Terms and Conditions

Terminology
GEONDA GmbH:
GEONDA GmbH, Diefenbachgasse 35/HL3, 1150 Wien, Österreich, UID-Nummer: ATU71276503
PARTNER:
PARTNER advertises GEONDA‘s live camera system with integrated chats in his own media portfolio.
USER:
Every new customer successfully signing up with PARTNER can become a USER.
General terms
  1. The methods of integration into PARTNER’s web pages, TV-advertising and or print products lies in the sole responsibility of PARTNER. GEONDA only offers consultation.
  2. GEONDA does not assume liability for any statements on the partners media portfolio besides those on pre-prepared advertising tools offered in the admin area. Also GEONDA does not assume liability for all statements made by PARTNER on advertising tools that have been edited by PARTNER.
  3. GEONDA operates and oversees on behalf of PARTNER a dialogue system on which PARTNER refers his USERS.
  4. GEONDA is responsible for the configuration of the dialogue system. GEONDA agrees to provide the services of said dialogue system for 24 hours per day.
  5. GEONDA ensures the availability of said dialogue system on an average of 98% per year. Excluded are downtimes that are not in the responsibility of GEONDA (i.e. acts of nature beyond human control)
  6. GEONDA ensures the availability of a customer support on weekdays between 09am and 05pm. (CET)
Pictures and Advertising material
  1. All picture and video content provided by GEONDA for marketing means must only be used to advertise the dialogue system. All rights relating theses pictures and videos stay with GEONDA, used content must be removed within 10 days of an according request.
  2. Every commercial usage of said content must be agreed upon with GEONDA beforehand. All rights of usage expire with this contract.
Age verification
  1. GEONDA implements an age verification system for all countries, where this is obligatory.
  2. Changes in the law regarding age verification will be observed by GEONDA.
Duty to supply information
  1. PARTNER obliges to inform GEONDA at once on an outage of his system as well as all on all problems regarding the functionality of the dialogue system known to him.
  2. PARTNER may advertise the dialogue system as he wants. PARTENR takes the sole responsibility for all claims made in in his advertisings.
  3. Major advertising campaigns that may result in a drastic (more than 33%) change of traffic have to be communicated to GEONDA at least 14 days in advance.
Provison
  1. PARTNER may choose out of five different payout options for different campaigns. All USERS generated via on such campaign will be assigned to the according payout option.
  2. USERs that have been assigned to one payout model cannot be reassigned to a different model.
  3. Only USERs that have not been previously assigned to GEONDA and/or a PARTNER of GEONDA can be assigned to PARTNER’s system.
Model 1: RevShare
  1. PARTNER receives for his work a sales commission of variable amount for all gross turnover of USERS on his system using a payment option 1 system. These include at the moment of signing all payment options not billed via phone bill.
  2. The amount of the sales commission is dependent on the monthly gross turnover of all USERS of PARTNER assigned to payout model 1:
    Monthly gross turnover Sales commission for payout systems 1
    Up to – 10.000 EUR40%
    10.001 – 15.000 EUR42%
    15.001 – 20.000 EUR44%
    20.001 – 25.000 EUR46%
    25.001 – 30.000 EUR48%
    30.001 – 35.000 EUR50%
    35.001 – 40.000 EUR52%
    40.001 – 45.000 EUR54%
    From 45.001 EUR 56%
  3. Payments that did not materialize as well as chargebacks that have already been paid out will be cleared with next month’s billing. If that is not possible a separate bill will be commissioned for these charges. For chargebacks on the debit payment option a fee of 11.- EUR per chargeback will be charged which will be cleared with PARTNER’s billing.
  4. PARTNER receives for his work a sales commission of variable amount for all gross turnover of USERS on his system using a payment option 2 system. These include at the moment of signing all payment options billed via phone bill excluding PaybyCall.
  5. The amount of the sales commission is dependent on the monthly gross turnover of all USERS of PARTNER assigned to payout model 2:
    Monthly gross turnover Sales commission for payout systems 2
    Up to – 10.000 EUR20%
    10.001 – 15.000 EUR22%
    15.001 – 20.000 EUR24%
    20.001 – 25.000 EUR26%
    25.001 – 30.000 EUR28%
    30.001 – 35.000 EUR30%
    35.001 – 40.000 EUR32%
    40.001 – 45.000 EUR34%
    From 45.001 EUR 36%
  6. PARTNER receives for his work a sales commission of 0.40 € per minute on all PaybyCall minutes in Payment systems 3, which includes at the time of signing all PaybyCall offers.
  7. Chargebacks will not be included in the gross turnover and always cleared with the same sales commission value that was used for the month, the original payment of the chargeback took place.
Modell 2: PPL Payment per Lead
  1. For every USER successfully creating a test account, PARTNER gets a lead provision of variable amount.
  2. The amount of the sales commission is dependent on the operating system used by USER at the moment of the signup.
    • Desktop-User: 10,- EUR
    • Mobile User – iOS: 6,- EUR
    • Mobile-User – Android/Windows: 4,- EUR
  3. USERs using a different operation system, like smart TVs do not generate a Lead payout.
Modell 3: PPL+RevShare
  1. For every USER successfully creating a test account, PARTNER gets a lead provision of 3.- EUR.
  2. PARTNER receives for his work a sales commission of 32% for all gross turnover of USERS on his system using a payment option 1 system. These include at the moment of signing all payment options not billed via phone bill.
  3. PARTNER receives for his work a sales commission of 12% for all gross turnover of USERS on his system using a payment option 2 system. These include at the moment of signing all payment options billed via phone bill excluding PayByCall offers.
  4. PARTNER receives for his work a sales commission of 0.20 € per minute on all PaybyCall minutes in Payment systems 3, which includes at the time of signing all PaybyCall offers.
  5. Payments that did not materialize as well as chargebacks that have already been paid out will be cleared with next month’s billing. If that is not possible a separate bill will be commissioned for these charges. For chargebacks on the debit payment option a fee of 11.- EUR per chargeback will be charged which will be cleared with PARTNER’s billing.
Modell 4: PPS
  1. For every USER, who undertakes a purchase of at least 30 coins on his first purchase with PARTNER, PARTNER receives a provision of variable amount.
  2. DieThe amount of the sales commission is dependent on the operating system used by USER at the moment of the purchase as well as the total amount of first purchases of PARTNER’s USERS within the billing month.
    Operating system 1-5 user / month 6-10 user / month 11+ user / month
    Desktop50,- EUR70,- EUR100,- EUR
    Mobile User – iOS30,- EUR40,- EUR50,- EUR
    Mobile User – Android / Windows20,- EUR25,- EUR30,- EUR
  3. USERs using a different operation system, like smart TVs do not generate Sales payout.
  4. To avoid deceit, GEONDA will hold back provisions of sales, USER generated depending on the used payment option. GEONDA will hold back no payment for longer than 6 weeks. If the payment is taken back within this time frame, there will be no provision, too.
Modell 5 PPS + RevShare
  1. For every USER, who undertakes a purchase of at least 30 coins on his first purchase with PARTNER, PARTNER receives a provision of variable amount.
  2. The amount of the sales commission is dependent on the operating system used by USER at the moment of the purchase.
    Operating system PPS-Payment:
    Desktop30,- EUR
    Mobile User – iOS18,- EUR
    Mobile User – Android / Windows12,- EUR
  3. PARTNER receives for his work a sales commission of 22% for all gross turnover of USERS on his system using a payment option 1 system. These include at the moment of signing all payment options not billed via phone bill.
  4. PARTNER receives for his work a sales commission of 2% for all gross turnover of USERS on his system using a payment option 2 system. These include at the moment of signing all payment options billed via phone bill excluding PayByCall offers.
  5. PARTNER receives for his work a sales commission of 0.10 € per minute on all PaybyCall minutes in Payment systems 3, which includes at the time of signing all PaybyCall offers.
  6. Payments that did not materialize as well as chargebacks that have already been paid out will be cleared with next month’s billing. If that is not possible a separate bill will be commissioned for these charges. For chargebacks on the debit payment option a fee of 11.- EUR per chargeback will be charged which will be cleared with PARTNER’s billing.
  7. To avoid deceit, GEONDA will hold back provisions of sales, USER generated depending on the used payment option. GEONDA will hold back no payment for longer than 6 weeks. If the payment is taken back within this time frame, there will be no provision, too.
Billing
  1. The billing will be undertaken on the first work day of the following month, PARTNER will be able to see his billing at the 10th of the following month at the latest. This will be either with an online document provided in the admin area or via an email to an address set by PARTNER.
  2. All payments will be made before the 30th of the following month.
  3. Payments to PARTNERS within Austria will be paid including sales tax. All payments outside of Austria will be made with the net value.
Dilligance
  1. PARTNER obliges to keep his system up to date.
Run-time and Cancellation
  1. The contract starts with the moment of signing and can be terminate with a written notice of a term of one month to the end of a month.
  2. The rights regarding instant dismissal are not affected.
  3. GEONDA reserves it’s right to cancel the contract due to unprofitability.
  4. GEONDA reserves it’s right to withhold payments and/or cancel the contract due to suspected fraudulent behavior.
  5. GEONDA reserves it’s right to withhold payments and/or cancel the contract due unfair competition practices.
Liability
  1. GEONDA is liable for all contents of the live chat dialogue system. GEONDA is also liable for the correct functioning of the payment methods.
  2. Liability is limited to gross negligence and willful intent.
Final clauses
  1. Place of jurisdiction is Vienna
  2. This contract does include all agreements between PARTNER and GEONDA. There are no side-agreements.
  3. Changes and additions need to be made in written form. That includes renouncing agreement to make changes and additions in written form.
  4. In the event that individual provisions contained in this contract are or become invalid, this shall not affect the validity of the remaining provisions.
  5. The parties agree a provision to replace the invalid provisions with provisions that most closely approach the intended purpose of the invalid provision.