General Terms and Conditions
These general terms and agreements set out the arrangements between CAM-CONTENT
S.L, C/Rossinyol 6, 03730 Javea, (referred to as provider throughout) and the subscribers
of the LIVE-STRIP-CAM-CONTENT-partner program (referred to as webmaster throughout).
(02) Conclusion of Contract
Subscription as business partner at LIVE-STRIP-CAM-CONTENT is for free. There is
no legal claim to acceptance.
Every business partner affirms with his subscription
at LIVE-STRIP-CAM-CONTENT to have read and understood the general terms and agreements.
Other general terms and agreements of the webmaster are not valid.
The provider is authorized to exclude any webmaster violating this agreement. Should a business partner be excluded for valid reasons his claim for provision expires.
By applying for the webmaster partner program via the form provided the webmaster
declares bindingly he/she wishes to be accepted. The provider accepts with activating
an account and providing the account information. Contractor's acknowledgements
referring to his own terms and conditions are hereby rejected/will not be recognized.
(03) Subject matter of the service contract
In its own Internet site, the Webmaster solicits a Live Camera System with Chat.
The content and portrayals are the responsibility of the Webmaster. The Service
Provider shall not assume any liability for the statements and portrayals. The Service
Provider operates and supports the Dialogue System on behalf of the Webmaster, on
which the Webmaster’s processor passes on the customers. The Service Provider is
responsible for the design of the sites provided. The Service Provider shall be
responsible for making the Internet Dialogue System available for the term of the
contractual relationship on calendar days between 8:00 a.m. and 4:00 p.m. The Service
Provider shall commit to 95% accessibility of the website. Exceptions from this
are times during which the web server fails, due to technical or other problems,
which are not within the sphere of influence of the Service Provider (force majeure,
third party negligence, etc.). The Service Provider shall ensure that the Webmaster
has a contact person available on business days between 10:00 a.m. and 6:00 p.m.
The Webmaster shall be obligated to regularly contribute his work performance.
(04) General duties of the webmaster
The webmaster declares not to host any sites that contradict European law.
(05) Widgets and advertising tools
declares not to pass on access to third parties. Account information has to be kept
safe from third party access.
So called spamming is disallowed.
The webmaster is
disallowed to make any changes to software provided by CAM-CONTENT S.L.
All earnings have to be declared to the webmasters local tax office according to the local law. Changes of personal data have to be declared to the provider as soon as possible.
The provided advertising tools may only be used for the CAM-CONTENT-LIVE-STRIP-partner
program and its advertising. Passing and selling to third parties is forbidden.
All rights on the advertising tools remain with the provider. Advertising tools
have to be removed within 10 days at the provider's request. Any further usage of
advertising tools without the provider's approval is forbidden. The usage is limited
to the running time of the contract.
(06) Duty to supply information
The Webmaster shall be obligated to immediately notify the Service Provider regarding
the failure of his systems and problems occurring within the Service Providers field
of activity, immediately after becoming aware of them. The Webmaster shall have
the opportunity to solicit the Dialogue System itself, within a larger context and
according to his own ideas. He shall bear the sole responsibility for the statements
made in the solicitation. Larger advertising measures must be notified to the Service
Provider 14 days in advance, so that he will have the opportunity to plan in good
time. This particularly includes measures which anticipate approx. 1/3 higher user
(07) Revenue Share
For his activity, the Webmaster shall receive sales commission in the amount of
40% of the sales generated by his customers. Sales that do not materialise and refunds
shall be offset against the next invoice, if they have already been paid out. If
offsetting should not be possible, a refund shall be requested from the Webmaster.
For sales that are generated with mobile or PayByCall (drop charge) payment methods,
the Webmaster shall receive sales commission of 20%.
For sales that are generated with the PayByCall (charge per minute) payment method, the Webmaster shall receive sales commission of 40 cent (net) per minute, the invoicing shall take place in precise seconds.
The invoicing period shall be the 1st of each month, by the last
month. From the 5th of the subsequent month, the Service Provider shall provide the Webmaster
in the Admin Division with an invoice for the previous invoicing time period in
HTML format. This shall include all relevant data (commission less possible cancellations
and/or returned direct debits) and can be printed out by the Webmaster.
The Service Provider shall transfer the payment amount by the 10th of the subsequent month.
Payments shall basically take place including VAT. Exceptions to this shall only
be possible in agreement with the respective valid tax legislation. There is no
(10) Duty of Care
The Webmaster shall be responsible for all losses and disadvantages occurring due to data not being in a proper condition, incorrect or incomplete. The Service Provider shall only be responsible for his own services, which are exclusively comprised of the forwarding of data obtained by the participants and provision of the server performance. The liability shall be limited to premeditation and gross negligence. Any further liability, particularly for the settlement of payment transactions and for complaints by the buyers, shall be excluded. The Webmaster shall bear the risk of incorrect transaction data. The liability of the Service Provider shall furthermore be limited to the amount of the respective payment transaction and the extent to which the conduct of the Service Provider has contributed to the occurrence of the loss.
The Webmaster shall be obligated to always keep his system up to date.
(11) Unfair Advertising Practices
Business partners are disallowed to use unfair practices of advertising.