Terms and Conditions

General Terms of Use

This document contains the terms and conditions of use of the website available at the domain https://customertimes.com/. Before using this website and its functionalities, you must read the terms of use and familiarise yourself with them. When using the various functionalities of the website, the visitor declares that he/she is familiar with these Terms and Conditions, agrees to the provisions and undertakes to comply with them. 

‍To perform actions related to a request to conclude a contract for services provided by the Merchant, the user must explicitly confirm that he agrees with all the provisions of this document.

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Section I - General

This website is managed and administered by:

Name: CUSTOMERTIMES, CORP.

Company No.: 436028;

Headquarters: 3 COLUMBUS CIRCLE, 1513, NEW YORK, NY, 10019

Address for correspondence: 3 COLUMBUS CIRCLE, 1513, NEW YORK, NY, 10019

Phone: 212-520-0059

Email Address: info@customertimes.com 

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Section II - General

"Accidental event" means a circumstance of an extraordinary nature, unforeseen at the time of conclusion of the contract, which results in an objective impossibility of fulfilling the contractual obligations.

A "browser" is computer software that allows users to transfer, process, and display data using various data transfer protocols.

An "Electronic link" is indicated on a specific web page that allows automated reference to another web page, information resource, or object through standardised protocols. 

"Commercial messages" - any type of message sent via electronic communication channels (such as e-mail, SMS, notification, etc.) or via image and/or text, which contains general and thematic information concerning current news, services, partnerships, job offers, etc., sent by the Merchant.

"Contract" - is the contract concluded remotely between the customer and the Merchant for the purchase and sale of goods, and these General Terms and Conditions of Use are an integral part of this contract. 

"Customer" means an individual or a representative of a legal entity who, as a principal, has requested a contract for services the Merchant provides.

"Interface" - a combination of graphical objects associated with programming code through which the user communicates with the platform in a manner accessible to the user.

"Malicious acts or omissions" are acts or omissions that violate laws, internet ethics and/or cause harm to persons connected to the internet or associated networks, such as Sending unsolicited commercial messages (SPAM), gaining access to resources with someone else's permissions and passwords, exploiting flaws in systems for personal gain or to obtain information (HACK), committing acts that may qualify as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending Trojan horses or causing the installation of viruses or remote control systems, interfering with the normal operation of other users of the Internet and associated networks, or committing any acts in the sense described above.

"Merchant" refers to the legal entity that owns this website and, in accordance with Bulgarian law, holds the exclusive copyright to it.

"Repeatedly" - any action performed three or more times within three months from the first action.

"Request" - an electronic document, constituting a communication form sent by a Visitor to the Merchant via the Website, through which the former expressly declares its desire to conclude a contract for services indicating the essential terms of the agreement, namely - terms of validity, quantity, etc. ‍

"Visitor" means a natural person or a legal entity representative who has accessed the website by entering the domain in the browser or through a link on social networks. 

"Website"/"site" - a distinct place on the global Internet network, accessible through its unified address (URL) by HTTP, HTTPS or other standardised protocol and containing files, programs, text, sound, pictures, images or other materials and resources.

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Section III - Website Characteristics

Art.1. (1) These general terms and conditions are intended to regulate the relationship between the Merchant and the visitors of this website.

(2) This website offers the following features, which are available to all visitors:

  • To review the services provided by the Merchant;
  • Make electronic statements containing questions or suggestions to the Merchant via the contact details provided, as well as via the contact form;
  • To send a request to conclude a contract for services provided by the Merchant;
  • To be informed of the rights deriving from the law, primarily through the interface of the platform;
  • To be informed about the latest news related to the activities of the Merchant, its expertise and portfolio of successful projects;
  • To inform themselves about open job positions provided by the Merchant, including applying for them;
  • They agree to the Terms and Conditions and the Privacy Policy, exercise their rights, and perform their obligations in accordance with the provisions in these documents.

(3) These General Terms and Conditions, in their entirety, apply in all cases regarding the regulation of the legal relationship between the Merchant and the visitors. Subject to a written agreement between the respective parties, the scope of these General Terms and Conditions may be limited.

Section IV - Steps to conclude a contract

Art.2. (1) The steps in concluding a contract for the provision of IT services through the website shall be carried out according to the following procedure:

  • Enter a category page via the corresponding menu in the navigation or on the home page;
  • Selecting one or more of the services offered by the Merchant;
  • Choice of a specific package of included services,
  • Selection of the period for which the selected service is desired
  • Choice of the quantity of the selected service
  • Sending a request to conclude a contract, given a choice regarding its essential terms (term, price, quantity, services included, etc.)

(3) After completing the order, the Visitor receives an automatically generated message to the e-mail address he indicated, through which the Merchant confirms receipt of the order.

Art.3 (1) The merchant reserves the right to refuse an order and change the price if specific conditions apply to the particular visitor. In these cases, notification shall be sent electronically, or contact shall be made by telephone within two working days of the request. 

(2) If the Merchant accepts the contract request, a representative of the Merchant shall contact the Visitor and discuss details related to the scope of work, its specifics, expected start date, etc. 

(3) If the request to conclude a contract is accepted, the Merchant may send additional documents for the visitor who sent the request to sign (including by e-mail).

Art.4. (1) The commencement date of the contract shall be deemed to be the time at which a representative of the Merchant expressly confirms or sends notice that the performance of the contract has commenced or will commence on a specific date.

(2) The Vendor reserves the right to receive an advance payment before commencing work on the project.

Art.5. (1) For the purposes of these General Terms and Conditions, any visitor who has entered into a valid service contract with the Merchant is referred to as a Customer and has special rights and obligations.

The Parties agree that all communications between them in connection with the conclusion and performance of the Contract may be made electronically, including by email or telephone.

(2) It shall be presumed until proven otherwise, that the author of the electronic statements is the person indicated in the data submitted at the stage of the request for the conclusion of a contract or in subsequent communication with a representative of the Merchant.

Section V - Rights and Obligations of the Parties.

Art.6. According to the contract concluded between the parties, the Merchant shall be entitled to: 

  1. Stores information about each Visitor's user behaviour and contract request history.
  2. Sends commercial messages to Visitors to offer information and advertisements about services, conducts surveys to improve the quality of service, etc.
  3. At its discretion and without notice, the Company may suspend and permanently or permanently restrict the access of a Visitor to the Website who uses the same in violation of applicable law and these Terms and Conditions.
  4. We will receive the full amount of the quoted price from the Client, subject to the performance of all services under the contract in terms of quality and quantity.
  5. The provision of individual services or functionalities available through the Website may be temporarily or permanently suspended without the need to notify Visitors and Customers in advance.
  6. To change the content of individual services, incl. The essential conditions under which it provides them;
  7. Suspend immediately and without notice the performance of the contract if it finds that false information has been provided at its conclusion.
  8. We unilaterally postpone the execution of the contract if the Customer delays providing access to data, information, or other necessary materials and resources. 
  9. To promote its work and its results on social networks and its website, unless the Client expressly states otherwise;
  10. To receive a reference/review from the Client upon quality and timely performance; 
  11. Claim damages in the event of a financial or non-pecuniary loss caused by breach of contract.   

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Art.7. Under the contract concluded between the parties, the Merchant shall:

  1. Store, protect and use only for the intended purpose the information materials, personal data and access data received, without making them available to a third party unless otherwise specified in these Terms and Conditions;
  2. Upon entering into a contract with a Client to perform the requested services following the agreed quantity and quality,
  3. In the event of defects or bugs, remove them at its own expense within not less than five working days;
  4. In the event of inability to perform the Contract, to notify the Customer within a reasonable time, but no longer than five working days from the time of sending the request;
  5. Inform the Client promptly of any obstacles arising in the course of the work, to suggest a way to remove them, and may request instructions and/or assistance from the Client for their removal;
  6. Carry out all lawful instructions and requirements of the Client as long as the Client's decision-making autonomy is not violated.
  7. Participate in the working meetings related to the implementation of the contract in the presence of an invitation sent by email, no later than three working days before the date of the meeting, from the other party;  
  8. Notify the Customer of any anticipated postponements of performance not later than seven days before the set deadline;

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Art.8. Following the contract concluded between the parties, the Visitor, respectively, the Client has the right to:

  1. Receive complete and timely performance of requested services;
  2. Makes requests to enter into a contract by contacting an employee of the Merchant or requesting services through the Website;
  3. Claim remedy of defects at the expense of the Merchant which have occurred as a result of the Merchant's shoddy work;
  4. View the content available on the website, incl. News, articles, videos, podcasts, etc.
  5. To request progress reports on the implementation of assigned activities; 
  6. Claim damages in the event of a financial or non-pecuniary loss caused by breach of contract.   

Art.9. Following the contract concluded between the parties, the Visitor shall:

  1. Pay the price of the requested services as instructed by the Merchant;
  2. To provide promptly all necessary data, information, materials and access data to the Merchant that are required for the full performance of the assigned activities following the terms of the contract
  3. Assists the Merchant in or regarding the performance of this Contract by answering questions, giving additional instructions, and presenting his expectations for the final result;
  4. Pay the remuneration in the agreed amount in the presence of full and timely completion of all activities and delivery of the result thereof by the Merchant;
  5. Notify the Vendor promptly of any errors or inaccuracies in the information submitted during the performance of this Contract, including any changes to the assignment or the expected result;
  6. To participate in the performance-related workshops upon notice from the Merchant;

Section VI - Liability

Art.10. (1) The Merchant shall not be liable if the request for the conclusion of a contract cannot be fulfilled or is refused for various objective reasons. In this case, it is the Merchant's responsibility to inform the Visitor of this circumstance. 

(2) The Merchant shall not be liable for material and/or non-material damages suffered by the Visitor or other persons in the event of inability to use the website unless the exclusive fault is proven.

(3) The rule under paragraph (1) shall also apply to the type of content presented; errors or damage due to viruses that may affect the Visitor's computer equipment, software, data or other property due to actions taken, including use or browsing of the website, or the Visitor's downloading of website material or other websites linked to it. 

Art.11. The Merchant shall not be liable for the content of the advertising materials and social media banners, including any error, omission or inaccuracy therein.

Art. 12. The Merchant shall be liable for:

  1. Copyright of third parties on the developments provided by the Merchant
  2. Inadequate performance of the contract in terms of quantity or quality; 
  3. Infringement of copyright or related rights of third parties;
  4. Culpably violating the rights of visitors or customers under applicable law.

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Section VI - Protection of personal data

Art.13. (1) The Merchant shall take measures to protect the personal data of the Visitor following Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals about the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR). The Merchant processes the personal data of the Visitors based on Art. 6 para. 1, б. "b" of the GDPR - the processing is necessary to perform a contract to which the customer is a party or based on Art. 6, para. 1, б. "a" of the GDPR - based on explicitly granted consent.

(2) The Merchant has made public the information concerning the personal data it processes and the purposes for which they are processed, ĸaĸ and all information required under Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals about the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) on the relevant page for this. 

(3) The Merchant shall process third parties' personal data for dealership purposes only with their explicit consent, which they may withdraw at any time.

(4) Measures under the California Consumer Privacy Act, enacted in 2018 (CCPA), apply to data sharers who are U.S. citizens residing in the State of California 

Section VII - Amendment and Supplement to the Terms and Conditions of Use. Termination of the legal relationship between the parties.

Art.14. (1) The Merchant may amend These General Terms and Conditions, which the latter will appropriately notify all Visitors and Customers.

(2) The parties agree that any amendment or modification of these Terms and Conditions shall be effective as to them on whichever of the following events occurs first:

  • After express notice from the Merchant, if the other party fails to state within the 14 days given to it that it rejects them or
  • Once published on the Merchant's website and if the other party does not state within 14 days of publication that it rejects them or
  • Upon the other party's acceptance by actively taking action on the website.

(3) The Merchant's statements addressed to the other party in connection with the amendment of these terms and conditions will be published on the website or social networks. 

Art.15. These General Terms and Conditions and the existing legal relationship with the Merchant shall be terminated in the following cases:

  • Upon termination and liquidation or bankruptcy of the Merchant;
  • By mutual agreement of the parties in writing;
  • In the event of the objective impossibility of either party to the contract to perform its obligations,
  • In case of seizure, sealing of the equipment by state authorities or in case of imposition of a ban on commercial activity;
  • Restricting or blocking an individual visitor's access to the website based on a breach of these Terms and Conditions; 
  • In other cases, they are expressly provided for by Bulgarian law. 

Art.16. The Merchant shall have the right to terminate the contract unilaterally at its discretion, without notice and compensation, if it finds that the other party is using the website in violation of these Terms and Conditions, the legislation in the Republic of Bulgaria, generally accepted moral standards or generally accepted rules in e-commerce.

Section VIII - Final provisions 

Art.17. (1) The present General Terms and Conditions regulate the legal relations between the Merchant and the Visitors, respectively the Customers. American law shall apply unless otherwise expressly agreed upon between the parties. 

(2) All disputes between the parties shall be resolved in a spirit of understanding and goodwill. If no agreement is reached, the court of competent jurisdiction shall resolve all unresolved disputes arising out of or relating to the contract between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination. 

Art.18 (1) All content on the website, including but not limited to the logo, any graphic images, captions, trademarks, dynamic symbols, videos, texts or other multimedia content, are the exclusive property of the Merchant unless otherwise agreed with the respective copyright holder.

(2) The merchant retains all intellectual property rights relating in any way to the website, whether its own or obtained through contractual licenses or any other legal means. Any content that individuals access when visiting the online shop is subject to regulation by these terms and conditions.

(3) Any person may download, transfer, or use the Content solely for personal, non-commercial purposes, provided that such actions do not violate copyright or related rights under applicable U.S. law or violate the terms of these Terms.

(4) The use of the content for commercial purposes is permissible only after obtaining the express written consent of the Merchant. Any subsequent or different use of the content not agreed upon and approved by the Merchant shall be deemed a breach of these Terms and Conditions, including a breach of the Merchant's intellectual property rights, who shall be entitled to seek financial liability from the person concerned.

(5) The presence of used content that contains a reference link to the Merchant's website or indicates its authorship right will not be considered consent. 

(6) Any use of the Content for any purpose other than as expressly permitted in these Terms and Conditions or other express written consent given by the Merchant is prohibited. 

Art.19. (1) The parties to this Agreement undertake to protect each other's rights and legitimate interests, as well as to protect trade secrets and confidential information that have become known to them in the process of performance of the Contract and these General Terms and Conditions.

(2) The parties undertake not to make public any written or oral correspondence between them during and after the contract term. The publication of correspondence in print and electronic media, internet forums, private or public websites, etc., may be considered public knowledge. 

Art.20. In the event of a conflict between these General Terms and Conditions and the provisions of a particular contract between the Merchant and the other party, the provisions of the particular contract shall prevail.

Art.21. In the event of invalidity of any of the provisions of these Terms and Conditions, the parties agree that this shall not invalidate the entire contract.

Art.22. (1) Neither party shall be liable for the non-performance of its contractual obligations under these General Terms and Conditions if such non-performance is due to force majeure. For a circumstance to be a force majeure event, the parties expressly agree that the following conditions must cumulatively exist: 

  • unpredictability of the event;
  • extraordinary nature;
  • the causal link between them and the impossibility of performance.

(2) If within 14 (fourteen) days from the date of occurrence of the relevant event, it is not terminated, either party shall be entitled to notify the other party that it is terminating the contract without owing the other any compensation for any damages that may have been suffered.

Art.23. Each Visitor to the Website is informed of the possibility of recourse in the event of a dispute to a conciliation commission, mediation procedure or other alternative dispute resolution.

Art.24. These General Terms and Conditions shall come into force for the website visitors as of 10.09.2024.