General Terms and Conditions on the website www.evn.bg
I. GENERAL PROVISIONS
Introduction. Access and registration
1. These General Terms and Conditions are a set of binding rules (conditions) of the contracts for access to documents or information resources of from EVN Bulgaria group companies ("General Terms and Conditions"), to which access is provided through the global network ("www"), operating in the form of an information system of interconnected hypertext documents accessible via the Internet.
1.1. The General Terms and Conditions also regulate the rules according to which access to information and documents is provided, or by virtue of which contractual relations with specific EVN Bulgaria group companies may arise, be amended or terminated.
The electronic environment accessible via the Internet, in which all documents or information resources of EVN are placed and functionally bound, as well as of EVN Bulgaria group companies, for which EVN also has the necessary representative power, is called "Information Portal" or only "Portal".
1.2. The Information Portal is accessed after registration according to the procedure announced to the customers, for the successful implementation of which it is necessary to follow the instructions announced in the Information Portal.
This registration for use of the Information Portal is considered successful, in which the registered person (portal user) receives a username and password for access to the Information Portal.
The portal can be accessed via the Internet, through a browser on your end device.
The selected username and password received after successful registration are considered data identifying the person and allowing EVN to verify it before gaining access to the Information Portal. Therefore, the User is obliged to keep his username and password confidential and not to pass them on to others.
Any use of a username and password, including all or any actions performed by a person through a specific username and password, shall be considered legally binding (including having legal consequences) with respect to the person receiving the username and password.
1.3. The information portal EVN Online Plus (Portal / EVN Online Plus) maintained on the website www.evn.bg gives you the opportunity to use various services and access various information resources regarding your relations with EVN group companies - e.g. to pay a bill, to request the conclusion of a contract through the Portal and the like according to the functionalities available in the Portal. When you request the conclusion of a contract through the Portal, the request and the data included in it are provided to and processed by the respective EVN group company - party to the requested contract. Information on how each of EVN group companies processes personal data in their relations with Customers is contained in its privacy statement. The privacy statements of the individual companies in the EVN group are available here and you need to read them.
1.4. You undertake to provide correct, complete and up-to-date data when registering an Account in the Portal and each time you request a service through it, as well as to maintain such data. You also undertake not to impersonate others or to act on behalf of others for whom you do not have the necessary and proper representation. In case of inaccuracy in the data, you are not allowed to use the services accessible through the Portal until it is addressed. When you register in the Portal and subsequently request a relevant service through it, you should fill in all the fields marked as mandatory in the relevant electronic form. In case you do not provide the required and marked as mandatory in the relevant electronic form data or provide incorrect data, EVN in its capacity as an operator of the Portal, is entitled to refuse to register you, terminate or suspend your registration and access to the Profile. In such cases, it is possible that you will get a refusal of your submitted request.
1.5. When you perform actions on behalf of a third party - customer (e.g. you request the conclusion of a contract through the Portal, etc.), you: (i) represent and warrant that you have the necessary representative authority to act on behalf of such third party, (ii) upon request or in accordance with the instructions in the relevant electronic forms on the Portal, you undertake to provide information and documentation certifying your representative authority, and (iii) you undertake to provide this person with all information and documentation sent to you by the relevant EVN group company regarding your actions, including, but not limited to, the services you have requested (contracts, privacy statements, etc.). You understand and undertake to serve as a point of contact in the relationship between the respective EVN group company and the person on whose behalf you act, and any information and documentation sent to you will be considered duly sent and brought to the attention of the respective customer whom you represent.
1.6. You are responsible for all actions performed through your Account using your Username and Password for access. You undertake to notify EVN immediately as an operator of the Portal, in case of unauthorized access to your Account or the likelihood of such.
1.7. In case of non-fulfilment of any of the above obligations, you are obliged to indemnify EVN in its capacity as an operator of the Portal or the respective other EVN group company for any damages (sustained losses, loss of expected gain, administrative sanctions imposed, legal and legal costs incurred and the like), which are a direct and immediate consequence of non-performance.
Parties
2. Parties to the contracts under these General Terms and Conditions are:
2.1. EVN Service Center EOOD, UIC 200530627, VATA ID: BG200530627, (hereinafter referred to as EVN) and
2.2. Any person who (personally or through his / her proxy or through a legal representative) performs a series of actions (legal acts), including provide his / her consent and acceptance of these General Terms and Conditions, as a result of which actions gets access to and uses EVN Information Portal (referred to as "Customer").
Proxy representation
3. EVN also has the necessary representative power (acts in accordance with the proxy representation the company has from other companies in EVN group in Bulgaria) in the legal relations with the customers, arising under these General Terms and Conditions.
4. EVN and the Customers agree that any explicit consent or consent arising from actions with tacit admission (where permitted by law) provided by the Customer by virtue of these General Terms and Conditions or by providing access to and functionalities of the Information Portal is also considered validly given consent (unilateral declaration of intent) or agreement reached with the following entities - EVN Bulgaria group companies:
4.1. “EVN Bulgaria Elektrosnabdiavane” EAD, UIC 123526430 with domicile and registered office: 4000 Plovdiv, 37 Hristo G. Danov street;
4.2. “EVN Bulgaria Toplofikatsia” EAD, UIC 115016602 with domicile and registered office: 4000 Plovdiv, 37 Hristo G. Danov street
Concepts and general stipulations regarding the successful registration of an Account on the Portal and the related documents
5. In these general terms and conditions and in the related documents, the terms used will have the following meaning:
5.1. "Electronic document" means an electronic document as defined in Art. 3, item 35 of Regulation (EU) 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and certification services in electronic transactions in the internal market and repealing Directive 1999/93/EC (OB, L 257/73 of 28 August 2014), hereinafter referred to as "Regulation (EU) № 910/2014" or the relevance in law given to the term electronic document by the Bulgarian or European legislation in case of amendment of the current one. Written form shall be deemed observed if an electronic document is composed containing electronic statement.
5.2. "Electronic statement" means a verbal statement presented in digital form through a generally accepted standard for conversion, reading and presentation of information, or the relevance in law given to the term electronic statement by the Bulgarian or European legislation in case of amendment of the current one.
5.3. "Author of the electronic statement" means the natural person identified in the will of intent as the perpetrator. The holder of the electronic will of intent is the person on whose behalf the electronic statement was made.
5.4. Addressee of the electronic statement may be an entity, which by operation of law must receive electronic statements or for which based on unambiguous circumstances it can be deemed to have agreed to receive the statement in electronic form.
5.5. "Electronic statement intermediary" means a person who, on the assignment of the holder, author or addressee, sends, receives, records or stores an electronic statement or performs other services related to it.
5.6. "Electronic signature" means an electronic signature regulated as defined in art. 3, item 10 of Regulation (EU) № 910/2014, or the relevance in law given to the concept of electronic signature by the Bulgarian or European legislation in case of amendment of the current one.
5.7. "Advanced electronic signature" means an electronic signature regulated as defined in art. 3, item 11 of Regulation (EU) № 910/2014, or the relevance in law given to the concept of advanced electronic signature by the Bulgarian or European legislation in case of amendment of the current one.
5.8. "Qualified electronic signature" means an electronic signature regulated as defined in art. 3, item 12 of Regulation (EU) № 910/2014, or the relevance in law given to the concept of qualified electronic signature by the Bulgarian or European legislation in case of amendment of the current one.
5.9. "Electronic mail" means an electronic means of storing and transmitting electronic messages over an Internet network using standardized protocols.
5.10. "Electronic link" means a link marked on a specific website that allows automatic redirection to another website, information resource or object through standardized protocols.
5.11. "EVN Online Plus" is part of the technically and administratively separated and organized activities and functionalities referred in these General Terms and Conditions "Information Portal" or just "Portal" and means the electronic environment accessible via the Internet, in which all electronic documents are placed and functionally bound or information resource of EVN, as well as of EVN Bulgaria group companies, for which EVN also has the necessary representative power, in order to make legally binding electronic statements in accordance with the current legislation, which give rise to the legal consequences desired by the Parties;
5.12. "Account" means the visual manifestation of a set of personal data and information or commercial information provided at the will and with the express consent of the person - natural or legal, related to a specific computer or online user of the electronic environment, designated as the Portal.
5.13. "Registered user" means a user who has performed on his own behalf (personally) or in his capacity as a proxy, all actions necessary to create an Account, including, but not limited to provision at his own will or upon execution of his given powers of his explicit consent for processing personal data and information or commercial information in connection with the registration and provision (creation) of an Account.
II. EXPRESS DECLARATIONS OF INTENT AND AGREEMENTS
Registration and agreement with the General Terms of Use of www.evn.bg website. Amending and validity period the General Terms and Conditions. Account registration
6. In order to register an Account on the Portal, you should fill in the electronic registration form, check the box "I agree with the General Terms of Use of www.evn.bg website" and the box "I declare that the company in its capacity as administrator has provided to me and I have read the information about the processing of personal data, as well as my rights under the current data protection legislation” and press the virtual button "Registration". By performing the above actions, you make an explicit electronic statement as defined in the Electronic Document and Electronic Trust Services Act (EDETSA), by which you enter into a contract with EVN as an operator of the Portal under these General Terms of Use of www.evn.bg website and the functionalities of the Portal and you hereby declare that: (i) you are aware of them; (ii) you are aware of the Privacy Statement of EVN Service Center EOOD, of EVN Bulgaria Elektrosnabdiavane EAD, of EVN Bulgaria Toplofikatsia EAD and of Elektrorazpredelenie Yug EAD (iii) and aware of the Declaration for use of Cookies, you accept them, agree with them and you undertake to abide by them.
By recording it on a relevant medium on the EVN server through a generally accepted standard for conversion in a technical way, making it possible to reproduce it, the electronic statement acquires the quality of an electronic document as defined in EDETSA.
7. The text of these General Terms and Conditions is available on the Internet at https://www.evn.bg/SpecialPages/Default/GTC.aspx. An integral part of the General Terms and Conditions is the Privacy Statement of EVN Service Center EOOD, available on the Internet on address
https://www.evn.bg/SpecialPages/Default/DeclarationSC.aspx. The General Terms and Conditions and the Privacy Policy are accessible in a way that allows their storage and reproduction.
8. By accepting these General Terms and Conditions of the contracts for access to and use of the Information Portal in the manner agreed between the parties here, the Customer hereby declares, confirms and agrees that:
8.1. The customer considers these General Terms and Conditions of EVN to be binding and valid in respect of any legal action and in all legal relations (including, but not limited to the contractual) arising, changing or terminating between EVN and the Customer;
8.2. Any electronic statement made from the Customer to EVN or from EVN to the Customer is legally valid in the relationship between EVN and the Customer and binding on both parties.
8.3. The parties agree and accept in their relations as agreed that:
(i) each electronic signature used (made) by the Customer and / or advanced electronic signature has legal force equivalent to that of the handwritten signature;
(ii) the legal force of such electronic signatures thus equated to a handwritten signature shall be deemed to be expressly and unambiguously agreed in their legal relations as parties to these General Terms and Conditions or in respect of any other legal relationship (including contractual) arising between the parties or EVN group companies, for which EVN acts as a proxy representative in the legal relations with the Customers.
8.4. Any use of an electronic link that is functionally and/or logically foreseen or used by EVN or the Customer in order to give rise to, modify or terminate a legal relationship (including, but not limited to contractual relationship) between EVN and the Customer, is considered to be valid and binding act in law in the relations between EVN and the Customer or the Customer and EVN group companies, suitable to give rise to legal consequences corresponding to the performed action.
8.5. EVN is entitled to unilaterally amend or replace:
(i) These General Terms and Conditions;
(ii) any information or documents located on the Information Portal;
(iii) the services it offers.
9. Changes to the General Terms and Conditions or their replacement shall take effect from the date of their publication or from another date explicitly specified by EVN.
10. For the delivery of goods or services by EVN or by companies from the EVN group in Bulgaria, requested by the Customer, in which case individual contractual relations may arise with a specific subject, prices, delivery time and other conditions, the Customer will receive and become aware of the specific conditions of the respective contract. For the acceptance of any contractual conditions regarding the delivery of goods or services, other than the relations regulated by the General Terms and Conditions, the Client will give his explicit consent (confirmation).
11. These General Terms and Conditions are binding for the Customer for indefinite time.
Personal Data Protection
12. Regarding the observance of the legislation regulating the protection of personal data, EVN and the Client agree that:
12.1. The customer has provided his personal data for processing for the following specific purposes:
12.1.1. to have access and use the Information Portal (including all available information and documents);
12.1.2. to make requests for or to conclude, amend or terminate contracts;
12.1.3. to provide or receive information;
12.1.4. to be identifiable (recognizable) in order to realize and guarantee its legal interests in the relations with EVN Group companies in Bulgaria, including to update or request the obliteration of personal data.
12.2. The parties agree that personal data, including those of their representatives or contact persons, will be processed solely for the purpose of concluding the contract, performing the procedures under the Electricity Market Rules and the contract or in connection with the information under the contract related to its implementation or termination of its operation, and this data will not be processed for other purposes.
12.3. The legal grounds on the basis of which personal data are processed by EVN when using this platform and the use of the services provided on it are performance of a contract and a legitimate interest. Within these is the processing of personal data in connection with our General Terms and Conditions, contracts for electricity procurement, agreements for deferred payment, etc.
12.4. The Customer provides and EVN or EVN Bulgaria group companies:
12.4.1. process, store and destroy the personal data provided by the customer in accordance with the law and internal rules and methods;
12.4.2. processes the personal data of the Customer for purposes preceding the conclusion or realized after the conclusion of contracts with the Customer, as well as under the conditions under item 2.1 of the these conditions;
12.4.3. process the personal data of the Customer in order to comply with obligations imposed by law on EVN or EVN Bulgaria group companies in their capacity as personal data controllers;
12.5. The types of personal data that will be used by EVN as a data controller are: Names, personal ID number, address, e-mail, telephone number, customer number, metering point number, signature, IBAN, data from powers of attorney, data from documents of title, data for consumption, etc.
12.6. The Customer is entitled in the cases provided by law to request from EVN in his capacity as personal data controller:
12.6.1. to withdraw his consent to the processing of personal data at any time, without prejudice to the lawfulness of the processing based on a given consent before its withdrawal;
12.6.2. to have access to the personal data processed by EVN;
12.6.3. to request EVN to correct processed inaccurate personal data;
12.6.4. to delete his processed personal data ("to be forgotten");
12.6.5. to restrict the processing of his personal data.
12.7. As personal data controller, EVN:
12.7.1. undertakes the necessary technical and organizational measures in order to protect personal data, in accordance with the provisions of the existing legislation;
12.7.2. processes the personal data provided to him by the Customers in accordance with the provisions of the current legislation and the internal rules;
12.7.3. undertakes not to provide the information entrusted to it in the capacity of a personal data controller, to persons other than those specifically identified in the legislation.
12.8. Third parties to whom they may be recipients of personal data are related to the business of EVN, for example:
12.8.1. Third parties, service providers, including persons related to the Company: We may use the services of service providers to get your personal data processed on behalf of the company. This processing of data is done for several reasons such as for example sending of marketing materials. The third parties, service providers, will be bound by confidential rules and it is not allowed to use your personal data for other purpose.
12.8.2. Providers of payment methods and (other) financial institutions: When required processing of payment you have made, including when a refund to you is needed of an amount you have paid, EVN can share part of the information with the payment service provider and relevant financial institutions that can address these processes.
12.8.3. Competent authorities: EVN discloses personal data to the law enforcement authorities, where this is required by law or is absolutely necessary to prevent, ascertain or prosecute criminal activity or fraud. It is possible in the course of the procedure to disclose personal data with the competent authorities in order to protect the company rights or the rights of any third parties.
12.9. Data retention period.
During the storage of personal data the Company observes the deadlines regulated by the applicable legislation and for the cases in which there are no deadlines set, the Company independently sets such deadlines by considering the need and the purpose of the collected data.
12.10. Right to lodge a complaint with a supervisory authority
If you believe that the processing of your personal data is made in violation of the applicable regulations, you have the right to submit a complaint to the Commission for Personal Data Protection.
12.11. Full information on the processing of Customer personal data is available in the EVN privacy policies published in the information portal (link, if possible), as well as in any customer service point.
III. VALIDITY CONDITIONS OF ELECTRONIC STATEMENTS
Making electronic statements. Electronic documents and electronic signing
13. The parties to these General Terms and Conditions agree that:
13.1. In case of registration in EVN Online plus and subsequently performing actions for requesting various services through the functionalities of the Portal, available through your Account (payment of bills, requesting conclusion of contracts, etc.), by filling in the relevant electronic forms, pressing virtual buttons or electronic links and/or by entering various verification and confirmation codes, which you can receive by e-mail or telephone specified by you during your registration, or in your Account, you make an electronic statement as defined in the current legislation, including as defined in the EDETSA, by which you express your will for creating the relevant legal effects - to accept these General Terms and Conditions, to declare and subsequently sign on behalf of the Customer a respective contract, etc. in the form of an electronic document as defined in the EDETSA.
13.2. In the relationship between you and EVN - as an operator of the Portal (for creating an Account in the Portal), and in the relationship between you and the Customer represented by you, on the one hand, and the respective company from EVN group - party to the contract, on the other hand (for requesting and concluding various types of contracts through the Portal), you agree that the authorship of the electronic statements should be established as defined in art. 13, para. 1 with reference to art. 13, para. 4 of the EDETSA. For the avoidance of doubt, entering a Username and Password for accessing the Account will be a way to uniquely identify the Registered User as an author when sending electronic statements to EVN in its capacity as an operator of the Portal or to the other corresponding company in EVN group via the Portal. The parties agree that the electronic statements received under this procedure shall be considered signed with a simple electronic signature, having the effect of a handwritten signature in the relations between them, as defined in art. 3 (10) of Regulation (EU) No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC and art. 13, para. 4 of the EDETSA.
13.3. By accepting the General Terms and Conditions you agree that the communication with you as a Registered User regarding the use of the services through the Portal will be performed electronically, including by e-mail, and you will be the addressee of electronic statements by EVN as an operator of the Portal, including those that are automatically generated and/or sent through the Portal, by e-mail, short text messages (SMS), within your Account or otherwise.
13.4. EVN, resp. the corresponding EVN group company, may store your IP address in log files on its server, as well as any other information necessary for your identification as a Registered User and generation of your electronic statements (acceptance of General Terms and Conditions; requesting and concluding contracts; acceptance of Privacy Statements, etc.), in the event of a legal dispute or proceedings.
13.5. Notwithstanding the agreement expressed between the parties in the preceding paragraphs, they declare and confirm their will that:
13.5.1. any of them or their representatives who make an electronic statement (also referred to as a "statement") in written electronic form, allowing it to be stored as an electronic document (i.e. as content stored in electronic form and in particular as text or sound, visual or audio-visual recording) agrees that he is an author (holder) of the electronic statement, the performance of which is considered that the party concerned:
13.5.1.1. has made the electronic statement on his own behalf as a natural person or acts as a representative of the person on whose behalf the electronic statement is made;
13.5.1.2. any action taken by the party concerned (including, but not limited to, a statement (declaration) of information received or provided or consent given) shall be deemed to be a specific will expressed by that same party (including a legally binding action) capable of giving rise to legal effects (including, but not limited to, giving rise to, amend or terminate rights and obligations (legal relations));
13.5.1.3. is the author (holder) of any electronic statement made by the respective party through actions or inactions that:
(i) provide sufficient information on personal data to enable the identification or verification of the identity of the party concerned;
(ii) facilitate the identification of the party concerned (including through indirect actions by third parties, if any);
(iii) allow the collection of publicly available data or those provided by the person (Customer or proxy) to identify or verify the identity of the person concerned (incl. a party to the contract) and related personal data through personal data collected by any lawful means.
13.5.2. For the purposes of the legal relations arising between the parties under these General Terms and Conditions, the parties agree that they are the addressees of each electronic statement that one party has sent and the other has received as a statement in electronic form.
13.5.3. The electronic statements made by the parties to these General Terms and Conditions through technical functionalities of the Information Portal and confirmed by the username and password created by the Customer will be valid as made by a handwritten signature under the Electronic Document and Electronic Trust Services Act with reference to Regulation (EU) No. 910/2014 of the European Parliament and of the Council or any other Bulgarian or European legislation regulating the validity of the types of electronic statements representing signatures.
13.5.4. The parties to these General Terms and Conditions, that have made an electronic statement (including - signed a document or made a unilateral written electronic statement) by creating and sending it through the functionality of the Information Portal, agree that:
13.5.5. are the authors of both the electronic signatures put on this document and each electronic document signed by them, which electronic document is created, has legal effect and causes legal consequences in their relationship, including, but not limited to, when persons sign electronic documents with which:
(i) an agreement is reached between two or more persons or
(ii) a unilateral written statement is made of the facts, circumstances and related will of the signatory person(s).
13.5.6. the legal effect of the electronic signature and of the advanced electronic signature in their relations is equivalent to that of the handwritten signature as the law has equated the qualified electronic signature to the handwritten one;
13.5.7. their agreement was reached as defined in Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC and in the Electronic Document and Electronic Trust Services Act, as well as in subordinate legislation, which amend, replace or are adopted in connection with the application of the said regulation and act.
13.5.8. electronic statements made by the parties are valid when they are sent, respectively - upon receipt, to the electronic systems unilaterally specified by or agreed between the parties such as - electronic mailboxes (including, but not limited to, cases where mailboxes are integrated as part of the functionality of the “Information Portal”).
Right of withdrawal
(Proviso): the texts in this item “right of withdrawal” shall apply only to Customers - natural persons who have the capacity of consumers as defined in the Consumer Protection Act ("CPA"))
14. EVN informs the Customer that:
14.1. A customer who has the status of a consumer as defined in the CPA has the right, without paying compensation or penalty and without stating a reason, to withdraw from a distance contract concluded under these General Terms and Conditions by notifying EVN of his refusal in writing (including in electronic form) within 14 days from the date of concluding the contract.
14.2. To exercise the right of withdrawal, the Customer may use the standard withdrawal form (annex to the respective contract), or state unambiguously in another way his decision to withdraw from the contract.
14.3. Upon exercising the right of withdrawal EVN shall be obliged to recover all payments received by the Customer under the relevant contract (if any), without undue delay and in any case not later than 14 (fourteen) days from the date of receiving the refusal. If before exercising the right of withdrawal, the Customer has requested the performance of the respective contract to start before the expiry of the period for exercising the right of withdrawal, the Customer owes the proportionate amount of what was actually granted to him under the respective contract until the time he notified EVN of excising the right of withdrawal.
14.4. The payments made by the Customer are refunded by using the same means of payment used by the Customer in the initial transaction.
14.5. When the Customer wishes the performance of the contract to start before the expiration of the term for exercising the right of withdrawal, he has the opportunity to expressly wish to do so by ticking the box "I agree to perform the contract before the expiration of the 14-day period for exercising the right of withdrawal.” in the appropriate form for ordering the contract in EVN Online plus. For the avoidance of any doubt, the commencement of performance of the contract means the undertaking of appropriate legal and / or factual actions by the respective EVN group company - party to the contract, resp. initiation of procedures regulated by the legislation (for example: in case of a request for supply of electricity, these are the factual and legal actions related to the securing of electricity supply. The actual electricity supply to the Customer's site is carried out within the time limits established in the relevant contract with the Customer and in the applicable legislation.
14.6. The Customer is informed and confirms that if he does not expressly wish the execution of the respective contract to start before the expiration of the 14-day period for exercising the right of withdrawal, for which the Customer is informed according to these General Terms and Conditions, the undertaking of the relevant legal and / or factual steps on the electricity supply of the Customer will start after the expiration of the specified 14-day period for refusal.
IV. SUPPLEMENTARY CONDITIONS
Change, restrict or suspend access. Responsibilities.
15. EVN shall be entitled:
(i) to change the Customer's access to the Information Portal, including - the method of access and registration;
(ii) to restrict temporarily the functionalities or the content of information or documents located on the Information Portal concerning the Customer in cases of technical difficulties or force majeure, preventing access to or functioning of the Information Portal;
(iii) permanently terminate access to the Information Portal for individual or all Customers.
16. Regarding a specific Customer, EVN is entitled to terminate unilaterally and without notice the access to the Information Portal in the following cases:
16.1. It has been established or can be reasonably assumed that the Customer disseminates through the Information Portal messages with advertising, commercial, obscene, offensive, defamatory and / or threatening texts and/or images, including on religious or political grounds, as well as those with pornographic or other content that is prohibited by law or its distribution is inadmissible in accordance with generally accepted rules of morality;
16.2. It is established or can be reasonably assumed that the Customer:
(i) violates the laws of the Republic of Bulgaria or international acts to which the Republic of Bulgaria is a party;
(ii) violates rights with its activities, makes damages or damages the good image of EVN or other persons;
(iii) performs actions that endanger the performance capability of the software and technical means through which the services are provided, including to other operators.
17. The restriction or termination of the Customer's access to the Information Portal does not lead to change or termination of other legal relations that have arisen between the Customer or EVN and other EVN group companies in Bulgaria.
18. EVN is not held responsible to the User for any damages (including - sustained loss or loss of expected gain) that may occur as a result of the use of or termination of access to the Information Portal.
19. The User is entitled at any time to stop using the Information Portal, to cancel his registration and to request the destruction of all and any data stored on the information systems of EVN as part of the functionalities of the Information Systems.
20. EVN shall not be held responsible:
(i) for the functionality or content of websites to which links to the Information Portal refer;
(ii) in case of violated performance capabilities or the provision process related to the software or technical provision of other operators on the Internet or of the telecommunication connections in and/or outside the country, as a result of which the Customer cannot use partially or completely the Information Portal.
21. EVN shall not be held responsible for any access to the Information Portal by unauthorized persons, due to the fault of the Customer, due to improper or negligent handling of the system or the Customer providing the unique factors for identification to third parties.
22. EVN keeps an archive of any information and documents exchanged with the Customer (including e-mail correspondence), including all his declarations of intent made to EVN through or outside the Information Portal (including through electronic identification systems or methods used by EVN or a person acting as an Intermediary in the electronic statement). In the event of a dispute between EVN and a Customer, the archived data for each declaration of intent of the parties, information and electronic documents will be considered as evidence of facts and circumstances in the relationship between the parties.
Intellectual property
23. The use of intellectual property objects by Customers located on the Information Portal is prohibited, and the granting of rights of use may be done only in the manner prescribed by law, including - with the knowledge and consent of EVN.
24. EVN provides the Customers only a non-exclusive, non-transferable right to personal use of functionalities, information or documents contained on the Information Portal.
Applicable law and disputes
25. The legislation of the Republic of Bulgaria shall apply to all issues not settled by these General Terms and Conditions.
26. The disputes between EVN and the Customer shall be resolved through negotiations. The Customer shall be entitled to propose alternative mechanisms for resolution of a particular dispute (including through mediation) in the event that during the negotiations is not reached an agreement between the parties.
27. In case that the out-of-court resolution of the dispute between EVN and the Customer turns impossible, then the dispute shall be referred for settlement to the competent court, as the applicable legislation is the Bulgarian legislation.
These General Terms and Conditions shall become effective as of 05.11.2021.
Note: To use the services the User should have a guaranteed access to the Internet by acquiring the necessary equipment, including but not limited to personal computer, modem or other hardware for access to the Internet network, and pay to third parties the costs necessary for such access.