PUBLIC OFFER FOR SERVICES TO VENDORS TRAFICBANK.COM
This document (hereinafter - Offer) determines the order of provision of information services, as well as mutual rights, obligations and relationship between TRAFIC BANK, LLC hereinafter referred to as "Contractor" and a legally capable adult consumer of information services, a user of traficbank.com, who has placed an offer to purchase their goods and/or services (hereinafter - the Vendor) and accepted the Offer. 1. TERMS
The following terms are applicable within the Offer:
1.1 Website - a set of intellectual activity results (software, photos, videos, etc.), located on the Internet under the unique domain name traficbank.com, through which the Contractor provides information services under the Offer.
1.2 Goods - services and/or digital/information products of the Author, which he sells through the Website. Products are divided into the following types: electronic books and manuals, training courses (text, audio and video), paid access to the site (membership), and their subtypes
1.3 Administrator - is an individual, a representative of the Contractor, which has the authority to make decisions on complaints from users of the site. Administrator is guided in its activities internally and is not responsible for the actions of users of the Site, as well as performs preliminary review of material Authors, uploaded to the Site. Communication with the Administrator is carried out by e-mail [email protected]
1.4 Content - the results of intellectual activity that make up the information content of the Site.
1.5 Buyer - a natural person, who has visited the Site and has the intention to purchase or has purchased the Vendor's Goods.
1.6 User - a natural person of legal capacity, 15 years of age or older, registered on the Site according to the User Agreement, available on the Site at https://traficbank.com/agreement-en
1.7 Affiliate - User, the Vendor's representative who has accepted the Affiliate's terms and conditions (Partner System) of selling the Vendor's Goods.
1.8 Account - a personal account (section on the Website) of the User, through which sales of the Goods are managed. Every User gets an Account after registering on the Website. After registering an account the User has a free account which can be changed into another (paid) account at any time in accordance with the conditions specified on the Website in the section "Account Switching" (https://app.trafficbank.com/account/premium
). 2. GENERAL PROVISIONS
2.1 This agreement has the nature of a public offer according to Article 633 of the Civil Code of Ukraine, is the equivalent of a bilateral agreement and in accordance with the current legislation of Ukraine is legally valid from the date of full and unconditional acceptance by the user of the terms of this agreement (the Offer) and its Annexes. This Agreement is public, its terms are the same for all users.
2.2 The addition of Goods on the Website, the purchase of a paid Account, the purchase of paid services of the Contractor indicates the acceptance, i.e. full consent of the Vendor to the Offer.
2.3 The acceptance of the Offer also means unconditional acceptance of the conditions of the User Agreement and all its annexes by the Author, i.e. provisions of the User Agreement are applicable within the Offer.
2.4 The Website is designed for the Authors to post information about their Goods for the purpose of their subsequent sale through their websites. The Site as well as the Contractor is not a payment system within the meaning of the Law of Ukraine "On Payment Systems and Funds Transfer in Ukraine" of April 5, 2001 ¹ 2346-III
2.5 All cash transactions of Authors and Buyers shall be performed through the payment acceptance systems "Interkassa" (https://www.interkassa.com
), "Tranzzo" (https://tranzzo.com
) and others. Acceptance of the Offer means full and unconditional acceptance by the Author of the terms of payment transfer of the specified systems.
2.6. The Contractor has the right to change the terms of the Offer unilaterally at any time. The Author undertakes to familiarize himself with the current edition of the Offer which is always available on the Website at: https://traficbank.com/offer-vendors
. Changes in the Offer come into force from the moment of their publication on the Website. 3. THE SUBJECT OF THE OFFER
3.1 The Contractor renders the following information services to the Vendor, and the Vendor undertakes to accept the services and pay for those that are payable:
3.1.1 Provides information space on the Website for posting information about the Goods
3.1.2 The Contractor may offer the Vendor, at his own discretion and with the consent of the Vendor, a turnkey service for the placement of his Product or Products on the Website. The cost of this service and the possibility of its provision shall be negotiated with the Vendor individually.
3.2 The Contractor has the right to engage third parties to provide services under the Offer, remaining responsible for their actions to the Vendor. 4. ADDING A PRODUCT
4.1 The status of the Vendor is assigned to the User after adding the Product on the Site or after purchasing a paid Account.
4.2 Each Account has restrictions on the number of added Products, Buyers, the maximum possible price of the Products, User has an opportunity to change the type of Account at any time under the conditions specified in the Offer.
4.3 The following actions of the User are obligatory when adding Products on the Website:
-choosing the type of Products;
-Indication of the name of Products;
-indication of the link to the website, through which the Products can be purchased;
-definition of the price of Products;
-selection of the sales status (active sales or suspended sales);
-choosing the parameters of the Partner system;
-definition of the category of the Products;
-Commodity description creation (up to 3000 characters);
-choosing the type of support service (directly through their email address, indicated at registration on the Site, through the link of the User's website to their own support service, or support through the Service Provider's service).
-definition of the parameters of the purchase of Products by the Buyers;
-specifying pages or links to files to which the Buyer will be redirected after paying for the Goods, as well as when refusing to pay for the Goods.
4.4 If desired, the User may also upload an image of the Goods to the Website.
4.5 The link to purchase the Goods shall be placed on the Author's website, otherwise the information on the Goods will not be published on the Website, and the published information on the Goods will be blocked by the Administrator.
4.6. The Author is obliged to place his contact information (phone number, e-mail or other means of communication) on the selling website. In the absence of contact details the Goods can be blocked.
4.7 When placing a product on traficbank.com, the Author is obliged to specify the essence of the methodology promoted by him/her upon request of the moderator. This applies, first of all, to the earning methods - it is necessary to provide information on what exactly the earnings will be based on.
4.8 The Author shall independently choose the parameters of the Affiliate Program, including the percentage of royalties paid to Affiliates when they sell the Author's Products, and shall have the right to change it at any time.
4.9. If the Author, when adding the Goods, indicated the need to enter the Buyer's phone number when purchasing the Goods, the sale of the Goods shall be possible only after the Buyer has indicated the phone number.
4.10. After paying for the Goods, the link to the Goods for the Buyer is active for 48 hours, after which the Buyer will be able to restore it, indicating his data reported when purchasing the Goods (phone number, e-mail address).
4.11. The Author has the right to specify the cost of Goods in Ukrainian Hryvnias, Russian Rubles, Euro or US Dollars. The Executor's commission specified in paragraph 5 of the Offer is added to the cost of Goods specified by the Author.
4.13. Within 24 hours after the User has filled all mandatory characteristics for Goods on the corresponding page of the Website the Administrator checks (moderates) the received information, according to the results of which the corresponding information is published on the Website (adds a Goods to the catalog) or rejects such publication.
4.14. It is prohibited to post information about Goods and Services on the Website:
4.14.1. violating the laws of Ukraine, including international agreements.
4.14.2. does not comply with provisions of the Agreement and common sense.
4.14.3. Constituting malicious computer programs.
4.14.4. infringement of intellectual rights.
4.14.5 Containing information about other Authors and Buyers of the Website.
4.14.6 Containing information about users of the WebMoney Transfer payment system.
4.14.7 Containing software, services or training materials, which provide "spoofing" (autosurfers, autocollectors, autoclickers, etc.).
4.14.8. Containing e-mail addresses and SMTP (POP3) servers (e-mail databases, spam lists, Skype contacts, phone numbers).
4.14.9. which are software designed to collect e-mail addresses or to perform mass mailing of e-mails (to Internet bulletin boards, forums, blogs, etc.).
4.14.10. The name, description of which contains advertising of third-party Internet resources (stores, trading platforms, etc.).
4.14.11. Duplicates the Goods already added to the catalog on the Website.
4.14.12. Provenance and rights to which the Author cannot confirm and the Administrator cannot verify.
4.14.13. Using the Site as an exchange point.
4.14.14. Does not comply with the rules of the Website, performed in poor quality, as well as containing information taken from public sources.
4.14.15. Providing misleading recommendations and reviews of informational goods for a fee to the seller.
4.15. It is forbidden to place information about Goods on the Website, the sale pages (Author's websites) of which are placed on free domains and hosting sites.
4.16. It is forbidden to place at the Site information on Goods with direct promises of fast enrichment and misleading Buyers, as well as information about which does not correspond with reality.
4.17. When placing products or services that are provided to the Buyer not immediately but after a certain period of time after the purchase (webinars, turnkey configuration of something, etc.), the Author shall provide the Moderators with a clear instruction on what the Customer will eventually receive and in what time frame
4.18. Duplicate payment methods and links to sales via third-party payment services are prohibited on the Author's website.
4.19. The TraficBank service has the right to refuse to place a particular product without giving any specific reasons. 5. PAYMENT
5.1 After registration the User is given a "Basic" Account.
5.2 The terms of acquiring paid Accounts are indicated on the Site in the section "Account Switching".
5.3 After the payment the Premium Account is given to the Author for the certain period of time or forever, depending on the chosen rate
5.4 The payment for the Premium Account is not refundable to the Author, if he/she decides not to use the service anymore.
5.5 The Author has an opportunity to refill the balance of his/her Account through the available payment system.
5.6 The Author also pays the Contractor a commission for the sale of Goods, which is 14% (fourteen percent) of the value of the Goods specified by the Author. The commission percentage may be changed by the Contractor, including without notifying the Author
5.7 The commission shall be included in the total price of the Commodities reported to the Buyer. The Contractor accepts payment from the Buyer and transfers to the Author's balance the cost of the Goods, minus the commission. In fact, the funds remain in the Contractor's custody until the withdrawal of funds in accordance with clauses. 5.7.-5.8.
5.8 The funds transferred by the Buyers for the Goods shall be paid to the Author upon request to his electronic wallet in the systems "Qiwi", "Yandex Wallet", "Payeer", "Okpay" or a bank card.
5.9 In order to receive money, the Author shall order their withdrawal in his/her Account or set up "Auto Withdrawal" in the Account.
5.10. The Executor has a right to introduce unilaterally new rates for services under the Offer by publishing them on the Website. The User and/or the Author shall independently familiarize themselves with the new tariffs on the Website.
5.11. Provider has a right to block funds on the User's and/or Author's balance, as well as to apply other sanctions for violations, stipulated by the User Agreement.
5.12. The Executor shall be entitled to make refunds to the Buyer in the following cases:
5.12.1 The Executor has received a justified complaint from the Buyer (in this case, the funds shall be returned to the Buyer by the Executor)
5.12.2 The payment system by means of which the payment for the Goods was made, has made a refund and notified the Executor about it.
5.13. The Author receives information about all returns in the personal office. In the section of the orders the returned order has the status "Rejected".
5.14. The Author is obliged to declare his/her income to the state authorities and to pay the corresponding taxes. The Contractor is not a tax agent of the Author.
5.15. All payments to the Authors under the Offer are made subject to the commissions of the relevant payment systems, services and payment operators. 6. LIMITATION OF LIABILITY
6.1 The Author understands and unconditionally agrees that the use of the services is at the Author's sole risk and that the services are provided to the Author on an "as is" and "as available" basis, namely that the Provider does not represent or warrant that
- the services will meet the requirements of the Author;
- the services will be provided in an uninterrupted, timely, secure and error-free manner;
- any information obtained by Author as a result of using the services will be accurate and reliable;
- defects in the operation or functionality of any software within the Site will be corrected within the time period expected by the Author;
- Any material downloaded or otherwise obtained through the Site is done at the sole discretion of the Author at his/her own risk;
- advice or information in oral or written form received by the Author from the users of the Site and the Buyers or by means of the services does not provide any guarantees not expressly stated in these terms and conditions.
6.2 By accepting the provisions of the Offer, the Author clearly understands and unconditionally agrees that the Contractor shall not be liable to the Author for:
- Any direct, indirect, incidental, special, indirect and punitive damages incurred by the Author in the use of the Site. Such losses include, but are not limited to, lost profits (both direct and indirect), damages to business reputation and other types of intangible damage, loss of data, the cost of purchasing substitute goods or services;
- any losses or damages caused to the Author, including losses and damages resulting from the Author's reliance on the completeness, accuracy or reliability of any advertising information or resulting from the cooperation or transaction between the Author and any advertiser or sponsor, whose advertising materials the Author received as a result of using the Site;
- Breach of confidentiality due to the fault of the Author of the password to the personalized access to the Website;
6.3 The Executor's limitation of liability shall be valid regardless of the fact whether the Executor was aware of the Author's possible damage.
6.4 Placing the Content and/or information about Goods on the Site the Author undertakes to adhere to the legislation of Ukraine and all countries for the citizens of which the Author's goods are intended. If the Author violates the conditions of this paragraph, the Contractor reserves the right to delete any information about the Goods from the Site without a prior notice of the Author.
6.5 By posting information about the Goods, the Author takes full responsibility for the reliability, honesty and timeliness of such information, including, but not limited to, the Author is responsible for
- Compliance of the Goods declared by the Author on the Site with the legislation of Ukraine and all countries for the citizens of which the Author's Goods are intended
- Compliance of the Author's Goods, information about which is published on the Site with the declared quality.
- any material claims of the consumers of the Author's Goods, presented to the Contractor. 7. SANCTIONS. ACCOUNT BLOCKING
7.1 The Contractor shall have the right to unilaterally terminate the Offer with the Author extrajudicially and to terminate its services in the following cases:
7.1.1 If the Buyer, who has purchased the Goods, remains dissatisfied with the purchased Goods and leaves negative feedback, then, if there is no response from the Author, his personal account on the Site and the Goods will be temporarily blocked. If within 1 (One) month from the moment of blocking, the Author does not settle the dispute with the Buyer, or does not return to the Buyer the amount paid for the Goods, the Author is deprived of the right to use services, and the funds from the Author's account in the system will be written off for returns to the Buyer. The Executor reserves the unconditional right to independently make a refund for the sold Goods, for which a negative review (complaint) was left by the Buyer, in case, if within 3 (Three) days after receiving the request of the Administrator Author did not leave a counter comment or did not contact the Administrator. The funds shall be refunded to the Buyer from the Author's personal account in full, including all commissions, to the Buyer's details.
7.1.2 If the Provider reasonably considers that the Author is engaged in unlawful activity, violates the current legislation of Ukraine and any of the countries for the citizens of which the Author's goods are intended and/or international norms.
7.1.3 In case the Author has opened a Partner's Account for the purpose of purchasing other people's goods at a partner's discount for his/her own needs. If such a fact is revealed, the Executor has the right to cancel the transaction for the Goods and block the Author's Account without explaining the reasons.
7.1.4. If the Author fails to comply with the condition of placing a link to sell the Goods on its website within 24 (Twenty-four) hours, the Administrator shall be entitled to block the Goods and/or the Author's Account until the link is added.
7.1.5. If the Author fails to comply with the condition of placing his contact information (phone number, e-mail or other means of communication) on the website, the Goods may be blocked. The Author's data shall be authentic and the Administrator may request documental confirmation. The Administrator may at any time contact the Author by the contact method specified by him. If there is no response via the communication method provided by the Author within 48 (Forty-eight) hours upon the Buyer's or the Administrator's request, the Goods and/or the Author's Account may be blocked.
7.2 The Contractor shall be entitled to impose penalties on the Author in the following cases:
7.2.1 For sending SPAM through the Site's services. For single violation of this paragraph the Administrator shall give the Author a warning; for the second violation he is entitled to impose a fine; for the third violation, as well as in case of receiving a complaint about the SPAM from the provider - the Administrator is entitled to block the Author's Account without possibility of recovery, in this case the funds from the Author's account on the Site are to be written off in favor of the Contractor.
7.2.2 For sending SPAM advertising third party services (websites). For a single violation of this paragraph the Administrator has the right to impose a fine, for a repeat violation - to block the Author's Account without the possibility of recovery, and the funds from the Author's account at the Site are subject to be written off in favor of the Contractor.
7.2.3 For sending SPAM on behalf of "TraficBank" as well as for sending SPAM to newly registered users. For a single violation of this paragraph the Administrator has the right to apply a sanction in the form of blocking the Account without the possibility of recovery.
7.2.4. for acquisition of Goods (services) through its affiliate link. In case of a single violation of this paragraph, the Administrator shall be entitled to impose a sanction in the form of a warning (with the affiliate commission rejection); a repeat violation shall entail the rejection of all affiliate commissions and a fine; a third violation shall result in blocking of the Account without possibility to restore it, with the funds from the Author's personal account at the Website to be debited to the Contractor.
7.2.5 For piracy (unauthorised use of intellectual property objects). In case of a single violation of this provision the Administrator has the right to impose a sanction in the form of a fine in 10 times the value of the Author's Goods; in case of a repeated violation the Account is blocked without the possibility to restore it, whereas the funds from the Author's account at the Site are to be written off in favor of the Contractor.
7.2.6. for the disrespectful treatment of the Users, the Administrator and/or other representatives of the Executor. In case of a single violation of this provision the Administrator has the right to impose a sanction in the form of a warning; a second violation leads to a fine; a third violation leads to blocking of the Account without the possibility to restore it, whereas the funds from the Author's account at the Website are to be withdrawn for the benefit of the Contractor.
7.2.7. for placing clones of Goods, services (duplication of their Goods in the catalog). In case of a single violation of this paragraph the Administrator may impose a fine in the amount of 1 000.00 (one thousand) rubles; a repeat violation results in account blocking without the possibility of recovery, in which case the funds from the Author's account on the Site are to be written off in favor of the Contractor.
7.2.8. for fraud. In case of a single violation of this paragraph the Administrator is entitled to impose a sanction of account blocking without possibility of recovery, and in this case the funds from the Author's account on the Site are subject to be written off in favor of the Contractor.
7.2.9 For exchanging the Buyer's databases, the information about which the Author has obtained through the Site. For a single violation of this paragraph, the Administrator has the right to impose a sanction in the form of penalty
7.2.10. For installation and use of third-party scripts/programs to generate affiliate traffic. The Administrator shall be entitled to sanction in the form of a fine for a single violation of this paragraph. The repeated violation leads to blocking of the Account without possibility to restore it.
7.2.11 The Authors shall substitute ordinary links on their selling website with affiliate links (or for other manipulations with affiliate traffic). The Administrator shall be entitled to impose a fine for a single violation of this paragraph. In case of repeated violation - blocking of the account without possibility to restore it and without possibility to withdraw money from the account.
7.3 At the Administrator's request, the Author undertakes to provide access to the Goods (if the Goods are locked, password-protected) for moderation. The Author's refusal to provide access to the Goods entails a sanction in the form of blocking the Goods. 8. USE OF ELECTRONIC SIGNATURE
8.1 Any action of the Author using the login and password to the Account confirms that a simple electronic signature is formed directly by the Author. The simple electronic signature is a combination of login and password and confirms that the electronic message was sent by a specific person.
8.2 Electronic documents signed with a simple electronic signature are recognized as equivalent to the documents on paper media signed with a handwritten signature.
8.3 The Author undertakes to keep his electronic signature confidential (not to disclose his login and password or give access to the Account to the third parties), and is fully responsible for its safety and individual use, independently choosing the way of its storage and limitation of access to it.
8.4 In case of unauthorized access to the login and password, their loss or disclosure to the third parties the Author is obliged to inform the Contractor about it immediately by sending an e-mail from the e-mail address specified in the Personal Area. 9. INTELLECTUAL PROPERTY
9.1 All objects on the Website, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects are the objects of exclusive rights.
9.2 No objects of intellectual property, as well as any Content posted on the Website may be used without prior written permission of the right holder.
9.3 By posting the Content anywhere on the Website, the Author grants the Contractor a non-exclusive right to use the Content through copying, public performance, reproduction, processing, translation and distribution for or in connection with the operation of the Website, including for its popularization, free of charge. The right specified herein shall be granted for the entire term of protection of the exclusive right and shall extend to the territory of all countries of the world. The Executor may produce derivative works or insert the Author's Content as constituent parts in the relevant collections, perform other actions serving the achievement of the specified purposes.
9.4 The Author is granted a personal non-exclusive and non-transferable right to use the software of the Site, provided that neither the Author himself, nor any other persons, with the assistance of him, copy or modify the software; create programs derived from the software; penetrate into the software in order to obtain the software codes; sell, assign, lease, transfer to third parties in any other form the rights to the software, granted to the Author under the OpEd
9.5 By posting the Content on the Website, the Author transfers to the Contractor the right to make copies thereof, the right to keep archive copies of the Content for an indefinite period.
The Author undertakes to settle the claims from the third parties against the Contractor about the violation of any property and personal non-property rights of authors and right owners, in connection with the placement of any Content by the Author, by his own efforts and at his own expense, and to compensate the Contractor all costs and losses incurred by him in connection with such violations. 10. THE PROCEDURE OF CONSIDERATION OF CLAIMS AND DISPUTES
10.1 All disagreements or disputes which can arise between the parties of the Offer should be settled through pre-judicial negotiations, by sending letters of claim. The period of response to the claim is 10 (Ten) working days. The claims of the Author under the Offer are accepted and considered by the Contractor only in writing.
10.2 The legislation of Ukraine is applied to the parties' relations under the Offer.
10.3. If the agreement, for whatever reason, is not reached in the pre-trial proceedings, the dispute arising from the Offer is to be considered in the court of Ukraine 11. DETAILS OF THE EXECUTOR:
TraficBank LLC. Legal address: 65082, Ukraine, Odessa, Nekrasova per. 7. Office 5