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Affiliate Program Terms and Conditions
Paragraph 1 Basic definitions
- Organizer: Starlit Accounting sp. z o. o. with its registered seat in Wrocław, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna, VI Commercial Division, under the number 0000402901, NIP Number /Tax Identification Number/: 8943036122.
- Program: Starlit Affiliate Program.
- Partner: an entity participating in the Program, regardless of its status, organizational form or the fact of running a business.
- New Client: an entity that has not yet signed any contract with the Organizer at the time of referral.
- Products: Products and services offered by the Organizer, accounting services, accounting audit services, services related to the writing of business plans and EU applications and the preparation of financial statements.
- Effective recommendation: the recommendation is considered effective at the time of signing the contract between the Organizer and the New Client as a result of actions taken by the Partner, provided that the sale of the Product requires the signing of a separate contract and payment of remuneration required by the New Client.
Paragraph 2 Purpose and participation in the Affiliate Program
- The aim of the Program is for the Partners to support the sale of Products made available by the Organizer.
- Only persons indicated in Paragraph1 section 2 of these Terms and Conditions shall participate in the Program 2 of the Terms and Conditions.
- Joining the Program is completely voluntary and takes place by communicating the will to join to the Organizer via the form available on the Organiser’s website. In order to successfully join the Program, it is obligatory to submit a declaration of acceptance of the provisions of these Terms and Conditions.
- The cooperation of the Organizer and the Partner has no time scope. Both the Organizer and the Partner may resign from cooperation by submitting a declaration to the other party. The cooperation is terminated upon the expiry of the 7-day notice period.
- By joining the Program, the Partner declares that he has read the Terms and Conditions of personal data processing and agrees to the processing of his personal data for the purposes of participation in the Program in accordance with generally binding provisions, including: the Personal Data Protection Act of August 29, 1997 ( Journal of Laws 2019.1781, i.e.) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / WE (GDPR)
- Information on Partners will not be passed on to third parties.
- The Organizer has the right to exclude the Partner from the Program and to terminate the cooperation unilaterally with immediate effect if the Partner violates these Terms and conditions or if the Partner’s action violates the interests of the Organizer or its clients.
Paragraph 3 Commission Policies
- For an effective recommendation, the Partner is entitled to remuneration in the form of a commission.
- In the event that the Organizer’s Products are recommended to a New Client by more than one Partner, the recommendation made first is deemed to be Effective; The Organizer together with the New Client shall determine which recommendation was made first. In the event when it is not possible to establish which recommendation was made first, the commission for an Effective Recommendation shall be paid to each of the referring Partners in equal parts.
- The commission is payable only if the New Client concludes an Agreement with the Organizer for a minimum of 12 months.
- The commission is paid in twelve equal, monthly instalments, starting from the month in which, according to the Agreement, the Organizer started providing services to the New Client. If the New Client terminates the contract with the Organizer before the expiry of twelve months from the conclusion of the contract, the Partner is not entitled to further commission instalments, counting from the month following the month in which the Organizer’s contract with the New Client is terminated.
- The amount of the commission for an effective recommendation of the Organizer’s services related to bookkeeping is equivalent to the first monthly remuneration paid to the Organizer by a New Client.
- The amount of the commission for the effective recommendation of Products other than those indicated in section 5 of this Article, will be agreed each time between the Organizer and the Partner after the Partner joins the Program.
- The commission for an Effective Recommendation is paid only for the sale of the first Product. The Partner is not able to further or additionally recommend a New Client for other Products after the Organizer has established cooperation with a New Client.
- The Organizer reserves the right to change the commission rates. Changes shall not apply to transactions already concluded. The Partner is obliged to notify the Organizer whether he accepts the change in commission rates within 7 days from the date of sending information about this fact by the Organizer. Failure to notify the Organizer within the 7 day period shall be deemed as acceptance of the change in commission rates by the Partner. If the Partner does not accept the change in commission rates, the cooperation shall be terminated with immediate effect.
- The Partner has the right to transfer some or all of the commission due to the New Client. In this event, the remuneration due to the Organizer from the New Client for the services provided is reduced by the value of the commission of the Partner. The Partner is not entitled to transfer the commission to third parties other than the New Client.
Paragraph 4 Remuneration
- [Partner’s remuneration]
- a. is payable on the basis of a VAT invoice issued by the Partner for the amount of the commission plus the VAT due, then the Organizer shall provide the Partner with information on the amount of the commission or
- b. is payable on the basis of a civil law contract, if the Partner is a natural person who does not conduct business activity, then the amount of the commission is gross, the obligatory public-law liabilities will be deducted from the amount of the commission, or
- c. if the Partner is an entity for which the Organizer provides services, the remuneration is settled as part of the invoices issued by the Organizer for the ongoing provision of services and is reduced accordingly by the value of the commission charged,
- The remuneration is paid in the manner specified in Paragraph3 section 3, each time within 7 days from the Organizer receiving the remuneration from a New Client for the service provided.
Paragraph 5 Partner’s obligations
- The Partner provides the Organizer with contact information on the New Client at the e-mail address: Wspolpraca@starlit.pl. The contact information should contain at least the name and surname, telephone number and e-mail address of the person authorized to represent the New Client, as well as the company’s tax identification number. The Organizer may later inform about the change in the e-mail address for sending this information.
- The Partner is not authorized to:
- a. a. Concluding or terminating contracts on behalf of the Organizer,
- b. Accepting remuneration due from a New Client on behalf of the Organizer. In the event of receiving such remuneration, the Partner is obliged to immediately inform the Organizer of this fact and hand over the remuneration in full,
- c. c. receiving on behalf of the Organizer notifications about defects and statements regarding the performance of the contract that the Organizer concluded with the New Client,
– in case of doubt, the Partner is obliged to inform the New Client about the lack of the authorizations referred to above.
- The Partner is obliged, in particular, to provide all information relevant to the Organizer and to follow his instructions justified in the given circumstances, as well as to take actions necessary to protect the Organiser’s rights in the scope of the cases being handled.
- If the Partner uses the help of third parties when recommending Products, the Organizer is not responsible for any claims of these third parties due to the actions performed.
- The partner bears full responsibility for the actions and omissions of the third parties who help him perform the obligation.
- The Partner is not entitled to reimbursement of expenses related to the performance of activities in connection with participation in the Program.
- The Partner agrees to the Organizer sending:
- a) newsletters,
- b) other information related to the activities of the Organizer, Products and Regulations,
- instructions on the manner and scope of executing instructions.
- The application of Art. 76112 ofthe Civil Code to these Terms and Conditions.
Paragraph 6 Final Provisions
- In matters not covered by these Terms and Conditions, the relevant Polish regulations, including the Civil Code, will apply. In the event of participation in the Program of natural persons who do not conduct business activities, the provisions on the agency agreement do not apply to their rights and obligations.
- For the effective submission of all declarations of will, notifications, notifications and content referred to in Paragraph5 article 6 of these Terms and Conditions, a documentary form of thereof, including the electronic form (e-mail), is sufficient.
- The Terms and Conditions enter into force on May 21, 2020.
- The Organizer is entitled to unilaterally amend the Terms and Conditions, and notify the Partner of this fact for example by e-mail. The provisions of Paragraph3 article. 3 of the Terms and Conditions shall apply accordingly.
- Any comments regarding the Terms and Conditions should be reported to the e-mail address: Wspolpraca@starlit.pl
- The Terms and Conditions are available at the Organiser’s office and on the website www.starlit.pl.
- In the event of a dispute between the Organizer and the Partner, the competent court of settlement is the court of local jurisdiction of the Organizer.