Terms of Use

These General Terms and Conditions govern the relationship between Digital New Era Ltd, hereinafter referred to as "Merchant", on the one hand, and the persons using the services provided by the Merchant, hereinafter referred to as "Customer", on the other hand.
Confirmation of the General Terms and Conditions is a necessary and mandatory condition for the conclusion of a contract between the Customer and the Merchant. By using our website and purchasing our services and products, you agree to all the points mentioned below.
For cases not covered by the individual contract, the relevant provisions of the General Terms and Conditions shall apply. They are an integral part of the individual contract between the Merchant and the Customer and are binding on them, unless other terms are agreed in the individual contract.
I. DEFINITIONS
For the purposes of these General Terms and Conditions, the following terms shall have the following meanings:
Merchant means Digital New Era LTD - the service provider.
Solution refers to ready-made web solutions, custom web solutions and individual solutions that are provided by the Merchant.
Contract for services is a contract, other than a contract of sale, under which the Merchant provides or undertakes to provide a service to the Customer and the Customer pays or undertakes to pay the price for it.
Client is any natural or legal person, including as a Consumer, who acquires goods or uses services provided by the Merchant.
Personal data is any data that can be linked to a specific natural person, including data concerning the person's identification (name, identification number, identity document, etc.), address, place of work, e-mail address, telephone number, as well as any other data relating to that person's behaviour, identity, ethnicity, nationality, self-determination, beliefs or private life.
User is any natural person who acquires goods or uses services that are not intended for use in a commercial or professional activity, as well as any natural person who, as a party to the contract with the Trader, acts outside the scope of his commercial or professional activity.
Service is any material, digital or intellectual activity that is carried out independently, is intended for another person and does not have as its main object the transfer of ownership of an object.
II. GENERAL INFORMATION ABOUT THE MERCHANT
1. "Digital New Era" Ltd. is a limited liability company established in accordance with the legislation of the Republic of Bulgaria and registered in the Commercial Register of the Registry Agency with UIC 207276590, VAT identification number BG207276590, with its registered office and management address in Sofia, gk. "Borovo," ul. "Solun" № 47B, with correspondence address. 47B "Solun", e-mail address CONNECT@NEWWWERA.COM and contact telephone number +359 88 5868 793.
"Digital New Era" Ltd provides:
Instant web solutions in the form of ready-made websites that can be purchased at a fixed price, as we do not provide hosting, also any additional change request other than what is stated in the product specifications will be charged individually.
Custom web solutions - Fully customized solutions including web design and development as well as logo design.
Consultation and assistance in relation to the implementation of the developed website into existing systems/configurations/modules used and/or owned by the client.
Developing and creating a professional brand and logo design.
Other digital solutions.
One of the conditions is that all communication takes place via email so that every change that is requested or made can be tracked.
Customers will have the opportunity to obtain information about the services provided by the Merchant and to contact the Merchant for the purpose of making an inquiry and/or subsequent conclusion of a contract on the Website - NEWWWERA.COM or at the specified email: CONNECT@NEWWWERA.COM
III. SIGNING A CONTRACT
3. For the purposes of entering into a contract for services, the Customer requests a quotation from the Merchant by completing an electronic form on the Merchant's Website NEWWWERA.COM, providing initial indicative information about the potential assignment or by completing the free text contact form on the Merchant's Website.
4. A mandatory prerequisite for contacting the Merchant in the ways described in point 3 is the knowledge of the privacy policy and acceptance of them is carried out with the Customer's continued stay on the website, as well as his eventual purchase of a product or service.
5. For the purpose of contacting the Customer in connection with an order made by him, the Merchant collects the minimum necessary personal data such as names and e-mail of the Customer.
6. By submitting a request for a quote or a contact form, the Customer, an individual, declares and warrants that he/she is of legal age and uses his/her true identity and details.
7. The Customer agrees and declares that it will provide correct and complete information when filling in the data required by the Merchant for making an offer and subsequent conclusion of a contract.
8. By sending an order to the Merchant, the Customer accepts these General Terms and Conditions and undertakes to comply with them in respect of the provisions governing the pre-contractual relationship with the Merchant.
9. In the request, the Customer shall specify a day and time for a remote meeting with the Merchant to clarify the details of the potential assignment. By submitting the request, the Customer shall be deemed to have expressly consented to the Merchant contacting the Customer by email, telephone or other applicable method of communication. (This applies only to individual solutions provided by the Merchant).
10. The Merchant shall send a written quotation to the Customer's contact email containing a description of the type of services, technical specification, terms and conditions for their provision and applicable pricing parameters and costs, based on the initial and subsequent information provided by the Customer. (This applies only to individual solutions provided by the Merchant).
11. After becoming acquainted with the Merchant's offer and in case the Customer accepts it, the latter shall expressly confirm it, from which moment it becomes binding for the parties. The sending of a counter-offer for the price, term or other parameters of the assignment by the Customer shall be considered a new offer, which shall be expressly accepted by the Merchant. By accepting the Merchant's initial offer or the subsequently modified offer, based on the agreements reached between the parties, the parties shall be deemed to have entered into a contract for the provision of the relevant type of services, the Customer has read these Terms and Conditions and accepts them. These General Terms and Conditions form an integral part of the individual contract concluded between the parties and apply to all relations which the parties have not settled in a manner different from the provisions in these General Terms and Conditions. (This applies only to individual solutions provided by the Merchant).
12. The parties may also expressly sign a written contract for the provision of the services commissioned by the Merchant, containing specific parameters of the agreements reached between the parties, the offer being an annex thereto. The contract for services shall be deemed to have been concluded and the services shall be deemed to have been awarded when signed by both parties. (This applies only to individual solutions provided by the Merchant).
13. In case of objective or subjective impossibility to provide a service, the Merchant reserves the right to refuse the request and not to conclude a contract with the Customer.
14. The Merchant has the right to refuse to enter into a contract with an incorrect Customer.
IV. PAYMENT
15. The prices of the services offered by the Merchant are set out in the Merchant's Offer. (This applies only to individual solutions provided by the Merchant).
16. With respect to the website creation and implementation service, the Merchant shall determine the price of the services provided by it based on the technical and functional characteristics and design of the website, determined in accordance with the explicitly stated requirements of the Customer and specified in the Merchant's Offer. (This applies only to individual solutions provided by the Merchant).
17. Possible changes in the technical and/or functional characteristics and/or design of the website, after the conclusion of the contract, at the request of the Customer or due to objective reasons that cannot be attributed to the fault of the Merchant, may lead to a change in the agreed price for the development and implementation of the website. The Merchant shall notify the Customer in advance of the specific changes in the price parameters determined by the change in the request for the website development or, where this is not possible, of the manner of their determination. The parties agree to discuss the possibilities of minimal deviations from the originally agreed price parameters. (This applies only to individual solutions provided by the Merchant).
18. Within the quoted price for the creation and implementation of a website, the Merchant shall provide the Client with up to two consultations in relation to the implementation of the created website in existing systems/configurations/modules used and/or owned by the Client, each of up to 1 hour. Additional consultations, corrections to already created pages, functionalities or materials provided at the request of the Customer are subject to additional payment, the price being determined on the basis of the actual time invested by the Merchant, applying a flat hourly rate specified in the Merchant's Offer, forming an integral part of the concluded service contract. (This applies only to individual solutions provided by the Merchant).
19. The price of the services offered by the Merchant does not include the cost of purchasing software applications, themes, plugins, etc.
20. Value added tax (VAT) shall be charged separately on the price of the services provided.
21. With respect to the monthly website maintenance service, the price of the services provided by the Merchant shall be determined based on the scope of activities specifically assigned by the Customer in accordance with the monthly maintenance plan selected by the Customer. (This applies only to customized solutions provided by the Merchant).
22. Regardless of the scope of the assigned monthly maintenance activities, the following additional services are not included in the price of the same:

a. Addition of new content;
b. Modification of existing content;
c. Updating and adjusting the content and design of the created Website;
d. Correcting technical settings and problems (bugs) that did not arise based on updates or changes to the Website by the Merchant.
23. In case the Customer wishes to request the provision of the services referred to in clause 22, they are subject to additional payment, the price being determined on the basis of the actual working time invested by the Merchant, applying the unified hourly rate specified in the Merchant's Offer, forming an integral part of the concluded service contract.
24. The price of monthly support does not include assistance to the Customer by e-mail, the same being subject to additional payment on a case-by-case basis, at a charge equal to the Merchant's uniform hourly rate for one hour of work.
25. The Merchant reserves the right to change the prices of the services it offers at any time and without notice, and such changes will not affect any contracts already concluded. In the event of a change in the price for monthly maintenance, the Merchant's updated prices shall apply to the concluded contracts after a period of one month from the effective date of the change.
26. The Merchant reserves the right not to refund any amount already paid.
27. The Customer shall pay the price of the services by bank transfer to the bank account of the Merchant or any other method provided by the Merchant, as specified in the concluded individual service contract, for the invoice issued by the latter. All bank charges and commissions shall be borne by the Customer. (This applies only to individual solutions provided by the Merchant).
28. The Customer is obliged to comply with the terms agreed in the individual contract for payment of the amounts due to the Merchant and not to allow any delay in the fulfilment of this obligation. (This applies only to individual solutions provided by the Merchant).
29. The remuneration for the website creation and implementation service shall be paid by the Client in two equal instalments as follows:
30.1. 50% - within 7 days after conclusion of the contract and issuance of an invoice by the Merchant.
30.2. 50% - within 7 days of acceptance of the work in accordance with clause 47 or clause 49.
31. The remuneration for the logo design and branding service shall be paid 100% in advance.
32. The monthly maintenance fee is payable in advance by the 5th of each calendar month. (This applies only to individual solutions provided by the Merchant).
33. The remuneration for the additional services provided by the Merchant upon the Client's request, the amount of which shall be formed on the basis of the actual time invested in the work, at an hourly rate, shall be paid within 7 days from the acceptance of the work pursuant to clause 44 or clause 45.
34. All remuneration to the Merchant shall be paid within the time limits set out in this section and in any event no later than 7 days from the date of receipt of an electronic invoice issued by the latter.
V. RIGHTS AND OBLIGATIONS OF THE PARTIES
35. The Merchant and the Customer undertake to perform in good faith their obligations arising from these General Terms and Conditions, the concluded contract and the Bulgarian legislation in force.
36. The Merchant undertakes to develop the Website in accordance with the technical and functional specifications and design requirements set out in the offer accepted by the Client.
37. The Merchant undertakes to provide advice to the Client in connection with the implementation of the created website in existing systems/configurations/modules used by and/or owned by the Client, in accordance with the scope of the contract concluded between the parties and any additional commissioned by the Client, for an additional fee. (This applies only to individual solutions provided by the Merchant).
38. The Merchant undertakes to create at least two proposals for logo design, according to the Client's assignment, contained in the contract concluded between the parties.
39. Additional functionalities of the website and the provision of additional services by the Merchant, beyond those agreed in the concluded contract, may be agreed by the parties in writing and upon negotiation of additional remuneration for the Merchant. The services referred to in the preceding sentence shall be expressly requested by the Customer by e-mail and the Parties shall set a time limit for their performance.
40. Upon delivery of the completed Website, the Merchant shall provide the Customer with all data, accounts and passwords necessary for full access and administration of the Website and hosting.
41. After termination of the concluded contract, the Merchant undertakes not to access the website and the hosting.
42. The Customer shall have the right to monitor the performance of the Contract at any time as long as this does not interfere with the Merchant's work.
43. The Customer shall review the partial or final work submitted to it within 5 (five) working days of its submission by the Merchant.
44. In the event that the Customer considers that the partial or final work submitted to it does not fully or partially comply with the assignment, the Customer shall notify the Merchant immediately and not later than 5 (five) working days, setting out its observations in writing. The adjustment of the performance in accordance with the Customer's comments shall be carried out by the Merchant at no additional charge, and the changes shall be subject to only one revision. (This applies only to individual solutions provided by the Merchant).
45. The Employer's comment shall not deviate from the written agreement between the parties. In the event of any comments by the Client which deviate from the written agreement between the Parties, the Parties may supplement or amend the subject matter of the contract between them by signing an addendum to assign additional work to the Merchant, subject to additional payment by the Client. (This applies only to individual solutions provided by the Merchant).
46. In the event that the Client fails to submit written comments within five (5) working days of delivery of partial or final work, the work shall be deemed accepted without comment.
VI. LIMITATION OF LIABILITY
47. The Merchant is not responsible for the external modules used by the Customer, their licensing, storage and configuration, as well as the environment on which the website and all data in it is based.
48. The Merchant does not guarantee and is not responsible for the compliance of the developed website with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ("the Regulation").
49. Responsibility for bringing the developed website into compliance with the requirements of the Regulation rests solely with the Customer in the event that the latter collects and processes personal data through the website.
50. In the event that, in connection with the obligations of the Merchant under the concluded service contract, the latter obtains access to personal data processed by the Client, the Merchant's Personal Data Protection Policy and the Personal Data Protection Agreement signed between the parties shall apply, which shall define the scope of the obligations assigned by the Client, as a personal data controller, to the Merchant, as a data processor.
51. The Merchant shall have the right to refuse to execute an order of a customer whose acts or omissions have given the Merchant reason to believe that it cannot seriously perform its obligations under these Terms and Conditions.
VII. TERMINATION AND CANCELLATION OF THE CONTRACT
52. The contract concluded between the Merchant and the Customer shall be terminated on the grounds provided for therein, as well as in the following cases:

a. In the event of termination of the business and liquidation or bankruptcy of one of the parties to the contract;
b. By mutual written agreement of the parties;
c. Automatically in the event of an amendment to the General Terms and Conditions after the conclusion of the Contract, in the event that the Customer declares within one month that it does not accept the amendment - from the date of receipt of the notification by the Customer;
d. Unilaterally by the Merchant, by written notice with immediate effect and without compensation - in the event that the Customer is found to be using the subject matter of the services provided by the Merchant in violation of these General Terms and Conditions, the legislation in the Republic of Bulgaria or generally accepted moral norms;
e. In the event of objective impossibility to perform the assigned task; In this case, the non-recoverable costs incurred and the value of the services provided to date shall be paid, in accordance with the remuneration agreed in the contract.
53. In case of culpable non-performance of the obligations stipulated in the General Terms and Conditions and/or in the concluded contract, the party in good faith may terminate the concluded contract by sending a written notice to the party in bad faith with a 30-day deadline for performance and with a warning that in the absence of good faith performance within the specified period, the contract will be considered terminated.
VIII. MODIFICATION OF TERMS
54. These General Terms and Conditions may be amended by the Merchant, for which the latter will notify the Customer within 7 days of the occurrence of this circumstance at the e-mail address indicated by the latter. The Customer agrees that electronic messages sent in accordance with this chapter need not be signed with an electronic signature to be effective against him.
55. Where the Customer does not agree with the changes to the General Terms and Conditions, the Customer shall be entitled to withdraw from the Contract without giving any reason and without any compensation or penalty. In order to exercise this right, the Customer must notify the Merchant within one month of receipt of the notice referred to in the preceding article.
56. The Merchant and the Customer agree that any amendment or modification of these Terms and Conditions shall be effective against the Customer after the latter has been expressly notified and if the Customer does not state within the given one month period that it rejects them.
IX. OTHER PROVISIONS
57. All communications and notices between the parties shall be deemed valid if made in writing, including by electronic mail and sent by electronic mail.
58. The Contract may be amended or supplemented only by mutual agreement of the Parties expressed in writing, which shall become an integral part of the Contract.
59. The provisions of the legislation in force in the Republic of Bulgaria shall apply to all matters not covered by these General Terms and Conditions and/or the contract concluded between the Merchant and the Customer.
If you actually get all the way here and read everything..... we worry about you.. :(
< GO BACK