Terms of service: Advertisers
This document (“Terms”) regulates your use of GN TELECOM LIMITED (“Service”).
By “you” herein we mean a person or a company who are willing to use the Service and already use it.
Please read the Terms carefully before using it. It explains how the Service works, what is the purpose of it, how you can benefit from it and what you can do to avoid situations which can affect your use of the Service, the Service itself or third parties.
By accepting the Terms you confirm that you read, fully understand and accept it with no derogations.
We, "GN TELECOM" LIMITED (“Company”, “we”, “us”), put many efforts to provide you with this comfortable space to promote your goods and services and attract as many interested viewers to it as possible.
With the Service we make it easy to place your task so that us and our helpers can execute it in accordance with your instructions.
In case of any questions regarding the Service and the Terms please address to us using our contact details or email info@gntelecomltd.com.
- Definitions
Unless the Terms set otherwise the terms below have the following meaning:
- “Offer” means the order with the Service with the task to promote brands, goods or services and the description of the preferred method thereof.
- “Remuneration” means payment for the task duly performed in accordance with the Offer. If the Offer requires creation of certain content the Remuneration will cover royalty payment for alienation of intellectual property rights to such content to us or the customer or the license thereon.
- “Promotion” means an advertising campaign initiated and performed as set forth in the Offer. The Promotion can be in the form of placing of banners, links, resharing of the posts on the Advertiser’s websites, platforms and servicer, placing likes, creation of content among other methods for campaign.
- About Service
- The Service is a tool which helps parties who are willing to promote its brand, goods and services (“Advertisers”) and parties with the necessary skills, relevant experience and willingness to assist the Advertiser in this (“Publishers”) to connect. For purposes of the Terms “Publishers” covers us, our affiliates, partners or third-party publishers who own or use websites, platform and services (“Platforms”) which we need for holding the Promotion and whom we contract for this purpose.
- The Advertiser shows its intention to hold the Promotion using the Service and further co-operate with the Publisher by placing the Offer through the Service.
- The Advertiser can place the Offer after registration with the Service.
- By placing the Offer the Advertiser authorizes us to define:
- the Publisher
- and
the Platforms - to hold the Promotion at our discretion.
- The Advertiser can use the Service only for posting the Offers of promotional character.
Use of the Service for other purposes is prohibited.
At our discretion we can reject submission of your Offer or terminate your registration with no possibility to restore it if you use the Service for other purposes. - We as the operator of the Service:
- verify Publishers and Advertisers so that you can receive a quality service
- provide Advertisers with the Service to place the Offer
- ensure holding of the Promotion as set forth in the Offer with assistance of Publishers
- ensure holding the Promotion as set forth in the Offer
- Advertiser
- You can register as an Advertiser by filling application form on the website and account, if you are registered there, by choosing “register as an Advertiser” reference or similar option within the Service interface or the interface of application.
- To register you provide us with information about you, including full name, address, contact details, payment details, among other data which the form can require.
If you are a natural person you provide us with your ID details and selfie.
If you are a company you provide us with your incorporation info and materials.
Without providing full information about you which the form requires we can limit submission of your form by using technical means of protection. - To be an Advertiser you must:
- be a natural person of legal age of majority in the country in which you are registered or a legal entity duly incorporated and effective under the laws of its registration.
- provide true, valid and accurate information about you. We use this information to enter mutual and legally binding relationships with you.
Without such information we do not guarantee the service level you can receive.
If we find that any piece of information is missing, conflicting with the Terms, at our discretion, we can refuse or terminate your registration with the Service with no possibility to register again or restore it.
If any piece of information about you changes you must update it in your account with the Service or notify us. - After submission the application form goes through verification process.
It can take up to several days.
When the verification is over we notify you about your registration with the Service by text message using your phone number or email. - At any time we can request additional information about you. You must provide such information as requested no later than 2 (two) days after the request unless it says otherwise.
If you do not provide it as requested we can refuse or terminate your registration with the Service with no possibility to register again or restore it. - You can have only one account with the Service. This means that you cannot have both a Publisher and an Advertiser accounts or two Publishers or two Advertisers’ accounts at the same time.
- After registration you become solely responsible for access to your account and log-in details.
Your account and log-in details are personal to you. You cannot provide it to third parties.
You must keep it confidential from third parties.
For purpose of the Terms any action which is made through your account is action made by you.
This covers situations when the Offer is submitted and any communication is made to us or the users through your account.
- Offer
- The Advertiser places the Offer by filling up the form with the Service.
- The Offer must contain description of the Promotion, method, price, the Promotion target (e.g. duration, target), banner or text, if applicable, among other requisites which the Offer form can require.
At any time we can require to supplement the Offer with additional details.
Without it we can refuse to make the Offer available with the Service. - The Offer, the Promotion and the content thereof, including landing pages to which they reference:
- must comply with applicable law
- must respect third party’s rights, including privacy and intellectual property rights
- cannot promote sex and nudity
- cannot promote medicine, drugs, financial services, weapon, explosive materials, harmful things, or other things which can be limited in turnover
- cannot promote dishonest behavior or practices of any kind
- cannot be offending, shocking or otherwise affecting other users
- cannot promote hatred, intolerance, discrimination or violence
- cannot contain malware, spyware or any other malicious code
The above list of limitation is not exhaustive. We can refuse to make the Offer available through the Service if we find it inappropriate at our discretion. - Before the Offer is available with the Service it goes though pre-approval process on whether the Offer complies with the Terms and applicable laws.
At our discretion we can amend the Offer without limitation, including text and images, with no notice to the Advertiser. - After submission of the Offer you become solely responsible for the content of the Offer and the Promotion, including:
- advertised goods and services
- creative part of the content, including its design and display at third-party websites, platforms and services
- trafficking
- targeted audience
- landing pages to which the Promotion refers
- compliance with requirements of third-party websites, platforms, services used for the Promotion.
You shoulder any liability arising from or related to the Offer and the Promotion by yourself at your own strength and cost.
- Performance
- When you submit the Offer with the Service you agree to enter contractual relationships with us. The subject of such relationships is holding the Promotion as set forth in the Offer.
The Terms and the Offer forms he entire agreement. - By submitting the Offer you confirm that you have the authority and received the necessary permissions to enter into relationships in respect to the Promotion.
- We can choose to perform the Offer ourselves or with the help of sub-contractors – partners, affiliates or contracted publishers.
Despite that only you acting as an Advertiser and us are the parties to relationships in performance of the Offer. - We accept your Offer and enter the relationships with you when we start holding the Promotion as set forth in the Offer.
This rule does not apply if we find that you violate or the Offer is conflicting with the Terms, or we cannot hold the Promotion for other reasons.
In this case, at our discretion, we withhold Remuneration and any payments which you made while using the Service as a penalty for violation without resorting to the court. - We keep track on how the Promotion is held. We duly complete our obligations to hold the Promotion under the Offer upon completion of the Promotion.
We can notify you when it is completed as set forth in the Offer. Otherwise we can choose other methods to show that the Promotion is duly held, e.g. by removing the Offer from the Service. - While holding the Promotion you do not perform any activity yourself or through a third party which can:
- scrape or extract the Promotion related data from the websites, platform and services used for the Promotion without our express authorization
- collect and use data of our users and users of websites, platforms and services used for the Promotion without their consent.
We define the violation above or a threat thereof at our own judgment. We do not need to provide proof of it to you.
In this case, at our discretion, we can terminate your registration with the Service without prior notice and withhold and any payments which you made while using the Service as a penalty for violation. - We do not guarantee placement of the Promotion in a way set forth in the Offer.
This cover such characteristics as the specific Platform you set for the Promotion, certain positioning, duration, or achievement of a specific target of such Promotion, e.g. quantity of clicks, impressions.
We promise to act in good faith to hold the Promotion according to the Offer but certain characteristics of the Promotion does not always depend on us.
You agree that we can do certain deviations to hold the Promotion as close as possible to your Offer.
Such deviations dos not violate the Terms and does not affect the Remuneration you pay as the result of the Promotion. - The Advertiser can cancel the Promotion at any time.
If the Advertiser cancels the Promotion before the Advertisers initiates it we withhold no penalty for it.
If the Advertiser cancels the Promotion after it started we withhold the Remuneration in full or in part to cover our costs for the Promotion which we already suffered and as a penalty for cancellation. We can decrease the withheld amount at our discretion. - We reserve the right to remove the Offer from the Service and cancel the Promotion at any time.
The list of grounds for removal and cancellation is not exhaustive. The grounds cover situations when:
- we find the Offer and/or Promotion conflicting with law, third parties’ rights or otherwise with the Terms, or there is a threat of such conflict
- the Offer and/or the Promotion contain false, fraudulent or deceptive information
- we receive any claims about them
- the amount limit with your account is exceeded etc.
We define violation at our discretion and do not need to prove it to you and notify about it.
At our discretion, we can withhold the amount transferred for the Promotion as a penalty for violation. We can do this with no prior notice to you, without proving it and without resorting to court.
- Remuneration
- We hold the Promotion within the amount limit deposited with your account with the Service. We do not provide any credit to you for the Promotion.
You fill up the limit in the form of advance payment based on the invoice to our bank account following our instructions with the Service. - You set price for the Promotion in the Offer.
It can be in the form of a fixed price for the entire Promotion or price per action which the Promotion requires, e.g. clicks and impressions.
If it exceeds the limit with your account you must fill it up till the Promotion price set in the Offer. Otherwise, at our discretion, we hold the Promotion within the amount limit in your account or refuse to publish the Offer with the Service. - We define the Remuneration based on the price you set in the Offer, based on type of action required for the Promotion, our metrics and our records reported by our reporting system.
- We provide you with a reporting data on the Promotion with results of the Promotion and calculation of the Remuneration using applicable measurements and billing metrics per your request.
If you believe in good faith that the reporting data is not accurate or untrue please contact you have 30 (thirty) business days to tell us about it. - We withhold the Remuneration from the amount in your account in the part which is not disputed in good faith.
- Price for the Promotion is exclusive of taxes.
You are responsible for all fees and taxes associated with the Service and the Promotion. We do not pay and are not responsible for such payments. - You agree that we can provide your payment details to our payment providers for processing payment between us.
- Intellectual property
- You, the Offer and the Promotion
- When you submit information about you, the Offer, content of the Promotion or other information and materials to us via the Service you grant non-exclusive, royalty-free, limited right (license) to:
- publish it with the Service so that it is available to us, our affiliates, partners and third-party Publishers and amend it as we see it, including texts, pictures and other content, without your consent
- make it available to third parties via other websites, services and platform so that Publishers can hold Promotion as set forth in the Offer
- use it to comply with law, including accounting requirements
to us, our affiliates, partners and third-party Publishers. - In describing the license:
- With “non-exclusive” we mean that you can provide same right to others
- With “royalty-free” we mean that you provide us with rights at no exchange to something else in return
- With “limited” we mean that we can use your information in a way to which you expressly consented to.
- Such license is non-exclusive to us. We can assign and sublicense our rights to our affiliates and partners within the limits set forth herein.
- We do not receive or claim ownership rights over the Offer and the Promotion.
- If the Offer requires creating unique content for purposes of the Promotion the Publisher becomes to owner of such content unless the Offer sets forth otherwise.
In this case you receive non-exclusive license to use such content in the form of re-sharing with your website, platform or service for the Promotion with no possibility to amend it with the reference to the Publisher and the original source of such content.
- Us and the Service
- We are the holder of intellectual property rights to the Service.
This means that we are the sole and exclusive holder of the Service entirely and its constituent parts.
This covers content, the code - the heart of the Service - which operates it and provides you with its functionality, interface, logo, databases, documents, materials and information about the Service among other components of the Service.
The Service, its parts, information and materials thereon are protected by law, including intellectual property law. - You can use the Service only in the way expressly authorized with the Terms. You cannot use it otherwise without our permission.
Namely, we provide you with a non-exclusive, limited, revocable, non-sublicensable, non-assignable right to use the Service within its functionality for the purposes set forth herein.
“Non-exclusive” and “limited” mean the same as defined above.
As for the other license descriptions:
- With “revocable” we mean that we can terminate your right unilaterally if you do not comply with the Terms
- With ”non-sublicensable” we mean that you cannot provide rights in full or in part to the Service to a third party
- With “non-assignable” we mean that it is personal and you cannot transfer your rights hereof to a third party.
- Your use the Service in conflict with the Terms violates our intellectual property rights and license terms.
Among others, you cannot:
- study, reverse engineer, decompile, disassemble the Service, extract code from it or any part thereof
- break or bypass technical or any other means of protection over the Service
- access the Service, its servers or systems so that it can interfere or disrupt its integrity or provide such access to third parties
- alter, modify, the Service
- create derivative works from the Service.
In case of violation, we can, without a prior notice to you and specifying the reasons for it, terminate your registration with the Service with no possibility to register again or restore it.
At our request, you pay compensation of damages resulted the violation of our intellectual property rights as requested via bank transfer without resorting to the court within 5 (five) business days after our request.
In any case we withhold Remuneration and any payments which you made while using the Service as a penalty for violation.
We apply the above measures without resorting to the court.
- Notification
- By submitting the Service registration form you agree to receive:
- Automated messages: text messages to your phone number and email indicated in the registration form related to your use of the Service.
This covers notifications on your registration with the Service, on the status of the Offer, requests on amending the Offer etc. - Advertising messages: from us and our partners. This type covers notices on new features and offers within the Services, e.g. promotions, bonus programs.
- It is your responsibility to monitor receipt of our messages, including by checking your spam boxes.
- You can adjust receipt of our message in your account settings.
- Warranties
- You, the Offer and the Promotion
The below provisions are preconditions for our co-operation. You guarantee the above when you accept the Terms.
- When you submit your application for registration with the Service you guarantee that:
- you have full powers and authority to enter into and carry out obligations hereof
- you are legally and financially responsible for all actions through your account with the Service
- your entrance to the Terms does not conflict with any agreement and business relationships
- there is no insolvency procedures initiated or about to be initiated in respect to you, and there is no procedure pending with your involvement which can affect your performance of the Terms
- When you submit the Offer you guarantee that the Offer and the Promotion:
- comply with law, the Terms and third parties’ rights
- contain accurate information which we and the viewers can rely own
- do not affect us, our affiliates, partners and our reputation, do not harm our operation and financial standing otherwise, and do not lead to any type of damages, including loss profit, any consequential, special, punitive, indirect, or incidental damages
- You guarantee that you will not engage and will not get engaged into any competing activity to us and the Service.
Such competing activity covers:
- creation of service which “frames” or “mirrors” the Service
- solicitation of our employees and employees of our partners to your service or the service of our competitor
- co-operating with our partners and third-party Publishers for holding the Promotion or activity which is similar to the Service.
The rule applies regardless of the form of the agreement (oral or written) and whether such co-operation is made directly or indirectly, e.g. via a third party with a benefit to the Advertiser.
This provision applies for the period of the Terms and 5 (five) years after termination of relationships between us and the Advertiser.
In case of violation, at our request, you compensate the damages, including loss profit, resulted the violation as requested via bank transfer to our bank account within 5 (five) business days after our request.
We apply the above measures without resorting to the court.
- Us and the Service
- The Service operates and is organized for the purpose set forth herein. It does not provide you with other functionality than otherwise explained with the purpose it is intended for.
- You accept the Service provided ‘as is’ and ‘as available’ without any express or implied warranties of any kind, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer virus or other harmful code.
- We do not guarantee that the Service:
- meets your requirements and expectations
- contains accurate and complete information and materials
- is reliable and secure
- has no interruptions, error, delays, disruptions, imperfections and defaults and is available for access at any time
- displays information and materials according to your expectations.
- Liability
- In case of violation of the Terms or a threat thereof, at our discretion, we can refuse your registration with the Service or terminate it without prior notice.
We withhold Remuneration and any payments which you made while using the Service as a penalty for violation.
In case of damages, at our request, you compensate the damages resulted the violation as requested via bank transfer to our bank account within 5 (five) business days after our request.
We apply the above measures without resorting to the court. - You are solely responsible and will be liable for all your actions via the Service and any activity arising from or related to the Offer and the Promotion.
For this purpose you defend, indemnify and hold harmless us, our affiliates, partners, our and their directors, officers, employees and agents from liabilities, damages, losses and expenses of any kind, including expenses for legal representatives, in connection to your use of the Service. - If we receive any claims arising from or related to your use of the Service you resolve such claims with your strength and at your cost.
If we resolve such claims ourselves, you compensate us all damages and losses, including costs for legal represenatives, without resorting to court via bank transfer to our bank account within 5 (five) business days after our request in the requested amount. The request made via email is sufficient for this purpose. - We are not responsible and will not be liable for:
- any consequential, special, punitive, indirect, or incidental damages and lost profits
- any action made through your account, including acts which resulted in death of or injury to any person, damage to any property or any other damage, loss or injury, by whomsoever suffered
- operation of equipment, websites, platforms and services used for the Promotion
- accuracy and display of information and materials, including design and quality, which you provide for the Promotion elsewhere
- compliance of the Promotion with rules of websites, platforms and services used for the Promotion
- third parties’ feedback to the Promotion, including reporting it as inappropriate among other measures which result in hiding or removing the Promotion from access of the targeted audience.
- If we find any violation of the Terms we do not need to prove it to you. We define it using our own resources at our discretion. In defining it we act in good faith.
- Termination
- You can terminate the Terms at any time by sending us the request for termination no later than 10 (ten) business days before the designated day or via your account settings.
Such termination is possible when:- you have no debts to us and the Publishers related to the use of the Service
- and
- you have no claims or suits where you are the party arising from the use of or related to the Service.
- If you violate the Terms, we can, without a prior notice to you, without proving it and at no notice to you, limit or remove your registration with the Service at any time and with no possibility to register again and restore it.
- If you follow all the above conditions for termination, we transfer the amount remaining in your account in the Service as follows: the amount paid with a bank card is refunded by a reverse operation on the card with which the payment was made within 10 (ten) working days.
- Updates and changes
To provide you with the best version of the Service we continuously work on its improvement, e.g. add new features, fix bugs.
Unfortunately, to do this we need to limit access to the Service temporality so that it can be unavailable to you.
We reserve the right to make such updates without notifying you.
In any way, in case of any issues regarding operation of the Service please address to us using our contact details. - Miscellaneous
- CHANGES TO THE TERMS: We can update the Terms at any time with no notice to you. You agree to monitor the updates regularly.
You continuous use of the Service after updating the Terms confirms your acceptance of new version with no reservation and derogation.
If you do not agree with such changes you must stop using the Service and remove the account. - LAW AND DISPUTE RESOLUTION: the Terms, all matters concerning the Service, rights and obligations arising from or related to the use of the Service shall be governed, construed and enforced according to law with no conflict of law provisions applied.
We and the Advertiser resolve any claims and disputes arising out of the Terms and in connection to the use of the Service amicably by exchanging of claims made in written.
If we do not find any appropriate solution such claims and disputes will be decided by a competent court of law in the jurisdiction of our residence. - SEVERABILITY: If any provision of the Terms is found indefinite, invalid, illegal or unenforceable by a court having jurisdiction the remaining provisions will continue to be in force.
- ASSIGNMENT: We can assign our rights and obligations hereof to any of our affiliates and partners or resulting a merger, acquisition, restructuring, sale of assets, by operation of law or otherwise, including by virtue of the respective agreement.
In this case the Terms will continue to apply to your relationship with new assignor.
We will try but we do not have to notify you regarding such assignment.
Despite that the Terms are personal to you. You cannot transfer any of your rights or obligations under our Terms to a third party.
Your assignment of the Terms to a third party means violation of the Terms, further termination of your account with penalty measures applied and submission of new application for registration with the Service. - PARTNERSHIP: Our co-operation with the Service does not:
- create of a partnership or joint venture between us
- entail relationships where one of us become the agent of the other one
- authorize ether of us to make or enter into any commitments for or on behalf of the other one except as expressly provided herein
Each of us is acting on its own behalf and not for the benefit of any other person.
- Contact us
If you have any questions, please feel free to contact us using the following contact details:
"GN TELECOM" LIMITED.
65 Compton Street, London, England
EC1V 0BN.
info@gntelecomltd.com