User’s Agreement of DOMAZA

Welcome to the property portal Domaza!

 

1. General Rules

“DOMAZA” Ltd. (hereinafter referred to as “Domaza”) offers at your disposal its services in accordance with the terms and conditions set forth in the submitted User’s Agreement (hereinafter referred to as “Agreement” or “UA”). The Agreement may be amended by “Domaza” with no special notices. The UA publication in force is always available on the following web page: www.domaza.be/terms_of_use/.

The use of the services of Domaza is regulated by this Agreement, The General Terms and Conditions and the individual and/or group contracts for separate services.

This Agreement and the relations between You and Domaza in respect of the use of the services are governed by the Jurisdiction of the Republic of Bulgaria. In the text of this Agreement, if not specified otherwise, the term “legislation” shall be referred to as the legislation of the Republic of Bulgaria.

By registering on the website Domaza and by the use of any of the services of Domaza, or any other functionality, You express your unconditional agreement with all the terms and conditions of this Agreement and You are further obliged to comply with the same or terminate the use of the services of Domaza.

 

2. Description of Services

Domaza provides the Users with access to a large scale of online services, incl. instruments of navigation, communication, personalization of contents, purchases, etc. All the services existing to date and their development and/or addition of new ones are subject to this UA. You understand and agree that all services are provided “as they are”and Domaza shall not be held liable for any delays, breakdowns, incorrect or untimely delivery, removal or non-preservation of any User’s personal data. In order to use the services of Domaza you need a computer, Internet access (www), registration on the website and access password. Any questions related to the acquisition of rights of access to the network, purchase and tuning of equipment and software shall be settled by you and are not covered by this Agreement.

 

2.1. Free advertising – Free dPanel is a plan providing You with the opportunity to publish 1 property offer, which are automatically visualized in all local sites of Domaza (www.domaza.be). Basic functionalities: unlimited number of photos, property advertising, statistics of the published properties, personal page - mysite.domaza.com, maintenance of various languages, direct receipt of enquires from the website, etc.

 

2.2. Unlimited number of offers - Advanced dPanel is a plan providing You with the opportunity to publish unlimited number of property offers. Additional functionalities – sub-offers of a complex, statistics of the published properties, API, separate profiles for offices and brokers, etc.

 

2.3. Special offers:

•  “Silver”- your properties are displayed with 1 star and have priority placement in search results by location (country, city) and appear immediately after the properties with “Platinum“ and “Gold” plans.

• “Gold” – your properties are displayed with 2 stars and have priority placement on our Homepage and in search results by location, always following the ones with "Platinum" plan.

• “Platinum” – your properties are displayed with 3 stars and always have guaranteed TOP priority placement on the Homepage. They also appear above all other publications when search by location is conducted.

 

2.4. Banner – the ad is visualized on every page of the specific local site, on the right side of the page, with 10 advertising positions available.

 

2.5. Advertising in the magazines Domaza.RU and Domaza.AT – on full or double-page spread.

 

3. Your Obligations for Registration

In order to use the services of Domaza, you agree to submit true and comprehensive information about yourself when answering the questions in the Registration Form and to update the latter continuously. If you provide untrue or incomplete information, or Domaza has good reasons to assume that the information submitted is untrue and incomplete, Domaza shall be entitled to block or remove your registration and to refuse its services (or part of them). Domaza shall remain entitled to request at any time confirmation of your data declared upon registration as well as evidence to support the same. Failure to produce the required documents may, upon sole discretion of Domaza, be considered as submitting untrue information, followed by relevant consequences.

 

4. Your Registration, Password and Safety

Upon completion of the registration process, you may use the selected login (unique symbolic name of your registration) and access password to the personalized part of the services of Domaza. You are liable in respect of the safety of your login and password as well as anything that can be done in Domaza under your login and password. Domaza shall be entitled to prohibit the use of specific logins. You agree with the obligation to inform Domaza immediately of any unauthorized access to your login and password and/or any other infringement of safety and that you turn off operation independently using your password (via “Exit”) upon the end of every working series with the services of Domaza and secure the confidentiality of your access password to the services of Domaza. Domaza shall not be held liable for potential loss of or damages to data, originating from infringement on your part of this part of the UA.

 

5. Behaviour of Registered User

You understand and accept that liability for the overall information, data, text, programmes, music, sounds, photos, graphics, video files, messages, materials (contents) published for general access or submitted in private order, shall be held by the person who has published the same content. This means that You, yet not Domaza, hold the unlimited liability for the overall content you upload, send or transmit, or make accessible through Domaza. Domaza will not control the content, transmitted through its services and hence shall not guarantee the accuracy, comprehensiveness or the quality of the same content. You understand that by using Domaza, you are able to see the content being offensive, indecent or disputable. Under no circumstances shall Domaza be held liable for contents elaborated by the Users of its services.

 

You agree NOT to use the services of Domaza for:

 

a. uploading, sending, transmitting or any other way of publishing contents, that appear to be illegal, harmful, threatening, containing defamation, offending morality, infringing copyright, propagating hatred, and/or discrimination of people of different race, ethnos, sex, religion, social attributes, containing offense to specific persons or organizations, etc.;

b. violation of the rights of underage people and/or causing damages or different kind of inconvenience, notwithstanding the form;

c. violation of the rights of minorities, etc.;

d. personification of another person or representative of organization and/or community if not entitled to do so, incl. Domaza associates, forum moderators, website owners, as well as deception in respect of the characteristics of whatever subjects or objects, etc.;

e. uploading, sending, transmitting or any other  way of publishing contents you are not allowed to effect under the law in force of the Republic of Bulgaria, or by virtue of whatever different contractual relations.

f. uploading, sending, transmitting or any other way of publishing information, related to patent, trademark, corporate secret, copyright ownership and/ or copyrights of third parties, etc.;

g. uploading, sending, transmitting or any other way, except the explicitly permitted one, for publication of advertising information, spam (incl. in searching process), list of e-mail addresses, “pyramid” schemes, multiple- level marketing (network marketing) (MLM), Internet banking systems and e-mail business, “letters of luck” as well as letters for participation in such activities (sending letters with non-agreed contents with references to the services rendered by Domaza, incl. e-mail addresses, websites, references, etc. may be referred to as participation in activities prohibited under this paragraph even if communications have not involved mail servers of Domaza directly), etc.

h. uploading, sending, transmitting or any other way of publishing materials containing viruses or different computer codes, files and software designated to damage, destroy or restrict computer or telecom’s functionality, or software for unauthorized access as well as serial numbers of commercial software and generators, logins, passwords and other means of unauthorized access to paid Internet resources as well as establishment of links to the above information, etc.;

i. infringement of the local, Bulgarian and European legislation and International laws;

j. collection and storage of personal data of third parties;

k. causing damages and/or other failures to Domaza website.

l. use of any forms and ways for illegal representation of third parties in the network;

m. publication of links to resources in the network with contents contradicting the law in force of the Republic of Bulgaria, the local, Bulgarian and European legislation and International laws;

n. encouragement, instigation, assistance to actions and/or inactions for infringement of restrictions stipulated in the Agreement and others.

 

You accept that Domaza has no liability to investigate the contents of every material prior to its publication and that Domaza shall have the right (yet not the obligation) to refuse upon its own discretion the publication and to remove any contents accessible through Domaza service. You agree with the assessment of all the risk related to the use of contents, incl. assessment of reliability, comprehensiveness or the benefits of the same. You understand that the technology of the services may require transmitting your contents to computer network as well as the modifications thereto for compliance with the existing technical requirements.

 

6. Right to Use the Registration on Domaza

You accept and agree not to reproduce, duplicate or copy, sell or resell, and not to use for different commercial purposes any parts of the Domaza service, the use of or the access to the service, except in the cases when this is allowed by Domaza. By registration on Domaza, you are granted the non-transferable right to use your registration (login and password) for access to Domaza service. You are not allowed to transfer your registration (login and password) to third party, neither to receive it from third party, unless permitted by Domaza. Domaza shall not be liable for any agreements between you and third parties.

 

7. If you use the services of Domaza for hosting of your information (pages, references, etc.), then You agree with the following conditions:

7.1. Domaza shall reserve the right to take and keep under its control any subdomain included in the domain managed by Domaza. Domaza shall have the right, under its own discretion and with no prior notice, to use the rights of “higher class domain” in its relations with all subdomains in this case you will be obliged to submit your subdomain to the control of Domaza.

7.2. Domaza reserves its right to publish on your web page advertising and any other information for public domain, yet with no deteriorating the content of your web page. The form, way and scope of such information may be modified by Domaza from time to time.

7.3. During the use of free website service it is forbidden to:

a. use web pages for the sole purpose of references to other web pages;

b. reference or disclosure of materials for advertising purposes or disclosure of information if not permitted by Law;

c. elaboration or publishing of hidden pages, images or files, the access to which is not feasible from other pages in our website;

d. publication or propagation of pornography of child’s erotic as well as advertising intimate services;

e. publication and/or transfer of information of illegal nature, incl. materials enhancing national hatred, instigating violence against individuals or group of individuals, or inhuman attitude towards  animals; invoking illegal activity, incl. explanation of the use of explosives, weapons, etc.;

f. restriction – with the use of password or otherwise – access to web pages and different files, incl. use of password protected archives;

g. violation of the normal order in the network, incl. use of settings hindering real time data exchange, incl. scrolling with speed not complying with the standard ability of the users to input data, opening additional browsers, etc.;

h. publishing files and archives with volume exceeding 5 MGb (adopted as single file in multi-volume archive);

i. deterioration of the appearance or operational parameters of all components uploaded by Domaza on the web page, incl. control panels, background images, logos and advertising banners, and if the standard banner automatically published on your page by Domaza is not completely visible for some specifics of the code of your page, you are obliged to secure the normal image of this banner provided by Domaza or to manually posit the banner code on the page, provided by Domaza for statistical publication as alternative to the standard one (see details);

j. publishing on your site of objects of intellectual property subordinate to intellectual property rights, if you are not allowed to publish the specified objects of intellectual property in public domain and others;

 

8. General Provisions for Use and Storage

You agree that Domaza may impose restrictions on the use of services, incl. terms for storage of messages in mail box and any other contents, minimum amount of messages to be sent or received by a single registered User, the maximum number of addresses in the services for a specified period of time, etc. Domaza may ban the automatic addressing to its services and to terminate the receipt of any automatically created information (spam for instance). Domaza may, under its own discretion, terminate connections to networks that infringe the principles of interaction.

 

Domaza Administration may send information messages to its users. Domaza shall not be held liable for any delays, breakdowns, untrue or untimely delivery, deletion or non-storage of user’s personal data. You agree that Domaza shall reserve the right to delete user accounts who have not used their access for a prolonged period of time. You accept furthermore, that Domaza may change the rules and limitations at any time with or without prior notice.

 

9. Termination of Registration

9.1. You accept that Domaza shall reserve the right to block or delete your Account or to terminate the account for all the services and delete any content with no prior notice or reason, incl. in case of violation of UA and/or The General Terms and Conditions, or under the use of the service, especially:

a. Your e-mail (address) will be deleted if not used for more than 4 months;

b. The receipt of messages to your e-mail address in the mail box of Domaza will be blocked if not used for more than 1.5 months;

c. Your site in the service mysite.domaza.com as well as the supplementary services (forum, etc.) will be deleted if the site has not been visited for a period of 4 months and contents have not been updated at least once;

d. Your entries (records) in Domaza catalogue will be deleted if not used for more than 12 months.

 

9.2. You are entitled at any time to remove your registration from all the services of Domaza or terminate the same in respect of some of them using the relevant functions in your personal section. For the purpose, it is necessary to send application in writing to the electronic or mail address of Domaza.

 

9.3. Removal of registration is made in the following order:

a. registration will be blocked for a period of one month with the contents and user’s data still maintained, and yours and other users’ access blocked;

b. if in the above one-month period your account is recovered, you’ll be allowed to access the specified data, available by the time of blocking (except the contents that infringe the terms of this agreement or other documents related to the service);

c. if, in the above one-month period your account is not recovered, all the contents and history will be deleted and the login will be available to other users;

d. as from that moment on, any information related to the account, as well as the access to the services of Domaza based thereupon, will become unfeasible.

9.4. The procedure explained in 9.3. above, is also applicable for termination of registration in respect of any of the services of Domaza, with the difference that upon blocking or termination of a single service, the remaining services used and the information published by you based on this account, will remain accessible.

9.5. Domaza may at any time terminate the services offered, with or without prior notice. In this case Domaza shall not be held liable for any termination of access to its services.

 

10. References

The services of Domaza may contain references to other resources. You acknowledge and agree that Domaza shall not be held liable for the access to these resources and the contents thereof as well as in respect of whatsoever consequences related to the resources in use.

 

11. Rights of Ownership of Domaza

You accept and agree that the services of Domaza and all the software related thereto, contain confidential data protected by the intellectual property, Bulgarian and international acts, and that the contents provided to you in the process of rendering the services is protected by copyright, trademarks, patents and any other relevant acts. Except in the cases especially agreed by Domaza or its advertisers, you agree not to modify, sell or distribute this content and software in full or partially.

Domaza is granting you the personal non-exclusive and non-transferable right to use the software provided with the Services on one computer, provided neither you, nor any third party with your assistance, copy or modify the said software, derivatives therefrom; penetrate the software in order to obtain programme codes, sell, transfer, rent, assign in any other way with the software of the services rendered under UA, as well as modify the services, incl. obtaining unauthorized access to the same.

 

12. News and analyses

If you submit material to this site, owned by Domaza, Ltd., you grant Domaza, Ltd. an exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed.

You grant Domaza, Ltd. the right to use the name that you submit in connection with such content. You represent and warrant that you own all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate this TOS and will not cause injury to any person or entity; and that you will indemnify Domaza, Ltd. and its directors, employees, representatives, successors, for all claims resulting from material you supply. Domaza, Ltd. and its directors, employees, representatives, successors disclaim any responsibility and assume no liability for any material submitted by you or any third party.

 

13. Release of Warranty

You understand and agree that you:

a. Use the services of Domaza at your own risk. The services are granted “as they are”. Domaza will accept no liability, incl. in respect of the purposes the User utilizes the services for;

b. Domaza will not guarantee that the services will satisfy your requirements; the services will be granted continuously, at high speed, in reliable manner and with no faults; the results obtained with the involvement of authorities will be accurate and reliable; the quality of any product, service, data, etc. obtained with the involvement of authorities will meet your expectations; all software errors will be eliminated;

c. All the materials received through the use of Domaza services may be used on your own risk. You are liable for any damage caused to your computer and data resulting from loading these materials.

d. Domaza shall not be held liable for whatsoever direct or indirect losses, resulting from the use or the inability to use the services; unsanctioned access to your communications; applications or behavior of any third parties in the services.

 

14. General Information

UA shall serve as legally binding contract between You and Domaza and regulates the services of Domaza used by You. Other agreements made by You may also impose additional obligations related to the use of different services, as well as the contents and software owned by third parties.

You and Domaza agree that any disputes that may arise in connection with UA shall be settled in accordance with the Bulgarian Law in force. Taking into account the free nature of the services covered by UA, the standards for protection of Users’ rights are not applicable. In case UA is to provide for payments, the same will incorporate the respective amendments in order to satisfy the captioned standards.

Nothing in UA shall be deemed as establishment between you and Domaza of agency, partnership, joint activity, employment or any other kind of relations, not directly specified in UA.

Declaration by the Court of any of the clauses in UA as null and void or non-enforceable, shall not result in invalidity of the remaining clauses of the Agreement.

The Inaction on the part of Domaza in case of infringement of UA clauses by you or other users shall not deprive Domaza of the right to take relevant action to protect its interest on a later stage, and shall not be deemed as waiver of right by Domaza in case of similar violations in the future.

 

GENERAL TERMS AND CONDITIONS OF DOMAZA

 

1. Scope of The General Terms and Conditions

1.1. These General Terms and Conditions regulate the terms and conditions for acceptance and emission of advertising materials on www.domaza.be and represent an agreement between “DOMAZA” Ltd. and the User, or are an integral part of the individual contract agreed between the same parties.

1.2. Amendments to the General Terms and Conditions.

The General Terms and Conditions may be amended unilaterally by “DOMAZA” Ltd. In case of amendments to these General Terms and Conditions, the latter shall be published in the web site www.domaza.be and shall enter into force on the date of their publishing, with the Users deemed as being immediately informed.

 

2. Standard Requirements

2.1. No advertising materials will be emitted, if they may be perceived as offensive, obscene, contradicting with the Law and moral, violating third party’s intellectual property rights. “DOMAZA” Ltd. shall reserve the right to refuse the emission of advertising products that contradict with the corporate policy.

2.2. “DOMAZA” Ltd. may request the approval of the advertising materials prior to their publication on the website. The technical requirements of publicity are subject to verification. “DOMAZA” Ltd. shall reserve the right to refuse the emission of specific order and/or advertisement, submitting its arguments to the User.

2.3. These General Terms and Conditions shall be binding for the Users. It is deemed that the users have accepted the General terms and Conditions by sending an application to “DOMAZA” Ltd. in writing, via e-mail or fax and/or registration on www.domaza.be for emitting of advertisement and/or upon signing a contract for rendering advertising services by “DOMAZA” Ltd. By submitting information for participation in the magazine or in the portal, The User agrees with the General Terms and Conditions as well as with the public access to the submitted information.

2.4. Advertising positions may be offered to more than one user. These are referred to as booked for the User only upon advance payment in full or partially of the due amounts under the tariff of “DOMAZA” Ltd.

 

3. Requirements to the advertising content

3.1. It is not allowed to publish advertising materials with misleading content.

3.2. Advertising materials shall not contain graphics simulating interactivity (drop-down menus, search fields, etc.) in case no such functionality really exists.

3.3. Publications of immoral nature, containing obscene words, attacks against specified physical persons or legal entities, damaging the reputation of specific person, team of people, or subject of discriminating critics are not allowed. The above said also refers to links leading to such websites.

3.4. Publications and/or placement of advertising materials, which:

-    Contradict with the law and moral standards;

-    Do not contain precise description of the offered service, commodity;

-    Contain inaccurate or misleading information related to discounts, promotions, offers or services;

-    Contain obscene, insulting or discriminating content;

-    Have occult nature – clairvoyance, fortune telling, astrology;

-    Contain political views aimed to canvassing and propaganda, etc.

Are NOT allowed!

 

4. Provision and acceptance of advertising materials and forms

All advertising forms will be accepted for emitting upon verification of fitness by a technical expert.

“DOMAZA” Ltd. shall reserve the right to postpone the campaign, if advertising materials do not comply with the requirements stated herein.

4.1. Standard and ready for use advertising materials shall be submitted 5 days prior to the emission on www.domaza.be.

4.2. Non-standard, ready for use advertising materials will be accepted no later than 7 days prior to the emmission on www.domaza.be for testing and approval.

 

5. Prices, terms and conditions for payment

5.1. Advertising materials and forms will be emitted upon User’s assignment against payment of remuneration predetermined according to the valid Advertisement Tariff of “DOMAZA” Ltd.

5.2. Advertising pricing update is made quarterly based on website rating.

5.3. The User shall organize an advance bank transfer of 100 % of the due amount for each individual order prior to the date of the first emission.

 

6. Rights and Obligations of The Parties

6.1. “DOMAZA” Ltd. is obliged to exercise due diligence for providing the User with the opportunity for normal use of the services, subject to these General Terms and Conditions.

6.2. “DOMAZA” Ltd. shall provide the User with access to the online statistics of the number of impressions and clicks as well as any other statistical information for the respective advertising campaign. The access will be provided by entering unique User name and access password, provided by www.domaza.be to the User.

6.3. “DOMAZA” Ltd. shall reserve its right to postpone the emission of advertisement in case of non-compliance with the conditions stated herein.

6.4. The User agrees to comply with the conditions stipulated by “DOMAZA” Ltd. related to the requirements to advertising materials and forms and the processing terms for operation of www.domaza.be. In case of non-compliance with the General Terms and Conditions by the User, “DOMAZA” Ltd. shall be entitled to terminate the emission of respective advertising material immediately.

6.5. When using the website, the User is obliged to comply with the statutory regulations in force, as well as with the rules for moral conduct in Internet.

6.6. The User is not allowed to perform actions representing improper intervention in software providing the functioning of the website, incl. intervention in server or network.

6.7. The User is not allowed to use, reproduce, modify or commit any other violations in respect of any part of or the overall content of the website.

6.8. The User is not allowed to disclose his user name and password to third parties.

 

7. Liability. Restricted Liability

7.1. “DOMAZA” Ltd. will not guarantee and shall not be held liable for the achieved efficiency of User’s product, emitted under the General Terms and Conditions.

7.2. “DOMAZA” Ltd. shall not be held liable for non-provision of the services based on circumstances beyond the control of the former, Force Majeure circumstances, accidental events and problems in the Global Internet network, at hosting, rendering of services beyond “DOMAZA” Ltd.’s control as well as in cases of unauthorized access or intervention by third parties to the functioning of information system.

7.3. “DOMAZA” Ltd. shall not be held liable for emitted advertising materials perceived as offensive, obscene, violating the law and the moral, infringing the intellectual property rights of third parties, etc.

7.4. The User guarantees, that all the requests sent to the website www.domaza.be and “DOMAZA” Ltd. for advertising comply with the requirements of the Bulgarian law in force, as well as that they own to the required extent the copyright, similar rights and/or different material and immaterial rights on the advertising materials submitted for publication, the availability of all the required permits, approvals, licenses, etc., required or that might have been required for advertising of the product/service, subject of the application.

In case any of the preceding statements or guarantees appears to be untrue and false and www.domaza.be and “DOMAZA” Ltd. become subject of claims by third parties in connection with the execution of respective application for advertising, or is sanctioned by state authorities, the User shall be obliged to reimburse and/or compensate www.domaza.be and “DOMAZA” Ltd. for the imposed sanctions or claims, no matter whether the User is a Party or not to such claims or sanction proceedings.

7.5. The team of www.domaza.be and “DOMAZA” Ltd. shall not be held liable for the text, contents and authenticity of the information published by the User on the website.

Liability in respect of text, contents and authenticity of the published offers is to be held entirely by the User. In case of infringements, the publication will be deleted and the User agrees not to claim reimbursement of the price paid or any other compensations.

7.6. The User is liable for damages and sanctions caused to www.domaza.be and “DOMAZA” Ltd. for reasons of non-implementation of their obligations under these General Terms and Conditions.

7.7. The User shall compensate www.domaza.be and “DOMAZA” Ltd. for all overdue payments to the extent of the lawful interest as of the date of delay until the date of payment of the due amount, as provided for by the Law in force in Bulgaria.

7.8. “DOMAZA” Ltd. and www.domaza.be shall not be held liable for infringement of copyright and similar rights related to advertising forms submitted by the User. “DOMAZA” Ltd. and www.domaza.be shall not be held liable for the acts of their Users, provoked by the advertisements published by www.domaza.be.

7.9. “DOMAZA” Ltd. and www.domaza.be shall not be held liable to the User upon disclosing by the latter of his User name and password to third parties.

 

8. Penalty Clause

Upon termination of already initiated campaign, the User, on top of the due amount, shall pay a penalty of 20 per cent of the gross amount of the order.

Upon reduction of the budget of preliminary approved application for already initiated campaign, the User shall pay a penalty of 20 per cent of the gross amount of the difference between the values of the two budgets.

In case of surrender from advertising campaign in 5 (five) working days prior to the start of the campaign, the User shall pay a penalty of 20 per cent of the gross value of the campaign.

Upon reduction of the budget of preliminary approved application in 5 (five) working days prior to the start of the campaign, the User shall pay a penalty of 20 per cent of the gross amount of the advertising campaign.

 

9. User’s Consent

It shall be deemed that The User accepts and agrees to comply with these General Terms and Conditions upon the registration from his part on www.domaza.be or upon signing the contract with “DOMAZA” Ltd.