Terms and Conditions (hereinafter "GTC")
Company: Netera Systems s.r.o.
Prague 3, Vinohradská 2029/124, ZIP 130 00
Reg. No.: 242 26 726
VAT ID No.: CZ24226726
directed by Radek Maliník, Vladimír Dvořák and Luděk Brůček
The company is registered in the business register of the Municipal Court of Prague under C 190493.
bank details, acct. no.: 2107365228/2700
we pay VAT
technical support: Jan Boháč
tel./e-mail: +420 736 412 292, firstname.lastname@example.org
(hereinafter “Netera Systems”)
I. Introductory provisions
- The company Netera Systems is a legal entity that deals with providing complex m-payment services, premium rate and marketing text messages, development of applications using text messages, MMS, web browsers and WAP. Netera System sends both SMS and MMS with a marketing or business character, using their own database or the client's database from the telephone operator.
- The company Netera System specializes primarily on m-payment services. This includes full technical support of payments via telephone within payment gateways of all domestic operators: T-Mobile, O2 and Vodafone (hereinafter “telephone operators”). Payments most often regard to fees for small services, products, tickets, medical fees, access to web pages, entertainment, downloading music, games, films, etcetera.
- Telephone payment (hereinafter “m-payment”) is a payment method allowing clients of all telephone operators to pay for products or services through the internet, mobile internet or WAP. Into the client's pages, Netera Systems implements a payment gateway that is integrated in the system of telephone operators. The payment gateway may be simultaneously implemented into mobile pages of partners.
II. Subject of the GTC
- The subject of these GTC is to define the relationship between Netera Systems and a partner in the operation of telephone payments (m-payments), which allows public telephone network users to make payments using their mobile devices. For this purpose Netera Systems has access into the systems of all telephone operators in the Czech Republic.
- For the duration of the contract, Netera Systems bind to provide their partner with the m-payment service, as definded in the introductory provisions and in previous paragraphs. The partner agrees to pay for the servise a commission of 5% of each such provided transaction, re-calculated into Czech crowns (according to the current exchane rate), and the VAT rate, unless the contract or price list state differently. The transaction is understood as the m-payment for goods or services by a third party, a partner's customer and the telephone network user (hereinafter reffered to as "participant"). The partner will be connected to the interface in aplication programming, allowing him to provide access to mobile payment gateways for the participants. Specifications on the interface of the application is listed in the annex no.1 of the GTC. The partner acknowledges that mobile operators are providers of mobile payment gateways and have the right to refuse to carry out a participant's payment transaction, especially due to lack of funds in the prepaid telephone account.
The partner binds to pay an individual connection fee in favor of Netrea Systems for providing the service according to the price list. Other, additional services beyond the contract, may be ordered via telephone, e-mail or in any other convenient way and are charged according to the price list.
- Once the participant carries out his payment of the fee for the specific good or service, the entitlement to obtaining the commission in accordance with these GTC is created. Once the transaction has been made, participants possible future reclamation or the withdrawal from the contract binded with the partner, does not affect the entitlement of Netrea Systems to the full transaction commision.
- Commissions and VAT will be payed accordingly to the monthly billing at the end of each month. The billing will be sent to the partner the 10th day of the month after the month that is subject to the billing in the form of a proper tax document (hereinafter “bill”). Netrea Systems will provide the biiling within 21 days and then inform the partner about the payment recieved for the carried out transactions after subtracting VAT and commission rates. Only noncash payments by transfer will be made in favor of the account listed in the contract.
III. The rights and duties of contracting parties
- The company Netera Systems is particularly obliged to:
- Ensure nonstop technical support via telephone and during larger complications assign a technican, that will arrive to the business establishment immediately (within 24 hours).
- Establish a virtual, internet accessible account in favor of the partner where the accepted transactions will be listed along with the commisiion rate and current billings with other necessary information.
- Pay the partner a penalty of 0.05% for each day of delay with the dividend of the billed amount.
- The partner is particularly obliged to:
- Inform Netera Systems (technical support) about potential defects.
- Place a supplied roll up at the business establishment - a banner with a stand (around 1x2m) and place a sticker informing about the m-payment option on all automats or practice other forms of advertising according to a future agreement.
- Cooperate in accomplishing the purpose of the Contract and GTC.
- The partner acknowledges, as stated above, that any complaints of participants or withdrawl of participants from the finished contracts with a partner does not affect the right of the company Netera Systems to demand a full commission if the transaction has been made.
- The partner is obliged in his business conditions (in case of e-shops visibly placed on the website) to inform his clients about the process of reclamation including a link to his return order
V. Duration of the contract relationship
- Unless the Contract states differently, the contractual relationship is concluded for an indefine period of time with a notice period of three months to the end of the calendar quarter. The notice period begins on the first day of the month following it´s delivery to the other contracting party and should be given a date when it should end.
- The contract may be terminated by the agreement of both parties.
- The partner agrees that for the duration of the contract and within one year after the contract he will not finish the same or similar contract with a third person whose subject is to provide or secure m-payments or similar payment methods.In case of breach of this obligation the partner agrees to pay the company Netera Systems 500,000 CZK (five hunder thousand Czech crowns) for every breach. This penalty is payable within 15 days after the payment call. The claim for damages exceeding the contractual penalty is not by this understanding of this contractual pentalty prejudice.
VI. Consent to the processing of personal data
- The partner and participants agree, that the company Netera Systems will use their personal data obtained in connetion with the contractual relationship and registration (eg. the data provided in the registration and order form) for marketing and business purposes and for this purpose may disclose to third parties cooperating with Netera Systems to ensure marketing activities, all this while respecting the laws in force, especially act. no. 101/2000 Coll., on personal data protection, as amended. Details of electronic contacts may be used for spreading business information in accordance with the act no. 480/2004 Coll.
- Your consent with saving and processing personal data may be withdrawn at any time by sending an email message to the address email@example.com
VII. Final provisions
- These GTCs take effect 1st January 2013 and thier amendments published on the company's website Netera Systems. Newer GTCs cancel conditions previously issued. In the event that a certain part of these GTCs were for any reason invalid or unenforceable, it does not affect the validity or effectiveness of other parts.
- The term Contract with a capital letter is understood to be a contract between Netera Systems and their partner. Unless stated otherwise (in the Contract), these GTCs apply to mutual relations, which may further clarify certain parts of the Contract and the conditions under which the company Netera Systems seals it. It also contains several other provisions that are expressly untreated in the Contract.
- All legal relations between Netera Systems and their partner are administered by the Commercial Code. Legal relations are governed by Czech law and any disputes arising from the contract will be taken care of by the District Court for Prague 3, eventually by the Municipal Court in Prague (under subject-matter jurisdiction).
- The contracting parties agree that for the entire duration of the contract, as well as after its completion, will maintain secrecy about its content under a contractual penalty of 100,000 CZK. The contracts are considered to be confidential by the participants.
- The contracting parties deliver documents by mail or postal services to the addresses that are known to them. By this it is manditory for the contracting parties to inform the other side about their addresses. If they fail to do this, the documents will be sent to the last know address.
- The current price list will be available in a smiliar way as the GTC.