(1) General, Contracting Party
(1.1) The contracting parties of this contract are the website host, referred to as the customer from this point onwards, and WebCom Consulting OG, based in 3426 Muckendorf, Schulgasse 58, FN 346911p, LG St. Pölten, referred to as WebCom Consulting from this point onwards.
(1.2) The customer commissions WebCom Consulting to optimize the advertising revenues on the internet sites named by the customer.
(1.3) The customer confirms that the internet sites from (1.2) are in his or her possession and that he or she therewith does not violate the rights of a third party.
(1.4) WebCom Consulting provides a plugin for the customer, which has to be installed on the webserver of the customer. WebCom Consulting provides the assistance necessary with the installation process.
(1.5) The plugin searches the website for content, for which commission revenue can be accrued with partnering companies. This content will be marked in such a way that it can be transformed into commission revenue for the benefit of the customer.
(1.6) WebCom Consulting acts as an agent for the customer and forwards 70% of commission revenue to the customer.
(1.7) There are no costs to the customer and no additional banner ads will be displayed.
(1.8) The customer agrees to upload the latest version of the plugin onto his or her server for any necessary updates.
(1.9) The customer undertakes to identify the advertising as such in accordance with applicable laws in his country.
(2.1) The payment of the confirmed commissions occurs on the tenth of the subsequent month, as long as the account balance exceeds the value of EUR 50.00. Commissions are confirmed as soon as they appear on the bank account of WebCom Consulting.
(2.2) Customer can choose between payment via bank transfer or PayPal. Charges are at the expense of the customer.
(2.3) Currency fluctuations can affect the payments from affiliate partners to WebCom Consulting as well as the payments from WebCom Consulting to the customer. We transmit these fluctuations, whether their effects are positive or negative. Our base currency is the Euro.
(2.4) WebCom Consulting is released from commitment of payment if the listed account does not exist or if it belongs to another person.
(2.5) WebCom Consulting provides the customer with a platform (customer account) where the customer is informed of his or her current account balance as well as of open commissions that have not yet been confirmed.
(2.6) The account balance and the payment are considered valid as long as the customer does not contest in writing or by email the information provided within a month after payment or after notification regarding the account balance.
(2.7) If payment fails for whatever reason, the balance disappears after three years.
(2.8) Balances can only be transferred to a third party with the agreement of WebCom Consulting.
(3) Rewards program
(3.1) The customer can increase his or her revenues by placing new costumers with WebCom Consulting.
(3.2) The customer receives 10% of all commissions generated by each new customer.
(3.3) The bonus generated by this rewards program will be credited to the customer’s account as soon as the payment to the new customer is made. The subsequent payment occurs in agreement with (2).
(4) Contract duration
(4.1) The contract duration is set for an indefinite period of time. It begins with the installation of the plugin.
(4.2) The customer can cancel the contractual relationship at any time by sending an email to mail(at)webcom-consulting.at. From this moment onward the payment period is terminated and the plugin is to be deleted by the customer. If applicable, rewritten links have to be rewritten again, independently.
(4.3) WebCom Consulting can terminate the contract on the last day of the month, after honoring a 14-day notice period.
(4.4) The customer agrees to protect the intellectual property of WebCom Consulting even after the contractual relationship has ended.
(5) Intellectual property
(5.1) The intellectual property of WebCom Consulting consists of the plugin, more specifically the content of the plugin which optimizes advertisements in a particular way.
(5.2) The customer is prohibited from passing along the plugin, as well programming the plugin in another form by himself. This provision is valid for the individual customer as well as for the transmission to a third party.
(6) Data Privacy Protection
(6.1) WebCom Consulting is committed not to share the customer’s data with a third party without the customer’s approval as well as to use the data only for internal purposes unless WebCom Consulting is obligated by law to transmit the information.
(7.1) WebCom Consulting is not liable for insufficient reliability, breach of contract, or any other mistakes of the partner companies.
(7.2) WebCom Consulting is not liable for the content of foreign outside sites. WebCom Consulting also is not liable for the links established by the customer, especially when these violate another’s rights. The customer is obliged to report any violation of rights to WebCom Consulting.
(7.3) The customer is committed to honor the terms of contract of the partnering companies and to avoid or prevent any attempts at manipulation.
(8) Other regulations
(8.1) The customer’s claims with WebCom Consulting can only be settled if WebCom Consulting acknowledged these claims or if these claims have been deemed legally valid.
(8.2) In the case that any provisions of this contract become wholly or partially invalid, then the remaining regulations remain valid, interpreted in the economically most advantageous way.
(8.3) Only Austrian law applies, under explicit exclusion of all international legal regulations, especially the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Austria / St. Pölten.
(8.4) In case of differences in the translation, the German version of the website preveils.
(8.5) Other than these general terms and conditions there are no agreements. Changes to these terms and conditions as well as non-compliance with any of the regulations can only be effected in written form.