GENERAL TERMS AND CONDITIONS FOR COOPERATION
These Terms and Conditions for Cooperation ("Terms") regulate the contractual relations between the company Toma-soft ltd ("Company") and the Advertiser ("Advertiser") regarding the advertising of the betprepare.com website owned by Tomasoft ltd by the Advertiser on the website owned by the Advertiser.
This business cooperation is not mutually exclusive and the Company can have cooperation with multiple Advertisers at the same time. This contract is non-transferable.
These Terms apply to all advertisers of the betprepare.com website.
The Advertiser can be a domestic or foreign business entity (legal entity, natural person that performs a registered business activity).
By registering as an Advertiser of the betprepare.com website you agree to be familiar with the General Terms and to fully understand and accept your consequential rights and obligations. In case you do not accept any of these Terms, please do not register as an Advertiser.
The Advertisers may not publish any claims, allegations, or conditions on their website that would be in violation of these Terms.
he Company reserves the right to unilaterally change the conditions of these Terms of which the Advertiser will be duly notified by receiving new Terms on the e-mail address stated by the Advertisers in their registration form.
Should the Advertisers feel that the changes of Terms are unacceptable to the them, or that the Advertisers would not initially agree to or would not keep the current contract, the Advertisers reserve the right to break off this contract by a unilateral written statement to the Company via e-mail email@example.com within 8 days from receiving the e-mail notification regarding the changes to the General Terms.
Otherwise we will assume that the Advertisers agree with the revised Terms and fully accept them as an integral part of the new contract.
SUBJECT OF THE CONTRACT
By agreeing to these Terms, the Advertiser can place promotional materials on their website that will send the visitors to the betprepare.com website when they "click" on them on the Advertiser's website, through the use of following advertising instruments: banner(s), e-mails, text messages, articles logos, figures etc.
The Advertisers have to use the advertising instruments proposed by the Company and must not change them in any way without the Company's consent.
By implementing one or more advertising instruments of the betprepare.com website in the Advertiser's website, the Advertisers enable the users of their website a direct link to the website betprepare.com by clicking on the promotional materials.
Each user that accesses the betprepare.com website through the Advertiser's website and which registers onto the betprepare.com website within the following 30 days is regarded as a USER THROUGH ADVERTISERS.
The contract between the Company and the Advertiser is made only when the User through Advertisers is registered on the betprepare.com website and when they have made a transaction with the Company.
REGISTRATION AND METHODS OF ADVERTISING
If you want to become an Advertiser of the betprepare.com website you have to accept these Terms by ticking the box showing that you accept the rights and obligations that arise from this contract and fill out the application form as an integral part of these Terms, and register.
The Advertiser of the Company is registered on the betprepare.com website, choses a user name and password, and is given the Advertiser's Personal Code during registration. By registering and assigning personal Codes the Company allows the Advertisers to mention the code in their promotional materials which allows us to track the users coming from the Advertiser's website and which gives us an insight into the number of visits, i.e. the users that have accessed the betprepare.com website through the Advertiser's website, number of Users through Advertisers according to the Art. 2. sec. 2. of the General terms, and insight into all transactions paid by the Users through Advertisers (User through Advertisers ID, total amounts of transactions, Advertiser's fee).
Upon registration the Company has to give consent, i.e. accept the choice of Advertisers and only then can the Advertiser access the promotional materials.
The Company must give explicit consent via e-mail. Lack of communication on Company's behalf is not regarded as consent or acceptance.
The choice of Advertisers is on Company's discretion.
The Company will use a special interface that will enable the Advertiser access with a given user name and password and access the promotional materials that they can put on their website. The promotional materials will contain the Advertiser's Codes which will enable the tracking of users that came from the Advertiser's website.
The information regarding the number of visits, the number of Users through Advertiser, amount of transactions paid by the Users through Advertisers, their ID or any other information regarding the Advertiser's fee are regarded as true and integral parts of these Terms and the Advertiser accepts them as real without any possible change thereof.
The Advertisers have a right to use the advertising instruments to provide the links to the betprepare.com website only in the duration of the contract with the Company.
The Advertisers have no right to alter or in any other way manipulate the advertising instruments without Company's prior written consent.
The Advertiser s are not authorized by the Company to give any predictions, guarantees, or highlight any allegations on or claims to third parties regarding the betprepare.com website.
The Company shall undertake to pay the fee of 15% (fifteen percent) to the Advertiser for all transactions that the Company receives from Users through Advertisers for advertising the betprepare.com website.
The Company shall undertake to pay the fee of 15% of net transaction.
The basis for the payout of the fee are all transactions that the Users through Advertisers purchase from the Company no matter in which period (e.g. upon registration, in the following month, or five years later).
The Advertiser shall undertake to send an invoice to the Company and the Company shall undertake to pay the agreed fee within 30 days from receiving the invoice.
The Advertiser has the access to the list of all transactions through the affiliate interface. The Advertiser shall issue an invoice to the Company for each month only if the amount of fee is over 300 kn. In case the amount is under 300 kn per month, the amount will be transferred to the next month which the Advertiser will issue an invoice for if the minimal amount of 300 kn is reached.
All transactions for advertising services will be paid to the Advertiser in kunas, if the Advertiser is from Croatia. The Advertisers outside Croatia will issue an invoice in euros in equivalent amount according to the middle exchange rate by HNB (Croatian National Bank) for the issue date of the invoice. The Company will pay the invoice through Moneybookers or foreign currency account, according to the Advertiser's preference. All home and foreign bank transaction fees shall be borne by the Advertisers.
The Foreign Exchange Act and all other legal regulations of the Republic of Croatia are applied to all transactions from this contract.
CONTRACT DURATION AND TERMINATION
This contract is valid for an indefinite period of time.
The contractual parties can terminate the agreement by mutual consent.
Each party can at any given moment unilaterally terminate this contract under conditions stipulated in these Terms.
An e-mail notification is regarded as a valid form of notice of termination.
The Company has the right to terminate this contract with a unilateral notice at any given moment, with or without cause, and especially if the Advertiser is using the betprepare.com website advertising instruments in an inappropriate manner, or a manner not allowed with this contract.
The contract is regarded as terminated 8 days upon the delivery of a unilateral notice of termination by the Company via e-mail to the registered e-mail address.
In case of termination of contract the Advertisers have no right to advertise the betprepare.com website or use other advertising instruments for this purpose, and are obligated upon termination of contract to remove all advertising instruments from their website that could be used to advertise the betprepare.com website, or emphasize that upon termination of this contract the Company is no longer obligated to pay the Advertiser any kind of fee for advertising the betprepare.com website, otherwise they will face all legal consequences of such actions.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
In the duration of this contract the Company gives the Advertisers a non-exclusive non-transferable right for the purpose of advertising to use the betprepare.com brand name, trademarks, service marks, logos and other signs (e.g. texts, photographs, images, pictures, diagrams, charts, audio and visual materials etc.) protected by copyright and other intellectual property rights and in accordance with the applicable laws, that the Company is allowed to alter from time to time.
All Advertisers are responsible for their usage as well as usage of the betprepare.com websites by third parties that access the Website from the Advertiser's website, as a well as for potential breaches and/or abuses of the copyright and other intellectual property rights in accordance with the applicable laws and provisions in these Terms.
It is strictly forbidden without Company's prior written consent to commercially:
- download, reproduce, copy, distribute, rent, give use of, submit to unauthorized third parties or broader audience, or in any other way use the Services and/or contents of the Website;
- change, adapt, process, translate or produce works derived from any of the Services and/or contents of the betprepare.com website.
Personal information is considered to be any kind of information that refers to an identified person, i.e. a person that can be directly or indirectly identified, especially based on of the features of his or her physical, psychological, mental, economic, cultural or social identity (e.g. first and last name, place of residence, phone number, e-mail address etc.).
The Company will collect, process, and use the Advertiser's personal data on the Website in accordance with the terms regarding privacy protection.
TYPES OF PERSONAL INFORMATION
Types of information that the Company may collect for any purposes regarding Advertisers, visitors and users through Advertisers are: first and last name, name of the company, national identification number, address, e-mail address, phone number, gender, date of birth, photos, videos, texts, bank account numbers.
METHODS AND PURPOSE OF COLLECTING AND USING PERSONAL INFORMATION
The personal information of Advertisers, visitors and Users through Advertisers are processed only with their free and explicit consent that their personal information are processed for purposes related to their usage of the Services. The Advertiser's consent for collecting and processing their personal information for specific purposes will be asked for in the course of registration on the betprepare.com website.
All gathered information are stored electronically and appropriate measures and actions are taken in order to prevent unauthorized access to these information, to maintain a level of security of personal information, enable their timely updates and deletion, and to ensure proper use of online gathered information.
DISCLOSING AND DELIVERING PERSONAL INFORMATION TO THIRD PARTIES
Advertiser's personal information will not be disclosed to third parties without the Advertiser's explicit consent, except when required by law. Personal information in particular will not be disclosed, i.e. delivered to third parties outside the Republic of Croatia without the explicit consent, except when required by law.
We may disclose personal information delivered to us by the Advertisers to affiliated companies and/or partners when necessary for maintenance, managing and performing a certain activity, of which the Advertisers will be duly and appropriately notified. In such cases we will make sure that our partners and/or affiliated companies are responsible for protection and preservation of personal information to the same extent as guaranteed by these Terms.
COLLECTING AND PROCESSING PERSONAL INFORMATION BY OTHER USERS OR THIRD PARTIES
These Terms do not apply to collecting, processing and using personal information that the Advertisers may disclose to other Users and/or third parties. It is in the best interest of the Advisers to familiarize themselves with rules for protection of personal information and privacy protection exercised by other users and/or third parties. Since we have no control over information provided by the users when accessing or using third party interactive content, Links or web pages, or in other cases in which the Users disclose their personal information to other Users and/or third parties, we are in no way liable for the damages that the Users and/or third parties may suffer due to disclosure of personal information during their visit to the Website.
CHANGING AND DELETING PERSONAL INFORMATION
As regulated by law, each Advertiser has a right at any time to request that some or all of their personal information are changed or deleted. Change or deletion will be performed once a Registered Advertiser contacts us using the appropriate address posted on the betprepare.com website.
All technical, technological, and commercial information of each contractual party regarding this and every Special Agreement constitute a trade secret that each contractual party is obligated to hold and commit their workers and potential partners to hold.
LIMITATION AND EXCLUSION OF LIABILITY DAMAGES
Services, Links and/or potential other materials, services, functions and information available on the Website are provided "as is"; therefore the Company is not liable for any possible consequences, including the damages caused by the Advertisers, visitors, Users through Advertisers, or third parties, which may arise from their interpretation, usage etc.
The Company does not guarantee explicitly or implicitly that the betprepare.com website, Services, Interactive Content, Links and/or possible other materials, services functions or information will always be available and that they will not contain errors, worms, or other computer programs that may cause damage to the Advertisers or third parties. All Users explicitly agree to use the Website, Services, Interactive Content, Links and/or possible other materials, services, functions or information available on the Website at their own risk.
We are in no way liable for the damages that the Advertisers and/or third parties may cause and/or suffer in when accessing the betprepare.com website, especially when using or abusing the trade marks, Services, Interactive Content, Links, Forbidden Content and/or possible other materials, services, functions or information available on the Website, especially when caused by their damage or loss, as well as due to improper, wrong, or unauthorized usage.
We are in no way liable for the damages that the Users and/or third parties may cause and/or suffer when accessing third party web pages available through Links posted on the Website, or regarding the use or abuse of information, functions, services and other content available through those third party web pages.
We are in no way liable for any damages that the Users and/or third parties may suffer due to temporary unavailability of the Website, that is, their temporary inability to access particular web pages, Services, Interactive Content, Links and/or possible other materials, services, functions and information, or specific user profiles or information within the betprepare.com website.
Both contractual parties shall try to resolve all disputes that may arise from or regarding this Agreement through peaceful resolution.
In case the dispute could not be resolved in accordance with section 1 of this article, both parties agree to settle all disputes arising from or regarding this Agreement, including the disputes regarding its validity, violations, or cancellation, as well as legal implications that arise from it, before the competent court in the Republic of Croatia, and agree to adhere to Croatian legislation.
These General Terms apply from 23rd May 2011 on and are valid until new Terms are posted.