Date of updating the Terms and Conditions: 8 October 2020
Terms and Conditions – the present document setting out rules of the Partner Programme. Each Partner is obliged to accept the Terms and Conditions in order to participate in the Partner Programme.
Partner Programme– the programme that aims to recommend Services provided by FOTC to customers by the Partner and to transfer to FOTC Leads, under rules specified in the Terms and Conditions, for which the Partner receives the remuneration.
FOTC – established in Wrocław, Rzeźnicza 32/33, 50-130 Wrocław, entered into the register of entrepreneurs managed by the District Court for Wrocław-Fabryczna, VI Division of National Court Register, under no. 0000500884, with the share capital amount of 10.000 PLN, Tax Identification Number (NIP) 8971797086, who organizes the Partner Programme.
Partner – an entity which joins the Partner Programme via the website at: https://partners.flyonthecloud.com, accepts the Terms and Conditions and recommends the Services. Only entrepreneurs i.e. a natural person, legal person and organizational unit conducting business or professional activity on its own behalf may be a Partner (B2B relationship with FOTC). The Partner receives a remuneration from FOTC for each agreement for Services effectively concluded by FOTC with Customers recommended by the Partner.
Customer – an entity interested in purchase of Services, recommended by the Partner.
Lead – contact data of Customer, provided to FOTC by the Partner.
Google Workspace Services – services offered by FOTC, including reselling of cloud solution licenses, i.e. Google Workspace Business Starter, Standard, Plus, Enterprise, provided directly by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland).
GCP Services – services offered by FOTC, including reselling of a cloud solution licenses, i.e. Google Cloud Platform, provided directly by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland).
Services – Google Workspace Services and GCP Services.
Data protection rules – means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (herein as: GDPR), the Personal Data Protection Act of 10 May 2018, as well as other national relevant and equivalent legislation.
FOTC provides the Partner with the website at: https://flyonthecloud.com/pl/program-partnerski/, through which the Partner can join the Partner Programme and accepts the Terms and Conditions. To join the Partner Programme, the Partner’s data contact must be provided to FOTC. After providing them via the contact form and accepting the Terms and Condition, FOTC arranges a video conversation with the Partner in order to establish the financial conditions of cooperation within the Partner Programme. The Partner has access to the current content of the Terms and Condition at any time, which is available at: http://www.flyonthecloud.com/partnership-program-regulations
Any entrepreneur may become a Partner with the exception of employees and associates of FOTC and FOTC’s affiliates (related by capital or person).
The participation in the Partner Programme is voluntary and prerequisite for joining the Partner Program is to provide data contact of the Partner via the contact form and acceptance of Terms and Conditions.
The Partner is obliged to provide the truthful data in the contact form. If data provided by the Partner is not truthful FOTC is entitled to not contact the Partner, delete Partner’s data from the database and not pay the remuneration.
In the contact form, the Partner needs to provide FOTC with the following information:
name of the company.
After determination of the financial conditions of cooperation, the Partner is obliged to provide all data necessary to receive the remuneration and performance of tax obligations according to the applicable law.
If Partner will not provide necessary information, FOTC is obliged to deny the payment of the remuneration. In case of any change of Partner’s data during the Partner Programme, Partner is obliged to inform FOTC about any change under the pain of excluding Partner from Partner Programme.
The participation in the Partner Programme does not constitute an authorization of Partner to act on behalf of and for the benefit of FOTC, to submit any declarations of will, to determine any conditions of the cooperation with the Customer including making any offer or negotiation. All arrangements regarding the cooperation between FOTC and the Customer are made by the representative of FOTC.
Partner can not use the logo of FOTC or the logo of the entity indicated in §1 sec. 7 and 8 of the Terms and Conditions within its activities of gaining Leads.
3. PARTNER PROGRAMME RULES
Partner receives the remuneration from FOTC for each effectively concluded agreement for Services between FOTC and Customer, based on the Leads provided by the Partner. In case of:
Google Workspace Services – the necessary condition for receiving the remuneration from FOTC is receiving the Customer’s payment for the first invoice regarding Google Workspace Services. The remuneration is one-off – equal agreed percentage of the net value of invoice for Google Workspace Services for 12 months.
GCP Services – the Partner’s remuneration is equal to percentage of the paid value of net invoice for each quarter (3 months) of using the GCP Service by the Customer and is due to the Partner for the first 12 months of using the GCP Service, i.e., the Partner will receive remuneration no more than 4 times. The condition for the payment of remuneration by FOTC to the Partner is the payment by the Customer of all invoices for GCP Services for the period covered by the settlement.
FOTC arranges financial conditions of cooperation with the Partner after his submission to the Partner Programme and acceptance of the Terms and Conditions. FOTC appoints representatives responsible for the Partner Programme, including arrangements regarding financial conditions of the cooperation.
FOTC reserves the right to arrange financial conditions with each Partner individually and depending on the type of Services ordered by the Customer. Financial conditions will be confirmed by the FOTC and the Parter in electronic form and will determine the Partner’s remuneration from FOTC. For active taxpayers of the tax on goods and services not benefiting from the exemption from this tax, this amount will be increased by the due tax on goods and services, according to the rate applicable on the date of payment of the remuneration.
Until the end of the calendar month, FOTC informs the Partner about the number of Customers who have signed agreements for Services with FOTC based on Leads provided by the Partner and information about invoices paid by the Customer.
Within 7 days after receiving the information mentioned in §3.4 of the Terms and Conditions, the Partner issues a VAT invoice (its amount depends on the Customer’s payment of the invoices for the ordered Services) and sends the electronic invoice to FOTC to the following address: email@example.com
FOTC pays the remuneration within 14 days from delivery of the properly issued invoice to the account number indicated on the invoice.
Partner appoints a person authorized to contact with FOTC and transfer Leads.
The provided Lead can not include the data of FOTC’s Customer who already has Services, who at the time of providing the Lead are in the phase of negotiating the terms of cooperation with FOTC, for any of the services offered by FOTC or those who cooperated with FOTC in the last 12 months counted to the date of providing a Lead.
data sent by the Customer by completing the contact form on the Partner’s website.
The Partner may provide an unlimited number of Leads to the FOTC during the Partner Programme.
Partner may resign from participation in the Partner Programme at any time by sending relevant information in electronic form to the FOTC to the address indicated in § 5.9 of Terms and Conditions. In the event of resignation, Partner retains the right to remuneration if the Customer concludes a Service agreement with FOTC by the end of the following month after the resignation day.
If during the Partner Programme FOTC finds out that the Partner’s actions are contrary to the provisions of the Terms and Conditions or legal provisions, FOTC has the right not to pay the Partner’s remuneration or to adjust the amount of the Partner’s remuneration.
FOTC has the right to exclude the Partner from the Partner Programme or refuse to recognize Lead if the actions of the Partner or the Customer are contrary to the provisions of the Terms and Conditions or applicable law.
If the Customer’s data provided by the Partner are false, were obtained by the Partner with violation of the Personal Data Protection Rules or the entity has not consented to their transfer for the purpose of presenting Services, FOTC reserves the right not to pay the Partner remuneration for Lead containing such data.
It is forbidden for the Partner to recommend the Services to itself and its affiliates. In this situation, apply § 3.12 of Terms and Conditions.
Partner is allowed to put on Partner’s website a contact form that will forward the data of customers interested in services to FOTC. The Partner is responsible for adapting its documentation contained on the site in terms of information necessary for the lawful collection of contact details via the contact form.
4. PERSONAL DATA PROTECTION
Partner, in the event of the Customer’s contact details being provided to FOTC, is always required to obtain the Customer’s consent to provide this data for the purpose of contacting and presenting the offer regarding Services by FOTC.
Partner undertakes and guarantees that:
for the purposes of participation in the Partner Programme, and in particular in connection with providing Leads to FOTC, meets the requirements set out in the Personal Data Protection Rules,
the processing of personal data for the purpose referred to in point a) will not be caused by FOTC or lead the data subject to violation of the provisions on the Personal Data Protection Rules.
Upon request, the Partner releases FOTC from liability for any violations, in particular the provisions on the Personal Data Protection Rules, personal rights or resulting from the Customer receiving unsolicited commercial / marketing information that arose directly or indirectly in connection with the act or omission of the Partner or a person acting in on his behalf. The release from liability is not limited in amount and applies to all obligations and amounts (in particular legal expenses, claims, demands, losses, damages, costs of proceedings, penalties) which FOTC would be charged if the violation was caused by the Partner or persons acting on his behalf.
In the event of a change of the Terms and Conditions, the Partner shall have the right to object to its changed content. This will be tantamount to the Partner’s resignation from participating in the Partner Programme. The objection must be submitted in electronic form within 14 days of being notified of the change, to the email address indicated in § 5.9 of Terms and Conditions. The Partner retains the right to remuneration if the Customer concludes a Service agreement with FOTC by the end of the following month after Partner’s resignation.
FOTC has the right to terminate the Partner Programme at any time. The Partner will be notified about the termination to the e-mail address provided during registration. The Partner retains the right to remuneration if the Customer concludes a Service agreement with FOTC by the end of the month after the end of the Partner Programme.
FOTC is not responsible for any damages resulting from violation of the Terms and Conditions by the Partner, and in particular for lost profits of the Customer.
Any disputes that may arise under the Terms and Conditions the Parties (i.e. Partner and FOTC) shall at first settle amicably.
The Terms and Conditions are binding as of [……] 2020.
The Terms and Conditions are subject to Polish law.
If you have any questions or concerns, please contact with us via:
post mail to the address: ul. Rzeźnicza 32/33, Wrocław (50-130)
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