GENERAL TERMS FOR CONSULTING SERVICES OF “REEXE”LTD.
1. The current General terms shall apply for any cases, when one person or legal entity/called hereinafter ASSIGNOR/ assigns to “ReExe” Ltd. UIC 175174012, having its registered seat in Sofia, 28 “Rachka” Str. and address for correspondence Sofia, blvd. “Al. Stamboliyski” 130-132, 4th Floor, Office 6 / called hereinafter EXECUTOR/ the performance of consulting services, without having a signed contract for services between the parties by a standard contract, which usually is supplemented with the current General terms.
2. These General terms could be canceled only by explicit and written contractual clause between the Assignor and Executor.
3. There shall be no cancellation of the General terms by the Executor, when thereby unequal treatment of his customers are created or the creation of stipulations is allowed, which stipulations could be classified as an unconscientiously trade practice under the Law for Protection of Competition/LPC/.
4. These General terms are published on the site of the Executor and shall apply to all the contracts that explicitly refer to them.
II. ASSIGNMENT OF A CONTRACT FOR CONSULTING SERVICES.
1. Any person or legal entity, that is interested, may assign to the Executor the performance of the consulting service.
2. The assignment is implemented by a written statement to the Executor. It is considered that the written form is observed, when the assignment is implemented through fax, mail or in person.
3. The assignment occurs, when the Assignor is identified and when the type of consultation and the deadline for its implementation are determined by the Assignor.
4. When the assignment is implemented electronically the rules under the Law of the Electronic Document and Electronic Signature/ LEDES / shall prevail.
5. The Executor have the right to request the implementation of the assignment to be done in a specific form, approved by him. 6. It is considered that the assignment is accepted, when there is signed contract between the Assignor and the Executor with the following minimum information:
1. Name / Firm of the Assignor
2. Personal Identity Number(PIN) for persons and Unique Identity Code(UIC) for legal entity.
3. Address of the Assignor, email and if possible- fax.
4. The subject of the contract /type of the service/
5. Execution time
6. Amount of remuneration
7.Term for payment
7. The indication of an e-mail of the Assignor in the contract under item 6 from section II shall irrevocably means that this email is a valid address for messages to the contract and any message, which is sent to this address shall be considered as valid in the respective with the rules of LEDES.
8. The Executor, as a registered Administrator of personal data ensures the strict observation of the Law of Personal Data Protection /LPDP/
9. The Executor reserves the right to announce the minimum price levels of the provided services and the minimum solvency requirements of the Assignor.
10. The Executor accepts the assignment, if the contract with the details of item 6 from section II is signed by the manager or by a person who is authorized from the manager. In this respect Article 301 of the Commercial Act / CA / may apply to the Executor only, when he has been notified in writing by the Assignor for the conclusion of the contract for service with person other than those listed in this section.
11. If the contract doesn’t cover the details in item 6 from section II, the assignment shall be considered as unaccepted.
12. The Executor is not responsible for any losses suffered by the Assignor if the assignment is not accepted.
13. The Executor is not obliged to state reasons for the non-acceptance of the assignment.
III. EXECUTION TIME
1. The Execution time for each one assigned work is defined in the contract under item 6 from section II.
2. All terms are stipulated in favour of the Executor.
3. The early implementation of the assigned work shall not be considered as an improper performance, unless the parties in the contract under item 6 from section II have expressly agreed that the implementation should be on a specific date and / or hour.
4. The Execution time could be changed only by mutual written agreement of the parties, except in cases of force majeure.
5. Under force majeure the parties shall understand action or circumstance referred to in Art. 306 Commercial Act.
6. The execution time shall be considered as kept if till the stipulated deadline the consultation or the assigned work is sent by e-mail, specified by the Assignor
7. In case of a delay of intermediate payments by the Assignor, the execution time for the Executor shall be extended with as many days, as the delay have lasted.
IV. RIGHTS AND OBLIGATIONS OF THE ASSIGNOR AND THE EXECUTOR
1. The Assignor has the right to:
1. determine the purpose of the assignment
2. to put the requirements, which the performance have to meet
3. to pointed out person or legal entity, before whom the done work shall be used.
4. To determine the facts or evidences that are trade, business, official or other kind of secret and to determine the range of persons to whom it can not be disclosed.
5. to acquire the ownership of the finished assigned work, after paying the agreed renumeration.
2. The Assignor is obliged to:
1. to provide any information and input data to the Executor when they are needed for the performance of assigned work
2. to accept the finished work, when it meets the assigned requirements.
3. to pay in time the agreed remuneration
4. to inform duly the Executor for any changes in the work, imposed during the execution of the contract.
3. The Executor has the right to:
1. determine on his own discretion the persons or legal entities, to whom to submit the performance of work
2. use subcontractors, during the implementation.
3. keep the finished work, till the paying of the whole remuneration
4. receive the agreed remuneration
5. demand additional remuneration for any extra assigned work or for any additional work, that was necessary for the proper performance of the assignment
6. demand compensation for all costs incurred in connection with the assigned work by the Assignor, that shall be proved by proper accounting document.
7. transfer his collection under the contract to third parties.
8. verify the solvency of the Assignor and to refuse to perform the contract if there is found or declared insolvent, without liability for failure.
9. determine the parts of assigned work, which are its intellectual property or on which he has copyright under the laws in the area.
10. define the information that constitutes his business, corporate, commercial or other secret and to designate the persons to whom it can not be disclosed.
11. refuse to perform the assigned work when the performance becomes impossible or unacceptable for reasons due to the fault of the Assignor.
12. indicate third parties to whom the payment to be done.
13. forbid the Assignor to employ or use under a contract any consultations or advises from current or former workers, employees or subcontractors of the Executor.
14. refuse to conclude or perform contract with a legal entity in which his defaulting debtor participates as a partner or as a member of the managing or supervisory body.
4. The Executor is obliged to:
1. perform accurate and in time the contract, as well as the further given legal orders of the Assignor.
2. give the finished work, after receiving of the remuneration.
3. give explanations for the finished work when this is required by its nature.
4. not to disclose information which is secret for the Assignor.
5. issue appropriate documents for each executed payment.
V. THE TRANSFER OF FINISHED WORK.
1. The finished work, done due to the assignment of the Assignor, shall be transferred on the address of the Executor specified in the contract. For the execution of the transfer a protocol shall be signed.
2. In case of a refusal of the Assignor to accept the finished work, after he has been duly invited, the Executor is entitled to certify the refusal by witnesses, who may be its employees.
3. By explicit written agreement, the parties may agree for other address for the transfer, different from those, stipulated in item 6 from section II.
4. The transfer could be done also, by sending the finished work to the e-mail of the Assignor.
5. In case that the Assignor refuses the given assignment after signing the contract, the Assignor owes to the Executor the remuneration, which is corresponding to the work done to date of the refusal.
6. Upon refusal, the contract is canceled only henceforth. 7. If the Assignor has made intermediate payments before the refusal, the Executor shall have the right to keep them and they won’t be recovered.
VI. SPECIFIC CONDITIONS FOR TRAINING CONTRACTS.
1. These General terms apply only to contracts for training, in which the trainer is “ReExe” Ltd.
2. The specific conditions are supplemented by the rest of these General terms.
3. The training shall be implemented due to assignment from the Assignor, in which shall be specified the type of the training, the persons who shall be trained and also the e-mails of each one of the trainees.
4. The Executor on his own disrection shall choose the volume, the program approach, the way of training, testing results and the amount of information, which shall provide to the trainees. If the Assignor wishes to carry out specific training or additional courses this shall be defined in the contract for training.
5. During the training the Executor may use subcontractors and he is responsible for their work as his own.
6. The Assignor obliged himself to allow to the Executor to carry out the monitoring of the area, the training, the subsequent tests, the controlling of the field and the functional audit.
7. The training could be done remotely as the materials and the feedback shall be send or implement by electronic mail.
8. The training is carried out to personnel of the Assignor or designated by him persons, with whom the Assignor is not in labor relations. It shall be concidered that these persons are personnel of the Assignor.
9. The Assignor is obliged immediately to notify the Executor for the termination of the labour relationship or contract with a person, for whom there is agreed training contract with the Executor.
10. On the basis of the notification under the preceding paragraph, the Executor has the right to terminate the training with the concrete person, even if the Assignor hasn’t made such a statement.
11. If the Assignor fails to notify the Executor for the termination of its relationship with the trainee, the Assignor is obliged to pay the full amount of the renumeration for the training of this person.
12. The materials, sent by email to the trainees, shall have the nature of a proof for the performed work by the Executor, concerning the executed training of the trainees, specified by the Assignor.
13. Because of the fact that the contracts for training are contracts in favor of a third party, the Assignor cannot cancel the training of a person, involved in the process, except upon termination of the labour relationship with that person and notifing the Executor in the above mentioned way.
14. The individual elements of the training shall be considered completed upon the issuance of a relevant document / report for the monitoring, report for mentoring, reports-results of conducted tests, certificate or other / by the Executor. This document shall be issued to the trainees or to authorized or designated by the Assignor persons, and shall have the nature of a proof, concerning the relationship between the Assignor and the Executor.
VII. DISPUTES CONCERNING THE EXECUTION OF CONTRACTS
1. All disputes arising or resulting from the contract between the Assignor and the Executor shall be settled by negotiation. If an agreement is not achieved the dispute shall apply for authorization to the competent court in Sofia, pursuant to Art. 117 of the Code of Civil Procedure/CCP/.
VIII. APPLICABLE LAW
1. These General terms shall apply to the Bulgarian law.
2. In case of the presence of the conditions set out in the Code of Private International Law, the parties may choose a different applicable law or other jurisdiction for which purpose a separate agreement shall be signed.
1. These General terms and conditions may be amended at any time by the Executor. The amendment of the terms and conditions shall be effective from the date of publication of these terms on the site the Executor.
The following terms are published on the website of “ReExe”Ltd/ www.reexe.com, 10.02.2012.