Auxionize AD is administrating a B2B trading Platform under the domain name domain name (“the Platform”), of which it is the sole owner.
These Terms of use represent a binding agreement between Auxionize AD (A joined-stock company, registered in Sofia, Bulgaria, under company number 203556634) and the User of the Platform, administered by Auxionize AD.
All services provided by the Platform comply with the Business-to-business model, meaning that the Platform cannot be used by natural persons (individuals) acting outside the scope of an economic activity (trade, business, craft, liberal profession).
Before engaging with the Platform, the Client can and is recommended to familiarize themself with the guiding information and video tutorials, provided by the Administrator of the Platform.
As a User, your agreement to comply with and be bound by these Terms of use is deemed to occur upon your first use of the Platform.
Registration on the Platform as a Client requires an explicit confirmation that the Client has read and agreed to the Terms of use and all supplementary documentation mentioned below as integral parts of the Agreement, including but not limited to our Membership plan options and our Privacy and Cookies Policy.
If you are entering into this agreement on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that you have made your employer familiar with these Terms of use and are operating within the scope of their consent.
Auxionize AD may change these terms and conditions without notice, and the Users/Client agrees to be bound by such changes. It is the responsibility of Users/Client to check these Terms of use regularly for any changes.
Unless the context requires otherwise, the capitalized terms in these Terms of use shall be defined as follows:
“Platform” shall mean an online marketplace, that allows for Buyers and Seller to meet, make offers, and conclude contracts, located at “…/domain/…” and its subdomains;
“Administrator” shall mean Auxionize AD (“Auxionize”, “we”), which is administrating the Platform, providing and supporting its informational resources and functionalities;
“User” shall mean any physical person, who accesses and makes use of the resources, located at “…/domain/…”;
“Client” means the legal entity or the self-employed person, on behalf of whom a Company account is created and operated.
Where the case, words importing the singular number only shall include the plural and vice versa. Words importing the masculine gender shall include the feminine and neuter genders and vice versa. Words importing persons shall include individuals, partnerships, associations, trusts, unincorporated organizations and companies and vice versa.
Use of the Platform, exceeding the provided informational resources, requires registration.
You can access the Platform’s functionalities as a Buyer or as a Seller, depending on what type or Membership you choose to obtain. A single company can purchase both types of Memberships plans and operate within their respective limits.
When registering, you can either create a Company account or an Employee account and join an existing Company account. You will first be asked to identify yourself. (To see how we administer your Personal data, please visit our Privacy and Cookie policy)
Registering a company requires information to identify the legal entity. The Platform also allows for self-employed persons to create and operate a Company account.
By creating the Company account, you warrant that you have the sufficient representative power to legally bind the Client for the purposes of using the Platform and to the extent outlined in these Terms of use. Until and unless the Platform is made aware of the contrary (in written notification), all actions undertaken on behalf of the Client are considered valid. However, notifying the Administrator will not automatically nullify all previous actions made by the company representative (ostensible agent). Previous engagements made by the ostensible agent will remain valid in accordance with the provisions of the Bulgarian legislation.
The Client is solely responsible for the truthfulness and accuracy of the information provided on their Company page and updates it accordingly when necessary.
By creating the Company account the Client further warrants that they have the right to carry out commercial activity within the framework of the Platform, have acquired all necessary licences and/or permits, and no restrictions apply to them, including but not limited to embargoes, international sanctions and other restrictions that objectively impede the possibility of concluding contracts, and will in good faith complete all obligation arising from contracts, concluded through the Platform in his capacity of a Buyer or a Seller.
If a Company account already exists, its employees can create Employee accounts, which will be subject to approval by the Client. Each Membership plan provides a limited amount of employee accounts that can be created/approved.
By approving the request, the Client confirms the affiliation of the employee and authorizes them to enter into legally binding agreements on behalf of the Client to the extent of the functionalities of the Platform.
The Client (its representative), as well as the owners of the Employee accounts are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and to the extent permitted by applicable law agree to accept responsibility for all activities that occur under the Company/Employee account or password. In case of breach of login details (account and password) the Client must immediately notify the Administrator, so that timely measures can be taken to secure the account. Notifying the Administrator will not automatically nullify all previous actions made by the breached account.
Neither the Client (its representative), nor its employees have a right to transfer the Company or an Employee account or login details. If a person ceases to be employed at a company, it is the Client’s responsibility to deactivate their Employee account rights. All actions undertaken before the deactivation remain binding to the Client.
The Administrator has a right to deny creating an account for a Client when:
Insufficient information is provided to identify the legal entity or self-employed person;
There is sufficient information of previously established or suspected violation of any of the explicit and implicit obligations of the Client in accordance with these Terms of use or other legally binding user agreements of other platforms, operated by the same Administrator.
Verification is a voluntary service, offered by the Administrator for Clients of the Platform who wish to benefit from it.
If the Client chooses to, they can obtain “Verified” status by paying an additional fee (unless the fee is included in their Membership plan) and providing the requested information and identification materials. For those Membership plan options that include free Verification, the service remains voluntary and will be provided upon the Client’s request.
An Auxionize employee will then perform the necessary checks and verify the existence of the Client as a legal entity or self-employed person, the accuracy of the Company information, and the representative power of the person operating the account.
Ensuing from the nature of the service, the Administrator will request the minimum amount of personal data necessary to establish the identity and representative power of the person operating the account. To see how we process this data, please consult our Privacy Policy.
The Administrator may deny Verification if the information the Client has provided is insufficient or untrue.
Each Verification is marked with the date on which the check was performed, meaning that changes may have occurred since – for these circumstances Auxionize cannot warrant; furthermore, the Auxionize Verification cannot substitute a Certificate for current status where a national or international regulation, or a Client themself, may require one.
The Platfoраrm offers a variety of Membership plans, which include different tiers of Client rights and limitations, as detailed in our Membership plans, an integral part of this agreement.
Tier 0 /zero/ is a free membership option.
The membership plan may include the following non-exhaustive list of parameters (cut-offs) for Sellers or Buyers respectively:
Sellers
Revenue Cutoff Turnover LimitAuction Participation Cutoff IPS in NomenclatureNomenclature Participation Cutoff Prices in NomenclatureProducts in Nomenclature Number of Registered EmployeesPrices in Buyer Nomenclature File Storage (GB)Number of Registered Employees NotificationFile Storage (GB) Auction Winner OptionsInvitations Company Page on AuxionizeCustom Regions Multicriteria AuctionAccess to Company Pages PreauctionAutobidder Access to Company PagesSupport Type Support TypeEmail Response Time Email Response TimeVisibility Settings Visibility SettingsAuction Contents Visibility Before Joining Seller PassVerification Verification
Buyers
Revenue Cutoff Turnover LimitAuction Participation Cutoff IPS in NomenclatureNomenclature Participation Cutoff Prices in NomenclatureProducts in Nomenclature Number of Registered EmployeesPrices in Buyer Nomenclature File Storage (GB)Number of Registered Employees NotificationFile Storage (GB) Auction Winner OptionsInvitations Company Page on AuxionizeCustom Regions Multicriteria AuctionAccess to Company Pages PreauctionAutobidder Access to Company PagesSupport Type Support TypeEmail Response Time Email Response TimeVisibility Settings Visibility SettingsAuction Contents Visibility Before Joining Seller PassVerification VerificationCustom Regions
Depending on which Мembership plan you choose, you will have a limit or cut-off set out for each parameter. A Custom membership plan is also available, the parameters of which are subject to negotiations between the Administrator and the Client.
Membership plans are valid for one calendar year (365 days) or until reaching any of the parameter cut-offs, whichever comes first, after which the Membership plan is exhausted. (Please consult the Membership plan to see how cut-offs are calculated.) The Client can then renew their Membership plan with a plan of the same, lower or higher tier.
The fee is paid in full before the activation of the Membership plan. Highest tear Clients have the option to pay the yearly fee in monthly instalments. The first instalment is paid before activation of the account, whereas the following instalments are due 7 days before the start of the next month.
If the Client has chosen the Tier 0 /zero/ Membership there is no yearly fee. However, as outlined in detail in the Membership plan, some services will be restricted – е.g. there will be limited visibility about competitors offers and participants.
Tier 0 /zero/ rules also apply in a situation where the Client has exhausted their Membership plan, for which the Platform will notify in a timely manner. The Platform will suggest a Membership plan upgrade more suitable to the amount of business the Client generates.
If the Client chooses to upgrade their Membership Plan during the validity of their current plan, the Platform will recalculate the Membership plan fee, depending on the time passed and the fees previously paid, so that the Client will only have to top up the difference in membership plan fees. Please note there is no downgrade option for the time of validity of the Membership plan. However, when renewing a Membership plan, the Client can choose a lower tier plan.
Payment
The Platform offers payment options in the following ways:
Bank transfer, which will grant access after the payment is received;
Credit/Debit card payments, which are immediately processed through Stripe.
The system will generate an invoice for every payment made to Auxionize AD.
In a case, where a Client becomes a debtor in default for more than 30 days, the Platform will freeze the Company account until payment of all due obligations. The Administrator retains all previously paid fees, if any . The Administrator may further initiate legal proceedings to collect outstanding payments.
Automatic membership renewal
By purchasing the Membership plan you agree to an automatic renewal, of which you can opt-out by sending an explicit e-mail to info@auxionize.com , or using the functionalities of the Platform. This action shall cancel the renewal clause.
Canceling the recurring renewal is available until the last day of the Membership plan (either the end of the calendar year or the reaching of a cut-off).
In cases where the Client hasn’t cancelled the renewal:
When the Client has chosen to make payments to Auxionize AD through bank transfer, the Platform will automatically generate a pro forma invoice and the renewal will occur upon payment;
When the Client has chosen to make Credit/Debit card payments to Auxionize AD, Stripe will make an automatic withdrawal, which will renew the Membership plan immediately.
The Platform supports a rating system which allows for Clients to rate Company accounts and leave commentaries. This information is and will remain visible to other Clients.
The Administrator takes no part in the rating itself and takes no responsibility for what may result from it.
The Client shall not take any action that may undermine the feedback or ratings systems.
Тhe Client can choose to cancel their Membership plan by sending an email to info@auxionize.com , or using the functionalities of the Platform. In such a case, no matter when the cancelation occurred, the Administrator has the right to retain the yearly (monthly) fee.
When canceling the Membership, the Company account will switch back to tier 0 /zero/ rights.
If the Client has chosen to opt-out from the automatic renewal, the Company account will switch back to tier 0 /zero/ rights the day after the last day of the Membership plan (either the end of the calendar year or the reaching of a cut-off).
The Client can at any point retract the rights given to an Employee account by deactivating it.
The Client can also deactivate their Company account, if they chose to. This action will not automatically delete the information generated on the Platform. To delete all visible Client information the Client must choose the ¨Forget me¨ option when deactivating the account.
The Administrator has the right to freeze and/or ban a Client and delete their account, in cases specifically outlined in this agreement or other systematic or severe cases of non-compliance with the Terms of use or the supplementary documents, including if there is sufficient information of previous established or suspected violation of any of the explicit and implicit obligations of the Client in accordance with these Terms of use or other legally binding user agreements of other platforms, operated by the same Administrator.
Regardless of the reasons for terminating the account, all outstanding payments remain due and payable in accordance with these Terms of use.
By agreeing with these Terms of use, you as a User or a Client agree to abstain from the following non-exhaustive list of violations:
Breaching or circumventing any laws, regulations, third-party rights or our systems policies, or determinations of your account status;
Breaching or circumventing any laws, regulations, third-party rights or our systems policies, or determinations of your account status;
Artificially separating the company business in different Company accounts;
Attempting to register a Company account for the same legal entity or self-employed person under a different name or using a “front man”, when the previous account has been frozen or banned due to breach of these Terms of use;
Any other attempt to circumvent the Terms of use and the role of the Platform as a service provider,;
Posting false, inaccurate, misleading, deceptive, defamatory, or libellous content;
Behaving offensively or in other inappropriate manner in regards to other Clients or Users of the Platform;
Using other Clients’ information and/or content in bad faith, or in a manner unrelated to the services provided by the Platform;
Using or distributing other information (facts, data, documents, etc.) that has been made available to them through the use of the Platform, for purposes unrelated to the services of the Platform;
Taking any action that may undermine the feedback or ratings systems;
Distributing spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
Distributing viruses or any other technologies that may harm the Platform or the interests or property of its users;
Using any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access the Platform’s services for any purpose, except with the prior express permission of the Administrator;
Interfering with the functioning of the Platform, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
Disclaimer of warranties
The Administrator of the Platform takes no part in the conclusion of deals between Buyers and Sellers, other than to provide the space and options for the placement and acceptance of the offers. Contracts are concluded strictly between the Buyer and the Seller and the specifications of each contract are outlined and/or negotiated between the contracting parties (Buyers and Sellers).
The Client, be they a Buyer or a Seller, takes responsibility for the truthfulness and authenticity of any information provided on its company page and/or anywhere else on the Platform by its representatives, as well as all action undertaken by the Client’s employees through their personal accounts.
Where a Company account is not Verified, we cannot guarantee the truth or accuracy of Company information. If an account is marked as “Verified”, however, this means that an Auxionize employee has checked and confirmed the existence of the Client as a legal entity or a self-employed person, the representative authority of the person operating the Company account and their power to act on behalf of and legally bind the Client at the time that the check was performed. (For further details regarding the Verification process, please see § 4 “Verification” above)
While the Administrator may facilitate the processes of negotiations, we have no control over, do not guarantee and do not assume liability for: the ability of Buyers to pay for items or services; the ability of Sellers to sell items or services; the existence, quality, safety or legality of the goods and services offered; or that a Buyer or Seller will actually complete a contract. Auxionize does not support, promote or approve any of the offers made by the Buyers or Seller, or exercise control over the type or quality of goods and services that are being offered, nor their ability to be the object of lawful dealings. All information regarding the conclusion of contracts if made available through the Platform “as is”, unless otherwise specified.
The Client expressly agrees that their use of the Platform’s functionalities is at their sole risk.
Without prejudice to the above, the Administrator may take legal action against a Client, who fails to complete their contracts with other Clients of the Platform or uses the Platform to market unlawful goods or services, for any damages caused to the Platform and/or its Administrator, including damages to their reputation.
All invoicing and document exchange is strictly between the Buyer and the Seller, as well as the taking of necessary actions to comply with applicable international applicable national and international tax and transport regulation, custom duties and any other question connected to completing the contract between the Buyer and the Seller.
The Client agrees to indemnify and hold the Administrator (including affiliates and subsidiaries, as well as their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of another Client’s breach of the Terms of use, their improper use of the Platform or breach of any law or the rights of a third party.
10. Intellectual property and Client content
Auxionize AD holds the intellectual property right over the Platform in its whole. All content included in or made available on the Platform, such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, databases and data compilations, website design, software, and others not explicitly listed, is the property of Auxionize AD or its content suppliers and is protected by the Bulgarian and international copyright laws, unless otherwise specified.
The Administrator grants the user a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make use of the Platform’s functionalities in the manner and to the extent outlined in these Terms of use and the Client’s Membership plan. All rights not expressly granted to the Client are reserved and retained by Auxionize AD.
The Client and the User are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign rights, commercially exploit or use the Platform’s protected content without the express prior written consent of the intellectual property holder.
In addition, Auzionize’s trademarks may not be used in connection with any product or service that is likely in any manner to cause confusion among customers or discredit the Platform and its Administrator.
All Client information and content, that the Client has chosen to share on the Platform either on their Company page or elsewhere, including their trademarks, remains property of the Client. The Client also guarantees that content, published by them are the subject of its exclusive rights and not infringe the rights of third parties.
By uploading the content to the Platform, the Client consents to the use of said content by the Administrator for the purposes of operating the Platform, including for the purposes of promoting the Platform by publicly identifying its Clients and the content they’ve made visible. Uploading Client content on the Platform does not grant other Clients the right to make use of the content.
The Client can manage what amount of the content is visible to other Clients and Users of the website by adjusting the Visibility options on their Company page, in accordance with their Membership plan rights. Further, the Client understands and agrees that the actions undertaken to conclude a contract are visible not only to the opposing party, but also to other participants of the auction or Users of the Platform, depending on the visibility setting of the particular auction/offer.
The Administrator has the right but not the obligation to monitor and edit or remove any activity or content. The Administrator takes no responsibility and assumes no liability for any content posted by the Client or any third party and is not responsible for the violation of any rights connected with the content uploaded by the Client. The Administrator may hold the Client liable for all damages to the Platform and its Administrator directly or indirectly, stemming from unlawful use of content.
Auxionize has the right at any time in its sole discretion to request, and the Client is obligated to provide in full, accurate and true form any required explanations, information, documentation and the like, in respect of:
evidence of the existence and information about the registration information of the Client as a legal entity or self-employed person;
evidence of the representative power of the person operating the Company account;
evidence in connection with the actual conclusion of contracts through the Platform and execution of contractual obligations;
any information in case of suspicion of circumvention of these Terms of use;
any other information that, in the opinion of the Administrator, is relevant to the certification of compliance with the obligations of the Client in accordance with these Terms of use.
The Client acknowledges that in connection with the investigation of potential violations of these Terms of use, the Administrator has the right, at its discretion, to provide information to other Clients in connection with the protection of rights and interests of the Administrator or third parties regarding the application and enforcement of these Terms of use.
In case of established or suspected violation of any of the explicit and implicit obligations of the Client in accordance with these Terms of use, including the obligation not to make attempts to circumvent them, the Administrator has the right to:
temporarily Freeze access to the Company Account or completely ban (and possibly delete) the Client Account, subsequently refusing at its discretion to re-register the same Client or a related person;
In case of a complete ban, the Administrator retains the prepaid. The Administrator may further initiate legal proceedings to collect outstanding payments.
delete content or parts thereof;
The Administrator also has the right to take action when in their opinion there is a risk for the Platform, the Administrator and /or another Client, and in case of suspected violations of the law.
These Terms of Use are governed by the laws of the Republic of Bulgaria, without reference to its conflicts of law provisions.
The Client agrees that the Bulgarian courts have exclusive jurisdiction for the purpose of hearing and determining any suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to these Terms of use, or their validity.
The following Sections survive any termination of this User Agreement:
Plans and Payment, Disclaimer of Warranties; Intellectual property and Client content; Governing law and Jurisdiction.
If any of the provisions of these Terms of Use become invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
© 2023 Auxionize AD. All rights reserved.
