mail address registered by the CLIENT and/or through the information environment of the systems used by the CLIENT - Agrimi, TechnoFarm, AgroOffice, FarmTrack.
56.1. The amended General Terms and Conditions shall remain in force and continue to apply to existing legal relationships.
56.2. The CLIENT shall be bound by the changes to these General Terms and Conditions unless they notify the SUPPLIER in writing that they do not accept them before the date of their entry into force.
56.3. If the CLIENT disagrees with the changes to the General Terms and Conditions, the SUPPLIER may refuse access to the products and services provided.
56.4. In the event of disagreement with changes to the General Terms and Conditions, either party shall have the right to terminate the contractual relationship by giving 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 Conditions 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 shall not invalidate the remaining provisions and/or the individual customer contracts concluded.
59. All disputes arising from or relating to these General Terms and Conditions, if they cannot be settled amicably between the SUPPLIER and the CUSTOMER through negotiations, shall be referred for resolution to the competent Bulgarian court.
60. For any unresolved issues related to the implementation and interpretation of these General Terms and Conditions, the laws of the Republic of Bulgaria shall apply.
