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General terms

These “Commercial Terms” apply to all our commercial transactions with the company you represent (“Your Company”), including the purchase of any paid services from us. Paid services refer to any service for which we charge a fee, including all the available standard subscription plans or promotional subscriptions, as a “Paid Service.”

You must carefully read through these Commercial Terms to understand your rights and responsibilities, as these Commercial Terms, Terms & Conditions and Privacy Policy constitute all together the entire Agreement (“Agreement”) between Your Company and PromoPurchaser.com S.R.L. By purchasing a Paid Service, Your Company agrees to be legally bound by this Agreement.

An individual End User (“you”) is required to accept this Agreement on behalf of Your Company. By accepting this Agreement, you confirm that you have reviewed the Agreement on behalf of Your Company and you are warranting to PromoPurchaser.com that you are authorized to accept and make legally binding this Agreement on behalf of Your Company. If you do not have the legal authority to bind such Your Company, please do not check the box signifying that you accept the terms of this Agreement.

If you do not agree to the Commercial Terms, then you can decide not to complete a Commercial Transaction.

You agree that you are acting on PromoPurchaser.com in the name of Your Company. When you create an account on PromoPurchaser.com and enter a form of payment, you agree that it’s your responsibility to inform and to have the agreement of Your Company about that and about the responsibilities involved for Your Company.

You agree to receive electronically all communications, agreements, and notices that we provide in connection with any PromoPurchaser.com product or service (“Communications”), including by e-mail, text, in-app notifications, or by posting them on the PromoPurchaser.com website or through any PromoPurchaser.com service or product. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We may update these Commercial Terms from time to time. Please be sure to review these Commercial Terms before you finalize any Commercial Transaction.

Your Company’s Obligations

Your Company is responsible for (a) payment of all fees relating to Your Company’s Account; (b) administering all End Users’ access to Your Company’s Account and its content; (c) managing and maintaining the confidentiality of the password of each End User of the account; (d) maintaining accurate and current account and contact information; and (e) ensuring that any and all use of each End User Account complies with this Agreement and applicable laws. Your Company may grant account privileges to multiple personnel and shall be solely responsible for ensuring that it has designated necessary and appropriate individuals as account user and for removing user privileges from individuals who no longer represents the company.

YOUR COMPANY ACKNOWLEDGES THAT IF NO ACCOUNT USER IS ABLE OR WILLING TO FULFILL SUCH FUNCTION, AND/OR YOUR COMPANY OTHERWISE FAILS TO MAINTAIN CONTROL OF THE ACCOUNT, YOUR COMPANY MAY BE UNABLE TO ACCESS OR CONTROL ITS BUSINESS ACCOUNT; IN SUCH EVENT, CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ALL RESULTING LOSSES, COSTS AND EXPENSES.

Your Company acknowledges and agrees that prior to an End User using the PromoPurchaser.com Services, PromoPurchaser.com will require each End User to accept PromoPurchaser.com’s Terms & Conditions, Commercial Terms and Privacy Policy, and such agreements will govern each End User’s use of PromoPurchaser.com. Your Company acknowledges that a violation of these agreements by an End User may result in the termination of such End User’s access to Your Company’s Account or termination of Your Company’s Account.

Your Company may establish its own rules for End Users’ access and use of PromoPurchaser’s Account. Any such Your Company rules shall only affect the relationship between Your Company and its End Users. Without limiting the foregoing, Your Company is responsible for determining and obtaining any permissions from End Users necessary to enable Your Company to perform the administrative functions available through the Account and enforce any of Your Company rules.

Your Company will prevent unauthorized use of its PromoPurchaser.com Account and content and immediately terminate any unauthorized use of which it becomes aware. Your Company will promptly notify PromoPurchaser.com of any unauthorized use of or access to the PromoPurchaser.com services of which it becomes aware.

Payment of Fees; Taxes

Subscription fees are billed or charged in advance of the applicable subscription period. When you elect to purchase a Paid Service from us and enter a form of payment, you agree that: (i) Your Company will fulfill your obligation to pay for the Paid Service by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method for fulfilling the agreed payments, including all submitted debit and credit card information, submitted by you and Your Company issuing bank or the applicable payment network; and (v) we are authorized to charge you for the Paid Service using the established payment method.

Your Company agrees to pay the charges for the Paid Service in the currency specified by PromoPurchaser.com (or or payment processor), and Your Company assumes all risks associated with any changing value in the currency compared with other currencies. If any tax or charge applicable to a purchase is not charged by us, you acknowledge that you are solely responsible for paying the tax or other such charge.

Our prices for a Paid Service do not include any of the third-party fees you incur in connection with using a Paid Service including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for cellular or data services and any other third party applications or services with which you may use the Paid Service; you are responsible for selecting and managing these other services, and paying the fees for such services.

Changes in Fees

We may change the price of any Paid Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will provide you with advance notice of changes in recurring subscription fees. Any increase in charges for the same Paid Service would not apply until the expiration of your current billing cycle, and would become effective no sooner than the next time you would be charged for that Paid Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Paid Service subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle.

Payment methods and invoicing

PromoPurchaser.com accepts certain debit and credit cards as payment methods for Paid Service. Accepted payment methods may vary by country and may change from time to time. When you purchase with an accepted payment method, the fees for your Paid Service will be billed on or near the date of your purchase. If you purchase a Paid Service subscription that renews automatically, such as monthly, bi-annually or annually, you agree that we may process your payment monthly, annual or other renewal term (based on the applicable billing cycle), on or near the calendar day corresponding to the commencement of your Paid Service subscription, as applicable.

In addition, you agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) information regarding your purchase and your submitted payment information in order to process your purchase, and to use the mobile phone, the email address submitted by you to provide you with security payment codes invoices, notices and disclosures relating to renewals and recurring charges. If your Paid Service subscription began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), we will process your payment on or near the last day of such month.

Autorenewal

When you complete your purchase of a Paid Service subscription that renews automatically, such as monthly, bi-annually, annually (or other), the initial payment will be deducted from Your Company bank account via the applicable payment system. With your initial transaction, you are also confirming your desire for your subscription to auto-renew per these Commercial Terms and for recurring payment. At the time of your any transaction, you will receive an email notifying you that the amount authorized was debited from your bank account. Where a direct debit is rejected or returned due to insufficient funds in your designated bank account (or other reasons), we’ll notify you by e-mail to check and solve that issue immediately and we’ll resubmit the direct debit collection request 5 days following the original debit due date. If the direct debit is rejected again, your account will remain active with all the benefits only of the basic-free subscription.

You will be automatically charged every month until you cancel the auto-renewal of subscription. You can cancel auto-renewal any time and your account will remain active with all the benefits only of the basic-free subscription. The closing of current paid subscription plan will become effective only after the expiration of your current billing cycle.

PromoPurchaser.com may cancel the auto-renewal of Your Company subscription plan after the expiration of your contracted subscription plan duration if that type of subscription plan is not anymore available in PromoPurchaser.com’s offer. In this case you will be preliminary notify and you will have the option to choose a new subscription plan or to remain active with all the benefits only of the basic-free subscription.

Payment Processor

Your payments will be process by a professional online payment processor; While we select our payment processors carefully and enter into detailed agreements imposing performance obligations (including confidentiality) on them, we cannot and do not guarantee their performance. We encourage you to provide any feedback regarding payment processor, as we value and use your input in determining whether to continue or end such relationships. If you have any concerns or problems with the payment processor, please contact our Customer Customer team as promptly as you can at customer@promopurchaser.com

Changes to Payment Methods and Account Information

You are responsible for ensuring that your account and payment information, including mobile phone number, company email address and all company payment information (address, debit or credit card number and expiration date etc), is accurate and up to date.

If you are not the Account Holder but you control the means of payment for a Paid Service account and wish to make any change to the payment details, you must notify us by contacting Customer Customer and demonstrating to our satisfaction your control of the payment method used for the Paid Service.

If Your Company credit card expires or the information is otherwise invalid, or you or another party controlling the payment method make changes to your billing account too close in time to when we charge for any Paid Service subscription (so we cannot reasonably act on your changes prior to billing), we will probably not be aware of this, and we will bill the current charges to the card we had on record; the continuation of your Paid Service subscription constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card.

Cancellation of a Paid Service Subscription

You may elect to cancel a Subscription at any time. Any cancellation of a Paid Service Subscription will be effective as of the end of the then-current billing period.

If you wish to upgrade your existing subscription (already paid) to a more expensive one, we will permit you to cancel your existing subscription prior to the end of the subscription term. In that case, before canceling the current subscription, it’s mandatory to send us an e-mail to customer@promopurchaser.com and we’ll guide you how to do it and will tell you about how we can compensate the remain unused period with the cost of the new upgraded subscription.

If you desire to cancel your current subscription as of the end of the current billing period, you may do so by logging into your account through the PromoPurchaser.com website, accessing your “My account” section from the left side and choosing “Cancel auto-renewal.”

If you are taking part in any trial period offer (or other promotional offers) that enables you to use a Subscription plan without charge or with an initial promotional fee, and that trial period converts into a Paid Service Subscription upon the expiration of the trial or promotional period, you must cancel the promotional subscription prior to the end of the trial period in order to avoid incurring the charges for the Paid Service.

PromoPurchaser.com may cancel any Paid Service subscription you have purchased if you fail to pay the applicable subscription fees and any applicable taxes in full and in a timely manner according to these Commercial Terms, Terms & Conditions or Privacy agreements. A failure to pay occurs in any situation where PromoPurchaser.com has not received timely payment, including where any credit card issuer or payer bank refuses to transmit the funds that are then due, or payment processor notifies us of your failure to pay. We will endeavor to provide you notice promptly after any failure to make a payment to us in full and on time, we’ll notify you by e-mail to check and solve that issue immediately and we’ll resubmit the direct debit collection request 5 days following the original debit due date. If the direct debit is rejected again, Your Company account will be closed.

PromoPurchaser.com may also cancel immediately any Paid Service subscription you have purchased and Your Company account if you commit any breach or default of the material terms of this Agreement (including Commercial Terms, Terms & Conditions and Privacy Policy).

Refund Policy

PromoPurchaser.com paid services are not eligible for return or refund, all purchases are final and non-refundable; unless otherwise provided by law, by a particular offer, or by some other reasons such the below mentioned ones.

If you are unable to use the features included in your paid subscription plan, and this problem is demonstrable as being exclusively our fault, you must notify us on customer@promopurchaser.com and we may refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate or as may be required by applicable law.

You can start the refund request process by sending an email on customer@promopurchaser.com . Tell us why you’re requesting a refund. We use this information to improve our products and processes, and to hopefully minimize the need for future refund requests. If we grant refund approval, you’ll be notify by e-mail. If it is validated, the refund may take a few business days, and you may want to check with your bank to ensure the applicable payment method has been properly credited.

Successors

This Agreement shall inure to the benefit of, and be binding upon, any legal successor to all or substantially all of the business and assets of either party, where such succession occurs in connection with a merger, sale of assets, corporate restructuring or otherwise by operation of law; and PromoPurchaser.com reserves the right to assign this Agreement to any PromoPurchaser.com affiliate or successor. Your Company shall ensure that it provides the then-current passwords for the User Account to any successor or assignee under this Agreement as, notwithstanding any such assignment, PromoPurchaser.com shall not provide any passwords to Your Company’s User Account to any party.

Limitation

Any information that you could find and see on the PromoPurchaser.com platform regarding any Distributor or Supplier companies or regarding any product is under the responsibility of those account owners and should be checked directly by contacting them. PromoPurchaser.com is not responsible for what the account owners write or display on their product presentations (including external links) or their company presentations.

THE LINKS TO THIRD PARTY SITES THAT YOU CAN FIND ON PROMOPURCHASER.COM ARE NOT UNDER THE CONTROL OF PROMOPURCHASER.COM AND PROMOPURCHASER.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. PROMOPURCHASER.COM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PROMOPURCHASER.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PROMOPURCHASER.COM OF THE SITE.

Waiver and Amendment.

PromoPurchaser.com, in its sole discretion, may amend this Agreement at any time, and in such case, PromoPurchaser.com will publish a new version of the Agreement on the PromoPurchaser.com website and application. If the amended Agreement includes any material adverse changes to Your Company’s rights or obligations and Your Company does not wish to continue using PromoPurchaser.com under the terms of the amended Agreement, Your Company may close first the current subscription plan by canceling the auto-renewal. In this case, Your Company account will remain active with all the benefits only of the basic-free subscription. The closing of a paid subscription will become effective only after the expiration of your current billing cycle.

You can also ask for closing Your Company account by preliminary sending us a request by e-mail at customer@promopurchaser.com and mentioning your reasons for that.

PromoPurchaser.com may also cancel immediately any Paid Service subscription you have purchased and Your Company account if you commit any breach or default of the material terms of this Agreement (including Commercial Terms, Terms & Conditions and Privacy Policy).

PromoPurchaser.com may cancel the auto-renewal of Your Company subscription plan after the expiration of your contracted subscription plan duration if that type of subscription plan is not anymore available in PromoPurchaser.com’s offer. In this case you will be preliminary notify and you will have the option to choose a new subscription plan or to close you account.

You can cancel your subscription plan by canceling auto-renewal any time. In this case, the closing will become effective only after the expiration of your current billing cycle.

Binding Arbitration

The parties undertake to settle amicably any misunderstanding that might appear. In case of a dispute (we hope we never have one), Your Company and PromoPurchaser.com agree to try first to resolve it informally, by e-mail communication. If this is not possible, any dispute arising out of or in connection with this agreement, including the conclusion, nullity, interpretation, execution or termination thereof, shall be settled definitively by arbitration organized by the COURT OF INTERNATIONAL TRADE ARBITRATION attached to the Romanian Chamber of Commerce and Industry, in accordance with its arbitration procedure rules. The arbitration ruling shall be final, binding and enforceable. The arbitration will take place in România, Timișoara.

In the event of a conflict, the Romanian language version shall govern.

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