General Terms and Conditions
I. SUBJECT MATTER
These general terms and conditions are intended to regulate the relationship between NIK BALKANS S.R.L., headquartered in Bucharest, Sector 1, 17 Iordache Golescu St., 5th floor, office 2, postal code 011302, registered with the Trade Register under number J2015011167402, Tax ID 34993782, hereinafter referred to for brevity as the PROVIDER, and the users, hereinafter referred to as CLIENTS, regarding the services provided by the former, mentioned in these General Terms and Conditions, hereinafter referred to as the Services.
1.1. The General Terms are mandatory for all CLIENTS of NIK BALKANS S.R.L. These General Terms, the Privacy Policy, and the Cookie Usage and Management Policy of the SUPPLIER constitute an integral part of every service usage contract concluded between the SUPPLIER and the CLIENT.
1.2. These General Terms regulate the manner, terms, and conditions under which NIK BALKANS S.R.L. grants CLIENTS non-transferable and limited rights to use the products and services offered by the company, for a specified period.
1.3. The products and services, as well as their specifications, quantity, and duration, provided to the CLIENT in a specific case, are established through specific conditions in the sales document(s) issued by the SUPPLIER to the CLIENT.
1.4. A detailed description of the SERVICES and their specifications is published on the SUPPLIER's website.
1.5. The SUPPLIER reserves the right to introduce new technological modules and functionalities, based on cloud technologies and artificial intelligence, which may be subject to a supplementary agreement or an updated price list.
1.6. From the moment of full or partial payment of the price of the SUPPLIER's products and/or services, including those based on a subscription, the CLIENT expresses their agreement with these General Terms.
II. GENERAL RULES FOR ALL TYPES OF SERVICES
Start of the service provision period
2. The SUPPLIER will present the CLIENT with a written or verbal offer, which includes:
a) Product (license, device) with a description of the version/model;
b) Subscription (in certain cases it may not exist), version;
c) Price;
d) Delivery time;
e) The validity period of the offer.
2.1. The offer may be in written or verbal form and, upon its presentation, the sales representative provides the CLIENT with information regarding these Terms and the website address where they are available.
2.2. The offer may be presented to the CLIENT only by persons authorized by the SUPPLIER (sales representatives).
2.3. The SUPPLIER is not responsible for offers made by unauthorized persons.
2.4. The offer is considered accepted by the CLIENT through confirmation – verbal, written, or tacit (through an unequivocal action). In the case of CONSUMERS, as well as in the case of distance contracts, the acceptance of the offer is made through an express, written, or electronic confirmation that ensures the evidentiary nature of the consent.
2.5. If the CLIENT accepts the offer after the expiration of the validity period stated therein, the PROVIDER does not guarantee the parameters mentioned in the offer, and the price and/or delivery terms may be subject to change.
2.6. Electronic acceptance of the offer via a specialized platform of the PROVIDER has the legal effect of a handwritten signature, in accordance with the Law on Electronic Documents and Electronic Authentication Services.
3. After the CLIENT has paid for the service provided by the PROVIDER, the latter shall issue an original invoice, which is sent to the CLIENT at their registered e-mail address.
4. Service visits on public holidays are charged according to the NIK BALKANS S.R.L. price list.
5. The PROVIDER reserves the right to suspend the provision of certain services in the event of outstanding obligations to NIK BALKANS S.R.L. for hardware or software products.
III. TERMS OF USE
6. Upon entering into a service agreement, the PROVIDER grants the CLIENT, for a fee, internet access to one or more of the Agrimi, TechnoFarm, and AgroOffice services, or to a system for monitoring the position and movement of machinery and/or motor vehicles and/or other means of transport (referred to in the Agreement as "Machinery"), based on data from mobile devices using the FarmTrack global positioning system (GPS).
6.1. Access is provided via a website managed by the PROVIDER.
6.1.1. The PROVIDER provides the CLIENT with a username and password, which the latter uses to access the website.
6.1.2. The username and access password are sent to the e-mail address provided by the CLIENT.
6.1.3. The PROVIDER is not liable for the non-receipt of the username and password due to an incorrectly provided e-mail address by the CLIENT.
6.2. The Service may contain links to other websites (e.g., advertisements), integrated third-party products, or may allow such third parties to send such links.
6.2.1. The presence of a link to a third-party website does not imply that the PROVIDER endorses its content or has any affiliation with that third party.
6.2.2. The PROVIDER does not exercise control over third-party websites, and the risk of accessing them or their content lies entirely with the USER, who must always familiarize themselves with the general terms and conditions and the personal data protection policy of these pages before using them.
6.2.3. The PROVIDER is not liable for damages or loss of profit resulting from the use of content, products, or services accessible or provided through a third-party website.
6.3. The PROVIDER does not guarantee that the provided Service will meet the CLIENT'S requirements, nor that the CLIENT will have uninterrupted, timely, or error-free access to it.
6.3.1. The PROVIDER is not liable for the reliability of data obtained through the use of the service(s), nor does it guarantee that the quality of the service(s) will meet the CLIENT'S expectations.
6.3.2. The PROVIDER is not liable for damages caused by computer viruses or other malicious programs (spyware, malware, adware, etc.) that have entered the CLIENT'S computer system as a result of loading the service(s) and/or downloading content from the respective service(s).
6.3.3. The CLIENT is responsible for ensuring the minimum technical requirements for end devices and internet connection necessary for the proper functioning of the Software, and the PROVIDER assumes no liability in the event of incompatibility with the CLIENT's hardware.
6.4. The risk of using the service(s) lies with the CLIENT.
6.4.1. Neither the PROVIDER nor any third parties involved in the creation and provision of the service are liable for any direct, indirect, or other types of damages resulting from accessing and/or using the service.
6.4.2. The PROVIDER is not liable for the CLIENT's qualifications and/or objective/subjective inability to benefit from the data received.
6.4.3. The PROVIDER is not liable for the CLIENT's inability to achieve higher yields, lower costs, higher quality products, etc.
6.4.4. The CLIENT assumes full risk regarding their agricultural cultivation practices.
6.4.5. The PROVIDER is not liable for any damage or harm caused to crops resulting from the CLIENT's actions and/or omissions.
IV. PRICE AND PAYMENT TERMS
7. For the services rendered, the CLIENT shall pay the PROVIDER a price/fee in the amount additionally agreed upon for the specific services used by the CLIENT within a determined and expressly stated timeframe.
7.1. Prices for products and services offered by the PROVIDER are negotiated individually with each CLIENT, depending on the types of services and products chosen.
7.2. The CLIENT's failure to actually use the system access provided by the PROVIDER does not exempt the CLIENT from the obligation to pay the agreed price for the respective service(s).
7.3. Service visit charges are based on the NIK Electronics S.R.L. price list.
7.4. All amounts and fees owed by the CLIENT (including subscription fees) shall be paid to the PROVIDER into the bank account indicated by the PROVIDER, as follows: Bank account IBAN: RO75BACX0000001188513001 – RON; RO48BACX0000001188513002 – EUR, Bank: UniCredit Bulbank AD
7.5. All prices exclude VAT.
7.6. All costs related to the payment of due amounts (e.g., bank fees, currency conversion fees, etc.) are borne by the CLIENT.
7.7. The PROVIDER issues the invoice and sends it electronically to the email address provided by the CLIENT.
7.7.1. Payments must be made by the CLIENT within a previously agreed timeframe, which begins on the date the proforma invoice/invoice is sent to the email address provided by the CLIENT.
7.7.2. The PROVIDER is not liable for the non-receipt of the proforma invoice/invoice due to the CLIENT providing an incorrect email address.
7.7.3. Failure by the CLIENT to receive a paper invoice does not exempt them from the obligation to pay that has arisen.
7.8. The PROVIDER has the right to index its service prices once per year based on the official annual inflation rate for the previous year, as announced by the National Institute of Statistics, or by another value determined by the PROVIDER.
7.8.1. Indexed prices shall take effect starting January 1st of each calendar year.
7.9. In the event of the introduction of new legal requirements or state taxes that affect the production cost of the services, the PROVIDER may update prices with one month's notice.
V. DURATION
8. These GENERAL TERMS AND CONDITIONS are not time-limited and enter into force upon the date of acceptance of the offer by each CLIENT, including by making the first payment to the PROVIDER for the use of the respective service and/or product, and shall apply until the contractual relationship between the PROVIDER and the CLIENT is terminated and all of the CLIENT's obligations to the PROVIDER have been settled in full.
VI. TERMINATION OF CONTRACT
9. The contract shall terminate:
9.1. Upon the expiration of the contract term, provided it has not been extended. In the absence of express written consent from the USER to extend a fixed-term contract, upon its expiration, it shall automatically convert into an indefinite-term contract under the same conditions, with the USER having the right to terminate it with one month's notice, without penalty.
9.2. By mutual written agreement between the parties;
9.3. In the event of the death or dissolution of the CLIENT as a legal entity;
9.4. Unilaterally, with 7 (seven) days' written notice from the party fulfilling its obligations, in the event that the other party breaches the terms or requirements of the Contract, its addenda, or the General Terms and Conditions;
9.5. Unilaterally and without notice by the PROVIDER, in the event of the cessation of the CLIENT's business due to liquidation or the declaration of insolvency;
9.6. With one month's notice from either party.
VII. CLIENT RIGHTS AND OBLIGATIONS
10. The CLIENT has the following rights:
10.1. To use the services provided by the PROVIDER after paying the applicable fees.
10.2. To receive access rights (username and password) from the PROVIDER for managing the user profile(s) provided to them.
10.3. To change the password provided by the PROVIDER.
10.4. To benefit from paid subscription services, which include:
a) Updates to features related to the operation of the SOFTWARE;
b) Remediation of software errors;
c) Remote connection (via phone, email, or communication tools integrated into the SOFTWARE) with the "Software Support" team, during the working hours specified in point 12.7;
d) Responses to customer inquiries sent via email;
e) Assistance in the event of issues;
f) Up to 3 additional on-site visits by a PROVIDER employee within a single subscription period.
10.5. To make proposals/recommendations regarding new features, which may be included in future updates after being analyzed by the PROVIDER.
11. The CLIENT has the following obligations:
11.1. To immediately inform the PROVIDER of any technical issues or disruptions in the use of the service.
11.2. To immediately inform the PROVIDER of any circumstances involving changes to the data required for issuing invoices and other documents, as well as any changes to contact persons, registered address, and mailing address.
11.3. To pay the amounts due to the PROVIDER on time, in accordance with the issued invoices, and in case of delay, to bear the following negative consequences:
a) If the due fee(s) remain unpaid for 10 (ten) days from the invoice due date, the PROVIDER will make a phone call or send an email requesting payment of the outstanding amounts.
b) If the due fee(s) remain unpaid for 30 (thirty) days from the invoice due date, the CLIENT'S access to the PROVIDER'S system(s) will be suspended.
c) If the due fee(s) remain unpaid for 90 (ninety) days from the invoice due date, the client profile and all personal data contained therein may be deleted, and the PROVIDER will take the necessary legal and practical measures to recover the debts. Data deletion will be carried out after the PROVIDER has notified the CLIENT of this intention and granted a reasonable additional period for payment, in compliance with the rights of data subjects under Regulation (EU) 2016/679 (GDPR).
11.4. The CLIENT is obligated not to transfer their access credentials to third parties without the express written consent of the PROVIDER.
11.5. Process and store personal data obtained through the SOFTWARE only on the basis of a valid legal ground, in accordance with Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
VIII. RIGHTS AND OBLIGATIONS OF THE PROVIDER
12. The PROVIDER has the following obligations:
12.1. Provide access to the SOFTWARE that is the subject of the Agreement within 10 business days of the payment stipulated in the agreement or as agreed upon with the CLIENT.
12.2. Ensure uninterrupted use of the service, except in the following cases:
a) exceptional situations;
b) technical malfunctions;
c) internet connection interruption for reasons beyond the PROVIDER's control;
d) server downtime for reasons beyond the PROVIDER's control;
e) force majeure circumstances.
12.3. Remedy any malfunctions in the provided services as quickly as possible, within the limits of existing technical and operational capabilities.
12.4. Provide the CLIENT with contact telephone numbers in the event of malfunctions, complaints, or questions.
12.5. Not provide third parties with data regarding the client profiles used, except for persons designated by the CLIENT who use the service. Providing data to third parties shall only be carried out in the presence of a valid legal basis (e.g., legal obligation, performance of a contract, legitimate interest) and in accordance with the PROVIDER's Privacy Policy.
12.6. Employ qualified personnel to serve the CLIENT and to maintain the proper technical condition and quality of the provided service.
12.7. Provide technical support and telephone consultation between 08:30 and 18:00 on business days.
12.8. Inform the CLIENT in a timely manner if the website address for accessing the service changes.
12.9. Provide instructions for using the provided service in Bulgarian.
12.10. To retain the data received from the moment of their registration on the server, as follows:
a) for a period of at least 1 year for the FarmTrack service, except for the cases provided for in point 11.3.c and point 46.4 of these General Terms and Conditions;
b) for a period of at least 5 years for all other services, except for the cases provided for in point 11.3.c and point 46.4 of these General Terms and Conditions.
13. The PROVIDER has the following rights:
13.1. To receive payment for the provided service, in accordance with the terms of individual client contracts and these General Terms and Conditions.
13.2. To unilaterally modify the service fees and the fees for adding new devices to the CLIENT'S account, by notifying the CLIENT in writing at least 7 (seven) calendar days before the changes take effect. If the CLIENT does not agree with the changes, they have the right to terminate the contract without penalties within this period.
13.3. To cease the provision of the service(s) in the event of a payment delay exceeding 30 (thirty) days from the due date of the issued invoice.
13.4. To delete all data from the CLIENT'S account 90 (ninety) days after the due date of an unpaid invoice for the provision of the service(s).
13.5. To change the website address used to access the service.
13.6. To interrupt the service for technical or operational reasons, provided that the CLIENT is notified at least 24 (twenty-four) hours in advance of any planned maintenance work.
14. The PROVIDER declares that it holds the legal right to distribute the mentioned software products, including the right to grant usage and distribution rights to third parties.
15. The PROVIDER assumes no liability for any disputes arising between the CLIENT and third parties regarding information stored and distributed through the services provided by the PROVIDER.
16. The PROVIDER guarantees the ongoing confidentiality, integrity, availability, and resilience of the systems and services used for storing personal data.
IX. TRAINING
17. The PROVIDER offers the option of on-site or remote training, in accordance with the terms previously agreed upon regarding duration and payment.
17.1. The type and duration of the training are determined based on the service used by the CLIENT.
17.2. For the purposes of these General Terms and Conditions, training consists of a comprehensive presentation of the functionalities of the respective software module requested by the CLIENT, as well as a demonstration of how to use it.
X. NON-COMPLIANCE, LIABILITY, AND PENALTIES
18. In the event of late payment of amounts due, the CLIENT shall owe the PROVIDER compensation in the amount of the legal interest for late payment (equal to the base interest rate (BIR) announced by the National Bank of Romania, plus ten points), calculated on the value of the late payment for the period of delay.
19. If one party fails to fulfill an enforceable obligation, the other party is released from its corresponding reciprocal obligations for the duration of the defaulting party's non-performance.
20. Neither party shall be liable for failure to perform its obligations due to exceptional circumstances; military action or civil unrest; epidemics; government actions or omissions; earthquakes; fires; shortages of labor, materials, electricity, or communications; or other reasons beyond reasonable control, with the exception of the CLIENT'S obligation to pay for services rendered and/or goods delivered.
XI. WARRANTIES AND LIMITATION OF LIABILITY
21. The warranty for installed GPS equipment is valid only if a contract is signed by both parties.
22. The warranty period for GPS equipment is 24 (twenty-four) months from the date of its installation by the PROVIDER.
23. The PROVIDER also provides post-warranty support for equipment upon the CLIENT'S request, which shall be performed at the CLIENT'S expense.
24. Costs for on-site visits to provide post-warranty services shall be borne by the CLIENT, in accordance with the PROVIDER'S current price list.
25. The PROVIDER makes no commitments or warranties regarding products and/or services provided by third parties.
26. To the extent permitted by law and except as expressly stated in these terms, the PROVIDER disclaims all warranties and conditions, whether express, implied, and/or statutory, including, without limitation, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and the PROVIDER does not warrant that the products will operate securely or without interruption.
27. The PROVIDER shall not be liable for any direct, indirect, incidental, or consequential damages, including but not limited to damages resulting from loss of profits, goodwill, use, or other intangible losses arising from:
(a) the use or inability to use the software;
(b) the inability to use the software to access content or data;
(c) the cost of procuring substitute goods or services;
(d) unauthorized access to or alteration of the CLIENT'S messages or data; or (e) any other matters relating to the software.
28. The PROVIDER shall not be liable to the CLIENT in the event of:
28.1. Services are not provided or are provided with affected quality indicators due to periodic or occasional tests performed by the PROVIDER for the purpose of optimizing services, in compliance with these General Terms and Conditions;
28.2. The CLIENT has not fulfilled their financial obligation to the PROVIDER on time;
28.3. There is an inability to use electricity due to local issues with the power grid or resources outside the PROVIDER's power network, or the malfunction of the power grid, transport medium, or equipment between the PROVIDER and the CLIENT, through no fault of the former;
28.4. There is an inability to use the internet due to local issues with the internet network or resources outside the PROVIDER's network, or the malfunction of the internet network, transmission medium, or equipment between the PROVIDER and the CLIENT, through no fault of the former;
28.5. The CLIENT has not followed the instructions and requirements provided by the PROVIDER's employees.
29. The PROVIDER assumes no liability for any expenses or damages incurred by the CLIENT, whether incurred personally by the CLIENT or paid by the CLIENT to a third party, which may result from the non-functioning of the Software and/or as a result of equipment and/or Software failure, regardless of the reason.
29.1. The PROVIDER assumes no liability for damages caused by the CLIENT's inability to fulfill their obligations.
29.2. The PROVIDER assumes no liability for the inability to fulfill its obligations if such inability is caused by security measures or other measures that prevent access to the Software and services.
29.3. The PROVIDER assumes no liability for the loss of funds and/or commercial instruments contained in, extracted from, or associated with any part of the Software and/or services.
30. The total liability of the PROVIDER is limited and shall not exceed the amount paid by the CLIENT for the Software and/or service used in the twelve months preceding the event and/or the value of the delivered equipment that led to the CLIENT's claims.
XII. PERSONAL DATA
31. NIK BALKANS S.R.L. is a personal data controller registered in accordance with the Personal Data Protection Act. NIK BALKANS S.R.L. complies with the principles of personal data protection set forth in the General Data Protection Regulation (EU) 2016/679 and the legislation of the European Union and the Republic of Bulgaria.
32. Detailed information regarding the types of personal data that NIK BALKANS S.R.L. collects, processes, and stores, the purposes and principles of such collection, processing, and storage, the retention period for personal data, the parties to whom personal data is provided, the rights of CLIENTS whose personal data is processed, and the measures taken to protect personal data, etc., can be found in the Privacy Policies published at https://nik.ro/.
33. The PROVIDER undertakes to make every effort to protect personal data and not to disclose, sell, or make the personal data of its CLIENTS available to third parties, except when requested by a competent authority in accordance with legal requirements.
34. By providing personal data, the CLIENT confirms that they have provided their personal data voluntarily and gives their express consent for the collection, processing, storage, and provision of such data in accordance with applicable Bulgarian legislation and the General Data Protection Regulation (EU) 2016/679, when necessary to ensure the services provided, for accounting purposes, for establishing contact with the Client, and for sending notifications regarding the services provided by the PROVIDER.
35. When providing data, the CLIENT is obligated to provide complete and accurate information regarding their identity and other requested details. If the CLIENT provides inaccurate or incomplete data, the PROVIDER assumes no liability for any failure to fulfill its commitments.
36. The CLIENT is responsible for providing the personal data of other individuals. In the event of a dispute regarding the person obligated to comply with these General Terms and Conditions, the person who paid the price for the use of the service shall be considered the CLIENT.
37. In cases where personal data is processed for the purpose of fulfilling a specific task, the PROVIDER shall process such data only to the extent necessary to fulfill the PROVIDER's obligations, in accordance with these General Terms and Conditions.
38. THE PROVIDER has the right to send CUSTOMERS unsolicited commercial messages to ask questions, conduct surveys, or provide advertisements and information regarding its own goods and services or those offered by other merchants. Data may be used to send unsolicited commercial messages. By providing their data, the CUSTOMER consents to THE PROVIDER collecting other data about the CUSTOMER and end-users, such as IP address, time of visit, location from which the website was accessed, name and version of the web browser, operating system, and other parameters provided by the web browser used to access the website, as well as any other information. The collected data may be used by THE PROVIDER for statistical and market research purposes, as well as to improve the services offered to CUSTOMERS.
XIII. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
39. The Agrimi and FarmTrack programs, as well as their components and the Agrimi and FarmTrack trademarks, are the intellectual property of THE PROVIDER and/or third parties with whom THE PROVIDER has entered into an agreement granting it the right to distribute them to CUSTOMERS.
40. THE PROVIDER retains ownership of the software products, including the right to grant usage rights for the software to other CUSTOMERS.
41. Neither the CUSTOMER nor any other person may modify, disassemble, reverse engineer, decompile, adapt, gain unauthorized access to, supply, copy, reproduce, or otherwise alter the products and/or services provided by NIK BALKANS S.R.L.
42. In the event that the CUSTOMER or an affiliate thereof infringes the intellectual property rights of THE PROVIDER or the rights granted to THE PROVIDER by third parties, the CUSTOMER is obligated to pay THE PROVIDER a penalty equal to five times the purchase price of the respective product. This does not prevent THE PROVIDER from seeking additional damages if it has suffered greater losses.
XIV. CONFIDENTIALITY
43. The parties agree not to disclose confidential information.
44. Confidential information is any information related to the organization, business activity, financial and accounting data, customers, suppliers, equipment, personnel, inventory, source code, algorithms, infrastructure, technical specifications, architecture, databases, know-how, utility models, semiconductor topography rights, and rights to designs, drawings, diagrams, as well as any other information regarding the intellectual property rights of the parties, except for information that one of the parties has expressly designated as non-confidential, facts in the public domain, or information made public by a third party (e.g., through advertising, press releases, printed materials, or internet publications, etc.).
45. Each party undertakes not to disclose confidential information to third parties in any form and to ensure that its suppliers, employees, subcontractors, and collaborators comply with the same obligations for the duration of the contract, as well as for three years after the termination of the contractual relationship.
XV. PROMOTIONAL USE
46. For each of the products and/or services it offers, THE PROVIDER has the right, at its own discretion, to offer CUSTOMERS promotional terms for their free use for a specific period of time.
46.1. The free trial period for the respective products and/or services will be specified for each product and/or service individually.
46.2. THE PROVIDER reserves the right to modify at any time the package of features, products, services, and rights made available for free use.
46.3. The duration of the free trial period for products and/or services offered by the PROVIDER may vary depending on marketing campaigns.
46.4. After the expiration of the promotional terms offered by the PROVIDER for the free use of the respective products and/or services, if the CLIENT has not taken steps to switch to a paid version for the use of the respective product and/or services, access to them will be automatically deactivated, and the database created with all client data will be permanently deleted within 30 days of deactivation.
XVI. DATA ACCESS AND INTEROPERABILITY (DATA ACT)
47. This section governs the relationship between the PROVIDER and the CLIENT regarding access to data generated by connected products (e.g., FarmTrack GPS devices) and related services (Agrimi), in accordance with Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 ("Data Act").
48. The CLIENT has the right to easy, secure, and, by default, free access to the data generated by its connected products (agricultural machinery, sensors, and FarmTrack GPS devices), as well as the metadata necessary for their interpretation. The PROVIDER shall ensure this access directly and in real-time, whenever technically feasible. In cases where immediate access is not possible, the data shall be provided without undue delay following a written request from the CLIENT.
49. At the CLIENT's request, the PROVIDER, in its capacity as a "data holder," is required to provide the generated data to a third party indicated by the CLIENT (e.g., another software provider, an insurer, or a service center) under fair, reasonable, and non-discriminatory conditions. The provision shall be made in a structured, commonly used, and machine-readable format.
50. The CLIENT has the right to effectively switch to another data processing service provider. The PROVIDER undertakes to remove commercial, technical, and contractual obstacles that prevent such migration. The transfer of data to the new provider shall be carried out within a transition period of a maximum of 30 calendar days. In cases of excessive technical complexity, this period may be extended by up to 7 months, with the CLIENT being informed in a timely manner. The PROVIDER shall provide assistance to maintain the functional equivalence of the service at the new provider, to the extent technically feasible.
51. When exercising the rights provided for in this section, the PROVIDER shall take measures to protect trade secrets. Access may be restricted only if there is a serious risk of unauthorized disclosure of confidential information. The obtained data may not be used by the CLIENT or third parties to develop a product that directly competes with the products and services offered by the PROVIDER.
52. Requests for data access or data portability must be submitted in writing to the PROVIDER's registered office or via email, with the subject line "Data Access Request in accordance with the Data Regulation."
53. The PROVIDER, in its capacity as a data holder, is required to provide certain data to public authorities, institutions, or agencies upon request when they demonstrate an exceptional need to use such data (e.g., to prevent or respond to a public interest emergency or to fulfill a specific task in the public interest expressly provided for by law).
54. In the event of such a request, the PROVIDER undertakes:
a) to provide the data without undue delay;
b) to implement appropriate technical and organizational measures to protect confidentiality and trade secrets;
c) to inform the CLIENT as soon as possible regarding the request received and the data transmitted, unless expressly prohibited by applicable law (e.g., for reasons related to national security interests or a criminal investigation).
XVII. ADDRESSES AND CONTACT DETAILS FOR CORRESPONDENCE
55. The parties shall use the addresses and contact details specified in the Contract for all communications between them in the cases provided for in the Contract and these General Terms and Conditions.
55.1. All communications and notifications between the parties must be made in writing as a condition of validity. The written form requirement is satisfied when notifications are sent to the parties' addresses indicated in the Contract via registered mail with return receipt, courier services, fax, or email. Communications sent under these conditions shall be deemed validly received without requiring confirmation from the recipient.
55.2. If one party changes its address and/or contact person mentioned above and fails to inform the other party in writing within 24 (twenty-four) hours of the change, or refuses to receive a notification, or cannot be located at the address indicated in this Contract for any reason, communications sent to the address indicated in the Contract or the last declared address shall be deemed duly served and received by the recipient.
XVIII. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
56. The PROVIDER reserves the right to unilaterally amend and supplement these General Terms and Conditions, informing CLIENTS at least one month before the effective date of the changes via announcements published on its websites https://nik.ro, by sending individual notifications to the email address registered by the CLIENT, and/or through the information environment of the systems used by the CLIENT – Agrimi, FarmTrack.
56.1. The amended General Terms and Conditions remain applicable and continue to govern existing legal relationships.
56.2. The CLIENT is bound by the amendments to these General Terms and Conditions unless they inform the PROVIDER in writing, before the effective date, that they do not accept them.
56.3. If the CLIENT does not agree with the amendments made to the General Terms and Conditions, the PROVIDER may refuse access to the products and services provided.
56.4. In the event of disagreement with the amendments made to the General Terms and Conditions, either party has the right to terminate the contractual relationship by providing one month's written notice to the other party.
XIX. FINAL PROVISIONS
57. In the event of any discrepancies between the provisions of these General Terms and Conditions and individual contracts concluded, the terms of the relevant individual contract shall prevail.
58. The potential invalidity of any provision of these General Terms and Conditions shall not affect the validity of the remaining provisions and/or individual contracts concluded with clients.
59. All disputes arising from or in connection with these General Terms and Conditions, if they cannot be settled amicably between the PROVIDER and the CLIENT through negotiations, shall be submitted to the competent Bulgarian court.
60. Any matters not covered by these General Terms and Conditions regarding their execution and interpretation shall be governed by the laws of the Republic of Bulgaria.
