|  General
Conditions of Business INET-CASH
Contents:
I. General Conditions
II. Special Conditions for Individual Products
A. Affiliate-Cash
B. Member-Cash
C. Voice-Cash
I.
General Conditions
1.
Contract partners, contractual object
The contract partners are the WEBMASTER, hereafter called
WEBMASTER, and RK
Medienverlags GmbH with registered office in Hamm/Westphalia,
Germany, and recorded at the local court in Hamm
under HR B 1773, hereafter called
INET-CASH.
WEBMASTERS are all providers of Internet content that charge for
their offerings through the service of INET-CASH or take part in
the Affiliate-Cash process of INET-CASH (see. item. II A).
INET-CASH is a provider of payment and communication
systems in the digital data network, through which payment for
Internet offerings can be settled with final customers by way of
various payment possibilities.
With this agreement, the WEBMASTER and INET-CASH enter
into cooperation for the integration of online payment systems
of INET-CASH or the opportunity to participate in the
Affiliate-Cash process.
2.
Relationship between the parties
2.1
Both parties operate their Websites independently of each other
and are alone responsible for their Websites with regard to
technical matters, content and design.
2.2
This agreement does not found a company or cooperative, nor does
it establish an employment relationship or a commercial agency
contract between the parties.
2.3
None of the parties is entitled to act in the name of the other
party and/or accept offers or make declarations for the other
party.
2.4
The WEBMASTER assigns its claims against the customers of its
online offering to INET-CASH. INET-CASH will therefore settle
payment of the sales revenues owed by customers in its own name.
A collections business beyond this is not performed by INET-CASH,
but can be carried out separately through a service provider.
2.5
The WEBMASTER bears, regardless of fault, the risk from all
charge-backs and abuses that arise in connection with payment
settlement by INET-CASH of the revenues the WEBMASTER'S online
offering generates. INET-CASH is entitled to return all such
claims to the WEBMASTER and charge back such amounts that may
have already been paid out.
3.
Registration
3.1
Registration and participation in the INET-CASH system is free
of charge.
3.2
There is no legal entitlement to acceptance into the INET-CASH
system.
3.3
The WEBMASTER'S registration is considered to be an offer as
defined by §§ 145 ff. of the German Civil Code. INET-CASH is
entitled to accept the registration by switching on the access
data. Participation in “Affiliate-Cash” starts when these access
data are switched on. The start of participation in all other
INET-CASH products is derived from the special conditions of
these offers.
3.4
Registration with false documents, under a false name, or under
invalid or false e-mail addresses results in immediate
termination of the agreement by INET-CASH. In such case, INET-CASH
is entitled to demand from WEBMASTER compensation for the costs
arising up to cancellation.
3.5
With its registration, each WEBMASTER confirms that it has read
and accepts these General Terms and Conditions of Business.
4.
Payments by INET-CASH to the WEBMASTER
4.1
The settlement period in each case is one full month.
4.2.1
Settlement is made 25 days after the end of the month and is
measured by the revenues actually realized in the settlement
period. WEBMASTER shall submit in writing (by letter or fax) any
objections to the amount of the payout within 15 days after
settlement. Failure to submit timely objections is considered as
approval.
4.2.2
If the settlement has a negative balance, the WEBMASTER undertakes to settle this amount within at most 20 days
after the end of the settlement period.
4.3
INET-CASH is entitled to withhold the payment if the Webmaster
is “in minus” in the current month or its payout minimum is not
exceeded. In this case, the positive or negative balances will
be carried forward to the next month.
4.4
All revenues and commissions are presented to the WEBMASTER in
the “online settlement statistics”.
4.5.
The chargebacks and the INET-CASH fees (listed under http://www.inet-cash.de/neu/fees.asp) are charged with the settlement and offset
against the WEBMASTER'S claims (revenues, commissions, sharings).
4.6.1
For the "bank collection" payment type, 2.5%
of the revenue from these payment type is withheld from the
offerer (not Affiliate-Cash) ("holdback"). The withheld holdback will be released in the
7th month after its withholding.
4.6.2
For the "credit card" payment type, 10.0%
of the revenue from these payment type is withheld from the
offerer (not Affiliate-Cash) ("holdback"). The withheld holdback will be released in the
7th month after its withholding.
4.6.3
For the "voicecall/dialer" payment type, 10.0%
of the revenue from these payment type is withheld from the
offerer (not Affiliate-Cash) ("holdback"). The withheld holdback will be released in the
7th month after its withholding.
4.7
Revenues received subsequently from reversed amounts will be
credited back to the WEBMASTER.
4.8
INET-CASH is entitled to make use of other service providers to
carry out the online payment systems. If such service provider
does not make the payments due to INET-CASH, regardless of the
legal foundation, INET-CASH is entitled to withhold payment or
demand back from the WEBMASTER payments already made.
4.9
The WEBMASTER is required to properly pay taxes on the payments
received from INET-CASH.
4.10
Receipts from the use of Voice-Cash (service telephone numbers)
are billed with value added tax added if the WEBMASTER is
required to pay sales tax and submits a valid business
registration to INET-CASH. All other revenues and commissions
are billed with value added tax included.
4.11
If the “check” payout type is chosen, an amount of EUR 5.00 per commission settlement is retained (cheque fee).
4.12
We refer to the table in our Websites regarding the payout
minimum as well as any processing fees per commission settlement
– in particular in view of whether the WEBMASTER has its bank in
Germany or abroad.
4.13
The online settlement statistics are maintained in euros.
5. Obligations of the WEBMASTER
5.1
The WEBMASTER is responsible for the development, operation and
maintenance of its own Website. This also applies for all
material that appears on its Website.
5.2
The WEBMASTER promises to design the page content in accordance
with the laws valid in the respective country and to comply with
these laws. In particular, the WEBMASTER guarantees that it does
not offer any illegal content, such as child or animal
pornography, propaganda material or symbols of
anti-constitutional organizations, etc. “Netiquette” will also
be observed.
5.3.1
The WEBMASTER will also ensure that the material presented on its Website does not show any material of persons under 18. Material free of sexually explicit content is exempt from this (prior validation audit through the INET-CASH-Support). In addition to this, with persons of 18 years of age, the WEBMASTER ensures that the impression is not given through references on any page in the internet or through another source that the person in question is under 18.
5.3.2
The Webmaster will ensure that he make use with the term "teen" only in addition with the appendix "18".
5.3.3
The Webmaster will ensure, that he doesn't make use of terms in his URL/Website which describes a criminal act
(e.g. rape or murder etc.)
5.3.4
The WEBMASTER will accept the "Content Acceptance Policy(EN)" and will ensure to comply with this policy at anytime to its full extend.
5.4
The WEBMASTER will also ensure that the material presented on
its Website does not breach the rights of third parties
(including, for example, copyright and trademark rights, general
rights of personality or other rights) and is neither insulting
nor slanderous nor in any other way illegal.
5.5
In particular, the WEBMASTER promises to respect the privacy of
third parties, refrain from making any unsolicited mass mailings
and not send any unsolicited advertising (e.g. spam mail, mass
of popups). This holds
both for its own offer and the offers of third parties.
5.6
In addition, the WEBMASTER will ensure that no confusion or
danger of confusion with INET-CASH or another WEBMASTER
connected to the system will arise due to the material presented
on its Web site.
5.7
If there
is a violation of the above-named points (5.2 to 5.5), INET-CASH
is authorized to immediately block the account of the WEBMASTER
involved. In this case, the WEBMASTER loses all claims for
payment of revenue or commissions. INET-CASH further reserves
the right to press charges and claim compensation for damages.
5.8
In addition to this – and to the exclusion of the continuation of offence – the WEBMASTER must pay a contractual penalty of € 5,000 (in words: five thousand euros) to INET-CASH for every infringement of Items 5.2 to 5.5. The assertion of claims for compensation is not precluded by this. INET-CASH is entitled to offset the contractual penalty against sales and/or commissions which have not yet been taken into account.
5.9
The WEBMASTER promises that the operation of its Website will
fulfill the above requirements in their entirety. It will
indemnify INET-CASH against any claims by third parties if the
claim is connected with the operation of its Website or with the
act or omission of itself or its agent, employee, contractor or
assistant, or is otherwise ascribed to it.
6.
Limit of liability
6.1
INET-CASH is liable for damages caused intentionally or through
gross negligence.
6.2
INET-CASH rejects and excludes liability for damages caused by
simple negligence not pertaining to breach of any material
contractual duties, harm to life, body or health, or guarantees,
or claims under the Product Liability Act. The same applies to
violation of duties of the assistants of INET-CASH. If INET-CASH
negligently violates a material contractual duty, compensation
is limited to the damages that would typically arise. Claims for
compensation of economic loss are excluded from the outset.
6.3
If nothing else results from the above stipulations, the
liability of INET-CASH (e.g. for lost profit, loss of data or
interruptions or errors in the operation of the WEBMASTER'S
Website) in connection with this agreement is excluded,
regardless of the legal foundation. If the liability of INET-CASH
is excluded or restricted, this also applies to the personal
liability of employees, representatives and assistants.
7. Exclusion of liability
7.1
INET-CASH does not make promises beyond the agreed contractual
object.
7.2
Further, INET-CASH does not guarantee that the operation of its
Website will be uninterrupted and error-free. INET-CASH accepts
no liability for the consequences of any interruptions or errors
for which INET-CASH is not responsible.
8.
General
8.1
If these stipulations require the written form, the parties
stipulate that the written form is provided by letter or fax,
unless agreed otherwise.
8.2
Changes of address, e-mail address and bank information, if
applicable, will be reported in writing to INET-CASH
immediately.
8.3
Forwarding or publication to third parties of access data is
prohibited.
8.4
The WEBMASTER is aware and agrees that the data submitted by it
are stored and further processed using electronic data
processing in compliance with the applicable data protection
law. The data are used by INET-CASH exclusively for payment
settlement purposes. After completion of its participation in
INET-CASH, the WEBMASTER'S data are deleted in accordance with
the applicable German Data Protection Act if storage of the data
is not required for payment settlement purposes. The data will
not be forwarded or sold to third parties for advertising
purposes.
8.5
The WEBMASTER is prohibited from transferring to third parties
the usage rights for the settlement systems provided by INET-CASH.
9.
Duration of contract, cancellation
9.1
This agreement is made for an indefinite time. However, INET-CASH
can delete WEBMASTERS from the INET-CASH system if the WEBMASTER
has not made any sales and has also not procured a WEBMASTER
during the last 6 months (whereby the procured WEBMASTER must
also fulfill this criterion).
9.2
The agreement can be contractually terminated by the WEBMASTER
and INET-CASH at any time effective at the end of the month if
the termination is received by the respective party 10 days
before the end of the month.
9.3
Both sides have the right of extraordinary termination for
cause.
9.4
Grounds as defined by item 9.3 are, for example, the violation
of significant stipulations of these General Terms and
Conditions of Business, acquisition of services by devious means or sending of spam mails.
9.5
An additional ground as defined by item 9.3 is a high ratio of chargebacks
by creditcard transactions (over 1.0%, of the revenue or number per transactions). INET-CASH is entitled,
but does not promise, to suggest alternatives to this
extraordinary termination (additional security caracteristics as
for example: a callback and/or increasing the fees).
9.6
Termination shall be made in writing (by letter, fax, or
e-mail).
10. Consequences of termination
10.1
All rights of use of the payment settlement systems, displays,
messages or other presentations provided by INET-CASH that are
granted to the WEBMASTER under this agreement expire with
termination of this agreement.
10.2
The WEBMASTER'S entitlement to commission payment or payout of
the revenues collected exists only for the duration of the
agreement.
10.3
Commissions or revenues received up to the time of contract
termination remain owed. This does not apply if revenues cannot
be realized or the WEBMASTER violates item 9.4. If revenues
remain owed, INET-CASH is entitled to withhold the final payment
to the WEBMASTER for a reasonable time period of 6 months.
10.4
Offset claims in connection with the termination of this
contract are excluded.
10.5
Those stipulations of this contract that – by their nature –
require validity even after termination of this contract
continue in force.
11. Change to the contract
11.1
This agreement definitively expresses the content of the
contractual agreements between the parties and replaces any and
all previous agreements between the parties with respect to the
contractual object.
11.2
Side agreements, including oral ones, have not been made.
11.3
INET-CASH has the right to change or supplement these General
Conditions at all times and without prior notice. The parties
agree that a reference in the internal area to changed General
Terms and Conditions of Business is tantamount to a notification
of change. The changed or supplemented conditions are considered
accepted if the WEBMASTER does not object within 10 days of
receipt of the notification of change. If the WEBMASTER does not
agree with the new version of the General Terms and Conditions
of Business, it is obligated to terminate the contract with INET-CASH.
12. Separability clause
12.1.
If a stipulation of this contract is or becomes wholly or
partially ineffective or infeasible, the parties promise to
replace the ineffective or infeasible stipulation with other
effective or feasible stipulations that, in their economic
effect, come so close to the ineffective or infeasible
stipulation that it can reasonably be assumed that the parties
would also have signed the contract with this stipulation.
12.2
The ineffectiveness of individual stipulations does not affect
the remaining stipulations or the effectiveness of the entire
contract.
13. Applicable law, jurisdiction
13.1.
This agreement and all obligations resulting from it are subject
to the substantive and procedural law of the Federal Republic of
Germany.
13.2
Exclusive jurisdiction for all actions arising from or in
connection with this contract is – if legally permissible – with
the court in Hamm/Westphalia.
II. Special Conditions for Individual Products
A.
Affiliate-Cash
1.
Special contractual object
1.1
The special contractual object is the voluntary switching on of
electronic advertisements for non-free offers of other
WEBMASTERS of INET-CASH. These “other WEBMASTERS” are
hereafter called “COOPERATION PARTNERS”. The stipulations of II.
A. items 4.1 and 4.2 apply in particular for the COOPERATION
PARTNERS.
1.2
Instead of a fixed remuneration, the WEBMASTER receives a
success-based commission (in accordance with the commission
percentages published on the “Affiliate-Cash” Website), which
depends on the revenue actually earned due to a connection, made
causally and directly, to the Website of the COOPERATION
PARTNER. INET-CASH makes no guarantee for the payment of
commissions when the customer revisits the Website of the
respective COOPERATION PARTNER in a way other than through the
link provided by INET-CASH. But INET-CASH will undertake all
efforts to have the WEBMASTER participate in future revenues of
the customers as well.
1.3
Customers that use services or acquire products through the set
link are customers of the COOPERATION PARTNER. A separate legal
relationship exists between the customer and the respective
COOPERATION PARTNER.
1.4
In addition, the supply and contract conditions of the
COOPERATION PARTNERS of INET-CASH apply. INET-CASH provides
services only on assignment of these providers.
2.
Links
2.1
By means of the links provided by INET-CASH, the WEBMASTER
creates a connection from its Website to the Website of the
COOPERATION PARTNER.
2.2
The correct technical integration is the responsibility of the
WEBMASTER. This alone makes a correct allocation of customer
revenues by INET-CASH possible.
3.
Payout
3.1
Commission settlement and payout is performed centrally by INET-CASH
on assignment of the COOPERATION PARTNERS and refer generally to
the billed and realized revenue.
3.2
INET-CASH is not liable for commission, compensation or other
claims of the WEBMASTERS arising when one of the COOPERATION
PARTNERS connected to the INET-CASH system is unable to pay.
3.3
If INET-CASH depends on payments of the COOPERATION PARTNER for
payment to the WEBMASTERS of the respective COOPERATION PARTNER,
payment is made to the WEBMASTERS only when the moneys to be
paid for the completed month have been received in the INET-CASH
account not later than 20 days after the end of the month.
3.4
In addition, the points listed under I. item 4 apply.
4.
Change of terms and conditions of the COOPERATION PARTNERS
4.1
A change in the commission rates can only be made effective the
following month.
4.2
In clarification, it is agreed between the COOPERATION PARTNERS,
INET-CASH and the WEBMASTER that a change in the commission
rates shall not affects the other rights and duties recorded in
these stipulations.
4.3
It is likewise agreed that the WEBMASTERS connected to INET-CASH
are WEBMASTERS of INET-CASH. A forwarding of Webmaster data is
at the free discretion of INET-CASH and is limited exclusively
to marketing measures of the COOPERATION PARTNERS and the e-mail
addresses of the WEBMASTERS.
B.
Member-Cash
1.
Special contractual object
The special contractual object is payment settlement through
INET-CASH of revenues generated with the customer by the
WEBMASTER. After successful payment, the customer receives the
opportunity to use the desired offering of the WEBMASTER for a
specified period of the day.
2.
General
2.1
Participation in the “Member-Cash” system comes about through an
order placed by the WEBMASTER and its acceptance by INET-CASH.
The WEBMASTER submits the order online by filling out and
sending the form provided in the Internet by INET-CASH. INET-CASH
accepts the order by providing the necessary links in the
internal area.
2.2
INET-CASH provides the WEBMASTER with online administration.
2a. Specials by payment method "credit card"
2a.1
In total there are 2 solutions (A+D) to decide from:
- Solution A: (own credit card merchant account)
- Solution B (not to choose anymore: Alteration of imprint page; other company names on your website are not allowed)
It must be guaranteed that the imprint or contact page has only the company name we specify.
Because of different legal arrangements there is a solution for this using a Swiss company (B1) or an
Austrian company (B2). There will be integration according to our guidelines.
- Solution D (imprint page according to our specifications)
All partners with headquarters in these countries (natural or legal person)
who don't come under solution A or don't want this solution will only be settled by credit card if it is guaranteed
that the imprint or contact page was created according to our specifications.
Your decision, if you wish solution A or D, you make in the member-area of Member-Cash.
2a.2
INET-CASH will impose an extra fee of 1,00 EUR on customers with each new booking (only solution B and D).
2a.3
The WEBMASTER will also ensure that the content is not changed, because doing that would infringe our terms
and conditions or the solution D (Inet-Cash GmbH) or solution B (Swiss/Austrian) classification (Instructions
you find here).
Contraventions will be penalised with immediate disconnection and a penalty of 10,000 EUR in individual cases.
3.
Links
3.1
By means of the links provided by INET-CASH, the WEBMASTER
creates a connection from its Website to INET-CASH. The correct
technical integration is the responsibility of the WEBMASTER.
This alone makes a correct allocation of customer revenues by
INET-CASH possible.
3.2
Customers that use services or acquire products through the link
set are customers of the WEBMASTER. A separate legal
relationship exists between the customer and the respective
WEBMASTER.
4.
Settlement and transaction fee
4.1
For conducting the settlement, INET-CASH receives settlement and transaction fees (look at http://www.inet-cash.de/neu/fees.asp).
In clarification, it is agreed that it does not matter whether the revenues are
realized or unrealized.
4.2
In addition, the points listed under I. item 4 apply.
5.
Chargeback fee
You find our current chargeback fees of each payment type under http://www.inet-cash.de/neu/fees.asp
6.
Settlement of fees
The fees (settlement, transaction and chargeback fees) are
withheld at payout and shown separately beside the billed
revenue.
7.
Chargebacks
7.1
It is standard for INET-CASH to follow up chargebacks.
7.2
INET-CASH provides the WEBMASTER an overview of chargebacks
listing all user data needed for the WEBMASTER to follow up on
chargebacks itself or those data that INET-CASH has.
7.3
The chargebacks from "Voicecall" and "Audio-Pin" are charged with the final customer tariff (without vat) and not with the sharing.
C.
Voice-Cash
1.
Special contractual object
The special contractual object is the settlement through INET-CASH
of the WEBMASTER'S Voicecall and/or Dialer revenues.
2.
General
2.1
Participation in the system comes about through an order placed
by the WEBMASTER and its acceptance by INET-CASH. The WEBMASTER
submits the order online by filling out and sending the form
provided in the Internet by INET-CASH. INET-CASH accepts the
order by providing the necessary links in the internal area.
2.2
INET-CASH provides the WEBMASTER with online administration.
3.
Links
3.1
By means of the links provided by INET-CASH, the WEBMASTER
creates a connection from its Website to INET-CASH. The correct
technical integration is the responsibility of the WEBMASTER.
This alone makes a correct allocation of customer revenues by
INET-CASH possible.
3.2
Customers that use services or acquire products through the link
set are customers of the WEBMASTER. A separate legal
relationship exists between the customer and the respective
WEBMASTER.
4.
Payout
4.1
The WEBMASTER receives as remuneration a fixed share (“sharing
rate”) of each minute logged by INET-CASH. The current sharing
rate is shown on the INET-CASH Website.
4.2
The chargebacks are charged with the final customer tariff (without vat) and not with the sharing.
4.3
It is standard for INET-CASH to follow up chargebacks.
4.4
Otherwise, the points listed under I. item 4 apply.
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