Robecon International FZ-LLC
| Abbreviated name: | Robecon International FZ-LLC |
| Registered office: | FDRK 3458 Compass Building, AI Shohada Road. AI Hamra Industrial Zone – FZ Ras AI Khaimah , United Arab Emirates |
| Company Registration No.: | 0000004035676 |
| Bank Account No.: | Mashreq Bank |
| AED IBAN: | AE780330000019100914286 |
| EUR IBAN: | AE590330000019100947123 |
| USD IBAN: | AE860330000019100935579 |
| BIC(SWIFT): | BOMLAEAD |
as SERVICE PROVIDER lays down the terms and conditions of the legal relationship to be established between the ADVERTISER user and it for the SERVICE provided on netadex.com as follows: :
1.1. The SERVICE PROVIDER is the operator of an electronic advertisement brokering system available via netadex.com, in the context of web hosting (hereinafter referred to as ’NETADEX SYSTEM’), through which it provides advertisers placement of banner and static advertisements on the online ad spaces at its disposal as well as the collection of typical statistical data of the interactions made to those advertisements on the one hand, while organizing utilization of online ad space for its media owner users through placement of banner and static advertisements on the other hand.
1.2. The service specified herein is an electronic commerce service: both conclusion and performance of the contract are carried out by electronic means.
1.3. These GTCC are to lay down the rules for the legal relationship between the ADVERTISER and the SERVICE PROVIDER intended to place ad(s) using the NETADEX SYSTEM. These GTCC are accessible on netadex.com continuously by anyone.
2.1. For the purposes of these GTCC the following terms shall have the following meaning:
MEDIA OWNER is an entity or person having disposal of the online media containing online ad space for advertisements, i.e. the publisher of the advertisement;
ADVERTISER publishes advertisements on his own behalf or (for agencies) on behalf of a third party, using the NETADEX SYSTEM, i.e. the advertiser;
ONLINE AD SPACE is a banner zone created on a website;
ADVERTISEMENT is a means of commercial advertising; for the purposes of these GTCC, the term is used both for static and banner ads;
STATIC AD is an online advertisement displayed in the banner zone in the form of a poster;
BANNER AD is an online advertisement displayed in the banner zone redirecting visitors to the homepage of the advertiser or to the homepage of the party represented by the advertiser if clicked on;
INTERACTION means display of a static ad to a visitor, or a reaction or attitude aroused from a visitor by a banner ad; for the purposes of these GTCC, it is, in particular including but not limited to, clicking on an ad, completion of a form, purchase of a product etc.
SERVICE: means use of the NETADEX electronic advertisement brokering system by media owners or advertisers as described in chapter I.
3.1. Technical steps necessary for conclusion of the contract are as follows:
3.1.1. A visitor of netadex.hu website may express his intention to establish a contract to the SERVICE PROVIDER by initiating registration procedure as ADVERTISER. After completing the online registration form, confirming the correctness of the data given (in order to eliminate errors in data entry) and accepting these GTCC, the visitor is required to click on [REGISTRATION] icon in order to send the SERVICE PROVIDER an offer to enter into a contract. When the steps specified above are completed, a user profile is automatically created by the NETADEX SYSTEM, which however does not constitute a contract between the parties.
3.1.2. A contract for indefinite term between the parties is established only when the registration is confirmed by the SERVICE PROVIDER (i.e. when the offer is accepted), at the time the confirmation is delivered to the electronic mail address provided by the ADVERTISER. The SERVICE PROVIDER hereby declares that its failure to respond to the offer (silence) shall under no circumstances be regarded as acceptance of the offer.
3.2. The SERVICE PROVIDER declares that the contract shall be considered a non-written one concluded by electronic means.
4.1. The SERVICE PROVIDER undertakes to create and maintain a password-protected virtual storage (PROFILE) granting individual access to the service for the ADVERTISER as long as the contract is in force.
4.2. The SERVICE PROVIDER undertakes to provide the ADVERTISER with all information relevant to the use of the SERVICE, so in particular the data provided by the ADVERTISER, the advertising campaigns launched by the ADVERTISER and those in progress and implemented, the statistics on the interactions made to his advertisements and the actual balance of advertising fees on the NETADEX account, through the personal PROFILE. The service may only be used by the ADVERTISER through the PROFILE and in accordance with these General Terms and Conditions.
4.3. The main duty of the SERVICE PROVIDER is to provide for the placement of the advertisement(s) intended to be placed by the ADVERTISER in the manner and on the conditions defined by the ADVERTISER, as well as to collect and provide to the ADVERTISER statistical data of the characteristics of the interactions made to the advertisement(s). The main duty of the ADVERTISER is to pay a consideration (fee), based on the number of interactions, for the placement of the ADVERTISEMENT(S).
4.4. The ADVERTISER shall be entitled to determine the content and characteristics of the advertisement(s), the duration of the advertising campaign, the number of publications, the criteria for the place of publication unilaterally, without participation of the SERVICE PROVIDER. Placement of the advertisement shall be ordered electronically, using the PROFILE and taking the following technical steps, and meeting the following criteria:
a) uploading the ADVERTISEMENT in the NETADEX SYSTEM,
b) recording the conditions of the advertising campaign,
c) crediting the amount of the [gross] fee necessary for implementing the advertising campaign on the ADVERTISER’s account.
4.5. After full compliance with the above criteria, fulfilment of the order will be started simultaneously with activation of the advertising campaign, of which the SERVICE PROVIDER shall inform the ADVERTISER by e-mail.
5.1.1. In consideration of publication of the ADVERTISEMENT(S), the ADVERTISER shall pay a consideration based on the number and volume of the interactions made. The SERVICE PROVIDER shall be entitled to no cash consideration in addition to the advertising fee payable for fulfilment of its main duty.
5.1.2. By accepting these GTCC the ADVERTISER acknowledges that he shall pay the fee in advance, by a bank transfer to the payment account specified by the SERVICE PROVIDER, by online bank card payment or using the PayPal service.
5.1.3. The ADVERTISER shall be entitled to determine the fixed amount or percentage of the fee payable for the interaction(s) made to the individual advertisements unilaterally, without the SERVICE PROVIDER’s participation so that it shall not be lower than the currently applicable minimum [net] fees determined and published by the SERVICE PROVIDER.5.1.4. The ADVERTISER shall be entitled to set the following types of interactions as basis of accounting.
a) CT (Cost per Click) – based on the number of clicks on the ADVERTISEMENT,
b) AV (AdView) – based on the number of placements of the ADVERTISEMENT for visitors so that 1 placement constitutes 1 unit for calculating the fee,
c) CPM (Cost per Mile) – based on the number of placements of the ADVERTISEMENT for visitors so that 1000 publications shall constitute 1 unit for calculating the fee,
d) CPA – payment is based on the interaction determined by the ADVERTISER unilaterally (e.g. purchase, registration, subscription for a newsletter).
5.2.1. The ADVERTISER acknowledges that he shall pay the fee including Value Added Tax based on the planned number of interactions when the DVERTISEMENT is ordered but not later than simultaneously with activation of the advertising campaign.
5.2.2. By accepting these GTCC, the ADVERTISER acknowledges that the advertising fee may be used only for utilization of the SERVICE. The SERVICE PROVIDER will refund the advertising fees not used only and solely in the cases defined in clause 9.3.1, so it undertakes to act taking account of this fact when payment is effected to the bank account and the amount to be credited is determined and the consequences of failure to do so shall be borne by the ADVERTISER.
5.2.3. The SERVICE PROVIDER shall be entitled to make proposals for the amount of the campaign budget to the ADVERTISER according to the conditions of the advertising campaign set by the ADVERTISER. However, considering that the number of visitors of the ADVERTISEMENT and the number of INTERACTIONS cannot be estimated exactly, the SERVICE PROVIDER shall take no warranty for the proposed amount being suitable for achieving the result expected from placement of the ADVERTISEMENT.
5.2.4. The ADVERTISER shall be entitled to modify the fee settings at any time, unilaterally, while observing the criteria for the minimum fee, and to reclassify the cost limits related to the advertising campaigns.
5.2.5. The SERVICE PROVIDER performs real-time accounting for the ADVERTISER through the PROFILE in respect of the advertisements ordered and placed, the number of interactions made to the advertisements and the [gross] fee payable therefor. The SERVICE PROVIDER will debit the ADVERTISER’s private account dedicated to keeping record of the actual balance of the advertising fee with the [gross] fee payable per interaction at the same time the interaction is made.
5.2.6. The accounting is based only on the data recorded by the NETADEX SYSTEM. By accepting these GTCC the ADVERTISER accepts the statistical records of the NETADEX SYSTEM as credible and authentic certification of performance. Failure of the ADVERTISER to raise a written objection regarding the statistical records within 3 business days following the last day of the subject month is considered by the SERVICE PROVIDER as a confirmation of the acceptance of the data provided by the NETADEX SYSTEM through the PROFILE as credible and authentic.
5.2.7. The SERVICE PROVIDER shall credit the ADVERTISER’s individual NETADEX SYSTEM account recording the advertising fees with the advertising fee paid within [1] business day after its receipt on its payment account. The SERVICE PROVIDER shall issue an electronic invoice immediately but not later than within 1 business day after crediting of its payment account with the advertising fee, which shall be served to the ADVERTISER by e-mail.
6.1. The ADVERTISER is aware of the fact that access to the personal user PROFILE is only possible by giving the user name and password. The ADVERTISER acknowledges that he is identified by the combination of his user name and password regardless of whoever has provided those data to the SERVICE PROVIDER. The ADVERTISER shall ensure that his user name and password are being kept secret and shall be liable for the behaviour of the individuals who use the SERVICE through the PROFILE on his behalf. The ADVERTISER shall notify the SERVICE PROVIDER of any circumstance suggesting access by an unauthorized party without delay. The SERVICE PROVIDER shall not be held liable for any detriments due to either abuse of user name and password by unauthorized individuals or delayed report thereof.
6.2. The ADVERTISER shall be allowed to change his user name and password as well as any data provided by him by editing the relevant information stored in the PROFILE. The SERVICE PROVIDER shall notify the ADVERTISER of the acknowledgement of the changes via e-mail, which puts the changes into force. As a precondition for using the service, the data provided by the ADVERTISER must be true and correct and must correspond to the data available in the personal identification document, company register (other register applicable to legal entities), or certified public registers. The ADVERTISER shall be liable for the authenticity of the data provided by him. Upon request of the SERVICE PROVIDER the ADVERTISER is obliged to submit the documents supporting the data and the certificates necessary for his identification to the SERVICE PROVIDER in the format and time frame specified in the request..
6.3. The SERVICE PROVIDER shall be entitled to refuse the providing of the service or to refuse to give access to the service by the ADVERTISER should any data given by the ADVERTISER turn out to be false or incorrect or suitable for preventing the enforcement of rights arising from or the fulfilment of obligations undertaken in the legal relationship hereunder.
6.4. Any changes in the data shall be reported to the SERVICE PROVIDER immediately but not later than within 5 business days by modifying the PROFILE as appropriate. The SERVICE PROVIDER shall notify the ADVERTISER of the acknowledgement of the changes via e-mail, which puts the changes into force. The ADVERTISER shall be liable for any detriments caused by delayed reporting of changes in the data.
6.5. The SERVICE PROVIDER shall only transfer user data to third parties in the cases specified by the relevant legislation or by the Data Processing Policy and shall only process them purposefully, in order to enforce his rights, to fulfil its obligations and in accordance with the Data Processing Policy.
7.1.1. By accepting these GTCC the ADVERTISER represents and warrants to have unrestricted right to place the advertisements ordered legally, on his own behalf and in his own interest or based on the valid and effective assignment of the advertiser concerned. The ADVERTISER shall be liable, in accordance with the rules of warranty, for the ADVERTISEMENT being suitable for publication in conformity with the contract as well as for its publication being neither restricted nor prevented by third parties.
7.2.1. By accepting these GTCC the ADVERTISER expressly authorizes the SERVICE PROVIDER to publish the advertisement(s) it intends to be published on the online ad space(s) in accordance with the terms and conditions of the order (advertising campaign) set.
7.2.2. The ADVERTISER acknowledges that the frequency of visits of the online ad space and the number of interactions cannot be estimated accurately in advance. The ADVERTISER acknowledges that the legal relationship hereunder implies an obligation of due diligence and does not imply an obligation to achieve a result: the SERVICE PROVIDER shall act with due diligence and do its utmost to publish the advertisement and to implement the advertising campaign according to the terms and conditions defined in the order, however, non-achievement of the result expected from publication and the advertising campaign shall not be considered the SERVICE PROVIDER’s breach of contract and the ADVERTISER shall not be entitled to raise a claim against the SERVICE PROVIDER on the ground of lost revenue or lost profit.
7.2.3. The ADVERTISER may revoke the assignment specified herein at any time, unilaterally, without giving reasons, to stop the advertising campaign in progress, to interrupt use of the SERVICE, to stop publication and accessibility of the advertisement with immediate effect provided that the SERVICE PROVIDER shall refund the advertising fee already paid only in the cases defined in clause 9.3.1.
7.2.4. . By accepting these GTCC the ADVERTISER acknowledges that the SERVICE PROVIDER’s right to utilize the online ad space at its disposal in the NETADEX SYSTEM may be terminated at any time, so if the ADVERTISER intends to display the ADVERTISEMENT only on one specified online ad space, the SERVICE PROVIDER shall not warrant its ability to publish it in the planned duration and/or until the number of INTERACTIONS is achieved.
7.3.1. By accepting these GTCC the ADVERTISER acknowledges that he is obliged to prepare or to cause to be prepared the content of the advertisement within his own authority and at his own cost and to make it available to the SERVICE PROVIDER in a condition ready for publication, in accordance with the formal and content requirements (technical specifications) acceptable by the NETADEX SYSTEM either via file uploading or ad service from a third party. The ADVERTISER shall be responsible for all detriments arising from the errors in the advertisement itself or from making it available inappropriately or with a delay.
7.3.2. By accepting these GTCC the ADVERTISER acknowledges that the advertisement is published in the NETADEX SYSTEM through its mediation to the online ad space automatically, without changing its content, using electronic means for the transmission. Considering that the placement of the advertisement is performed by the electronic ad service system on the online ad space according to the conditions set by the ADVERTISER, the SERVICE PROVIDER is not able to determine the content and form of placement of the advertisement, the product intended to be popularize thereby, the service or the website.
7.3.3. Having regard to the provisions of clause 7.3.2, the ADVERTISER takes full and unlimited liability for the content of the advertisement. The ADVERTISER shall be required to provide for compliance of the advertisement he intends to be placed in accordance with the legal requirements and for its being free of illegal contents. In particular, he shall be required to ensure that, in particular, including but not limited to:
a) the statements, declarations and certificates relating to the preliminary quality inspection or conformity certificate for the advertisements promoting products subject to his obligation to carry out preliminary quality inspection or conformity certification are available
b) political or public service advertisements comply with the requirements stipulated in law
c) do not contravene any prohibition stipulated in law
d) comply with the requirements of the code of conduct applicable to the ADVERTISER or his activities,
e) publication of the advertisement does not infringe or jeopardize the rights and legitimate interests of third parties
f) the facts stated in the advertisement are true and correct as demonstrated
g) if a prize game is advertised, the advertisement complies with all taxation and other legal requirements related to the prize.
7.3.4. The SERVICE PROVIDER disclaims its liability for any damage arising from non-compliance of the advertisement ordered by the ADVERTISER with the legal rules of law in force or for infringement by the publication thereof of other copyrights, trademarks or other exclusive rights.
7.3.5. By accepting these GTCC the ADVERTISER specifically undertakes to indemnify the SERVICE PROVIDER for all pecuniary and non-pecuniary damages and costs, including fines imposed or other detrimental legal consequences involving other financial obligations, that occur as a result of infringement by the ADVERTISER of the provisions set out in this clause.
7.3.6. By accepting these GTCC the ADVERTISER consents that the SERVICE PROVIDER requires the ADVERTISER to join the legal proceeding if any civil judicial or non-judicial proceeding is brought against the SERVICE PROVIDER in connection with the provisions specified in this chapter
7.4.1. The NETADEX SYSTEM is a combination of technical, economic and organizational knowledge of value, qualifying as know-how, therefore the ADVERTISER expressly undertakes to handle and keep all information related to his operation as trade secret and to take all actions necessary to prevent them from being obtained, utilized, disclosed to third parties, or made public by unauthorized individuals.
8.1.1. The SERVICE PROVIDER declares that in the case of registration on the website under domain name netadex.com, the exclusive operator of the NETADEX SYSTEM shall take a liability while the service is provided under the rules for warranty for ensuring that the NETADEX SYSTEM is suitable for use in conformity with the contract and that no third party rights hinder or restrict such use.
8.1.2. The SERVICE PROVIDER declares that the service complies currently and will comply during existence of the contract with the relevant provisions of law.
8.1.3. The SERVICE PROVIDER undertakes to take all reasonable efforts for the purposes of proper, errorless and safe operation of the service, i.e. the electronic advertisement brokering system. The SERVICE PROVIDER shall carry out all technical operations to ensure unobstructed use of the service. Furthermore, the SERVICE PROVIDER undertakes to inform the ADVERTISER with no delay if it becomes aware of the occurrence of any damage to or circumstances excluding proper use of the online ad space or otherwise or requiring an action of the ADVERTISER. The SERVICE PROVIDER shall not be entitled to receive a fee if an advertisement cannot be published due to the error of the online ad space or if it operates deficiently.
8.1.4. The SERVICE PROVIDER shall take no liability for any event obstructing performance inherent in the specific nature of the Internet (traffic, technical or other circumstances in the Internet network that usually inherent in the operation of the Internet) and/or for inevitable force majeure events that are beyond its control.
8.1.5. The SERVICE PROVIDER is not entitled to edit the content of the advertisement and is obliged to ensure that the advertisement is and could be displayed with unchanged content.
8.1.6. The SERVICE PROVIDER shall take no liability for any damage to the ADVERTISER’s personal data, files, etc. stored on the devices used during use of the service.
8.2.1. The SERVICE PROVIDER shall be entitled to check the content and publication of the advertisement and to terminate publication with immediate effect, without giving the reasons, if it does not comply with the conditions laid down in this contract.
8.2.2. The ADVERTISER acknowledges that should the content of an ADVERTISEMENT placed be detrimental to the rights or legitimate interests of the MEDIA OWNER or a third party, the injured party may request the SERVICE PROVIDER to remove such detrimental advertisement. The relevant notice shall include the subject of the infringement and description of the facts that provide reasonable cause to believe that infringement has taken place and the data necessary for identification of the infringing advertisement. The SERVICE PROVIDER shall provide for removing the advertisement concerned within 12 hours after receipt of the notice while informing the ADVERTISER simultaneously by electronic means. The ADVERTISER shall, within 8 days after delivery of the notice, file an objection to the SERVICE PROVIDER in the form of a private document with full probative force or in a notarial document to include the data necessary for identification of the advertisement removed and a reasoned declaration stating that the advertisement does not infringe the rights of the data subject set out in the notice. After receipt of the objection, the SERVICE PROVIDER shall publish the ADVERTISEMENT concerned again while notifying the data subject simultaneously except if removal was ordered by a court or authority. If the ADVERTISER files no objection or it does not include the requisites prescribed in this clause, the SERVICE PROVIDER shall refrain from further publication of the advertisement. The data subject shall enforce his claim related to the infringement within 10 days after receipt of the notice before a court or authority, the SERVICE PROVIDER will remove the advertisement again within 12 hours after receipt of the court’s or authority’s decision ordering preliminary injunction while informing the ADVERTISER simultaneously. The parties shall confirm receipt of all electronic mails received during this procedure to each other.
8.2.3. The notice received from the MEDIA OWNER shall contain the data necessary for identification of the advertisement containing illegal content. The ADVERTISER acknowledges that if the notice is received from the MEDIA OWNER providing the online ad space, the SERVICE PROVIDER shall remove the advertisement objected from its website without examination of its content and shall refrain from its further publication on the website objected. By accepting these GTCC the ADVERTISER acknowledges that the MEDIA OWNER providing the online ad space shall be entitled to request removal of the advertisement placed on the online ad space under this clause even if it is conflicting with its business activity in any way, with its agreements in effect and with its other legal interests .
8.2.4. The SERVICE PROVIDER reserves the right to reject or to partially accept the ADVERTISER’s order if the nature, content or appearance of the advertisement to be placed is conflicting with the SERVICE PROVIDER’s image or perspective. Accordingly, the SERVICE PROVIDER shall be entitled to reject publication of the advertisement without giving the reasons, based on its subjective judgment, in which case the campaign will be suspended. The SERVICE PROVIDER considers conflicting with its image and perspective, in particular, including but not limited to, advertisements with violent nature, advertisements inciting behaviour that compromises third parties or public order, advertisements depicting sexuality in an explicitly pornographic manner, advertisements suitable otherwise for disturbing law and order, or advertisements reasonably be presumed to be against legal restrictions.
8.2.5. The SERVICE PROVIDER reserves the right and opportunity to cooperate with additional partners, in particular, including but not limited to, with other electronic advertisement brokering systems, as a result of ROBECON International’s international online activity, promoting so the even more comprehensive and successful service of its ADVERTISERS in placement of ads.
9.1.1. By accepting these GTCC the ADVERTISER acknowledges that the legal relationship between the parties automatically terminates if a period longer than 365 days elapses without the ADVERTISER using the service or no interaction occurs in connection with the advertisement he has ordered to be placed. The SERVICE PROVIDER shall immediately notify the ADVERTISER of the termination of the legal relationship by e-mail.
9.2.1. The ADVERTISER is entitled, without giving the reasons, to terminate this contract with immediate effect by his unilateral statement addressed to the SERVICE PROVIDER.
9.2.2. The SERVICE PROVIDER shall be entitled, without giving the reasons, to terminate this contract with a 5-day notice period by its unilateral statement addressed to the ADVERTISER.
9.2.3. The SERVICE PROVIDER shall be entitled to terminate this contract with immediate effect by its unilateral statement, should the ADVERTISER severely breach these GENERAL TERMS AND CONDITIONS or other regulations applicable to the regal relationship hereunder or show a conduct regarding of which maintenance of the legal relationship cannot be expected of the SERVICE PROVIDER.
Such acts giving rise to immediate termination are, in particular, including but not limited to, if the ADVERTISER:
(i.) obstructs or compromises proper operation of the NETADEX SYSTEM,
(ii) uses the system improperly, in a misleading or deceptive manner, or in a manner that breaches or threatens network integrity
(iii.) provides incorrect or false data and/or information to the SERVICE PROVIDER, acting on behalf of a third party without proper authorization
(iv.) uses the NETADEX SYSTEM in an illegal manner or for illegal purposes; or in a manner deemed by the SERVICE PROVIDER to be intent for breaching the law or to be suitable for infringing the rights and legitimate interests of third parties,
(v) shows a conduct infringing or compromising the rightful financial, economic or market interests of the SERVICE PROVIDER.
9.2.4. The SERVICE PROVIDER declares that, regardless of the enforcement of its right to terminate due to the ADVERTISER’s breach of conduct, the SERVICE PROVIDER reserves the right to claim reimbursement from the ADVERTISER for any loss caused by his breach of contract and to permanently ban the ADVERTISER from using NETADEX SYSTEM
9.3.1. Termination of the legal relationship for any reason shall not exempt the parties from the duty of accounting with each other based on the services already rendered. The ADVERTISER shall be entitled to claim reimbursement of the balance of the fee outstanding if the legal relationship hereunder is terminated due to an inevitable circumstance beyond the parties’ control provided that the transaction costs of re-transfer may be deducted from the balance of the fee outstanding.
9.3.2. The parties are obliged to return all assets and documents received from the other party for the performance of the contract and owned by the other party within 15 days after the termination of the legal relationship.
9.3.3. The SERVICE PROVIDER shall permanently delete the ADVERTISER’s personal user PROFILE on the 30th day following the termination of the legal relationship. The ADVERTISER is not entitled to use the service and the SERVICE PROVIDER is entitled to suspend the access to it in the period between the termination of the legal relationship and the deletion of the PROFILE.
10.1. The primary means of communication during the performance of the contract is electronic mail. The ADVERTISER shall ensure that all messages sent to the e-mail address specified by him can be delivered successfully and shall bear the damages arising from his failure to do so
10.2. All notices and information regarding the performance of this contract shall only be valid if given in writing, by electronic mail or by registered mail
10.3. Contacts for the SERVICE PROVIDER
| Mail address: | ROBECON International FZ-LLC , FDRK 3458 Compass Building, AI Shohada Road. AI Hamra Industrial Zone – FZ , Ras Ai Khaimah , United Arab Emirates |
| E-mail: | office@robeconinternational.com |
10.4. If delivery is made by certified mail with return receipt requested, the date of delivery shall be the date indicated on the return receipt. Return of the return receipt marked as "not searched", "recipient unknown", "recipient moved" or refusal to receive the mail or a mail sent under registered cover shall be regarded by the parties, whether the mail is received or not, as received by the recipient on the 5th business day following its posting.
10.5. An electronic mail shall be regarded as delivered on the same day it is sent by the SERVICE PROVIDER to the address specified by the ADVERTISER unless it is returned with an error message that delivery was unsuccessful.
11. The parties undertake to handle all facts, information and other data of the other party obtained under the legal relationship hereunder as trade secrets, and to keep them with no limitation in time even after termination of the legal relationship hereunder, as well as to refrain either from disclosing them to unauthorized persons or from making them public, failing which the breaching party shall indemnify the other Party immediately for all damages and costs incurred by the breach of contract.
12.1. The parties undertake to cooperate with each other while performing the contract and to notify each other of all material facts and circumstances. The parties undertake to attempt to settle any dispute arising from this contract amicably.
12.2. If a dispute cannot be settled amicably, it shall be referred to the competent Consumer Protection Authority competent at the Service Provider’s registered seat. The parties agree, and by accepting these GTCC the ADVERTISER consents, to stipulate the jurisdiction of the courts of the United Arab Emirates over the disputes concerning this contract, if any, regardless of their nationality.
12.3. The Service Provider declares that it does not submit itself to the decision of a Conciliation Panel.
13.1. The provisions of these GTCC shall take effect on 01 Juny 2022 and shall be valid until withdrawal.
13.2. The parties may only deviate from these GENERAL TERMS AND CONDITIONS by a separate written agreement.
13.3. The SERVICE PROVIDER reserves the right to revise these GTCC, in which case the revised GTCC in a consolidated structure including all amendments will come into effect on the day when it is published and will be applicable to contracts already in force, except if the SERVICE PROVIDER changes the minimum fee, which shall only be applicable to advertising campaigns to be launched after the effective date of the revised GTCC.
13.4. The ADVERTISER shall be entitled to submit objections to a part or the whole of the amended provisions until the 3rd day of their publication, in which case they shall not be applicable to the contracts and conditions of contract already in force between the objecting ADVERTISER and the SERVICE PROVIDER. The ADVERTISER acknowledges that his failure to submit an objection to the amended provisions combined with his continuing use of the SERVICE after the effective date will be regarded by the SERVICE PROVIDER as he acknowledges the revised provisions as binding for himself.
13.5. By accepting these GTCC the ADVERTISER agrees to acknowledge the provisions of these GTCC as binding for himself even if the provisions contained in these GTCC are conflicting with his own general terms and conditions of contract.
13.6. This contract is subject to the laws of the United Arab Emirates. The language of the contract is English. The matters not regulated in this agreement shall be subject to the laws and other rules of law in force applicable at the SERVICE PROVIDER’s registered seat.
01.06.2022
ROBECON International FZ-LLC
FDRK 3458 Compass Building, AI Shohada Road. AI Hamra Industrial Zone – FZ Ras Ai Khaimah , United Arab Emirates