Terms You Can Trust

Terms & Conditions for Digital Services

Effective from: November 11, 2025

Service Provider: NC Software Engineering (ЕН СИ Софтуер Инженеринг)

Company Registration No.: 204919138

Address: Ilinden Complex, bl. 48, ent.2, apt. 6

Email: office@ncsofteng.com

Phone: +359 877 217746


1. SCOPE AND SUBJECT MATTER

1.1 Definitions

Service Provider – NC Software Engineering (ЕН СИ Софтуер Инженеринг), providing digital services under these terms.

Client – any individual or legal entity commissioning work from the Service Provider.

Project – specific work defined in a written proposal/contract.

Services – include:

  • Website and web application development
  • SaaS (Software as a Service) solutions
  • PaaS (Platform as a Service) on Microsoft Azure
  • Digital transformation consulting
  • Maintenance and technical support

Delivery – transfer of completed project or project milestone to the Client.

1.2 Applicability

These terms apply to all contracts for digital services between the Service Provider and Client, unless otherwise agreed in writing.

2. PROJECT COMMISSIONING AND APPROVAL

2.1 Proposal

Each project begins with a written proposal from the Service Provider containing:

  • Description of services and scope
  • Implementation stages and timelines
  • Pricing and payment terms
  • Acceptance conditions

2.2 Acceptance

The contract is considered concluded when the Client accepts the proposal in writing (including via email) and pays the advance payment, if applicable.

2.3 Scope Changes

Any change in project scope after proposal acceptance requires written consent from both parties and may result in timeline and price adjustments.

3. OBLIGATIONS OF THE PARTIES

3.1 Service Provider Obligations

The Service Provider undertakes to:

  • Provide services with professional care and according to accepted standards
  • Use qualified specialists and modern technologies
  • Regularly inform the Client about project progress
  • Meet agreed deadlines or timely notify of delays
  • Maintain confidentiality of all entrusted information

3.2 Client Obligations

The Client undertakes to:

  • Provide timely necessary materials, system access, and information
  • Designate a primary contact person
  • Provide feedback within 5 business days when reviewing delivered stages
  • Pay due amounts on time
  • Provide accurate and complete information necessary for service delivery

3.3 Communication

Communication between parties is conducted in Bulgarian or English, via email, video conferences, or in-person meetings. Working hours are every business day in Bulgaria from 9:00 AM to 6:00 PM.

4. PRICING AND PAYMENT

4.1 Prices and Currency

All prices are in Bulgarian Lev (BGN) or Euro (EUR) excluding VAT, unless explicitly stated otherwise. VAT is charged according to Bulgarian legislation.

4.2 Invoicing

Invoices are issued according to stages specified in the proposal:

  • For website development: typically 30% advance, 40% at intermediate delivery, 30% at final delivery
  • For SaaS services: monthly/annual subscription, payable in advance
  • For PaaS services: monthly billing based on resources used

4.3 Payment Terms

Invoices are payable within 14 calendar days from the date of issue, unless otherwise agreed.

4.4 Late Payment

In case of non-payment on time:

  • The Service Provider has the right to suspend work until the obligation is settled
  • Legal late payment interest is charged according to Bulgarian law
  • The Service Provider reserves the right to terminate the contract unilaterally

4.5 Expenses

Costs for:

  • External services (domains, SSL certificates, Azure resources, etc.)
  • Travel outside Sofia (by express agreement)

are paid by the Client additionally upon presentation of supporting documents.

5. IMPLEMENTATION DEADLINES

5.1 Setting Deadlines

Implementation deadlines are specified in the proposal and begin from:

  • The moment of advance payment
  • Receipt of all necessary materials and access from the Client

5.2 Client Delays

If the Client fails to provide required materials or approvals on time, deadlines are extended accordingly.

5.3 Force Majeure

The Service Provider is not liable for delays caused by unforeseen circumstances beyond its control (force majeure), including technical problems with service providers, internet outages, etc.

6. INTELLECTUAL PROPERTY

6.1 Ownership of Final Product

After full payment of all due amounts, the Client acquires ownership of:

  • Final delivered files and code
  • Content specifically created for the project

6.2 Pre-existing Components

The Service Provider retains ownership of:

  • Used frameworks, libraries, and tools
  • Reusable templates and modules
  • Internal methodologies and workflows

6.3 Portfolio

The Service Provider has the right to use the completed project in its portfolio and marketing materials, unless the Client has explicitly objected in writing.

6.4 Third-party Licenses

The Client is responsible for acquiring necessary licenses for software, fonts, images, and other components provided by them.

7. SAAS SERVICES - SPECIFIC CONDITIONS

7.1 Subscription Model

For SaaS services, a monthly or annual subscription is paid in advance. The service is activated after payment is received.

7.2 Access and Availability

The Service Provider makes efforts to ensure:

  • 99.5% monthly service uptime
  • Planned maintenance outages are announced in advance

7.3 Data Responsibility

The Client is responsible for:

  • Content published/stored through the service
  • Compliance with applicable law when using the service
  • Regular backup of critical data

7.4 SaaS Subscription Termination

Upon termination:

  • The Client has 30 days to download their data
  • After this period, data may be deleted without further notice
  • Pre-paid amounts for unused period are not refunded

8. AZURE PAAS SERVICES - SPECIFIC CONDITIONS

8.1 Infrastructure Services

When using Microsoft Azure platform:

  • The Service Provider provides configuration, deployment, and resource management
  • The Client pays for actual consumption of Azure resources (compute, storage, network, etc.)
  • Billing is done monthly based on resources used

8.2 Scalability

Resources can be scaled according to Client needs after prior agreement.

8.3 Security

The Service Provider applies standard security practices, but the Client bears ultimate responsibility for:

  • Application access rules
  • Content and data being processed
  • Compliance with data regulatory requirements

8.4 Backup and Recovery

Regular backup procedures are performed according to the agreed plan. Data recovery from backup may be a paid service depending on scope.

9. WARRANTY AND MAINTENANCE

9.1 Warranty Period

For developed websites and applications, a 30-day warranty is provided after project acceptance, covering:

  • Fixing software bugs
  • Issues with functionality described in the technical specification

The warranty DOES NOT cover:

  • Changes in requirements
  • Issues caused by actions of the Client or third parties
  • Incompatibility with new software/browsers released after acceptance

9.2 Paid Support

After the warranty period, support is provided for payment on an hourly rate or subscription contract basis.

9.3 Response Time

For critical issues (site/service down), the Service Provider undertakes to respond within 4 business hours during working hours.

10. LIMITATION OF LIABILITY

10.1 General Liability

The Service Provider's liability is limited to the value of the contract for the specific project for which the obligation arose.

10.2 Indirect Damages

The Service Provider is not liable for indirect damages, including loss of profits, data, or reputation, except in cases of proven intent.

10.3 Insurance

The Service Provider maintains Professional Liability insurance. Coverage information is provided upon request.

11. CONFIDENTIALITY

11.1 Confidential Information

The parties undertake to keep confidential all information provided by the other party and marked as confidential, or which by nature is confidential.

11.2 Exceptions

The confidentiality obligation does not apply to information:

  • Publicly available without breach of this obligation
  • Legally required to be disclosed
  • Received from third parties without confidentiality obligation

11.3 Term

The confidentiality obligation is valid during the contract term and 3 years after its termination.

12. PERSONAL DATA PROTECTION (GDPR)

12.1 Data Controller

The Service Provider is a data controller under Regulation (EU) 2016/679 (GDPR) and the Bulgarian Personal Data Protection Act.

12.2 Processed Data

The Service Provider processes the following categories of Client personal data:

  • Identification data (name, company registration number, address)
  • Contact data (phone, email)
  • Financial data (bank account for payments)
  • Service usage data

12.3 Processing Purposes

Personal data is processed for the following purposes:

  • Contract conclusion and performance
  • Invoicing and accounting
  • Technical support
  • Fulfillment of legal obligations
  • Legitimate interests of the Service Provider

12.4 Legal Basis

Processing is based on:

  • Contract performance
  • Legal obligation (accounting, taxes)
  • Legitimate interest (service improvement)
  • Data subject consent (for direct marketing)

12.5 Retention Period

Personal data is retained:

  • For contract data: 5 years after completion (accounting legislation)
  • For marketing purposes: until consent withdrawal

12.6 Data Subject Rights

Clients have the right to:

  • Access their personal data
  • Correction of inaccurate data
  • Erasure ("right to be forgotten")
  • Restriction of processing
  • Data portability
  • Object to processing

Rights are exercised through written request to office@ncsofteng.com.

12.7 Third-party Data Sharing

Personal data may be shared with:

  • Accounting firms
  • Cloud service providers (Microsoft Azure)
  • State authorities upon legal obligation

12.8 Data Security

The Service Provider applies appropriate technical and organizational measures to protect personal data.

12.9 Complaints

In case of violation of data protection rights, the Client may file a complaint with the Bulgarian Commission for Personal Data Protection (CPDP) at: Sofia, "Prof. Tsvetan Lazarov" Blvd. No. 2, www.cpdp.bg

13. CONTRACT TERMINATION

13.1 Termination by Mutual Consent

The contract may be terminated at any time by written consent of both parties.

13.2 Termination for Non-performance

Either party may terminate the contract with 10 days' written notice if the other party:

  • Fails to fulfill a material obligation
  • Does not remedy the breach within 10 days of notification

13.3 Termination by Client

The Client may terminate the contract unilaterally provided that:

  • All due amounts for work performed to date are paid
  • Non-cancellable expenses (domains, external services, etc.) are paid

13.4 Termination upon Insolvency

The contract terminates automatically upon declaration of insolvency of either party.

13.5 Consequences of Termination

Upon termination:

  • The Client pays all amounts due up to termination
  • The Service Provider provides work performed in its current state
  • Confidentiality and data protection obligations remain

14. DISPUTE RESOLUTION

14.1 Negotiations

All disputes are resolved primarily through negotiations between parties in good faith.

14.2 Applicable Law

Bulgarian substantive law applies to these terms and contractual relationships.

14.3 Competent Court

In case of inability to reach agreement, disputes are submitted for resolution to the competent Bulgarian court in Sofia. This clause has the force of an express written agreement for determining local jurisdiction under Art. 105 of the Bulgarian Civil Procedure Code.

15. FINAL PROVISIONS

15.1 Entire Agreement

These terms together with the individual proposal/contract represent the complete agreement between the parties.

15.2 Amendments

Changes to these terms are made in writing and take effect after signing by both parties.

15.3 Severability

If any clause of these terms is declared void, this does not affect the validity of remaining clauses.

15.4 Non-assignment of Rights

The Client has no right to transfer their rights and obligations under the contract without written consent from the Service Provider.

15.5 Notices

All notices between parties are made in writing to the addresses or email addresses specified in the contract.

15.6 Updates

The Service Provider reserves the right to update these terms. Changes take effect after publication on the official website and notification to Clients at least 14 days in advance.

16. CONTACT

For questions related to these Terms and Conditions, please contact us:

Email: office@ncsofteng.com

Phone: +359 877 217746

Address: Ilinden Complex, bl. 48, ent.2, apt. 6

Last updated: November 11, 2025

Version: 1.0