Terms of Use
Interpretation
1.1.The following definitions and rules of interpretation apply to these Terms of Use(Conditions):
Burgas Electric LTD:
Burgas Electric LTD, operating under the trade name "Scribulo," a company registered in Bulgaria.
Business Day:
Any day excluding weekends and official public holidays in Bulgaria between 9 am and 6 pm (local time).
Charges:
The fees payable by the Client to Scribulo for the provision of the Services.
Contract:
The agreement formed when the Client places an Order and Scribulo accepts it or when the Client accepts a valid quotation for Services from Scribulo under Condition 2.3.
Client:
The individual, firm, or company purchasing Services from Scribulo.
Client’s Equipment:
Any equipment, systems, cabling, or facilities provided by the Client and utilized in the provision of the Services.
Client Materials:
All documents, information, materials, and works provided by the Client to carry out the Services, including but not limited to written content, source files, reference materials, and specifications as specified in the Contract.
Deliverables:
All documents, products, and materials developed by Scribulo (or its agents, subcontractors, consultants, and employees) in relation to the Services in any form, as specified in the Contract
Document:
Any written document, drawing, map, plan, diagram, design, picture, image, tape, disk, or other device or record containing information in any form.
Force Majeure:
Any act, event, or circumstance beyond the reasonable control of the affected party.
Intellectual Property Rights:
All rights, whether registered or unregistered, including utility models, copyright, trademarks, service marks, trade, business, and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets), and any other intellectual property rights.
Pre-existing Materials:
All documents, information, and materials provided by Scribulo related to the Services and existing before the commencement of the Contract.
Order:
A written order for the Services placed by the Client.
Privacy Policy:
The privacy policy in effect at the relevant time, as maintained by Scribulo.
Services:
Copywriting, proofreading, and translation services provided by Scribulo under the Contract, along with any other services provided or agreed upon by Scribulo for the Client.
Sales Tax:
Sales taxes, Value Added Tax (VAT), export or import charges, transportation or insurance charges, customs and duty fees, personal property taxes, or similar charges.
Sub-contractor:
An individual, firm, or agency providing elements of the Services to Scribulo.
1.2. Headings used in these Conditions are for convenience only and do not affect the interpretation of the terms.
1.3. The term "person" includes natural persons, corporate entities, or unincorporated bodies, whether or not they have separate legal personality.
1.4. References to statutes or statutory provisions are to those in force at the relevant time, taking into account any amendments, extensions, or re-enactments, and include any subordinate legislation currently in force made under them.
1.5. References to "writing" or "written" include communication through faxes, email, and messages transmitted via the Website.
1.6. Any obligation in the Contract that prohibits a person from doing something also encompasses an obligation not to consent, permit, authorize, or endorse the doing of that particular act.
Application
2.1. These Conditions:
- Apply to and are incorporated into the Contract; and
- Prevail over any inconsistent terms or conditions contained or referred to in the Client’s purchase order, confirmation of order, acceptance of a quotation, or specification or other Document supplied by the Client or implied by law, trade custom, practice, or course of dealing.
2.2. By ordering any of the Services, the Client agrees to be bound by the Conditions. The Client can only purchase the Services from Scribulo.com if eligible to enter a contract and is at least 18 years old.
2.3. The Client’s Order or the Client’s acceptance of a quotation for Services by Scribulo constitutes an offer by the Client to purchase the Services on these Conditions. No offer placed by the Client shall be accepted by Scribulo other than:
- By a written unqualified acceptance issued and executed by Scribulo; or
- (if earlier) by Scribulo starting to provide the Services when a contract for the supply and purchase of the Services on these Conditions will be established. The Client’s standard Terms of Use(if any) attached to, enclosed with, or referred to in any Order or other document shall not govern the Contract.
2.4. Quotations are given by Scribulo on the basis that no Contract shall come into existence except in accordance with Condition 2.3. Any quotation is valid for a period of 7 days from its date unless stated otherwise, provided that Scribulo has not previously withdrawn it.
2.5. Quotations are given by Scribulo based on the Client’s description of the Services and Materials, and any other instructions. Such quotations may be amended at any time if the description of such materials is materially inaccurate.
2.6. The description of Services and information provided on Scribulo.com, brochures, catalogues, or other published material is a general description only and does not form part of the Contract.
2.7. In the case of Services made to the Client’s special requirements, it is the Client’s responsibility to ensure that any information or specification provided is accurate.
2.8. All Services which appear on Scribulo.com are subject to availability.
2.9. Scribulo may make changes to the Services to comply with any applicable law or safety requirement.
2.10. These Terms of Usemay be subject to change from time to time. Please ensure that you check Scribulo.com regularly for changes to these terms and conditions.
Commencement and Duration
3.1. The Services supplied under the Contract shall be provided by Scribulo to the Client from the date of acceptance of the Contract.
3.2. The Services supplied under the Contract shall continue to be supplied for the period stated in the Order.
Scribulo's Obligations
4.1. Scribulo shall use reasonable endeavors to provide the Services and to deliver the Deliverables to the Client.
4.2. Scribulo shall use reasonable endeavors to meet any performance dates specified in the Order, but any such dates shall be estimates only, and time shall not be of the essence for the performance of the Services.
4.3. Scribulo has no liability for loss, corruption, or interception of Original Works or Deliverables.
4.4. Scribulo is not responsible for checking the accuracy of the Original Works.
4.5. Scribulo is not responsible for any indirect or consequential damages attributable to the Deliverables.
4.6. Unless provided otherwise by the Contract, Scribulo may deliver Services by instalments; such instalments shall be separate obligations, and no breach in respect of one or more of them shall entitle the Client to cancel any subsequent instalments or repudiate the Contract.
4.7. Scribulo strives to the best of its ability to ensure that our copywriting, proofreading, and translation services are true and accurate.
4.8. For certified, sworn, or accredited translations, Scribulo (and/or our suppliers) are ultimately responsible for the translated text and shall have absolute discretion to reject any change requested by the Client, which the translator feels isn't a "true and accurate" reflection of the original text. No refund will be issued if we reject a Client's change request in these circumstances.
Fees and Payments
5.1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees), and any additional delivery or other charges are as set out on the Scribulo website at the date an Order is accepted or such other price as Scribulo may agree in writing.
5.2. Fees and charges are likely to attract VAT and/or other applicable taxes. The Client is liable to pay such taxes in all cases, even where an error may have been made when the parties originally agreed on payment thereof.
5.3. Payment must be made at the time of the Order by submitting credit or debit card details.
5.4. In the event of the cancellation of an Order by the Client, Scribulo retains the right to charge the Client for the Services in full.
Intellectual Property Rights
6.1. As between the Client and Scribulo, and unless required otherwise by law, all Intellectual Property Rights and all other rights in the Deliverables and the Pre-existing Materials shall be owned by Scribulo.
6.2. Scribulo licenses all such rights to the Client free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable the Client to make reasonable use of the Deliverables and the Services. If the Contract terminates, this license shall automatically terminate.
6.3. The Client acknowledges that, where Scribulo does not own any Pre-existing Materials, the Client's use of rights in Pre-existing Materials is conditional on Scribulo obtaining a written license (or sub-license) from the relevant licensor or licensors on such terms as will entitle Scribulo to license such rights to the Client.
Confidentiality
7.1. The Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes, or initiatives which are of a confidential nature and have been disclosed to the Client by Scribulo, its employees, agents, consultants, or subcontractors, and any other confidential information concerning Scribulo's business or its services which the Client may obtain.
7.2. The Client may disclose such information:
To its employees, officers, representatives, advisers, agents, or subcontractors who need to know such information for the purposes of carrying out the Client's obligations under the Contract and as may be required by law, court order, or any governmental or regulatory authority.
7.3. The Client shall ensure that its employees, officers, representatives, advisers, agents, or subcontractors to whom it discloses such information comply with this condition.
7.4. The Client shall not use any such information for any purpose other than to perform its obligations under the Contract.
7.5. All materials, equipment, and tools, drawings, specifications, and data supplied by Scribulo to the Client (including Pre-existing Materials and Scribulo's Equipment) shall, at all times, be and remain the exclusive property of Scribulo. However, these shall be held by the Client in safe custody at its own risk and maintained and kept in good condition until returned to Scribulo. They shall not be disposed of or used other than in accordance with Scribulo's written instructions or authorization.
Termination and Suspension
8.1. The Contract continues for the duration necessary for Scribulo to perform the Services.
8.2. Either Party may terminate the Contract or suspend the Services at any time by written notice of termination or suspension to the other if that other:
Commits a serious breach, or series of breaches resulting in a serious breach, of the Contract, and the breach either cannot be fixed or is not fixed within 30 days of the written notice.
Is subject to any step towards its bankruptcy or liquidation.
8.3. On termination of the Contract for any reason, Scribulo's respective remaining rights and liabilities will not be affected.
Force Majeure
9.1. Scribulo shall have no liability to the Client under the Contract if prevented from, or delayed in performing, its obligations under the Contract or from carrying on its business by acts, events, omissions, or accidents beyond its reasonable control. This includes (without limitation) strikes, lock-outs, or other industrial disputes, failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction, accident, breakdown of plant or machinery, fire, flood, storm, or default of suppliers or subcontractors.
Data Protection
10.1. Scribulo shall be considered the data controller for the purpose of Data Protection Legislation, and the term "Data Controller" refers to Scribulo, which shall determine how Personal Data is processed under these Terms of Useand the Privacy Policy.
The processing of such Personal Data by any Data Processor shall be solely subject to the provisions of these Terms of Useand in compliance with the instructions of Scribulo.
Scribulo may process personal data collected from the Client in accordance with Scribulo's Privacy Policy. The term "Data Protection Legislation" shall encompass the Data Protection Act 2018 and any legislation that amends, replaces, or re-enacts it. Additionally, "Personal Data" shall refer to the data as defined under Data Protection Legislation.
No Partnership or Agency
11.1. The parties acknowledge that the Contract does not establish or imply a partnership or joint venture between them. None of the parties shall be considered the agent of the other party for any purpose, nor shall they have the authority to act as an agent or bind the other party in any manner. The contractual relationship between the parties is solely limited to the Terms of Useset forth in the Contract.
Notices
12.1. Any notice or communication to be given under the Contract shall be in writing and delivered to the other party, addressed to the person specified in the Order or to the address provided by the relevant party in writing.
12.2. This Condition shall not apply to the service of any proceedings or other legal documents in any legal action.
Dispute and Applicable Law
13.1. Scribulo has a formal complaint handling process. In the event of a complaint, Scribulo will address it promptly and engage in correspondence with the Client to seek a mutually satisfactory resolution. Scribulo will make every reasonable effort to settle any dispute amicably and expects its clients to approach the matter in a similar manner. If a dispute cannot be resolved through direct negotiation, it shall be settled through arbitration.
13.2. Arbitration shall be conducted in accordance with the rules set forth by the appropriate arbitration authority in Bulgaria, which will be provided upon request. The decision of the arbitration tribunal shall be final and binding on all parties involved.
13.3. The Contract shall be governed by and interpreted in accordance with the laws of Bulgaria.