BEFORE REGISTERING AN ACCOUNT ON BIDEXCHANGER PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH ANY CLAUSE DO NOT USE THE PLATFORM AND DO NOT REGISTER YOUR ACCOUNT ON THE PLATFORM. ACCOUNT REGISTRATION ON THE BIDEXCHANGER PLATFORM MEANS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW.
This Agreement (hereinafter referred to as the Agreement) has been concluded between:
Lasenicka 1512, Kyje, 198 00 Praha 9
>Praha, Czech Republic
VAT ID CZ27442624
(Hereinafter referred to as the Platform, BidExchanger) and
You (hereinafter referred to as the Advertiser, the User).
Advertiser implies an individual or a legal entity, upon the request and on the basis of the instructions of which the Platform shall perform the buying-out of advertising.
Platform implies a package of technical and software tools, the use of services of which is provided for the buying-out of advertising presentations in favor of the Advertiser in advertising networks.
Advertising networks implies websites, applications and other media that provide the services for selling advertising presentations of creatives to third parties.
Account implies a personal account registered by the Advertiser at http://my.bidexchanger.com, intended for transferring funds, viewing statistics and managing advertising campaigns.
Account balance implies the amount of the Advertiser's funds paid as a pre-payment for the services provided by the BidExchanger Platform, excluding the funds already expended for the provision of services and commissions charged at the replenishing the balance of the account or the refunds.
Advertising campaign implies a set of instructions and settings created by the Advertiser to buy out advertising in favor of the Advertiser and attracting visitors to the Advertiser's website
Advertising materials (creatives) implies graphic, web-linked, video and other materials presented to the visitor of the website to attract the said visitor to the Advertiser's website.
The Agreement is developed by BidExchanger and stipulates the conditions of using the Platform as well as the rights and obligations of its users and BidExchanger.
BidExchanger reserves the right to amend the text of this Agreement notifying users about it by publishing a new version of the Agreement on the Platform. The user shall regularly monitor the modifications introduced to the Agreement. If the User does not consent to the new version of the Agreement, the User shall immediately stop using the Platform. If after the entry into force of the new version of the Agreement the User continues to use the Platform, the User thereby confirms his full consent to the new version of the Agreement.
The User shall fully familiarize himself with the terms of the Agreement before the start of the registration procedure.
The acceptance of this Agreement shall be carried out by the User by accepting the terms of the Agreement during the registration or from the time the User starts using the Platform without registration insofar as it is permissible by the functionality of the Platform.
BidExchanger shall provide Advertisers with the services of buying out spaces for placing their advertising materials in advertising networks for the purpose of presenting them to an unlimited number of persons interested in purchasing the services/goods of the Advertiser.
The Advertiser is not required to pay for the registration and access to the Platform.
Under this Agreement, BidExchanger shall provide the Advertiser with a range of services on both a paid basis and a free basis.
Free services include the information services, in the framework of which the Advertiser shall not have any financial obligations to BidExchanger.
Paid services include the services, in the framework whereof the Advertiser undertakes to transfer funds to BidExchanger by activating the service and simultaneously debiting the appropriate amount from the account balance of the Advertiser, and BidExchanger in turn undertakes to provide such services to the Advertiser.
A paid service is deemed ordered from the moment when the Advertiser has paid for the ordered service.
BidExchanger has the right to deny the Advertiser the provision of services, in the following cases:
Under this Agreement, BidExchanger shall provide paid services to the Advertiser and charge monetary payments for such services conditional to their nature.
To optimize the financial processes between BidExchanger and the Advertiser in the Platform, a special electronic settlement system has been introduced.
At the time of the Advertiser's registration procedure, in addition to a number of functionalities, a personal account is formed, which is account specific.
In the event the account of the Advertiser lucks the funds sufficient to order a paid service, such service shall not be provided.
To activate paid services, the Advertiser is encouraged to replenish the account balance in the amount sufficient to order paid services. The crediting of the Advertiser's money to the personal account is made by any of the methods offered by BidExchanger in the Platform.
BidExchanger undertakes to:
BidExchanger has the right to:
The Advertiser is obligated to:
The Advertiser has the right to:
The parties have the right to terminate this Agreement unilaterally at any time.
Calculation of account expenses.
Bank transfer with the incoming commission of 0%. The payment can be executed in USD or EUR (SEPA). BidExchanger does not charge a commission for replenishment by bank transfer. The commission charged by the bank of the Advertiser shall be paid by the Advertiser. Payments must be sent with the type SHA, OUR. The crediting of funds is made after their receipt on the settlement account of BidExchanger within 1 business day (UTC + 3).
Paxum – the commission for crediting is 0%; the crediting of funds is made after their receipt on the settlement account of BidExchanger within 1 business day in the payment system paxum.com. The maximum amount of replenishment.
Epayments – the commission for crediting is 0%; the crediting of funds is made after their receipt on the settlement account of BidExchanger within 1 business day in the payment system epayments.com.
Credit cards - the commission is 5%; the replenishment of the account occurs immediately after the transaction and the transfer of payment information to BidExchanger by our payment agent commercegate.com.
Refund of Funds.
All advertising materials shall be presented in the correct format (video, graphics, web-link).
All advertising materials shall undergo the preliminarily inspection for compliance with the rules of the advertising networks wherein they will be presented.
When using the Platform, the Advertiser shall not use the following promotional materials:
Each advertising network has the right to impose its own set of requirements and the advertising materials of the Advertiser shall adhere to them.
In the event that the advertising material does not meet the conditions of a certain network, it shall not be allowed for presentation only in the said network.
All advertising materials belong to advertisers and advertisers are fully responsible for their content and links.
BidExchanger is not liable for any direct or indirect damage to the Advertiser or third parties when using the BidExchanger Platform.
All disputable issues shall be considered by the parties in a pre-trial arrangement. In the event that the parties fail to reach the agreement, the dispute shall be settled according to the laws of the Czech Republic in the court at the location of BidExchanger.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, BIDEXCHANGER SHALL NOT BE LIABLE FOR DIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS, MORAL DAMAGE INCURRED BY THE USER IN CONNECTION WITH THE USE OF THE PLATFORM OR THE INABILITY TO USE IT, INCLUDING BUT NOT LIMITED TO, IN CONNECTION WITH:
a) PLACEMENT BY THE USER OF ANNOUNCEMENTS, ADVERTISING MATERIALS, MESSAGES, CONTENT OR LINKS TO THIRD-PARTY INTERNET RESOURCES INFRINGING ON THE REQUIREMENTS OF APPLICABLE LAW AND/OR THE RIGHTS OF THIRD PARTIES;
b) THE USE OF UNRELIABLE AND/OR IRRELEVANT INFORMATION AND/OR THE INFORMATION CAUSING MORAL DAMAGES AND/OR OTHER INFORMATION CONTRAVENING ANY VALID LEGISLATION, PLACED BY OTHER USERS,
c) THE LOSS OF ANY INFORMATION USED IN THE FRAMEWORK OF THE PLATFORM;
d) THE LOSS BY THE USER OF CONTROL OVER HIS ACCOUNT AND ACCESS TO THE USER’S ACCOUNT OBTAINED BY THIRD PERSONS;
e) THE DELETION OR TEMPORARY BLOCKING OF THE USER’S ACCOUNT AND THE PENALTIES AND ANY OTHER LIMITATIONS IMPOSED ON THE USER UNDER THE FRAMEWORK OF THE PLATFORM.
IN THE EVENT THAT THE USER VIOLATES THE PROVISIONS OF THIS AGREEMENT OR OTHER DOCUMENTS THAT GOVERN SUCH RELATIONS BETWEEN THE PARTIES, THE USER SHALL COMPENSATE BIDEXCHANGER IN FULL FOR ALL DAMAGES SUSTAINED IN THIS CONNECTION.
THE PLATFORM IS PROVIDED "AS IS", THAT IS WITHOUT GUARANTIES OF QUALITY AND APPLICABILITY OF THE PLATFORM FOR ANY EXPRESS OR IMPLIED PURPOSES. THE PLATFORM DOES NOT GUARANTEE ITS UNINTERRUPTED AND ERROR-FREE FUNCTIONING. BIDEXCHANGER HAS THE RIGHT (AND THIS IS AN IMPORTANT SERVICE CONDITION) TO DENY ACCESS TO THE PLATFORM FOR ALL USERS OR ANY OF THEM WITHOUT EXPLAINING THE REASONS, ON A TEMPORARY OR PERMANENTBASIS AND TO DELETE ANY INFORMATION OR ANY CONTENT PLACED IN THE PLATFORM BY THE USER. BIDEXCHANGER RETAINS THE RIGHT TO SUSPEND SERVICES TO USERS AT ANY TIME WITHOUT EXPLAINING THE REASONS. BIDEXCHANGER DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR THE ACCURACY, RELEVANCE, SAFETY OR RELIABILITY OF THE INFORMATION PLACED ON THE THIRD-PARTY INTERNET RESOURCES WHEREOF THE LINKS ARE PLACED BY USERS IN THE FRAMEWORK OF THE PLATFORM. THE USER ACKNOWLEDGES THAT, BY FOLLOWING SPECIFIED LINKS, HE ACTS AT HIS OWN RISK. BIDEXCHANGER DOES NOT GUARANTEE THE SAFETY OF THE LINKS AND CONTENT PLACED BY THE USERS IN THE PLATFORM; THEREFORE, IF THE USER IS INTERESTED IN PRESERVING ANY CONTENT PLACED WITHIN THE FRAMEWORK OF THE PLATFORM, HE SHALL USE OTHER METHODS OF SAVING THE NECESSARY INFORMATION. THE USER ACKNOWLEDGES THAT HE USES THE PLATFORM AT HIS OWN RISK. BIDEXCHANGER DOES NOT WARRANT THAT ANY INFORMATION PLACED BY USERS IN THE FRAMEWORK OF THE PLATFORM WILL MEET THE CRITERIA OF RELIABILITY, ACCURACY, AND RELEVANCE. BIDEXCHANGER DOES NOT WARRANT THAT THE INFORMATION PLACED BY OTHER USERS SHALL NOT CAUSE THE USER MORAL DAMAGE, PHYSICAL DAMAGE OR LOSS.
BidExchanger does not disclose to third parties the content of the creatives, campaign settings, financial account information, personal information of the Advertiser and other information related to the activities of the Advertiser on the BidExchanger Platform, except for requests of official bodies that have the appropriate rights and in the cases described by the legislation of the Czech Republic.
This Agreement is governed and interpreted in accordance with the laws of the Czech Republic.
All disputes that arise within the framework of the implementation of this Agreement and other legal documents of the Platform shall be resolved through negotiations.
In the event that the settling of the dispute through negotiations proves to be not possible, the dispute shall be referred to the consideration of the courts in any jurisdiction at the location of BidExchanger.
The Agreement is valid for an indefinite term of the existence of the Advertiser's account on the Platform.
BidExchanger has the right to modify the current terms and conditions at any time with the notification provided to the Advertiser to the email address specified in his account.