Public Offer Agreement
Online Advertising Agreement
Dated 5 January, 2020
The text hereafter, the Public Offer Agreement addressed to any person, is the official public offer to make a contract on rendering advertising services. The Public Offer is an official document and is published on the website at: https://www.profitfcom.com/offerta
This document is a Public Offer by “Profitf.com” on the one hand, and any person hereinafter referred to as the “Client” (or “Customer”, “Signing Party”), identified in the Insertion Order or Invoice (hereinafter, the “IO”), on the other hand. The present Advertising Terms & Conditions (Public Offer) apply to the purchase from the Advertiser of all advertising services provided by “Profitf.com” detailed in the Invoice. The text of this Agreement is available at http://www.profitf.com/offerta
Acceptance of an offer and conclusion of an offer contract
The Client makes an Acceptance of the Offer through payment of the Contractor’s Services in respect of which the Offer Contract is concluded. Acceptance by the Customer of this Agreement means that he fully agrees with all the provisions of this Treaty.
Carrying out the Acceptance of the Public Offer the Client guarantees that he is acquainted, agrees, fully and unconditionally accepts all the terms of the Contract as they are stated.
For the purposes hereof the Parties shall use the following definitions:
1.1. Internet shall mean the worldwide system of connected computer nets.
1.2. User shall mean a Natural Person or Legal Entity using the Internet for receiving, transmitting and viewing information as well as for goods and services purchasing or selling.
1.3. Website shall mean an information resource on the Internet with a unique URL address and representing a complex of interconnected web pages united on subject characteristics and meant for publication of information on the Internet.
1.4. Web Page shall mean an independent composite part of a website, a separate document on the Internet created on the basis of HTML language, identified by a unique URL address, containing information (text, graphics, audio and video files).
1.4. Insertion Order ( Invoice ) – is a document issued by a Advertiser to a Client, indicating advertising services, agreed prices for advertising services and payment information, the Advertiser had provided the client. On the terms and subject to the conditions set forth in these T&C, “Profitf.com” agrees to deliver and the Advertiser agrees to pay for all advertising services detailed in the IO to which the present Terms & Conditions are incorporated, according to rates specified in the IO. Invoices will be sent by “Profitf.com”. Invoices will be sent by e-mail (email@example.com or firstname.lastname@example.org) to the billing contact of the client.
1.5. Advertising and Informational Material (AIM) shall mean the hypertext link to the landing pages and pre-landing pages, banners and any other advertising materials. Ad Materials must be received at least three (3) business days prior to the scheduled start date. The Advertiser may be charged for any advertisement not broadcast or published due to late receipt or non-receipt of advertising material by “Profitf.com”.
1.6. Lead shall mean performance by the Internet user of an action defined beforehand by the client (lead performance) on the website, landing pages of the Advertiser
1.7. CPA shall mean an acronym for “Cost Per Action”, which is an Internet advertising pricing model where the client pays for each specified action linked to the advertisement.
1.8. “Social Media” shall mean all forms of social media such as Facebook, Google+, LinkedIn etc.
1.9. “Ads” shall mean online advertisements.
1.10. “PPC” , “CPC” shall all mean Pay Per Click advertising.
1.11. “CPV”, “CPM” shall all mean Cost Per View advertising.
1.12. “Placement in TOP” shall all mean placement company in rating in place determined by the Parties in the invoice.
1.13. “Banner Advertising” (or “Display Ads”) shall means advertisements promulgated by any display networks or website
1.14. “SEO” shall mean Search Engine Optimisation.
Other definitions not provided in the present Article shall be interpreted in accordance with the commercial practice and applicable legislation.
2. SUBJECT-MATTER OF THE AGREEMENT
In consideration of the premises and mutual covenants contained in this Agreement, the parties agree as follows:
Advertiser will provide these advertising service:
2.1 Banner Advertising
2.2 Text Link Advertising (SEO link in article)
2.3 Placement in Companies Rating (Listing)
2.4 Marketing consulting services
2.5 Lead generation
3. SERVICE COST AND SETTLEMENT
3.1 Client agrees to pay Advertiser on time, the amounts set in the attached Invoice
3.2. Payment for the services provided by the Advertiser shall be made in 10 (ten) days after the reception the invoice issued by the Advertiser.
3.3. Payment of services shall be made by non-cash transfer of funds to the Advertiser ’s bank account.
3.4. It is agreed that other terms and conditions of the settlement should be determined by the Parties in the Insertion Orders and/or invoices.
3.5. The Parties recognize that the source accounting document, which may also be an Invoice, is issued by the Contractor alone and only in electronic form and does not require the return of the signed copy to the Contractor
3.6. In case of disagreement with the data contained in the source accounting document, including an Invoice, the Customer is obliged to send to the Contractor a reasoned written refusal to approve such source accounting document, including an Invoice, not later than 3 (three) working days from the date of receipt of such document, otherwise such document is considered to be agreed upon by the Customer as amended by the Contractor
4. ADVERTISING MATERIAL
Client agrees and warrants that the material presented for display on the Website violates no patents, copyrights or trademarks. If any logo, phrase or expression attributable to another is used, then permission must have been granted for use of same. Upon request, client will present such evidence of permission.
5. LIABILITY OF THE PARTIES
The Parties shall be liable for nonperformance or improper performance of obligations hereunder in order prescribed by the applicable law. The Parties agreed that in case of breach of obligations hereof resulting in infliction of losses, only the actual losses shall be subject to reimbursement.
Advertising services are provided “as is” without warranty of any kind, express or implied and any use of the services are at Client’s sole risk. Advertiser does not make any warranty as to the performance or any results that may be obtained by use of the advertising services
6. FORCE MAJEURE CIRCUMSTANCES
In case of occurrence of force majeure circumstances which may impede performance of the Parties’ mutual obligations hereunder including natural disasters, strikes, Governmental restrictions, irregularity of electrical power supply, damage to the server storing the placed Advertising and Informational Modules, or other circumstances beyond the Parties’ control, fulfillment of the conditions under the Agreement shall be postponed for the duration period of those circumstances.
7. PRIVACY AND DATA PROTECTION
Each Party confirms that it has complied and will continue to comply with its obligations relating to Personal Data that apply to it under applicable Data Protection Laws.
Each Party will provide the other Party with all necessary assistance in connection with communications from, or requests made by Data Subjects in relation to their rights under Data Protection Laws, and supervisory authorities, in each case as they relate to Data Subject Personal Data.
The use of personal data will be confidential and used in order to provide the advertising services agreed by the Parties. Advertiser gives express consent to the referred treatment of the data provided. In order to exercise the rights of access, rectification or erasure, it is necessary to send a message to the following email address: email@example.com.
Advertiser hereby represents and warrants to “Profitf.com” that it has the right to publish the Ad Materials in the form delivered and manner published without infringing or violating the rights of any third party or of any law, rule or regulation, among others. Advertiser agrees, at its own expense, to indemnify, defend and hold harmless, “Profitf.com” against any and all claims, demands, suits, actions, proceedings, damages, liabilities, costs, expenses and losses of any kind (including reasonable attorneys’ fees and costs) arising out of or related to the publication of any advertisement hereunder.
LIMITATION OF LIABILITY
“Profitf.com” shall not be liable to Advertiser or its agency for delay or default in the performance of or completion of Services under the Invoice or these Terms, if caused by conditions beyond its control, including but not limited to, any act of nature, governmental authority, or war, terrorist act, riot, labour stoppage or slow-down, fire, Problems with Hosting provider, flood, severe weather, earthquake, accident, telecommunicat.