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Terms of Use for Providers

General terms and conditions for use of the platform by professionals

Date: 05.01.2022

Please read this document carefully before using the 3veta platform. It contains the terms and conditions for its use, which represent the contractual clauses between you as a recipient of information society services and us as a Provider of such services.

The 3veta platform is available at the following address: 3veta.com and includes all subdomains through which the system is used, incl. created personal websites.

I. General provisions

  1. These General Terms and Conditions regulate our relations with the Professionals who register in the Platform in order to provide their services to the End Users.
  2. The 3veta platform is owned by Threevita Ltd, a legal entity entered in the Commercial Register and the Register of Non-Profit Legal Entities with a Unique Identification Code (UIC): 205364700, with a registration number under the Value Added Tax Act: BG 205364700 and with registered office and address of management: Sofia, 66 Patriarch Evtimiy Blvd., ent. C, floor 1.
  3. The contact details of the Company are:
    • Address: Sofia, 1000, 66 Patriarch Evtimiy Blvd., ent. C, floor 1.
    • M: 0889201796
    • E: team@3veta.com
  4. In these Terms of Use we employ terminology with the following meaning:
    • The Platform (3veta, our services) – a web service that is designed to facilitate the interaction between persons providing services electronically (Professionals) and their customers (End Users), providing the opportunity:
      • for personal or group audio and video meetings, scheduling of online meetings, and for payment / receipt of payment electronically for the services provided by the Professionals;
      • to create an individual website and/or a booking page for each Professional, including providing hosting for the created website, as well as a personalized subdomain to the 3veta.com domain.
    • Provider of the services provided by the Platform (us, we) – Threevita Ltd.
    • End User – a natural or legal person who has registered in the Platform in order to be a recipient of a service provided through the Platform by a Professional or to use other services provided by the Platform.
    • Professional – a natural person acting in a commercial or professional capacity, or any legal entity that uses the Platform to provide End Users with services related to their commercial activity, business, craft or profession.
    • Registered profile (profile, personal profile) – an individual record in the information system through which the Platform functions, created for each person who wishes to use it. Creating an account allows the services provided by the Platform to be used and saves data on the way that person uses the Platform.

 

II. Subject

  1. The Provider grants the Professional the right to use the 3veta software Platform for conducting video meetings, incl. scheduling meetings, the possibility to receive payment electronically and to create and publish their own website and/or booking page, according to the conditions set out in this contract.
  2. The conditions for participation in meetings, the subject and the price of the service provided through the Platform are agreed between the Professional and the End User. The Platform Provider is not a party to the contract between the Professional and the End User.

 

III. Features of the platform

  1. The 3veta platform includes the following functionalities, through which the Professional can provide services to their End Users:
    • Ability to create and manage a registered profile.
    • Ability to create an appointment with one or more End Users.
    • Ability to create an invitation to the End User.
    • Ability to create a linked account in the electronic payment Platform Stripe, in order to receive payments from End Users through the above Platform.
    • Ability to make a video and audio connection (including features such as a shared screen and messaging between participants) with a number of End Users.
    • Ability to save information about past and future events created by the Professional.
  2. The Platform provides the Professional with the opportunity to create an individual website and/or a booking page, including providing hosting for the created website, as well as a personalized subdomain to the 3veta.com domain. The personalized website service provided by the Provider to the Professional includes the following:
    • Providing opportunities for publishing and content management, by creating and maintaining a website with ready-made tools for personalization (ready-made templates, images), as well as for entering own content, incl. images.
    • The booking page and/or website created through the Platform contains information about the Professional, information about the services provided, incl. price and duration of the service and available hours, as well as a form for contact with the Professional.
    • The Professional has the opportunity to publish or restrict access to their personal website and/or booking page independently and at any time.
    • The Professional has the opportunity to choose the name of their personalized subdomain. When the chosen name does not comply with the law or good manners or a term of general meaning is used, the Provider may unilaterally and at any time change the name determined by the Professional.
    • As part of the use of the service, a personal domain of the Professional is not registered.
  3. The services under item 7 and item 8 can be used independently.
  4. Some of the services provided by the Platform can also be obtained through the 3veta mobile application. The terms and conditions for its use are contained in Terms of use of the mobile application ‘3veta’.

 

IV. Provision of services through the platform

  1. In order to use the Platform, the Professional creates a registered profile on the website of the Provider.
  2. The registration of a Professional is performed by an able person who has the right to represent the Professional, including to accept these Terms and to perform actions related to the use of the services provided through the Platform. The existence of representative power is not checked by the Provider.
  3. The registration form available on the Platform for Professionals is used for registration and it is necessary to provide an e-mail. Registration with a specific e-mail is only possible once, regardless of whether you are registering as an End User or as a Professional. Once registered, an e-mail cannot be changed on your own.
  4. To create a registered account, it is necessary to confirm the provided email and accept these Terms.
  5. The selection of the “Registration” button and the confirmation of the registration e-mail are electronic statements for concluding a contract between the Provider and the Professional.
  6. After confirming the e-mail, the Provider sends a message to create a registered account, which confirms the receipt of a statement of the Professional for the conclusion of the contract.
  7. In order to receive payments for the services provided to the End Users, the Professional must register in the electronic payment Platform Stripe. With the registration a separate contract is concluded between the Professional and Stripe Payments Europe, Ltd. The conditions for concluding the contract are determined by Stripe Payments Europe, Ltd. in the general terms and conditions applicable to the Professional according to the country in which the Professional carries out their commercial activity. In order to create a connected profile by a Professional carrying out their activity in the Republic of Bulgaria, it is necessary for the latter to be a trader registered in the commercial register and the register of non-profit legal entities.
  8. The invitation for the meeting is sent in an manner agreed between the Professional and the End Users.

 

V. Rights and obligations of the parties when using the platform

  1. The Provider provides the Professional with access to the Platform with the functionalities according to the selected plan, and the Professional should use it, adhering to the following rules and principles of use:
    • The Professional has the right to use the Platform in good faith and in compliance with The policy for acceptable use of the 3veta Platform.
    • The Professional independently provides the equipment for access and use of the Platform.
  2. In the event of a deviation from use in accordance with these General Terms and Conditions, the Provider has the right to temporarily or permanently limit or terminate the provision of services through the Platform to Professionals who do not abide to the above Terms.
  3. In order to improve the quality of the services provided through the Platform, when performing prevention, troubleshooting and other related activities, the Provider has the right to temporarily limit or suspend the provision of services.
  4. In case of temporary restriction of the access to the Platform, the Provider is obliged to notify the Professional in advance (if possible) and to resume the provision of the services in due time after the circumstance, which is the reason for the termination, disappears.
  5. The Provider may terminate or suspend the provision of services through the Platform if it finds that there is or is a risk of violation of the security of the system, the rights and interests of the Provider or third parties, in violation of the General Terms or the Law by a Professional, in which case the Provider shall not be liable for loss of data of the Professional or other damages.

 

VI. Price and terms of payment

  1. The Professional does not owe a fee for creating a registered account, for creating a personal website, for using the mobile application, for saving the data on the provided and upcoming services to the End Users.
  2. The Professional pays the Provider a fee for using the Platform to hold a meeting with the End User in an amount determined depending on the plan chosen by the Professional, except when the meeting is free for the End User.
  3. The remuneration due to the Provider may include a fixed fee and a commission deducted from the payment by the End User or only a commission deducted from the payment by the End User, according to the terms of the selected plan.
  4. Information about the various plans is available at: 3veta.com/pricing.

 

VII. Protection of personal data

  1. The Provider shall take adequate measures to protect the personal data of the Professional and the End Users in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free movement of such data and repealing Directive 95/46 / EC (GDPR) and the Personal Data Protection Act.
  2. The Provider publishes the information about the personal data that it processes and the purposes for which it is processed, as well as all the information required by law at 3veta.com/privacy-notice.
  3. When providing the service by the Professional by establishing a video and audio connection, as well as when creating a personal website or booking page, the Professional processes personal data of the End Users as an independent administrator, and the Provider – as a processor. With regard to the exchanges through video and audio connection and through the exchange of messages between the Professional and the End User, the Provider processes the data only for the purposes of the transmission of the messages. The connection between the Professional and the End User during the meeting is encrypted and the Provider does not access the data exchanged during the meeting. The conditions for data processing as a processor are described in the Agreement on personal data processing between the controller and the processor,
  4. The Professional is obliged to independently ensure compliance with the requirements for personal data protection in their activities, incl. notifying the data subjects of the processing activities and declaring that they have taken the necessary actions to ensure compliance.
  5. Within one month from the termination of the contract concluded in accordance with these General Terms and Conditions, the Professional has the right to request the retrieval of the data contained in their account in the Platform.
  6. After the termination of the registration, the Provider saves certain data, which it processes as an independent administrator. Such data are:
    • Information about the acceptance of these Terms is kept for a period of 5 years from the termination of registration, so that we can protect ourselves in case of disputes.
    • Information about the services provided through the Platform (list of meetings, End End Users, date, price received for each meeting) – for 5 years from the termination of registration.
  7. The termination of the contract with the Professional and the anonymization of the data does not affect the personal data related to the End Users, which the Provider processes on its own basis as an independent data controller.

 

VIII. Intellectual property rights

  1. The entire content of the Platform is the exclusive property of the Provider and its use under any and all forms without an explicit permit is forbidden.
  2. When creating a Website through the Platform, the Professional does not acquire the right of ownership over the object of intellectual property of the Provider. The Provider does not acquire the right of ownership over the objects of intellectual property of the Professional, when he uses and publishes on the website created through the Platform.
  3. The Professional has the right to use the objects of the intellectual property of the Provider, related to the services provided by the Platform, under the present general terms and conditions.
  4. In case of violation of the rights of the intellectual property of the Provider, the latter has the right to compensation in full for the damages caused by the Professional.

 

IX. Responsibility

  1. The Provider shall be liable for damages and lost profits that have occurred as a result of use or inability to use the Platform, when they are the result of intentional actions or acts of gross negligence committed by the Provider.
  2. The Provider SHALL NOT be liable in case of impossibility to ensure the functioning of the Platform during a certain period of time due to force majeure, accidental events, technical or other objective reasons, including actions of the competent state authorities.
  3. The Provider is not responsible for the activities of the Professional when using the Platform, incl. for damages caused by the Professional to third parties.
  4. The Professional undertakes to indemnify and release from liability the Provider in case of lawsuits and other claims of third parties (regardless of whether they are substantial or not), for all damages and costs (including attorney fees or court taxes), arising out of or in connection with:
    • Non-fulfillment of any of the obligations under this contract;
    • Violation of copyright or other rights in intellectual or industrial property;
    • Unlawful transfer to other persons of the rights, provided to the User, under this contract and its terms;
    • Implementation of commercial activity through the Platform in violation of the applicable legislation.
  5. The Provider is not responsible in case of providing access to information, loss or change of data or parameters of the Platform, which has occurred as a result of false identification of a third party who presents themselves as the Professional, if based on the circumstances it can be judged that this person is the Professional
  6. The Provider is not responsible for the content published by the Professional on the website created through the Platform, as it does not manage and own this content.
  7. In all cases, the liability of the Provider in connection with the services provided by the Platform is limited to the amount of the price paid by the Professional for the respective service, unless otherwise provided by applicable law.

 

X. Penalties

  1. The provisions of this section apply when the plan selected by the Professional includes a fixed fee.
  2. In the event that the Professional terminates the contract concluded under these General Terms and Conditions ahead of time, the Professional shall owe the Provider a penalty in the amount of the due remuneration for the remaining period of the Contract.
  3. If the Provider has received the full amount for the term of the contract, the remuneration paid by the Professional shall be accepted as compensation to the Provider for early termination of the contract.
  4. In case the contract concluded under these General Terms and Conditions is unilaterally terminated by the Provider due to culpable failure to fulfill the obligations of the Professional under these Terms, the latter owes the Provider a penalty of the amount of remuneration due for the remaining period of the contract.
  5.  In case of culpable non-fulfillment of the obligations of the Provider according to the present Terms, the Professional is entitled to a penalty in the amount of the due remuneration for the remaining period of the contract.

 

XI. Termination

  1. This contract is terminated:
    • With one month’s notice by either party. When the selected plan includes a fixed fee, in case of early termination the penalties provided for in these General Terms and Conditions are due.
    • Unilaterally without notice from the party in good standing, in case of culpable non-compliance with these General Terms and Conditions by either party.
    • In case of a request for termination by a competent state body – immediately after receiving the request.
    • Upon termination and declaration of liquidation or declaration of bankruptcy of one of the parties to the contract;
    • In case of objective impossibility of any of the parties to the contract to perform their obligations.

 

XII. Change and access to the general terms and conditions

  1. The current general terms and conditions may be changed by the Provider, for which the latter will send a notification in an appropriate manner to all Professionals.
  2. The Provider and the Professional agree that any addition or amendment to these general terms and conditions will have effect on the Professional upon notification, and on the Professional if they do not object within  7 days of the notification.
  3.  The Professional agrees that all statements of the Provider regarding the changes to these general Terms and Conditions will be sent to the e-mail address provided by the Professional when registering with the Platform.
  4. The general Terms and Conditions are available on the website of the Provider.

 

XIII. OTHER TERMS

  1. The Professional and the Provider are obliged, during and after the expiration of the contract, period not to make public any written or oral correspondence between them. The publication of correspondence in print and electronic media, Internet forums, personal or public websites, etc. can be considered public.
  2. The Professional and the Provider agree that electronic statements to the other party made through the Platform and / or by e-mail, which are signed with a simple electronic signature, are considered signed with a handwritten signature.
  3. In case of conflict between these general terms and conditions in a special contract between the Provider and the Professional, the provisions of the special contract shall prevail.
  4. All disputes arising out of or relating to these General Terms and Conditions, if they cannot be settled by the Provider and the Professional through negotiations, will be settled by the competent court in accordance with the applicable law.
  5. The laws of the Republic of Bulgaria shall apply to the issues not settled in this contract, related to the implementation and interpretation of these General Terms and Conditions.
  6. The contract is concluded in the language chosen by the Professional upon access to the Platform.