Terms and conditions
GENERAL CONDITIONS FOR ACCESS TO THE INFORMATION DATABASE OF BTA
І. GENERAL DISPOSITIONS
1.1. The present GENERAL CONDITIONS establish the procedure and terms for the provision of access to the information database of the Bulgarian News Agency (BTA).
1.2. According to the Bulgarian News Agency Act, the Agency, in its capacity as a national news organisation, shall provide news products from its database which constitute exclusive intellectual property thereof.
1.3. The news products of BTA enjoy legal protection under the Copyright and Neighbouring Rights Act and shall be provided only through lawful access to the database. BTA shall enable the reception and use of such products only subject to an individual contract concluded therewith in writing.
1.4. No one may use, distribute and retransmit any material of the news products of BTA or any parts or excerpts thereof whatsoever without the express written permission of BTA.
1.5. Lawful access to the BTA information database shall be obtained after signing an express written contract.
ІІ. GENERAL CONDITIONS: SUBJECT
2.1. BTA shall enable SUBSCRIBERS only to access the BTA information database by electronic means and in consideration of payment pursuant to a written contract signed by the parties and the present GENERAL CONDITIONS, which shall constitute an integral part of each contract.
2.2. With the access, BTA shall grant SUBSCRIBER the right to receive and review; a non-exclusive right to use items from the sections in the BTA information database specified in the contract. SUBSCRIBER shall be granted the right to reproduce, in whole and/or in part, stories, dispatches, reports, interviews, analyses, photographs, videos and other such under the terms established by the present GENERAL CONDITIONS which shall constitute an integral part of the individual contracts.
2.3. The point/points and the number of workstations whereat BTA shall enable SUBSCRIBER to lawfully access the BTA information database shall be detailed in the individual contract signed by the parties.
2.4. BTA shall grant SUBSCRIBER the right to use and publish parts of the BTA information database solely and exclusively in the print and/or electronic publications, radio and/or television programmes and other such detailed exhaustively in the contract. Access to the database shall apply solely and exclusively to such expressly mentioned publications.
ІІІ. PRICES AND MODE OF PAYMENT
3.1. The price whereat SUBSCRIBER shall access and use the information database shall be agreed in the individual contract between the parties.
3.1.1. Upon payment of monthly subscription, SUBSCRIBER shall have the right to access all files in the BTA information database that such SUBSCRIBER has contracted with BTA.
3.1.2. SUBSCRIBER shall be have the right to access the full BTA Photo and Video Service upon payment for photographs/videos per item but shall pay BTA only the price of the files actually retrieved from the Photo and Video Service, according to the contract.
- BTA shall consider the file (photograph/video) retrieved at the moment at which SUBSCRIBER opens any such file or saves any such file directly on an electronic data medium.
- BTA shall enable SUBSCRIBER to receive information on the number of files (photographs/videos) actually retrieved theretofore at any time at no charge.
- Within 48 (forty-eight) hours from the receipt of the bill for the files retrieved, SUBSCRIBER shall have the right to raise a reasoned objection in writing, requesting an itemised record of all files retrieved during the period concerned.
3.2. Prices shall be paid within the following time limits:
3.2.1. Prices per month shall be paid by the 10th (tenth) day of the current month, the sum being non-refundable to SUBSCRIBER regardless of whether said SUBSCRIBER has used the respective item from the BTA information database;
3.2.2. Prices per file (photograph) shall be paid according to the actual number of files (photographs) retrieved not later that the 10th (tenth) day of the succeeding month.
3.3. SUBSCRIBER shall pay the prices by means of a transfer to the BTA bank account expressly indicated in the contract signed by the parties. The costs of the bank transfer shall be borne by SUBSCRIBER.
3.4. The prices referred to in Clause 3.1. shall apply for the term of the contract. Where the tenth day of the month is a non-working day, payment shall be effected on the first working day thereafter at the latest.
3.5. BTA shall have the right to modify and adjust the prices referred to in Clause 3.1. by up to 10% (ten per cent) regardless of the conditions under the contract, effective from the beginning of each succeeding financial year, after sending SUBSCRIBER a three months’ written warning. In such case, if SUBSCRIBER disagrees with any such modification and adjustment, said SUBSCRIBER shall have the right to terminate the contract with effect from the date of alteration of the prices. In case SUBSCRIBER wishes to terminate the contract, said SUBSCRIBER hereby undertakes to inform BTA within 7 (seven) days from the date of receipt of the warning.
3.6. The prices of the BTA news products shall be fixed in the contract with SUBSCRIBER in Bulgarian lev terms or as the lev equivalent of a foreign currency, translated according to the official exchange rate of the Bulgarian National Bank by the day on which the payment is effected.
ІV. TERM OF CONTRACT
4.1. The period of validity of an individual written contract between the parties (BTA and SUBSCRIBER) shall be fixed in said contract.
4.2. The contract shall be automatically extended for a further period of the same duration as the initial term indicated therein, provided that neither party objects in writing by giving the other party a notice of at least 3 (three) months prior to the expiry of said contract.
V. RIGHTS AND OBLIGATIONS OF PARTIES
5.1. RIGHTS AND OBLIAGTIONS OF BTA
5.1.1. Rights and obligations of BTA relating to technical support:
5.1.1.1. BTA shall grant SUBSCRIBER a non-transferable right to use a password for access to the BTA information database. SUBSCRIBER shall not have the right to make said password available in any form whatsoever to third parties.
5.1.1.2. For the purpose of ensuring the security of access to the database, BTA reserves the right to change the access password of SUBSCRIBER, informing SUBSCRIBER of this in writing.
5.1.2. Rights and obligations of BTA relating to intellectual property:
5.1.2.1. BTA reserves all intellectual property rights to the content of the information database thereof and, to this end:
(A) BTA hereby prohibits any PERSONS who have not been provided with lawful access to database and who are not SUBSCRIBERS of BTA:
- from publishing any part whatsoever of the freely accessible content of BTA and/or the paid-access sections;
- from retrieving, by means of a permanent or temporary transfer of the content of the database or any part thereof to another data medium by any means whatsoever or in any form whatsoever;
- from disclosing the content or any part thereof in any form whatsoever, including by distributing copies or making said content or part available by digital or electronic means;
- from retrieving and disclosing, in any form and by any means whatsoever, any part of the content of the BTA database, regardless of whether any such part is material and/or immaterial in terms of quantity and/or quality.
(B) BTA hereby prohibits SUBSCRIBERS from publishing, retrieving or temporarily transferring and disclosing more than 15% of the content of the information database, as well as from archiving said database for a period exceeding the period specified in these GENERAL CONDITIONS.
5.1.2.2. BTA hereby undertakes to provide true and unbiased information.
5.2. RIGHTS AND OBLIGATIONS OF SUBSCRIBER
5.2.1. Rights and obligations of SUBSCRIBER relating to technical support:
5.2.1.1. SUBSCRIBER shall have the right to change the e-mail whereby said SUBSCRIBER accesses the BTA information database after giving BTA an advance notice in writing. Failing this, BTA shall not be held liable for the inability of SUBSCRIBER to access the information database.
5.2.1.2. Where, for technical or other reasons through no fault of its own, BTA is compelled to provide information from the information database thereof by means other than the electronic means as agreed, SUBSCRIBER hereby undertakes to pay for the delivery at the actual price with the first payment following said delivery.
5.2.1.3. SUBSCRIBER hereby undertakes, at the request of BTA, to upgrade and/or modify the hardware and/or software of SUBSCRIBER for the purpose of maintaining compatibility with the facilities and/or computer programs of BTA. In case SUBSCRIBER fails to effect the requested improvements within 3 (three) months, BTA shall not guarantee access to the BTA information database.
5.2.1.4. SUBSCRIBER hereby undertakes to ensure, at SUBSCRIBER’S own expense, the technical conditions, including the requisite lines, for access to the BTA information database.
5.2.1.5. SUBSCRIBER may not hold BTA liable for any possible delay or non-reception of information from the information database where this occurs for any reasons beyond the control of BTA.
5.2.2. Rights and obligations of SUBSCRIBER relating to intellectual property:
5.2.2.1. SUBSCRIBER shall have the right to lawful access to the BTA information database in consideration of the price under the contract, as well as the right to single use by reproducing part of the database and to distribute said part only in the publications, media and other such specified in the contract, solely and exclusively within the territory of the Republic of Bulgaria.
5.2.2.2. SUBSCRIBER hereby undertakes to use any item from the BTA information database in conformity with the statutory instruments in force in
5.2.2.3. SUBSCRIBER hereby undertakes not to alter the meaning of the used excerpts of information from the BTA information database. Under no circumstances SUBSCRIBER shall have the right to alter the facts, content or tenor of said information in form, spirit or any other manner that distorts the essence of the information from the BTA information database.
5.2.2.4. SUBSCRIBER hereby undertakes not to change, alter, edit or modify the material of the Agency in a way that will discredit BTA, will infringe the copyrights of BTA, and/or will distort the content resulting in a libellous or defamatory statement.
5.2.2.5. SUBSCRIBER hereby undertakes not to pass any parts of the BTA information database or separate excerpts to third parties in and/or outside
5.2.2.6. SUBSCRIBER shall have the right to store information from the BTA information database for a period of 1 (one) week, applicable to texts, and 2 (two) weeks, applicable to videos and photographs, reckoned from the date of reception thereof, and to use such items on a single occasion in the print and/or electronic publications thereof. At the end of the period of storage, SUBSCRIBER hereby undertakes to remove the stored content of the BTA news products from any kind of data storage mediums.
5.2.2.7. SUBSCRIBER hereby undertakes to afford BTA access, upon request, to any location whatsoever where said SUBSCRIBER stores information content from the BTA information database, as well as to furnish any proof requested by BTA that SUBSCRIBER respects the authorised time limit for storage under this clause of the GENERAL CONDITIONS.
5.2.2.8. SUBSCRIBER hereby undertakes to credit BTA as a source upon use of any item or of any part of an item which said SUBSCRIBER has received according to the contract. In case BTA credits a source of an item, SUBSCRIBER hereby undertakes to credit said source as well.
5.2.2.9. SUBSCRIBER hereby undertakes to respect any restrictions, including all types of embargo, expressly stated by BTA, on the distribution of an item and/or part of an item received from BTA.
5.2.2.10. Any SUBSCRIBERS who use news products without having lawful access to the BTA database shall incur penalties according to the BTA Price Schedule.
VІ. PENALTIES, DAMAGES, LIABILITY
6.1. Should the time limit for payment of the prices under the contract be exceeded by more than 3 (three) working days, SUBSCRIBER shall owe damages at the rate of 1 (one) per cent of the sums due for each day by which the time limit concerned is exceeded.
6.2. Without prejudice to the damages referred to in Clause 6.1. of the GENERAL CONDITIONS, BTA shall have the right to suspend the access of SUBSCRIBER to the BTA database upon default of the payment of the sums due after the lapse of 7 days from the time limit under the contract. Accessibility to the BTA information database shall be restored within 3 (three) working days from the receipt of the sums due, together with the damages referred to in Clause 6.1., in the bank account of BTA.
6.3. SUBSCRIBER shall owe damages at the rate of 200 per cent of the monthly price for the respective level of access to the BTA information database according to the contract and the GENERAL CONDITIONS where SUBSCRIBER makes available the personal password thereof for access to the BTA information database and/or suffers a third party to learn and/or use said password.
6.4. Upon use of any news products which are not mentioned in the contract, SUBSCRIBERS shall incur penalties under the BTA Price Schedule, the penalty being BGN 200 (two hundred leva) exclusive of VAT for 1 (one) photograph and BGN 150 (one hundred and fifty leva) for a text item upon a first infringement. Upon a second and any further infringement, BTA hereby reserves the right to increase the penalty by up to 900% (nine hundred per cent) for each infringement, without prejudice to the penalties and damages referred to in Clause 6.4 of these GENERAL CONDITIONS.
6.5. Should SUBSCRIBER store information from the BTA database for any period exceeding the periods referred to in Clause 5.2.2.6., said SUBSCRIBER shall assume full liability and hereby undertakes to indemnify BTA and hold BTA harmless from and against any claim, action, damage, costs and expenses arising from, or relating to, any actions brought or cases instituted by a third party.
6.6. Upon failure of SUBSCRIBER to credit BTA according to Clause 5.2.2.8., SUBSCRIBER shall incur a separate penalty amounting to BGN 50 exclusive of VAT for each specific case.
6.7. In case SUBSCRIBER violates the obligations thereof under Clauses 5.2.2.3., 5.2.2.4. and 5.2.2.8. of these GENERAL CONDITIONS and, as a result of this, BTA sustains any material or non-material damage or loss or diminished gain to be expected in the future, SUBSCRIBER shall be obliged to provide pecuniary compensation for any such damage or loss in a double amount, without prejudice to the damages due, and hereby undertakes to indemnify the third party who sustained any damage as a result of the act concerned.
6.8. For all other infringements which are not expressly mentioned in the GENERAL CONDITIONS, compensation shall be due under the standard procedure, in conformity with the legislation in force.
6.9. In case SUBSCRIBER terminates the contract with BTA unilaterally, except in the cases referred to in Clause 3.5. of the GENERAL CONDITIONS, while failing to comply with the 3 (three) months’ notice period, said SUBSCRIBER shall owe BTA compensation for the time of failed compliance with said notice period.
6.10. Any persons who have not been provided with lawful access to the BTA database shall incur penalties according to the BTA Price Schedule as follows:
- upon a first infringement, the minimum penalty shall be BGN 200 exclusive of VAT for 1 (one) photograph and BGN 150 for a text item;
- the penalty shall be imposed regardless of whether a part of the freely accessible content of BTA or the paid-access sections has been published.
VІІ. DISCLAIMER
Disclaimer of BTA:
7.1. BTA shall not be held liable in case the BTA information database is not compatible, in part or in whole, with the hardware and/or software of SUBSCRIBER.
7.2. BTA shall not be held liable in case the information database and items and/or any separate excerpts thereof are lost or damaged owing to the connection of the software and/or hardware of SUBSCRIBER with any systems, programs or facilities which are not supplied by BTA.
7.3. BTA shall not be held liable for access to the information database upon delay of access, mistransmission or failed transmission of items due to a failure of the transmission and/or reception facilities, force majeure, or any other reasons beyond the control of BTA.
7.4. BTA shall not be held liable for the content of any material which quotes an expressly named source: another medium, an institution, a specific person, a group of persons and other such.
Disclaimer of SUBSCRIBER:
7.5. SUBSCRIBER shall not be held liable for the content of any material in the cases referred to in Clause 7.4.
VІІІ. TERMINATION OF CONTRACT
8.1. The effect of the contract may be terminated by SUBSCRIBER on three months’ notice in writing under the terms established by Clause 6.6. of the GENERAL CONDITIONS, who shall thereby also undertake to pay damages at the rate of 10% of each monthly instalment for the period of use of the BTA database.
8.2. The effect of the contract may be terminated without notice:
8.2.1. by mutual agreement between the parties;
8.2.2. upon the dissolution or adjudication in bankruptcy of SUBSCRIBER if a legal person or, respectively, upon the death or interdiction of SUBSCRIBER if a natural person;
8.2.3. On the part of BTA, without such termination excusing SUBSCRIBER from the obligation to pay the damages under Section VІ of the GENERAL CONDITIONS in the following cases where:
8.2.3.1. SUBSCRIBER fails to pay the price due according to the contract or, respectively, the damages for exceeding the time limits for payment, within 30 (thirty) calendar days from the expiry of the time limits for payment under the contract;
8.2.3.2. SUBSCRIBER infringes the obligations thereof under any of the hypotheses of Clause 5.2.2. of these GENERAL CONDITIONS.
8.2.4. On the part of SUBSCRIBER in the following cases where:
8.2.4.1. BTА modifies the prices without sending a three months’ warning, in which case SUBSCRIBER shall have the right to terminate the contract with effect from the date of alteration of the prices.
8.3. Upon termination of the contract, irrespective of the grounds, SUBSCRIBER shall be obliged forthwith to remove entirely the stored BTA items from any kind of data storage mediums.
8.4. Upon termination of the contract, irrespective of the grounds, BTA hereby reserves the right of access to any location whatsoever where SUBSCRIBER has stored content of BTA items, as well as the right to request any proof that SUBSCRIBER does not store any items from the BTA information database after the termination of the contract.
ІХ. SUPPLEMENTARY CONDITIONS
9.1. All communications in connection with the GENERAL CONDITIONS for the provision of access to the BTA information database shall be transmitted by the parties by telefax, electronic mail, by registered post (with an addressee’s acknowledgement of receipt), or shall be delivered in person, with the parties indicating mailing addresses and contact persons in the contract.
9.2. The parties hereby agree not to disclose any information about the clauses of the contract and the GENERAL CONDITIONS, or any information received from the other party in connection with the conclusion and/or performance of said contract, except with the express prior consent of both parties.
9.3. None of the parties to the contract and the GENERAL CONDITIONS may transfer any rights and/or obligations thereunder without the express prior written consent of the other party.
9.4. In case any clause of the contract and the GENERAL CONDITIONS is held invalid, such invalidation shall not affect the validity of the remaining clauses in the contract.
9.5. All disputes between the parties to the contract shall be settled amicably, and if the parties fail to reach an amicable settlement, any such disputes shall be referred to the relevant court of natural jurisdiction in the City of
9.6. The provisions of the Commerce Act, the Obligations and Contracts Act, the Copyright and Neighbouring Rights Act and the other statutory instruments in force shall apply to all matters that are not regulated in the contract.
9.7. The contract between the parties may be amended only by an additional agreement in writing between the two parties.
9.8. The contract shall be drawn up and signed in two identical copies: one copy for each of the two parties thereto.
9.9. The present General Conditions shall constitute an integral part of the contract as concluded by the parties.
The present General Conditions were adopted on 1 December 2016 and shall take effect as from 1 January 2017.
ENDORSED BY:
MAXIM MINCHEV
DIRECTOR GENERAL
Drafted by: lawyer Roberta Ferri
Legal Department
Cleared by:
Diko Prodanov
BTA jurisconsult