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Terms & Conditions

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These Terms & Conditions (“Terms”) govern your access to and use of www.kugaragency.com (the “Website”) and, where applicable, the provision of digital marketing and related services by KUGAR EOOD.

By accessing or using the Website, submitting an enquiry, requesting a proposal, or engaging KUGAR EOOD for services, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree with these Terms, please do not use the Website or our services.

1. Company Information

The Website and services are operated by:

KUGAR EOOD
Todor Kableshkov 1
1618 Sofia, Bulgaria
Company registration number (EIK): 101661297

In these Terms, KUGAR EOOD may be referred to as “KUGAR,” “we,” “us,” or “our.”

The person or company using the Website or engaging our services is referred to as “you,” “your,” “Client,” or “User.”

2. Scope of These Terms

These Terms apply to:

  • your access to and use of the Website;

  • information, materials, and content published on the Website;

  • enquiries and communications submitted through the Website;

  • digital marketing, advertising, creative, strategy, consulting, content, social media, search, or other services provided by KUGAR, where applicable; and

  • any proposal, quotation, statement of work, service agreement, order, or other written agreement entered into between KUGAR and a Client.

Where KUGAR and a Client enter into a separate written agreement or statement of work, that agreement will govern the specific commercial terms of the engagement. If there is a conflict between these Terms and a separately signed agreement, the signed agreement will prevail to the extent of the conflict.

3. Website Use

You may use the Website only for lawful purposes and in accordance with these Terms.

You must not:

  • use the Website in violation of any applicable law or regulation;

  • attempt to gain unauthorised access to the Website, its systems, servers, or accounts;

  • interfere with or disrupt the operation or security of the Website;

  • introduce viruses, malware, malicious code, or other harmful material;

  • scrape, copy, reproduce, distribute, or commercially exploit Website content without our prior written permission;

  • impersonate another person or entity;

  • use the Website to infringe the rights of KUGAR or any third party; or

  • use information obtained from the Website for fraudulent, unlawful, misleading, or abusive purposes.

We reserve the right to suspend or restrict access to the Website where reasonably necessary to protect the Website, our business, our users, or third parties.

4. Our Services

KUGAR provides digital marketing and related professional services. Depending on the engagement, these may include strategy, digital advertising, social media marketing, content creation, creative services, search engine optimisation, analytics, consulting, campaign management, and other services agreed with the Client.

The exact scope, deliverables, deadlines, fees, advertising budgets, responsibilities, and other commercial terms will be determined on a case-by-case basis and may be set out in a proposal, quotation, statement of work, order, or separate agreement.

Information published on the Website is provided for general informational purposes and does not constitute a binding offer unless expressly stated otherwise.

5. Proposals and Engagements

A proposal or quotation provided by KUGAR may specify the services, deliverables, pricing, timeframe, payment terms, assumptions, and other conditions applicable to a particular engagement.

Unless otherwise stated in writing, a proposal does not create a binding obligation on KUGAR to provide services.

An engagement becomes binding when the parties have accepted the applicable proposal, statement of work, or agreement, or when KUGAR has otherwise expressly confirmed commencement of the services.

6. Client Responsibilities

Successful delivery of marketing services may depend on information, approvals, access, materials, accounts, and cooperation provided by the Client.

The Client agrees to:

  • provide accurate, complete, and timely information;

  • provide access to relevant advertising, social media, analytics, website, or other platforms where required;

  • provide timely feedback and approvals;

  • ensure that materials, claims, trademarks, images, data, and other content supplied by the Client may lawfully be used for the agreed purposes;

  • comply with applicable laws and platform rules relating to the Client's products, services, advertising, and business activities; and

  • promptly notify KUGAR of any material changes that may affect the services.

KUGAR is not responsible for delays, additional costs, or performance issues caused by inaccurate information, delayed approvals, unavailable access, or other circumstances within the Client's control.

7. Advertising Platforms and Third-Party Services

Digital marketing services may involve third-party platforms and services, including advertising networks, social media platforms, search engines, analytics providers, hosting providers, software platforms, and other technology providers.

Third-party platforms operate independently from KUGAR and may change their policies, algorithms, functionality, pricing, availability, targeting options, approval processes, or technical requirements at any time.

KUGAR does not guarantee that any particular advertisement, campaign, account, creative, keyword, audience, or other marketing activity will be approved, remain available, or achieve a particular result.

Where third-party advertising or platform fees are payable, those costs are separate from KUGAR's professional fees unless expressly stated otherwise.

8. Marketing Results

KUGAR will provide professional services with reasonable care and skill. However, digital marketing performance depends on numerous factors outside KUGAR's reasonable control.

Unless expressly guaranteed in a written agreement, KUGAR does not guarantee:

  • a specific number of leads, sales, customers, impressions, clicks, followers, rankings, conversions, or revenue;

  • a particular return on advertising spend or investment;

  • specific search-engine rankings;

  • approval or continued operation of advertising accounts or campaigns;

  • uninterrupted availability of third-party platforms; or

  • any particular commercial outcome.

Past performance, examples, case studies, projections, estimates, testimonials, or other results presented by KUGAR should not be interpreted as a guarantee of future results.

9. Fees and Payment

Fees for services will be stated in the applicable proposal, quotation, statement of work, invoice, or agreement.

Unless otherwise agreed in writing:

  • invoices are payable within the payment period specified on the applicable invoice or agreement;

  • the Client is responsible for any applicable taxes, duties, or charges associated with the services, except taxes imposed directly on KUGAR's income;

  • third-party advertising budgets and platform charges are separate from KUGAR's service fees unless expressly included; and

  • KUGAR may suspend services where undisputed amounts remain overdue.

Where required by applicable law, VAT or other applicable taxes will be charged in addition to the stated net price.

10. Intellectual Property

Unless otherwise agreed in writing, KUGAR retains ownership of its pre-existing intellectual property, including its methodologies, processes, know-how, templates, frameworks, strategies, systems, concepts, tools, internal documents, and reusable materials.

Subject to full payment of all amounts due, the Client will receive the rights to use final deliverables specifically created for the Client under the applicable engagement, to the extent and for the purposes agreed between the parties.

KUGAR does not transfer ownership of third-party materials, software, fonts, stock assets, platform functionality, licences, or other materials that are subject to third-party rights. Their use remains subject to the applicable third-party terms and licences.

Unless otherwise agreed, KUGAR may retain and reuse general knowledge, skills, techniques, methodologies, and non-confidential know-how developed or acquired while providing services.

11. Client Materials

The Client retains ownership of materials, information, trademarks, logos, images, text, data, and other content supplied by the Client (“Client Materials”).

The Client grants KUGAR a non-exclusive licence to use, reproduce, modify, adapt, and otherwise process the Client Materials to the extent reasonably necessary to provide the agreed services.

The Client represents that it has the necessary rights, permissions, and legal basis to provide the Client Materials to KUGAR and authorises their use for the agreed purposes.

12. Confidentiality

Each party agrees to keep confidential non-public information received from the other party in connection with an engagement and to use such information only for the purposes of the relevant business relationship.

This obligation does not apply to information that:

  • is or becomes publicly available without breach of these Terms;

  • was already lawfully known to the receiving party;

  • is independently developed without use of confidential information; or

  • must be disclosed by law, court order, or a competent authority.

These confidentiality obligations survive termination of the relevant engagement for so long as the information remains confidential.

13. Privacy and Personal Data

KUGAR may process personal data in connection with operation of the Website, communication with users, and provision of services.

Personal data will be processed in accordance with applicable data-protection legislation, including the EU General Data Protection Regulation (GDPR) where applicable.

Our Privacy Policy provides additional information about how personal data is collected, used, stored, and protected.

Where KUGAR processes personal data on behalf of a Client as a processor, the parties may enter into an appropriate data-processing agreement or otherwise document the applicable processing arrangements as required by law.

14. Website Content and Accuracy

We make reasonable efforts to keep the information on the Website accurate and up to date. However, we do not warrant that the Website or its content will always be complete, accurate, current, uninterrupted, or free from errors.

The Website may contain links to third-party websites or services. These links are provided for convenience and do not mean that KUGAR endorses or controls those third parties.

We are not responsible for the content, availability, security, or practices of third-party websites or services.

15. Intellectual Property in the Website

Unless otherwise stated, the Website and its contents, including text, graphics, logos, designs, images, videos, layouts, branding, and other materials, are owned by or licensed to KUGAR and are protected by applicable intellectual-property laws.

You may access and view the Website for your personal or internal business purposes.

You may not reproduce, modify, distribute, publish, sell, licence, create derivative works from, or commercially exploit Website content without our prior written permission, except where permitted by applicable law.

16. Disclaimers

To the maximum extent permitted by applicable law, the Website is provided on an “as available” basis.

We do not warrant that:

  • the Website will always be available or uninterrupted;

  • the Website will be free from errors or security vulnerabilities;

  • information on the Website will always be complete or current; or

  • the Website will meet every particular requirement of every user.

Nothing in these Terms excludes or limits any legal right, warranty, liability, or remedy that cannot lawfully be excluded or limited under applicable law.

17. Limitation of Liability

To the maximum extent permitted by applicable law, KUGAR will not be liable for indirect, incidental, special, consequential, or loss-of-profit damages arising from or relating to the Website or services, including loss of revenue, business opportunities, anticipated savings, data, goodwill, or reputation.

Where KUGAR is providing paid services to a Client, and subject to mandatory applicable law, KUGAR's total aggregate liability arising out of or relating to the relevant engagement will not exceed the total professional fees actually paid to KUGAR by that Client for the relevant services during the 12 months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability that cannot legally be excluded or limited.

18. Indemnification

To the extent permitted by applicable law, the Client agrees to indemnify and hold KUGAR harmless from third-party claims, losses, liabilities, damages, and reasonable costs arising from:

  • Client Materials supplied by the Client;

  • the Client's products, services, business activities, or advertising claims;

  • the Client's breach of these Terms or an applicable agreement; or

  • the Client's violation of applicable law or third-party rights.

This provision does not apply to the extent that a claim results from KUGAR's own unlawful conduct or breach of its obligations.

19. Suspension and Termination

Either party may terminate a service engagement in accordance with the termination provisions contained in the applicable agreement, statement of work, or proposal.

Where no specific termination provision has been agreed, either party may request termination by written notice, subject to payment for services already performed and any other amounts properly due.

KUGAR may suspend or terminate access to the Website or services where reasonably necessary due to:

  • non-payment;

  • a material breach of these Terms or an applicable agreement;

  • unlawful or fraudulent activity;

  • misuse of KUGAR's systems or services; or

  • circumstances that create a material security, legal, or reputational risk.

Termination does not affect rights or obligations that accrued before termination.

20. Force Majeure

KUGAR will not be responsible for delay or failure to perform obligations caused by circumstances beyond its reasonable control, including natural disasters, war, civil unrest, government action, telecommunications failures, power outages, cyber incidents, widespread technical failures, strikes, epidemics, or failures of third-party platforms or service providers.

Where reasonably possible, KUGAR will take appropriate steps to minimise the impact of such circumstances.

21. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, the Website, applicable law, or our business practices.

The updated version will be published on this page with a revised “Last updated” date.

Your continued use of the Website after updated Terms are published constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

Changes to a specific Client engagement will not override a separately agreed contract unless the parties agree otherwise.

22. Governing Law

These Terms are governed by and interpreted in accordance with the laws of the Republic of Bulgaria, without prejudice to any mandatory rights or protections that may apply to consumers under applicable law.

Any dispute arising from these Terms or the use of the Website shall be subject to the jurisdiction of the competent courts in Bulgaria, unless mandatory applicable law provides otherwise.

Nothing in this section prevents a consumer from exercising any mandatory right to bring proceedings in the courts available under applicable consumer-protection legislation.

23. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, where legally possible.

The remaining provisions will continue in full force and effect.

24. Entire Agreement

These Terms, together with any applicable proposal, statement of work, service agreement, privacy policy, and other documents expressly incorporated by reference, constitute the applicable agreement between you and KUGAR concerning the relevant subject matter.

No failure or delay by KUGAR in enforcing a provision of these Terms will constitute a waiver of that provision or any other right.

25. Contact

If you have questions about these Terms or our services, please contact KUGAR EOOD through the contact details provided on www.kugaragency.com.

KUGAR EOOD
Todor Kableshkov 1
1618 Sofia, Bulgaria
EIK: 101661297
Website: www.kugaragency.com

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