Terms for Advertisers
The given Agreement is concluded between
the Company PlatformIO LLC, registered and conducting activities in the Republic of Belarus,
on
the one hand, and
You (the "Advertiser", "you", "your") that expressed
your will to receive the service for managing
advertising campaigns, placing
your advertisements on third-party Internet pages and mobile apps
and accepted obligations
under the Agreement without reservations and to the full extent by
following the link "I
ACCEPT" under the text of the Agreement, on the other hand,
have reached a
complete and legally binding agreement as follows:
1. Terms and
Definitions
1.1. The Contractor is the Company PlatformIO LLC, which is the
owner of the Software.
1.2. The Advertiser is the person entering into the
present Agreement by following the link "I
ACCEPT" under the text of the Agreement, whose
name, address and bank account details
are stated by this person directly at registration
on the Official Website. Change of the
address or the State of registration or activity of
the Advertiser shall not constitute the
ground for termination or revision of the
Agreement, with the exception of cases when
legislation of the state of the new
registration and activities of the Advertiser prevents the
Advertiser from performing
obligations under the Agreement.
1.3. The Official Website is the website where
the Software is published. The official website on
the date of conclusion of the Agreement
is https://richpush.co/.
1.4. The
Software is the computer program allowing to manage advertising campaigns and
place the
Advertisements on third-party Internet pages, mobile apps and other online
resources by
customizing GEO targeting, cost per click, timetable and other functions
available for
choice in the Application Form.
1.5. The Advertisement is graphical,
interactive, rich media or other online advertisements,
including, without limitation,
banners, buttons, pop-ups, or similar materials created by the
Advertiser and included in
the Application Form.
1.6. The Application Form is the application form
completed in the order specified by the
Contractor filled in by the Advertiser directly on
the Official Website for placing the
Advertisement on third-party Internet pages, mobile
apps and other online resources. The
Application Form is available through the button "Get
Push Traffic" and allows to customize
targeting, timetable and other specific
characteristic of your advertising campaign.
1.7. The Service is the
opportunity provided by the Contractor to the Advertiser on online use of
the Software
published on the Official Website.
1.8. The Personal Account is the personal
account of the Advertiser in the automated billing
system of the Contractor where all
transactions are recorded by the Contractor. The
Personal Account is not a settlement
account or a bank account.
1.9. The Account is the Advertiser's individual
Official Webpage access parameters where the
Advertiser manages the scope of the Service
provided to him, receives information on his
Personal Account balance and performs other
activities on the Official Website that are
relevant to provision of the Service.
1.10. Selection is automated procedure of selection conducted with the use of the
Software in the
course of which it is determined what website/app/other online resource of
the third person
is the most relevant to the Application Form and where the Advertisement
shall be placed.
1.11. Privacy Policy, Data Processing Addendum and Rules of
Service are documents elaborated
by the Contractor containing the rules of the Personal
Data treatment, prohibited data and
other issues that are published on the Official Website
and constitute an integral part of the
Agreement.
1.12. Contractor’s Reporting System is an automatic system used by the Contractor to evaluate factual amount of the Services consumed by the User as well as its overall (final) cost.
2. Service
2.1. The Contractor undertakes to provide the Service to the Advertiser within the term of
validity
of the Agreement.
2.2. The Advertiser acknowledges that provision
of the Service will be executed online via the
Internet global network. The Software and/or
its components shall not be installed on any servers
or any other computer devices
belonging or controlled to/by the Advertiser except for auxiliary files
ensuring
identification of the Advertiser or coordinating interoperability of the equipment of the
Advertiser and the Software.
2.3. In order to avoid apprehensions the Parties
reaffirm that the Agreement constitutes a
service rendering agreement, and the Agreement is
concluded on the basis of the principle
Software as a service (SaaS), therefore the
Advertiser does not possess any rights on the Software
(neither vested interests nor
non-property rights, or any other rights).
3. Payment Terms. Transactions.
3.1. The Advertiser himself controls his Personal Account and ensures positive
balance on the
Personal Account that shall be sufficient for debiting the price in order to
place its advertisements
on third-party Internet pages and mobile apps. The Advertiser
shall ensure transaction of the funds
to the Contractor for crediting its Personal account.
3.2. The Advertiser's Personal Account is debited when the Advertiser's
advertisement is placed
on a third-party website or mobile app under his Application Form.
The estimated amount (cost) of such payment is calculated on the basis of Selection and displayed for the
Advertisers preliminary, while the
Advertiser fills the Application Form. The Advertiser is warned and agrees that the estimated amount doesn’t take into account some specific features of Advertiser’s initial choice reflected in Application Form such as Advertiser’s usage of push-traffic etc. So situations of difference between estimated cost and final cost of the Services can take place from time to time.
3.3. The currency of funds on the Personal Account is US Dollar. All payments to the
Contractor
for crediting the Personal Account shall be made in US Dollars. Preliminary
conversion of any other
currency to US Dollars shall be conducted by the Advertiser, bank
or payment system, however in
any case the Contractor shall not be liable for such
conversion, its correctness, nor shall he bear
any expenses occurred in connection with
such conversion.
Crediting of the Personal Account is executed in the amount transferred to
the bank account of the
Contractor.
All commissions and fees charged by banks, payment
systems or other financial institutions
participating in transactions between the
Contractor and the Advertiser and (or) securing such
transactions are paid by the
Advertiser.
3.4. The Personal Account may be credited only by the Advertiser to
the Contractor's bank
account by one of the means stipulated on the Official Website. All
payments to the Contractor shall
be made with indication of the Personal Account. All
payments made to the Contractor with
indication the Personal Account shall be considered as
payments made by the Advertiser. The
Advertiser undertakes not to disclose the Personal
Account to any third parties.
3.5. The Personal Account is debited after the
completion of the Application Form for the amount
previously displayed in the Application
Form depending on the advertising campaign characteristics
chosen by the Advertiser.
3.6. Final cost of the Services is to be determined after the end of its provision on the basis of Contractor’s Reporting System data and is displayed in Advertiser’s Personal Account. In case of such situation the Advertiser shall credit its Personal Account in order to cover the difference between the estimated and the final cost of Services within 7 (seven) calendar days from the date of notifying by the Contractor (NET 7). And the Contractor is entitled to debit Advertiser’s Personal Account for the sum of covering the difference.
If the Advertiser defaults the obligation to cover the difference to the term specified in this paragraph, the Contractor is entitled to collect from the Advertiser a penalty fee of 1% (one percent) of the overdue amount for each day of delay by debiting Advertiser’s Personal Account.
.
3.7. The Parties agree that the Software
data is the only due means to determine the amount of funds subject to crediting or debiting
to/from the Personal Account.
3.8.The Parties agree that the Contractor’s Reporting System data is the only due means to determine the amount of funds subject to crediting or debiting to/from the Personal Account.
3.9. If the Advertiser detects the errors in the Advertisement
placement, he is entitled to request the Contractor to refund him the funds been paid for
placement of the relevant Advertisement through crediting the Advertiser's Personal Account.
Such refund may be requested within five (5) calendar days after its detection. The refund is
provided only in case of the following errors:
a. The placed Advertisement received
not normal compared to usual amount of clicks from the same IP address within one (1) day. In
such situation the Contractor shall check whether booting bots took place and, if so, accept the
refund requested;
b. The Advertisement is placed not in accordance with targeting
characteristics, specified by the Advertiser in the Application Form, due to the Software error.
The Contractor reserves the right to conduct its own audit in order to verify
whether the relevant error took place. In case the Contractor confirms the relevant errors, the
refund is made by the Contractor through crediting the Advertiser's Personal Account within
thirty (30) calendar days after such confirmation.
4. Quality of the
Service
4.1. The Parties agree that under the Agreement the Service is rendered
under the condition "as
is", and the Contractor shall not be liable for the Service quality
compliance, nor shall the
Contractor be liable for irregularities in Service rendering,
temporary interruptions in the Software
operation or lack of access to the Official Website
regardless of the reasons for these irregularities,
interruptions or lack of access.
4.2. Despite the provisions of clause 4.1. hereof the Contractor shall make all
possible efforts to
ensure the Service provision 24 hours 7 days a week. In the necessity
to terminate Service
provision in order to conduct maintenance work or improvement of the
Software, the Official
Website or other reasons of technical or administrative character
the Contractor shall aspire to
terminate provision of the Service upon preliminary notice
of the Advertiser by any available means.
4.3. The Advertiser shall address the
technical support service on the Official Website or by
sending a request to the Contractor
during the entire term of validity of the Agreement. All
instructions or requests of the
Advertiser to the technical support service shall be sent from the
Official Website special
section with the use of the Account or via email confirmed by the Advertiser
as owned and
managed by the Advertiser. In such cases the Contractor shall not be liable for
execution
of any instructions received by the technical support service from such email in particular
if later established that instructions had not been sent by the Advertiser or against actual
will of the
Advertiser.
4.4. The Contractor refuses any liability in
respect to quality, security or reliability of the Service,
the Advertiser confirms that
he/she realizes and accepts this refusal. The Contractor does not
provide any direct
guarantees or promises related to quality, security and reliability of the Service.
The
Contractor refuses all implied guarantees and declarations including inter alia any
guarantees
on merchantability, correspondence to any aims, property rights, data accuracy
and non-
infringement of rights. In case the Advertiser is not satisfied by the Service the
Advertiser is entitled
to terminate the Service consumption and dissolve the Agreement in
accordance with clause 12.1.
hereof, and such dissolution is the only and exclusive means
of legal protection of the Advertiser.
5. Data Privacy
5.1.
The Privacy Policy and Data Processing Addendum are published on the Official Website
and
constitute an integral part of the Agreement.
5.2. All information on the
Contractor, Service, Software and Official Website that becomes
known to the Advertiser is
considered confidential.
6. Children's Privacy
Advertiser
represents and warrants that it will not use the Service in connection with children under
16 years of age; or enable the Software to collect any Prohibited Data. "Prohibited Data" means
(i)
data that Advertiser knows or should know to be directed or targeted to children or are
used by a
substantial or disproportionately high ratio of children, where the children are
under 16 years of
age; or (ii) data where its use is legally prohibited, because consents
have not been obtained or
because other necessary measures have not been taken.
7. Applications by the Advertiser
7.1. All applications, addresses and
decisions of the Advertiser on the amendment of Service
provision order provided such
amendments are allowed shall be conducted via the Account and
related sections and fields
on the Official Website.
7.2. The Advertiser shall keep secret and abstain from
releasing identification data used for
Account management to any third persons. All actions
conducted via the Account are recognized
conducted by the Advertiser, in particular if such
actions entailed debiting the Personal Account or
other additional or unforeseen
expenses.
8. Contractor's Liability Limitation
8.1. The
Parties agreed that legal liability of the Contractor is limited as follows: neither the
Contractor, nor any affiliate companies, branches, employees, shareholders, suppliers, directors
or
other persons connected to the Contractor shall bear any joint liability for the
following: a) any loss
above the amount equal to the twofold amount of the latest payment
of the Advertiser; b) any
specific, accidental, indirect, exemplary or subsequent loss,
loss of possibility to use, loss of profits
or loss of data or profit in respect to the
Advertiser or any third party in consequence of use of the
Service. Such liability
limitation constitutes one of the foundations of the Agreement concluded
between the
Contractor and the Advertiser, in the absence of which the Agreement would not be
concluded
or the conditions for the Service provision would be different.
The given liability
limitation shall be applied regardless of the fact that
1) a complaint is filed in
accordance with the Agreement, civil offence, legal act or any other
legal opinion;
2) the Contractor is aware or shall be aware of the possibility of such losses;
3) limited legal remedies stipulated in the given section fail their essential purpose.
8.2. Provided that the scale of liability limitation stipulated in clause 8.1 hereof
exceeds the
minimal scale of liability limitation determined by the applicable legislation,
such minimal scale of
liability limitation determined by the applicable legislation shall
prevail.
8.3. The Contractor shall not be held liable for use or provision of
inadequate information at
registration on the Official Website, and in case such facts of
inadequate information use are
established, the Contractor is entitled to cease rendering
of the Service. The above mentioned
liability limitation of the Contractor shall be
extended to the person that provided the inadequate
information, as well as to the person
whose data was provided (the liability before such person shall
be held by the person who
provided the information in respect to the other person).
9. Liability of the
Advertiser
9.1. The Advertiser shall bear full and unlimited liability for due
execution of the obligations under
the Agreement including liability for:
a.
compliance with the Rules of Service, Privacy Policy and Data Processing Addendum;
b.
self-sufficient and complete execution of payments;
c. activities not specified in
the Agreement but able to inflict damages on business reputation
of the Contractor or
otherwise infringe business conditions of the Contractor.
d. other damages or losses
inflicted on the Contractor provided they are directly or indirectly
connected with actions
or inactions of the Advertiser, or failure to comply with his/her direct
or implied
obligations.
9.2. Prohibited Content. The Advertiser is fully responsible for
the content of the Advertisements he provides through the Application Form. The Advertisements
shall not include the prohibited content which include but not limited to:
a. Online
dating sites offering adult meetings;
b. Exploitation and sexualization of
minors;
c. High-risk investments, rapid enrichment schemes and financial
pyramids;
d. Promoting illegal activities;
e. Drugs, digital drugs;
f. Knowingly false information;
g.
Online pharmaceuticals;
h.
Pornographic and erotic materials;
i. Magical services;
j.
Nicotine-containing substances and tobacco products;
k. Weapons and explosives;
l. Webcasts dating sites, web modeling;
m. A call to join religious groups and
participate in religious ceremonies;
n. Intentional self-harm, mutilation, suicide
propaganda;
o. The spread of the illicit trade in human organs;
p. Escort
services;
q. Goods and services against human rights and freedoms;
r.
Publications containing hostile statements or attacks on an individual or organization based on:
s. Publications containing a direct or hidden context of threat, harassment and
violence;
t. Hate speech, criminal or terrorist related content;
u.
Mentioning of events or customs that cause harm to a person in a degrading, unfriendly or
offensive manner;
v. Content related to hacking into computer systems and
programs.
Despite the fact that the Contractor is not able to check the content of each
Advertisement, the
Advertiser has, in its sole discretion and without any liability, the
right to deny any Advertisement
that includes or based on any prohibited or illegal
content.
9.3. The Advertisements shall be free from any spy- or malicious software
and comply with the
terms and conditions under this Agreement.
9.4. The
Advertiser will defend, indemnify and hold the Contractor or its affiliates and
representatives harmless from any damages, liabilities, costs, and expenses (including
attorneys'
fees) resulting from any claim, judgment or proceeding brought by a third
party
10. Force majeure
10.1. The Parties are exempt from
liability for partial or entire failure to perform their obligations
under the Agreement
provided such failure resulted from impediment of extraordinary nature that
occurred after
the Agreement had been concluded. Such impediments of extraordinary nature
include
exclusively the events beyond control of the Party and the Party is not responsible for
their
emergence, or is not able to avoid or overcome them, in particular floods, fires,
earthquakes,
volcanic eruptions, tsunami, accidents of anthropogenic nature, national
strikes, international
agreements prohibiting operations subject to implementation within
the framework of the
Agreement, actions (inactions) of state institutions and (or) state
officials, illegal activities of third
persons. The circumstances eliminating liability
from the Party include governmental regulations or
decrees of state institutions that make
compliance with the obligations by the Parties impossible.
10.2. The Party invoking
impediment of an extraordinary nature shall inform the other Party in
writing within 5
(five) days on such impediment of extraordinary nature and prove its emergence
with
official documents of the relevant chamber of commerce and industry or another competent
institution of the relevant country.
10.3. Provided that any of the above-mentioned
in clause 10.1 hereof impediments directly affect
fulfillment of obligations in due term
stipulated in the Agreement the said term shall be postponed
commensurably for the term of
the relevant action validity.
11. The Applicable Law and Dispute
Resolution
11.1. Under the agreement of the Parties the applicable law shall be
the law of England and it
shall be applied in respect to:
a. the Agreement, its
validity, amendment and termination;
b. Obligations of the Parties stipulated by the
Agreement, as well as those directly not mention
in the Agreement but connected to it and
presumed in connection with execution of the
Agreement;
c. Disagreements and
disputes of the Parties in connection with execution of the Agreement.
11.2. The
Parties shall aspire to resolve any disagreement by negotiation and accord. However,
be it
impossible, on the initiative of the plaintiff any dispute shall be filed for settlement to
the
International Arbitration Court at the Belarusian Chamber of Commerce and
Industry.
12. Termination
12.1. The Advertiser is entitled to
refuse to execute the Agreement and to use the Service upon
notification of the Contractor.
In case the Advertiser withdraws from the Agreement while the balance of his Personal Account is
positive, the Advertiser acknowledges that he may not request a refund from the Contractor.
12.2. The Contractor is entitled to withdraw from the Agreement at any time upon
notification of
the Advertiser, provided that:
a. the Advertiser breached
conditions of the Agreement, Privacy Policy, Data Processing
Addendum or the Rules of
Service;
b. The action or inaction of the Advertiser inflicted damage or losses on
the Contractor;
c. The Advertiser breached the requirements on non-disclosure of
confidential data stipulated
in the Agreement.
Provided that the
Contractor withdraws from the Agreement under the conditions stipulated herein,
a. The Contractor shall not refund the amounts remaining on the Personal Account.
b.
The Agreement shall be considered terminated from the date the Contractor notifies the
Advertiser about withdrawal from the Agreement.
12.3. The Contractor is
entitled to withdraw from the Agreement at any time upon notification of
the Advertiser,
including cases when such withdrawal is not connected with any breaches
committed by the
Advertiser.
