LEGAL NOTICE
BCNMonetize 2016 S.L.
VAT N°: ESB66848326
Headquarters: Av. de la Via Augusta, 15-25, 08174 Barcelona, Spain
This AGREEMENT is made as of May 24, 2017. Any unauthorized use of text and
graphics of this website no matter what the purpose is subject to legal prosecution
unless stated in a written consent letter or form. BCNMonetize 2016 S.L. has the right
to the brand and decline any illegal use of the brand, using the company logo and brand
is prohibited and immediately prosecuted according to the by-laws of the country that
the company situated.
BCNMonetize S.L. makes no account to the certainty, propriety, authenticity and
availability of the information comprised on this website for/in any purposes. All
information provided or contributed on this website is just the same way as it is without
warranty. BCNMonetize 2016 S.L. hereby disclaim any warranties and condition
regarding to this website.
In any case of technical difficulties beyond BCNMonetize 2016 S.L. control, the
company is not liable and takes no responsibility. BCNMonetize 2016 S.L. ensure the
availability and flawlessness of the website but in some cases the company cannot
handle the technical situation.
TERMS AND CONDITIONS
These Terms and Conditions are applied for both Advertisers and Publishers. By
using the BCNMonetize 2016 S.L. platform you agreed to commercialize your
advertisement space as Publishers or pay to delivered as Advertisers therefore, you also
agreed that we communicate electronically regarding to any finance information related
to your account. We will also notify via your account in BCNMonetize 2016 S.L. or
contact you through email you provided on your profile posted in our website.
Notification to you via email or website account should not more than 24 hours of time
posted or sent.
Publisher and Advertiser finance services are controlled by separated
agreement. Publisher earnings cannot be used as payment to Advertiser and
Advertiser’s funds cannot withdraw by the Publisher earnings.
1. Advertiser Service Agreement
You can choose any currency available at the website upon registration.
Payments for the campaign should be made only one currency only.
Every campaign budget may be fixed or unlimited. BCNMonetize 2016 S.L. is
obligated on imposing payment of the services based on the invoices we submit unless
agreed differently, you must put funds on the balance in advance. You can spend your
balance on any campaign added to your BCNMonetize 2016 S.L. account. Campaign
spending is available on overall and daily limitations. Campaigns will be automatically
paused if you do not have balance or becomes zero.
The price for the services provided by BCNMonetize 2016 S.L. is
calculated based on the pricing model of the Campaign type chosen by you and statistics
gathered by BCNMonetize 2016 S.L. Platform, unless agreed differently. Amount of daily
campaign spending’s will be deducted from your balance on daily basis automatically.
All invoices generated by BCNMonetize 2016 S.L. shall be under automatic approval and
must be paid in full by you. You agree that you are entitled to a refund for delivered
services only in cases explicitly set forth in the Contract.
When you make a purchase through BCNMonetize 2016 S.L. payment gateways,
you agree to provide a valid funding account to proceed with payment. When you have
successfully completed this funding transaction, we will then transfer that value to your
account balance and create an invoice.
Pay attention to the details of the transaction, because your total price may
include taxes and fees, all of which you are responsible for funding. Upon payment, we
may charge you with a processing fee or any other fee applicable by third party payment
service provider.
You are responsible for maintaining the security of your BCNMonetize 2016 S.L. Account,
and you understand that you will be charged for any orders placed on or through your
account.
If you are making direct debit payments, you agree that we can charge you any
amount that falls within the range you agreed to upon signup. We will notify you in
advance if any charge will exceed the agreed-upon range.
2. Advertiser Refunds
You are entitled for refunds in the following cases:
• If there has been an incorrect payment transaction.
• If you have made a prepayment and you prove that the actions forming the basis
of the pricing model of your campaign are bases on a publishers’ fraudulent
activities. In case the publishers’ fraudulent activities cannot be clearly identified
based on your report, BCNMonetize 2016 S.L. is entitled to request additional
proof. If the accusation is proven BCNMonetize 2016 S.L. will not invoice you for
the fraudulent activities of the publishers.
• if at the end of the validity of the Contract it appears that you have spent for
BCNMonetize 2016 S.L. services less than you have prepaid. In such a case you
are entitled to ask for a refund within 30 days after the termination of the
Contract, provided that the amount of your unused balance is at least 50 EUR or
50 USD (FIFTY EUROS OR FIFTY US DOLLARS), depending on the type of the
currency used (either EUR or USD account). Before refunding, BCNMonetize
2016 S.L. will have to finalize all not invoiced spending and make necessary
adjustments where needed. After finalizing all current statistics, your unused
balance will be refunded to you at your request, minus an administrative fee of
25% to cover BCNMonetize 2016 S.L. costs and fees related with the
management of giving a refund, within 30 working days. YOUR REFUND WILL BE
CREDITED BACK TO THE SAME PAYMENT METHOD AND SAME PAYMENT
ACCOUNT THAT YOU USED TO MAKE YOUR LAST PAYMENT. You may be required
to provide additional information or documentation in order for BCNMonetize
2016 S.L. to confirm your identity, before any refund request is processed.
PLEASE BE AWARE THAT IF YOUR CONTRACT WITH BCNMonetize 2016 S.L. IS
TERMINATED DUE TO THE VIOLATION OF CONTRACT BY YOU (E.G. DUE TO YOUR
FRAUDULENT ACTIVITY), BCNMonetize 2016 S.L. IS ENTITLED TO A CONTRACTUAL
PENALTY IN THE AMOUNT OF YOUR UNUSED BALANCE AND THEREFORE,
BCNMonetize 2016 S.L. MAY REFUSE TO GIVE YOU A REFUND BY WAY OF SET-OFF
OF THE CLAIMS.
3. Publisher Service Agreement
As a Publisher, you will receive from BCNMonetize 2016 S.L. Commission for
your participation in the promotion of Advertisers’ Campaigns. Your Commission
amount is calculated based on data collected by BCNMonetize 2016 S.L.. You
acknowledge the trustworthiness of this data, which will prevail in the event of a
dispute, with regard to the measurement of all elements (impressions, pages viewed,
unique visitors, commissions, etc.) of any type. All statistic data access and rules are
regulated by the Publisher agreement that is part of BCNMonetize 2016 S.L. general
terms and conditions.
Commission amounts and the way they are calculated will depend on the prices
and calculation methods applied to Advertisers. Therefore, for certain Campaigns (in
particular lead campaigns), the data giving rise to your Commission may first require
validation by the Advertiser. If there is a disagreement between the data of
BCNMonetize 2016 S.L. and that of the Advertiser, we will attempt to settle the
disagreement with the Advertiser in order to communicate the final, agreed figures to
you promptly.
Your daily earnings that you have earned based on the statistical data shall be
added to your account statement on the following day. Your final balance will be based
on account statement records. You fully understand and accept the fact that all
payments to you will be based on your balance that is available from wallet statement
page.
If at the end of the validity of the Contract it appears that you have on your
balance un-invoiced earnings, you may request for the payment thereof within 30 days
after the termination of the Contract, provided that the amount of your un-invoiced
earnings meet the payment threshold. HOWEVER, PLEASE BE AWARE THAT IF YOUR
CONTRACT WITH BCNMonetize 2016 S.L. IS TERMINATED DUE TO THE VIOLATION OF
CONTRACT BY YOU (FOR EXAMPLE DUE TO YOUR FRAUDULENT ACTIVITY), BCNMonetize
2016 S.L. IS ENTITLED TO A CONTRACTUAL PENALTY IN THE AMOUNT OF YOUR UNINVOICED EARNINGS AND THEREFORE,
BCNMonetize 2016 S.L. MAY REFUSE TO PAY FOR
YOUR UN-INVOICED EARNINGS BY WAY OF SET-OFF OF THE CLAIMS.
BCNMonetize 2016 S.L. minimum payment threshold for Publishers is 100 EUR
or 100 USD (ONE HUNDRED EUROS OR ONE HUNDRED US DOLLARS), depending on the
type of the currency used (either EUR or USD account), before tax each month. Daily
balance reports can be found on the wallet statement page.
If your account reaches the payment threshold, a payment request form will be
opened between the 1st till the 10th day of the following month, where you will be able
to select a payment method, specify your payment data and request payment.
Invoice request must be sent in accordance with current regulations, notably
regarding whether you are subject to VAT or not. The BCNMonetize 2016 S.L. Platform
will automatically create an invoice based on the information you supplied on your
request form and account data.
When you request your payment, BCNMonetize 2016 S.L. will have up to 30
calendar days starting from the end of payment request session (i.e. from the 10th day
of the following month) to validate your request and proceed with the payment for
validated invoices. Each invoice is validated by BCNMonetize 2016 S.L. only after your
earnings have been checked for any fraudulent activity. In case your payment cannot be
processed for reasons stipulated in the Contract, your earnings will be fully returned to
your balance without applied fees. If your invoice is refused due to fraud, we have the
right to apply all sanctions stipulated in the Contract. If you decide to cancel your
payment request before the payment, your earnings will be fully returned to your
balance without applied fees.
Unless expressly authorized in writing by BCNMonetize 2016 S.L., you may not
require BCNMonetize 2016 S.L. to transfer your Commission or any other payment you
are entitled to under the Contract to a third person. Specific terms will be determined
on a case-by-case basis.
4. Liability
This is applying for both publisher and advertiser. As an Advertiser, you are aware
that your payment obligations are deemed to have been performed when the account
of BCNMonetize 2016 S.L. is credited with the amount due. If you delay your payment
to BCNMonetize 2016 S.L. under the Contract, you will be charged a penalty interest of
0.1% of the overdue amount for every delayed day.
In addition, you are obliged to indemnify BCNMonetize 2016 S.L. any damages
caused by the delay and reimburse the costs of collecting the debt (including the costs
of legal assistance, costs of submitting an extra-judicial claim and court expenses.
As a Publisher, you must ensure your capability to receive payments from
BCNMonetize 2016 S.L. If the receipt of Commission or any other payment from
BCNMonetize 2016 S.L. fails or is delayed due to your failure to comply with this
obligation (including if the failure or delay is caused by a third-party payment service
provider you are using), BCNMonetize 2016 S.L. shall not be liable for such failure or
delay. However, BCNMonetize 2016 S.L. will cooperate with you in the investigation of
the failure or delay of receiving the payment.
If you believe that an unauthorized or otherwise problematic transaction has
taken place under your account, you agree to notify us immediately, so that we may
take action to prevent financial loss. Unless you submit the claim to us within 30 days
after the charge, you will have waived, to the fullest extent permitted by law, all claims
against us arising out of or otherwise related to the transaction. If you experience a
technical failure or interruption of service that causes your funding transaction to fail,
you may request that your transaction be completed at a later time.
If a payment is aborted by a third-party payment provider and is returned to the
BCNMonetize 2016 S.L. Account, BCNMonetize 2016 S.L. commits to return those funds
to your balance. You agree that transaction fees could be applied to refunded
payment(s), so BCNMonetize 2016 S.L. reserve the right to deduct all transaction fees
from your balance.
BCNMonetize 2016 S.L.
BCNMonetize 2016 S.L.