General Terms Of Service And Conditions
of PPC Bee s.r.o. company
Reg. No.: 040 38 002, with registered office in Prague 5, Smíchov, Křížová 2598/4, postal code: 150 00 registered in the Companies Register maintained by the Municipal Court in Prague, Section C, File 241330
These General Terms and Conditions /hereinafter “GTC”/ of the company of PPC Bee s.r.o., reg. No. 040 38 002, with registered office in Prague 5, Smíchov, Křížová 2598/4, postal code: 150 00, registered in the Companies Register maintained by the Municipal Court in Prague, Section C, File 241330 /hereinafter referred to as “Provider”/ regulate mutual rights and obligations between the Provider and a person (natural person, legal person) in the course of his/her business or in the exercise of his/her business /hereinafter “Client”/ incurred in connection with the provision of service based on using the PPC Bee website and application which is intended to manage PPC product and long tail campaigns in PPC systems operated by third parties. The PPC Bee application is located on the website: www.ppcbee.com.
Provisions diverging from these GTC can only be negotiated in a contract. Diverging provisions in the contract or other agreements between the parties shall prevail over these GTC.
Wording of the GTC may be changed or supplemented by the Provider. The change or supplement becomes effective for the Client upon delivery of the amended GTC to him/her. Unless the Client delivers a written notice of termination of the contract to the Provider within 30 days from receipt of the amended GTC (paper or paperless way), the amended GTC are deemed as approved. This provision shall not affect the rights and obligations arising under the effective period of the previous version of GTC.
DEFINITION OF TERMS
“Contract” – Service contract for Internet applications concluded by and between the Supplier and Client, subject of which is provision of the PPC Bee application for creating and managing PPC campaigns published on the website www.ppcbee.com.
“PPC Bee Application” – application to manage PPC product and long tail campaigns in PPC advertising systems of Google AdWords and Seznam Sklik and other advertising systems that are managed by the Client him-/herself via the administration interface of the Provider.
“PPC systems” - pay-per-click; advertising systems allowing advertisers to place their advertising on the Web, whereas each placement is paid only when a user clicks on the advertiser’s advertisement.
ENTERING INTO THE CONTRACT
- In the Contract, Provider agrees to provide the Client with services defined in the offer, Contract and this GTC and Client agrees to pay a price for them to the Provider.
- The Contract is entered into as follows:
- Client signs up at http://app.ppcbee.com/sign_up and subsequently has the opportunity to test the PPC Bee Application in actual operation for a trial period of 30 (thirty) days.
- After the 30 day trial period, Client is contacted by the Provider to a telephone number or email address provided by him-/herself and invited to enter in a Contract within the range of any of the offers posted on the www.ppcbee.com website. Invitation to enter into the Contract within the range of any specific offer shall be deemed as Provider’s proposal to enter in the Contract. Selecting the offer by the Client shall be deemed as the acceptance of the proposal to enter into the Contract.
- Contract is entered into upon being signed by both parties.
RULES FOR USING THE PPC Bee APPLICATION
- Client signs up under his/her username and password at http://app.ppcbee.com/sign_up. Based on this registration, Provider shall allow Client to enter input data on his/her products and marketing campaigns into the PPC Bee Application interface to be processed in it; Client can try how the PPC Bee Application works. Subsequently, he/she can test the PPC Bee Application in actual operation for a trial period of 30 (thirty) days in which Provider shall perform the initial campaign setup and campaign control.
- After the expiry of the 30 (thirty) day trial period, Client is obliged to enter into the Contract, i.e. to select an option from those offered by the Application Provider /order a package/. In case Client is not interested in entering into the Contract with the Provider, Provider is entitled to suspend provision of PPC Bee Application services and hide the application created by the Client.
- After entering into the Contract, Client is entitled link his/her PPC account with the Provider’s system, whereas this linking will occur through API, to synchronize advertisement groups and keywords with PPC systems. Provider is not responsible for malfunctioning of the Application if the PPC system operator has no API available.
- Creating campaigns will be carried out in PPC systems under accounts owned by the Client. After entering into the Contract, Client is obliged to provide the Provider with access information to his accounts in PPC systems.
- During the Contract period, Provider is obliged to provide Client with technical support and assistance in the event that the Client asks for it. Client can ask for support and/or assistance by contacting the administrator via e-mail at: firstname.lastname@example.org. Support is available every working day between 8:00 AM and 3:00 PM CET.
- Provider agrees to inform the Client via direct mailing (in particular about the due date of individual payments), via blog or newsletters (in particular about the news, and other matters related to the provision of services).
- Client hereby grants permission to the Provider to collect and use data entered about him-/herself for purposes related to the provision of Provider’s services. Provider shall use the personal data of the Client in accordance with relevant provisions of Act No. 101/2000 Coll., on the Protection of Personal Data and Amending Certain Laws, as amended. Provider is not authorized to disclose Client’s data to third parties.
- Provider is entitled to restrict or suspend provision of PPC Bee Application services if their provision is prevented by reasons originating from activities of third parties or force majeure (e.g. fire, flood, etc.) or due to a failure on the part of other providers, if these events objectively could not have been avoided.
- Provider accepts no responsibility for malfunctioning of PPC systems of Sklik and Adwords, or other systems operated by third parties, if these are utilized to use the PPC Bee Application. If such is the case, Client has no right to a refund of the price paid for the provision of services.
- Provider shall make every effort to implement any changes in the APIs of PPC system operators in advance. However, Provider accepts no responsibility for malfunctioning of PPC Bee Application due to unpredicted changes in APIs of PPC system operators that could not have been implemented by the Provider even with due professional care. If such is the case, Client has no right to a refund of the price paid for the provision of services.
- Provider is not liable for any damage caused by the Client in creating and managing campaigns or caused by content generated by him-/herself. Client is the copyright owner of all contents (created texts, keywords, etc.) entered from his/her part into the PPC Bee Application. Client is responsible for the contents of applications created by him-/herself and accuracy of the information to the full extent.
- Provider is not be liable for any violations of intellectual property rights of any third party arising in connection with Client’s using the PPC Bee Application.
- Provider is not be liable for any temporary or permanent loss, damage or destruction of Client’s data or third parties’ data in connection with using the PPC Bee Application, except for such data that have already been obtained from the sources monitored and backed up by the Provider.
- Client shall protect his/her usernames and passwords allowing access to the PPC Bee system interface. Provider shall not be liable for any loss or misuse of Client’s username and password.
- Client shall provide all assistance to the Provider needed to ensure proper provision of services, in particular to pass all the necessary information and documents, which the provider asks the Client for, if their provision is needed to accomplish the purpose of the Contract.
CONTRACT DURATION, WITHDRAWAL, TERMINATION
- Unless otherwise agreed in the Contract or by the consensus of parties, Contract is concluded for an indefinite period of time.
- Provider shall provide the services for Client throughout the duration of the Contract. However, providing services may be suspended by the Provider:
- while there is an obstacle on Provider’s part making it objectively impossible to provide some of the services stipulated under the Contract; or
- in other cases allowed by the Contract or these GTC.
- Provider is entitled to terminate provision of services under this Contract unilaterally and withdraw from the Contract without any further actions in the event that Client’s behavior presents a material breach of obligations arising from the Contract or GTC. A material breach of Contract includes:
- Client’s any late payment for more than 30 calendar days;
- repeated failure to satisfy obligations under the Contract and/or these GTC;
- using the services provided in violation of the Contract, these GTC, or applicable laws and regulations, good morals and common ethical values /e.g. uploading pornography, etc./.
- Client has the right to withdraw from the Contract without any further actions in the event that:
- PPC Bee Application is repeatedly, i.e. at least twice, unavailable without reasons on the Client’s part;
- Provider uses access data to the Client’s account in PPC systems for any purpose other than to perform the Contract.
- Notice of withdrawal must be executed in writing and must be delivered to the other party, whereas withdrawal must be preceded by at least one notification with a call to remedy the situation, in the form of a written notification, sent to the address of the other party.
- Withdrawal shall become effective upon the delivery of the notice of withdrawal to the other party.
- Both, Provider and Client are entitled to terminate the Contract by a notice of termination in writing, even without giving a reason. The notice period is 2 (two) months and begins on the first day of the month following the month in which the notice of termination was delivered to the other party.
OTHER AND FINAL PROVISIONS
- Contract between the Client and Provider shall come into force and effect upon its execution.
- Regarding delivery of documents, parties agree that a document is deemed to be delivered not later than on the 3rd day after its demonstrable submission for postal delivery.
- Contract concluded between the Client and Provider can be amended only by written amendments, signed by authorized representatives of both parties.
- If any provision of the Contract or these GTC becomes invalid or unenforceable, such invalidity or ineffectiveness does not affect other provisions of the Contract or these GTC.
- Contractual relationship and disputes arising therefrom shall be governed by Act no. 89/2012 Coll., Civil Code, as amended, and shall be decided by the competent court in the Czech Republic.
- Unless otherwise provided, these GTC fully replace all previous agreements between the Client and Provider, both written and oral.
- Unless otherwise provided in the Contract, these terms and conditions always apply. In case of conflict between provisions of the Contract and these GTC, provisions of the Contract shall prevail.
These GTC come into effect on 1 June 2016.