EVO Radio Ltd
GENERAL CONDITIONS
In effect as of 01. 04. 2025
This document contains the General Conditions for use of the information resources and services provided by EVO Radio Ltd to Users on the website https://evoradio.eu and establishes the relations between EVO Radio Ltd and each one of the registered Users of the information services accessible via the Site (the 'Services').
These General Conditions are essentially a contract that is considered concluded and is binding between each user, including only a visitor to the website or another person using the services offered by the company through an online platform based on the address: https://evoradio.eu. By opening, viewing and / or using the platform, each user is considered and accepted to be familiar with the provisions and agrees to be bound by and comply with these General Terms and Conditions and the provisions of applicable law, as far as possible before its registration and respectively before using the provided services.
1. Definitions
When implementing and interpreting these General Conditions, the terms and expressions used will have the following meaning:
1.1. Website/Site ('Website') is a virtual information resource, an independent place in the global Internet network, accessible via its uniform locator (URL) over HTTP, HTTPS or another standardized protocol and containing files, programs, texts, sound, picture, image or other materials and resources;
1.2. https://evoradio.eu/ (the 'Site') is a website enabling Users to use the Services, subject to these General Conditions;
1.3. EVO Radio Ltd (hereinafter the 'Provider') is a commercial company registered with the Commercial registry at the Registry Agency in Bulgaria, having its registered address at: Sofia 1336, zhk. Lulin, b. 65, entr. B, apt. 23, having an unified identification code (UIC) BG208119453, providing the Services, subject to these General Conditions, via the website https://evoradio.eu administered by it.
1.4. User is any person that following registration uses the services of the Provider described in these General Conditions and provided via the Site;
1.5. User Profile is an independent part of the Site containing information about the User required by the Provider upon the registration and kept with it, while the access to the User Profile is carried out by the User by entering a user name and password. The User Profile enables the User to use the Services of the Site, to terminate the use of the Services, to change his password, etc.;
1.6. Malicious Actions are actions or inactions violating the Internet ethics or causing damages to persons connected to the Internet or associated networks, sending undesired mail (SPAM, JUNK MAIL), overflowing the channels (FLOOD), obtaining access to resources with someone else’s rights and passwords, using system imperfections for the purpose of personal profit or obtaining information (HACK), carrying out actions which may be defined as industrial espionage or sabotage, damaging or destroying systems or data sets (CRACK), sending or invoking 'Trojan horses' (unauthorized remote control systems) or causing installation of viruses, disturbing the normal work of the remaining users of the Internet and associated networks, carrying out any actions which may be defined as a crime or administrative violation under the Bulgarian law or other applicable law;
1.7. Methods of providing the content: at the moment the content on the Site is only available to the User through the "Subscription" method - service that allows the User to access explicitly requested content of Platform via computer at a time selected by the User when fulfilling the conditions set by the Provider.
2. Subject Matter of the General Conditions
2.1. The Provider provides Services to the User through the Site, in strict compliance by the User with the requirements specified in these General Terms. The Provider reserves the right to unilaterally develop and offer new services or to suspend the provision of part or all of the Services, in which case the conditions agreed below are applied.
2.2. The provision of the Services on the part of the Provider does not include ensuring computer and telecommunications equipment. The Provider is not liable in case the User cannot establish access by reason of problems beyond the Provider’s control (a hardware or software problem, problem with Internet connectivity, etc.)
2.3. The services provided by no means transfer and allow the exercise by the User or by third parties of any intellectual property rights on the Products and the elements thereof: subject matter of the services.
3. Types of Provided Services
3.1. Via the Site, the Provider provides wirelessly or over a cable (depending on the technology used for Internet access) access to an unlimited number of persons to Media Products and their editions or to parts thereof in a manner allowing this access to be established from a location and at a time individually selected by each User. The Media Products and their editions may be television and radio programs, news bulletins, films, video clips, etc.
3.2. The services only include providing the opportunity for visual and / or auditory perception of specific ordered content on the Platform. The broadcasting of the products is carried out in accordance with the available Method on the Site for providing content at the time of request for access.
3.3. Services are also other resources and products provided by the Provider against payment, subject to continuous development and supplement. The specific services, prices and conditions of the provision thereof are set out on the respective pages of the Site.
4. Acceptance of the General Conditions
4.1. The General Conditions are published in a visible place on the Site and are made available to every User.
4.2. Upon his initial registration on the Site, the User agrees to the General Conditions by making an electronic statement within the meaning of the Electronic Document and Electronic Trust Services Act, whereby he declares that he is familiar with these General Conditions, accepts them and undertakes to comply with them.
4.3. In case of a dispute about which person has expressed a will to bind himself with the text of these General Conditions, a party thereto shall be considered to be the person in whose name the Services have been paid (in case of paid services) or the person that has predominantly used the Services (in case of free use of the services).
5. Amendment of the General Conditions
5.1. Insofar as the Services provided by the Provider are varied and continuously supplemented and modified with the aim of improvement and expansion, as well as in relation to legislative changes that reflect on the provided services, the General Conditions may be amended, superseded or withdrawn unilaterally by the Provider.
5.2. When effecting changes in the General Conditions, the Provider publishes in a visible place on the Site a communication of the amendment of the General Conditions, as well as the text of the amendments for the duration of at least thirty days in succession before changes enter into force. Users are deemed informed of the changes as of the date of their publication as specified above. When the changes in the General Conditions are initiated by the Provider, each User may terminate its individual agreement without sanction in one month term since the amendments have entered into force and to be reimbursed with an amount of money which is proportional to the prepaid and unused sum of money. This is not applicable when the amendments of the General Conditions are in favor of the User, do not concern services used by the User or the changes are due to the applicable legislation or act of a competent authority.
6. Registration for Use of the Services
6.1. The User’s access to the services on the Site and their use takes place after registration.
6.2. The user registers by specifying a username, password, email and enters personal data (including names and country of origin) listed on the relevant pages of the Site. If the username is not occupied, the User receives the username and password he has requested. In case the selected username is already occupied by other User, the User should choose another one that is unique and not registered by another User.
6.3. Upon registration, the User undertakes to provide accurate and up-to-date personal data. The user is obliged to identify himself with his real name and real age. In case of change, the User undertakes to promptly update the data specified in his registration. Failure to comply with this obligation of the User releases the Provider from liability for any damages directly arising from this.
6.4. The user name with which the User has registered does not give him any other rights except for the right of the first that has requested a specific user name within the computer information system of the Provider. The Provider does not verify and is not liable for the veracity of the user name, for the fact whether it affects the rights of third parties and, in particular, the right to a name or other personal rights, right to a trade name (company name), right to a trade mark or other intellectual property rights. The user is obliged and responsible not to violate the rights of others through his username. In the event that it is indisputably proven that through his username the User has infringed the rights of third parties, he owes the Provider compensation for all damages that have occurred to the Provider and are a direct and immediate consequence of violations by the User of the rights of third parties, including any legal costs incurred and legal fees / legal fees paid.
6.5. The user is fully responsible for the protection of his username and password, as well as for all actions performed by him or by a third party using his username or password. The User is obliged not to disclose his password to third parties and to notify the Provider immediately in case of unauthorized access, as well as in the event of such access.
6.6. Identification of the User for the purpose of reproduction of his / her declaration, as for the acceptance of the General Terms and Conditions, as well as for the made Requests, is carried out through the data on the Site’s servers which is stored in log files. More information about the collected personal information and its collection is described in the page Policy for protection of personal data.
7. Entry into the Agreement
7.1. With a view to effecting the registration and expressing consent to the General Conditions by the User, a Framework Agreement is entered into between the Parties for use of the Services (the 'Agreement'). The Agreement takes effect and is considered to be entered into as of the time of reaching an agreement objectified in the manner set out in Article 4.2. On the basis of the Agreement entered into, the User has the right to request by application the activation of separate Services.
7.2. After entering into the Agreement, the Provider forthwith sends to the User an e-mail containing: Provider’s name and address; available information characterizing the provided Services (access plans, prices, schemes and methods of payment, etc.); conditions for termination of the Agreement; possibility for the User to cancel the Agreement, etc.
7.3. The User is entitled without owing compensation or a penalty and without indicating a reason to cancel the Agreement within 7 business days of its entry into. The statement of cancellation should be forwarded to the Provider via the respective electronic form on the Site, via e-mail or by fax. With the receipt of the statement, the Agreement is considered to be cancelled and the User’s registration and his User Profile are deleted.
8. Requests to Use Specific Services and Schemes of Their Payment
8.1. For the use of each paid service on the Site, the User should send to the Provider a request for use of a specific service (the Request) and pay a certain price. The application is objectified by means of an electronic statement within the meaning of the Electronic Document and Electronic Certification Services Act, which has the meaning of explicit consent for the start of the provision of the paid Service. The electronic statement under the previous sentence is made by entering a username and password, as long as the use of the Services is available only to registered Users, and pressing the appropriate duly marked virtual buttons to generate and send the request. The request contains data individualizing the person who pays for the Service, the specific Service, its price, as well as the payment method chosen by the User.
8.2. Each provision of Services under the Subscription scheme starts after payment by the User of the price indicated on the Site, with which the User completes the specific Application for activation of the respective service on the basis of the concluded contract. Upon receipt of payment from the Provider, the application is considered accepted, enters into force and becomes an integral part of the contract. Each specific request is automatically terminated by consuming the specific service in the manner indicated to the respective content (providing access to content for a certain period).
8.3. In case the service is provided in accordance with the previous paragraph and the User is granted access to the content for which a price has been paid according to the Application (i.e the amounts have been utilized), but during the same period the User exercises his right to withdraw from the contract within the meaning of Art. 7.3., the User is not due to refund the amounts paid.
8.4. The Provider undertakes to activate the respective service within 24 hours of receiving the payment at the respective price and after establishing accurate data on the identity of the User who made the payment.
9. Prices and Methods of Payment
9.1. With each request for a service, the User pays the price of the selected service according to. The user can pay the amounts due by credit card / debit card, which can be used once or registered in the user profile.
9.2 The Provider shall not be liable for any costs of the User in connection with the payment of the services, including in connection with fees, commissions or other additional payments made by the users or their bank in connection with the transaction itself. The costs associated with such payments are borne by the Users.
9.3. The prices for each provision of content are duly and in detail described in the Price List of the provided Services, which is published in a prominent place on the Site, which is an integral part of these General Terms and Conditions. The prices included in the Price List are final, including all taxes and fees.
9.4. The prices of some or all Services are subject to unilateral updating by the Provider. The Provider may unilaterally change the Price List of the provided Services. The new prices come into force from the moment indicated by the Provider. In case of payment, a price shall be applied, actual at the later of the two moments - of submission of an Application under Art. 8 or of payment of the requested service, in case such does not follow immediately.
9.5. A subsequent change in the prices does not affect the rights of a User who has already paid the price of the respective requested Service, regardless of whether at the time of the price change the Provider has already activated the respective service.
9.6. The provider sends an email to confirm the payment. The Provider issues an invoice for payment made on request, if the User has explicitly requested such. The User agrees to receive the confirmation of payment and / or invoice electronically at the email address specified by the User in his account or by uploading it to the account itself.
9.7. If the consumer wishes to be issued an invoice, he is obliged to provide the necessary information in accordance with the current legislation for its issuance.
9.8. In order to properly compile the invoice for the respective Request, the User is obliged to constantly update the data in his account. He is obliged to review the information provided in the relevant Application to ensure that it is complete, correct and accurate.
10.Financial Mediator and Policy.
10.1 Payment by debit/credit card is made through VPOS.
10.2 The following types of cards are accepted: debit, credit, and business cards Visa, Mastercard, and bCard.
10.3 All transactions are conducted via the security programs MasterCard Identity Check and VISA Secure.
10.4 The maximum amount for card payment is BGN 2000.
10.5 No data from bank cards used for payments via the website is stored.
10.6 In case of refund necessity of an amount paid by card, it will be returned to the same card.
10. Фиансов Посредник и Политика. - BULGARIAN
10.1 Плащане с дебитна/кредитна карта се извършва посредством VPOS.
10.2 Приемат се следните видове карти: дебитни, кредитни и бизнес карти Visa, Mastercard и bCard.
10.3 Всички транзакции се осъществяват чрез програмите за сигурност MasterCard Identity Check и VISA Secure.
10.4 Максималната сума за плащане с карта е 2000 лв.
10.5 Не се съхраняват данни за банковите карти, използвани за плащане чрез сайта.
10.6 При необходимост от възстановяване на сума, платена с карта, тя се връща по същата карта.
11. Intellectual Property
11.1. The intellectual property rights over the content of the Site in its entirety, its functionalities, graphic design, used signs or the rights over individual products (works), part of the content of the Site, are subject to protection under the Copyright and Related Rights Act. trademarks and geographical indications and other normative acts in connection with the protection of intellectual property objects, which could be applicable, and belong to the Provider or to the respective person, who has ceded to the Provider the right to use the respective object of intellectual property rights
11.2. The sites may not be used in violation of applicable law, as well as outside the limits of permitted use by the Provider in the volume, for the period and territory expressly permitted by the Provider by providing the Services.
11.3. In no case shall the User of the Services have the right to store, record, distribute, reproduce, publish, broadcast, copy, rewrite, download, use a function for screen captures, transmit, retransmit, offer wirelessly. by way or by cable of access of an unlimited number of persons to the content of the Site or to parts of it in a way allowing this access to be realized from a place and time, individually chosen by each of them or to perform any other actions , which may infringe any property and non-property rights and interests of the Provider in connection with the intellectual property objects incorporated in the content of the Site or used in connection with the Site, and / or third parties holding rights to the products - subject of the Services.
11.4. The user is not allowed to use any technical means and software products to perform the actions prohibited under the previous point.
11.5. In the event that the User does not comply with any of the provisions of this Article 10 and it is unequivocally proven that the User has infringed the intellectual property rights of third parties, he owes the Provider compensation for all damages incurred by the Provider and are direct and an immediate consequence of the User's infringement of the rights of third parties, including any legal costs incurred and legal fees / legal fees paid.
12. Malicious Software
12.1. The User undertakes when using the Services provided by the Provider not to load, transfer, distribute or use in any way and not to make available to third parties software, computer programs, files, applications or other materials containing computer viruses, unauthorized remote control systems ('Trojan horses'), computer codes or materials designed to interrupt, obstruct, violate or restrict the normal functioning of computer hardware or software or the telecommunications equipment or having as an aim unauthorized penetration in or access to someone else’s resources or software.
12.2. The User is not entitled to use software which conceals his geographical location.
12.3. Upon non-compliance with the requirements of this Article, the Provider is entitled to forthwith interrupt the access of the User to the Site, to delete from his server the relevant information or materials, as well as to compensation for all sustained damages and lost profit, which are a direct and immediate consequence of the non-performance of the obligations under this Article on the part of the User, including for incurred legal expenses and paid lawyer’s fees.
13. Rights and Obligations of the Parties
13.1. The User agrees to adhere to the conditions established by the Provider in relation to the peculiarities of the Services with respect to the type and rules for provision. The User agrees that the future communication with the Provider may also be carried out via e-mail.
13.2. For each separate Service, the Provider establishes the conditions of provision described on the respective pages on the Site. When using the Services, the User should take into consideration these General Conditions as well as the specific conditions for provision of each Service.
13.3. The User undertakes when using the Site:
13.3.1. not to carry out malicious actions and not to provoke behavior which would represent a crime or administrative violation or would lead to civil liability or would break a law in any other way.
13.3.2. to notify forthwith the Provider of any case of a committed or established violation when using the Services provided;
13.3.3. not to interfere knowingly or not in the proper operation of the system, including, but not limited to, not to violate or obstruct the availability, reliability or quality of the Services with respect to the rests of the Users;
13.3.4. not to restrict or prevent any other User from using the Services;
13.3.5. to notify forthwith the Provider if he thinks that the content of the Site or the Services provided violate an act or applicable law;
13.3.6. to notify forthwith the Provider if he thinks that the content of the Site is offensive for him or violates his rights or the rights of third parties;
13.4. The Provider may ensure that banners and hyperlinks are published on the Site referring to other Internet sites and resources. Insofar as the Provider does not have the objective possibility and obligation and does not control these Internet sites and resources, then the latter is not responsible with respect to the content and materials located on these Internet sites and resources. The Provider is not responsible for sustained damages and lost profit resulting in relation to the use, access or authenticity of these materials and content.
13.5. The Provider has the right (but not an obligation) to install on the User’s computer cookies: small text files which are saved from the Internet page through the Internet server on the hard disk of the User and allow information for the User to be recovered by identifying him and allowing tracing of his actions, etc. More conditions for the use of cookies by the Provider are contained in the Cookie Policy, which is published on the website https://evoradio.eu.
14. Personal Data. Protection
14.1. The personal data provided by the Users, as well as the personal data generated by the Provider in the process of providing the services and products, are processed and stored by the Provider in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04 .2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC ("General Data Protection Regulation").
14.2. Detailed information on the purposes and legal basis for the processing of personal data; the categories of subjects and recipients of personal data; the period for which the personal data will be stored; the rights of data subjects in relation to the processing of their personal data by the Provider, as well as information on how they may be exercised; contact details of the Data Protection Officer and any other information that the General Data Protection Regulation requires to be provided to Users is contained in the Privacy Policy, which is published on the website https://evoradio.eu.
14.3. The Provider may provide the holders of rights to the content provided through the Site only with summary information on the use of their products (works), and this information does not include personal data of individual Users.
15. Limitation of Liability
15.1. The Provider is not responsible for damages caused to the software, hardware or the telecommunications equipment or for loss of data arising from materials or resources requested, loaded or used in any way through the provided Services.
15.2. The Provider is not responsible for the non-provision of the Services upon occurrence of circumstances beyond his control: cases of force majeure, fortuitous events, problems in the worldwide web and in the provision of the Services beyond the control of the Provider as well as in case of unauthorized access or intervention of third parties in the functioning of the computer information system or the server. The parties accept that the Provider is not responsible for the non-provision of the Services or their provision with impaired quality in consequence of tests carried out by the Provider for the purpose of checking the equipment, connections, networks, etc., as well as tests intended to improve or optimize the Service provided.
15.3. By accepting these General Conditions, the User declares that he is aware of the possibility of unavailability of access to separate components of the Site or of possible interruptions, delay, damage in the hardware or software, as well as other type of obstructions in the establishing of the Internet connection to the Site which may arise irrespective of the care taken by the Provider. With this Agreement, the User declares that he will not claim any compensations from the Provider for lost profit, sustained damages or inconveniences in consequence of the occurrence of the interruptions or obstructions specified in the previous sentence of the Internet connection, including with respect to the capacity of the said connection.
15.4. The Provider does not guarantee that the Services provided gratuitously will be uninterruptible, timely, secure and free of errors, insofar as this is beyond the capacities, control and will of the Provider. The Provider is not responsible for problems related to the Services provided free of charge.
15.5. The Provider is not accountable to the User and third parties for sustained damages and lost profit occurring in consequence of the termination, interruption, change or restriction of the Services unless this non-performance is due to malicious intent or gross negligence of the Provider.
16. Term of the Agreement. Termination and Refund
16.1. After expiry of the test period under Article 7.3, the Agreement between the parties is considered to be entered into for an indefinite period of time until its termination on the basis of the grounds set out below.
16.2. The Agreement may be terminated by mutual consent of the parties.
16.3. The User is entitled at any time at his discretion to cease the use of the Services and to terminate the Agreement for the future by forwarding a notice in writing to the Provider. In the case that the User renounces the use of the Services after expiry of the test period under Article 7.3, he cannot claim for a refund of already paid amounts.
16.4. Upon an established violation of a provision of the effective legislation or of these General Conditions, the Provider is entitled to cancel the Agreement with the User unilaterally by a 30-day notice without owing a refund of amounts paid by the User or other compensation.
16.5. In the case of non-performance of the obligations under Article 11, Article 12 and Article 14.3, the Provider is entitled to break the Agreement with the User without a notice without owing a refund of amounts paid by the User or other compensation.
16.6. In the case that the User breaks the Agreement by reason of non-provision of the Services by the Provider because of malicious intent, gross negligence, discontinuance of the activities of the Provider or termination of the maintenance of the Site, all amounts previously paid by the User and not used by him are refunded to him.
17. Nullity
The parties declare that in the case some of the clauses under these General Conditions proves to be null and void, this will not entail nullity of the Agreement, of other clauses or its parts. The null and void clause will be superseded by the imperative norms of the law or the established practice.
18. Governing Law. Dispute Resolution
To all cases not settled in these General Conditions, the provisions of the effective legislation of the republic of Bulgaria are applied. All disputes relating to these General Conditions, contract entered into on the basis thereof and their performance may be referred by the parties for resolution to the respective competent court.
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