These general terms and conditions for vendors and/or affiliates are divided into the following parts:
PART I General terms and conditions for vendors -
These apply if you want to offer products as a vendor using CopeCart Pro.com;
Part II Affiliate Terms and Conditions -
these apply if you want to advertise products from our vendors as an affiliate;
Part III General regulations for vendors and affiliates -
These apply to both vendors and affiliates;
Part IV Order Processing by Vendors;
Part V Order processing by CopeCart Pro.
1 Subject matter of the contract
1.1. CopeCart Pro Ltd. provides entrepreneurial natural and legal persons (provider, dealer, seller, vendor, service provider, creator, etc. Together in Part I: “you”, “you”, “your”, “your”, etc.) the option of various conversion checkouts, through which you can offer your products and services for purchase and manage your activities and sales transactions with end customers. In sales transactions, CopeCart Pro Ltd. (we, ours, ours, etc.) acts exclusively as a service provider when processing online transactions about products and services between you as a supplier and customers as end customers. The following general terms and conditions (GTC) govern the use of our copecart-pro.com platform and all services to be provided by us. Our performance obligations include the activities and services listed below:
— We offer you the opportunity to publish, register and purchase your product (s) (“product”) or service (s) (“product”) on the copecart-pro.com platform. In relation to the end customer, you always act on your own behalf as a seller or provider of your service, based on your own terms and conditions and privacy policy and therefore remain a “merchant of record”.
— Acceptance of the end customer's declaration of intent aimed at concluding the contract on your behalf.
The rejection of the end customer's offer aimed at concluding the contract on their behalf, provided that a payment service provider rejects the customer's payment due to lack of creditworthiness.
— The rejection of the end customer's offer aimed at concluding the contract on their behalf, provided that they or their whereabouts violate applicable sanction laws and regulations under applicable, EU, US or UK law.
— The submission or execution of all other related legally binding declarations and acts, including the written confirmation addressed to the end customer that the sales transaction has been concluded and the invoicing, with the value added tax being taken into account in the applicable amount for cross-border sales transactions.
— The receipt of the agreed consideration from end customers on your behalf by Stripe Inc. and forwarding it to you after deducting our fee.
— The mediation between you and the collection service provider working with us, including the transmission of the information necessary for the purpose of collection.
1.2. You can also use affiliate marketing to promote your products to be sold using our services within the scope of the options granted by copecart-pro.com. Affiliate marketing is an internet-based type of sales in which they provide their sales partners (affiliates) with advertising material that the affiliate uses on their websites or can use for advertising purposes via other channels such as keyword advertising or e-mail marketing. Within the scope of the options granted by Copecart-Pro.com, you can give third parties (so-called affiliates) the opportunity to advertise products offered by you. If you wish to provide appropriate advertising opportunities, you agree to provide only truthful, not misleading information that enables the advertising measure to be implemented in accordance with the law. We will pass on the commissions (paid to the affiliates on your behalf) to you and offset them against any payment claims you may have against us.
2 Registration
2.1. Registration as a vendor is only possible for natural and legal persons engaged in entrepreneurial activities. You must provide accurate information to register. We are entitled to obtain appropriate evidence of their accuracy and entrepreneurial status. We are also entitled to reject an application for registration without giving reasons.
2.2. If your information changes, you must immediately update it on our website.
3 Conclusion of the contract
3.1. We will work for you on the basis of these “General Terms and Conditions for Vendors” if you register on our Copecart-Pro.com platform and agree to the validity of these “General Terms and Conditions for Vendors” by clicking on the “I agree to the validity of the terms and conditions” button.
3.2. The condition of concluding a contract for the use of our services is that you successfully complete the hosted KYC process of our payment service provider.
3.3. Another condition of concluding a contract for the use of our services is that your place of business does not violate applicable sanction laws and regulations under applicable, EU, US or UK law.
4 Payment processing and remuneration
4.1. For all transactions that you make with end customers using our services, we each receive a commission of 2.9%, which our payment service provider deducts from the consideration received from the end customer in our favor and pays it out to us. The basis for the commission calculation is the gross invoice amount in euros (invoice value plus value added tax). The gross invoice amount is the consideration to be paid by the end customer in euros after taking into account any price reductions. Additional costs, such as freight, postage, insurance, etc. are not part of the consideration to be paid by the end customer for the purpose of calculating the commission due to us.
4.2. The payment service provider we use itself also claims a commission, the amount of which depends on the means of payment used by the respective customer and is deducted by the payment service provider from the consideration received from the end customer in its favor. The commission charged by the payment service provider we use will regularly not exceed 5% of the gross purchase price, but will usually be significantly lower.
4.3. 80% of your turnover will be paid out to you via our payment service provider after the end customer's 14-day right of withdrawal has expired. The remaining amount will be released for payment after a further 40 days. The payout is made on the basis of the data you have entered on our website. Objections to our statement must be reported to us no later than 14 days after the billing date. After that, the payout amount is considered approved.
4.4. Payments are only made from an amount of 50 euros per payment of remuneration and, regardless of the amount, upon termination of the contract in accordance with the due date rule.
4.5. The remuneration to be paid to the affiliate is paid by our payment service provider on your behalf to the affiliate in the currency of the brokered transaction at the exchange rate at the time of the end customer order.
4.6. Our payment service provider will pay the remuneration due to your joint venture partner in your name and for your account to the beneficiary in the currency of the brokered transaction at the exchange rate at the time the end customer order is placed.
4.7. We provide detailed monthly invoices for payments received from end customers by our payment service provider, our deducted due receivables and the amount of remuneration paid to affiliates and joint venture partners. Our payment service provider will settle a positive balance no later than 15 days after receipt of payment in the currency of the brokered transaction at the exchange rate at the time the end customer order is placed by bank transfer to the account specified by you.
5 Offering products and services, transfer of rights
5.1. After you register, you can create products on the platform, whose checkouts you can then use for your end customers.
5.2. We decide at our own discretion whether to publish them on our platform.
5.3. You are the provider of the products manufactured by us. The sales transaction is concluded directly between you as a retailer and the buyer (“end customer”).
5.4. There is no right to have your product or all of your products published and promoted.
5.5. In addition, we provide you or the affiliates with technical features to sell the products, at our discretion, which also enable sales on other websites or by other means (e.g. telephone sales).
5.6. If, at our discretion, we reasonably believe that you are in breach of the terms of this contract and therefore it is not reasonable for us to publish your products and arrange the conclusion of the contract, we will block access to your products and inform you of this suspension and its reasons.
5.7. You guarantee that your products can be marketed and offered within the European Union and comply with all relevant legal requirements. The corresponding obligation also applies to all other countries in which your products are offered, unless you object to an offer beyond the borders of the EU.
5.8. If you want us to arrange a product for you, you must provide all the information we require in the appropriate input form. In particular, this includes the following information:
5.8.1. name of the product;
5.8.2. selling price;
5.8.3. product description;
5.8.4. availability and duration of the contract;
5.8.5. If applicable shipping costs;
5.8.6. Statutory information that must be followed when advertising the product;
5.8.7. texts and illustrations to freely promote the product;
5.8.8. Legally correct classification of the product, for example with regard to the validity of the Distance Learning Protection Act
as well as the right of withdrawal for consumers, i.e. in particular whether it concerns digital content or digital content services or a product whose special features exist with regard to the right of withdrawal.
5.9. The information or data provided by you must be updated immediately with any change and must comply with legal requirements at any time. You will immediately inform us if one of your products does not meet the legal requirements or the requirements of this contract or if third parties claim this or an infringement of their rights.
5.10. You are responsible for incorrect or incomplete information or data transmitted. After setting up your product, please check that all required information has been included and that it is correct. With your information, you must enable us to provide our services to you and end customers in accordance with the law.
5.11. You transfer to us, free of charge, the worldwide rights to use the information, data and any other content provided to us as part of the discontinuation of this contract in online and offline media.
6 Distribution of digital products
6.1. If your product can be sent by us in digital form or made accessible via a link, you must provide us with the corresponding content or access when you post the product.
6.2. In accordance with the options offered by you, we are entitled to grant end customers access to or provide them to end customers and to allow them to be stored permanently. This includes the right to reproduce, make publicly available, make available on request, distribute and reproduce using all technical and economic forms of exploitation and distribution. Insofar as it is technically necessary to execute the contract or is necessary for economic exploitation, we are entitled to process the product to the extent necessary.
6.3. If a product is a digital product in accordance with Section 327 (2) BGB, the following regulations apply, which take precedence over the remaining provisions of these Terms and Conditions in the event of contradictions, unless there is an exception under Section 327 (6) BGB:
6.3.1. An end customer who is a consumer (“consumer end customer”) can demand the provision of the product immediately after conclusion of the contract. You must provide the appropriate benefits immediately. If you do not comply with this obligation, the consumer end customer can end the contract with you.
6.3.2. You must provide digital products in accordance with legal requirements. Offering digital products that do not meet these requirements is prohibited. If you are of the opinion that a legally compliant offer of your product should not be possible in accordance with the above regulations, you must inform us accordingly and not let us offer the product.
6.3.3. Statutory recourse rights against you remain unaffected by these general terms and conditions.
5.8.1. name of the product;
5.8.2. selling price;
5.8.3. product description;
5.8.4. availability and duration of the contract;
5.8.5. If applicable shipping costs;
5.8.6. Statutory information that must be followed when advertising the product;
5.8.7. texts and illustrations to freely promote the product;
5.8.8. Legally correct classification of the product, for example with regard to the validity of the Distance Learning Protection Act
as well as the right of withdrawal for consumers, i.e. in particular whether it concerns digital content or digital content services or a product whose special features exist with regard to the right of withdrawal.
7 joint ventures from vendors
7.1. Two vendors can enter into a so-called joint venture for a product in accordance with the functions we offer. The applicant to set up a joint venture is the vendor offering the product (the “Applicant”). The applicant remains our contractual partner for the respective product in accordance with these terms and conditions. However, a reduction in the fee due to him from the sale of the product is agreed in accordance with the application to set up the joint venture. We are entitled to reject such a request without giving reasons.
7.2. With the establishment of the joint venture, the amount by which the applicant's claim for remuneration has been reduced is due to the vendor (“beneficiary”) named by the applicant.
7.3. We are not a party to the contract that claimant and beneficiary conclude for the purposes of the joint venture.
8 Prohibited products
8.1. The following product categories may not be offered:
8.1.1. sexually offensive products;
8.1.2. alcohol, tobacco and medicines;
8.1.3. products that discriminate against third parties on the basis of race, sex, religion, nationality, disability, sexual orientation or age;
8.1.4. products that infringe the rights of third parties, in particular trademarks, patents or other industrial property rights;
8.1.5. products that are subject to legal advertising bans or restrictions;
8.1.6. products that may only be sold to end customers after an age verification has been carried out (e.g. FSK 18 content);
8.1.7. All products prohibited by law.
9 KYC, taxes and duties
9.1. Before publishing your product, you must first go through the identification process (Know Your Customer - KYC) provided by our payment service provider. This process is similar to the identification process that banks regularly require of their customers to prevent money laundering and ensures that you or your company (natural or legal person) is identifiable as a seller and are/is the authorized payee. Before publishing your product, you must also provide proof of your entrepreneurial status and payment of VAT by you or your exemption from VAT (small business regulation). If, due to the location of your company, further evidence is required in order to be able to make payments to you (e.g. to prevent money laundering), these documents must also be submitted to us in advance.
9.2. If we are obliged to withhold taxes or duties for fees to be paid to you, the fee to be paid to you will be reduced accordingly and we will make the corresponding payments to the competent authority. In addition, you alone are responsible for properly taxing your income.
9.3. Remuneration that was achieved as a result of a breach of the provisions of this contract or which is subsequently found not to meet the conditions for its accrual is subject to recovery.
10 Data protection, use of customers for advertising purposes, double opt-in
10.1. When placing a product, you must truthfully and in accordance with legal regulations what personal data of an end customer you need from us in order to be able to provide our services to your end customers as part of the sales transaction. If we transfer personal data from an end customer to you in this regard, you may only process it to fulfill this purpose or if you are otherwise legally entitled to do so. If you should act as a processor for us in this respect, the order processing contract applies.
10.2. You are otherwise prohibited from processing the personal data of end customers that is contrary to data protection and violations of this entitle us to terminate the contractual relationship with you without notice. Further claims remain unaffected.
10.3. You are only allowed to use personal data from end customers for advertising purposes if the legal requirements for this are met. The right to use them for advertising measures, e.g. e-mail newsletters, cannot be derived from any transmission of contact data by us without the necessary requirements being met. If we inform you that one of your customers has given us consent to receive a newsletter from you by email, we will not verify this opt-in through a double opt in. We therefore recommend that you carry out a double opt-in yourself in order to be able to provide the evidence required by case law to grant an opt-in. Otherwise, you may not be able to prove that a customer has effectively consented to receive promotional emails.
10.4. If we offer you the opportunity to transfer personal data provided to you by end customers to other Internet offers (e.g. newsletter tools), it is your responsibility to create the data protection basis for this transfer and to conclude any necessary agreements between you and the recipient of the data.
11 Using “CopeCart Pro” or “Copecart-Pro.com”
11.1. We allow you to use the name “CopeCart Pro” or “Copecart-Pro.com” only to the extent necessary to indicate in the usual way that a product can be purchased via Copecart-Pro.com. Any further use of our trademarks requires our prior approval.
12 Third party services
12.1. To the extent that, in our discretion, we offer you the option to transfer from or receive information from your account to services offered by third parties, we are not the providers of those services ourselves and are not responsible for them.
1 Scope of regulation and definitions
The following terms and conditions for affiliates (together in Part II: “you”, “you”, “your”, “your”, etc.) govern the formation and content of the contract between you as an affiliate and a vendor who uses the services of Copecart-Pro.com and for whom you act as an affiliate. There is no contractual relationship between you and us in this respect.
2 Registering, modifying and deleting a registration
2.1. Registration on Copecart-Pro.com is a prerequisite for your activity as an affiliate.
2.2. Registration as an affiliate is only possible for natural and legal persons engaged in entrepreneurial activities. You must provide accurate information to register. You can delete a successful registration at any time with a period of one week. If your information changes, you must immediately update it on our website.
2.3. We are entitled to have appropriate evidence of your entrepreneurial status and the accuracy of your information. We are also entitled to reject and/or delete an application for registration without giving reasons.
3 Conclusion of the contract
3.1. We will work for you on the basis of these “General Terms and Conditions for Affiliates” if you register on our Copecart-Pro.com platform and agree to the validity of these “General Terms and Conditions for Affiliates” by clicking on the “I agree to the validity of the terms and conditions” button.
3.2. The condition of concluding a contract for the use of our services is that you successfully complete the hosted KYC process of our payment service provider.
3.3. Another condition of concluding a contract for the use of our services is that your place of business does not violate applicable sanction laws and regulations under applicable, EU, US or UK law.
4 Payment processing and remuneration
4.1. Your claim for compensation does not exist against us, but against the vendor. There is no claim for compensation if you are an affiliate and vendor at the same time or, as an affiliate, purchase a product as an end customer via your own affiliate link.
4.2. For all sales that you make with end customers using our services, you have concluded a commission agreement with the appropriate vendor. Our payment service provider pays you the resulting commission by deducting it from the consideration paid by the end customer.
4.3. We calculate the commissions generated in detail on a monthly basis from the contractual relationship with the vendor through the sales you have arranged. Our payment service provider will settle a positive balance no later than 15 days after receipt of payment in the currency of the brokered transaction at the exchange rate at the time the end customer order is placed by transfer to the account specified by you. Our billing system is the basis for calculating your compensation. You are able to prove the contrary.
4.4. 80% of your commission will be paid to you via our payment service provider after the end customer's 14-day right of withdrawal has expired. The remaining amount will be released for payment after a further 40 days. The payout is made on the basis of the data you have entered on our website. Objections to our statement must be reported to us no later than 14 days after the billing date. After that, the payout amount is considered approved.
4.5. Payments are only made from an amount of 50 euros per payment of remuneration and, regardless of the amount, upon termination of the contract in accordance with the due date rule.
4.6. Remuneration that was achieved as a result of a breach of the provisions of this contract or which is subsequently found not to meet the conditions for its accrual is subject to recovery.
1 Communication
You must provide an email address at which we can reach you at any time and for which incoming emails will be taken note of within one working day and will not be answered automatically.
2 Suspension of accounts
2.1. We are entitled to block accounts of vendors and affiliates and to suspend their products if we believe that they violate laws or the provisions of this contract to an extent that further activity using the account is not reasonable for us.
2.2. We will immediately inform the person concerned about the account being blocked, giving reasons.
3 Our liability
3.1. Our liability for intent and gross negligence is unlimited.
3.2. In the event of a simple negligent breach of essential contractual obligations, the amount of liability is limited to foreseeable and contract-typical damage. Significant contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the injured party may regularly rely. This does not apply to claims arising from injury to life, limb or health, fraudulent action, assumption of a guarantee, liability for initial inability or attributable impossibility, and claims under the Product Liability Act. In addition, liability — irrespective of the legal basis — is excluded.
3.3. The limitation period for liability claims against us is one year.
4 Applicable Law and Jurisdiction
4.1. The contract is governed solely by the laws of the State of Ireland. Private international law does not apply insofar as it is waivable.
4.2. The sole place of jurisdiction for all disputes in connection with this agreement is our registered office. We are also entitled to claim claims against our contractual partner at one of its legal places of jurisdiction.
5 Salvatory clause
Should individual provisions of these general terms and conditions be or become invalid in whole or in part, the remaining provisions remain unaffected, unless the omission of individual clauses would unreasonably disadvantage a contracting party to such an extent that it can no longer be expected to stick to the contract.
1 Introduction, scope, definitions
1.1. CopeCart Pro Ltd. (for this Part IV “Client”) has the vendor (for this Part IV “Contractor”) process personal data on behalf of carrying out cover transactions (the respective “main contract”). In order to execute the main contract, the client instructs the contractor to process the order in accordance with Article 28 GDPR, provided that the legal requirements for this are met. In the event of objections, this order processing contract takes precedence over the main contract.
1.2. Terms used in this contract are to be understood in accordance with their definition in the EU General Data Protection Regulation. In this sense, the client is the “responsible person” and the contractor is the “processor”. Insofar as declarations must be made “in writing” below, the written form is meant in accordance with Section 126 BGB. In addition, declarations may also be made in other forms, provided that adequate traceability is ensured.
2 Type and purpose of data collection, processing or use
Type and purpose of processing Processing is of the following type: collection, organization, ordering, storage, adjustment or modification, cross-selling, upselling, querying, use, disclosure through transmission, dissemination or other form of provision, reconciliation or linking, restriction, deletion or destruction of data. The processing serves the following purpose: to fulfill the contract, to process the contract. Categories of data subjects Affected by the processing are: Customers
3 Subject matter and duration of processing
3.1. Subject: The contractor undertakes the following processing:
General personal data:
— the name
— the date and place of birth
— or the place of residence of a human identification number
—Online data
The processing is based on the main contract between the parties.
3.2. Duration: Processing begins on the day of the conclusion of the respective main contract and takes place for an indefinite period until termination of this contract or the main contract by a party.
4 Obligations of the contractor
4.1. The contractor processes personal data exclusively as contractually agreed or as directed by the client, unless the contractor is required by law to carry out specific processing. If such obligations exist for him, the contractor shall inform the client of these before processing, unless the notification is prohibited by law. In addition, the contractor does not use the data provided for processing for any other purposes, in particular not for its own purposes.
4.2. The contractor confirms that he is aware of the relevant general data protection regulations. It complies with the principles of proper data processing.
4.3. The contractor undertakes to strictly maintain confidentiality during processing.
4.4. Persons who can obtain knowledge of the data processed on behalf of them must commit themselves in writing to confidentiality, unless they are already subject to a relevant confidentiality obligation by law.
4.5. The contractor assures that the persons employed by him for processing have been familiarized with the relevant data protection provisions and this contract before the start of processing. Appropriate training and awareness-raising measures should be repeated regularly. The contractor ensures that persons involved in order processing are adequately instructed and monitored on an ongoing basis with regard to compliance with data protection requirements.
4.6. In connection with the commissioned processing, the contractor must assist the client in preparing and updating the list of processing activities and in carrying out the data protection impact assessment. All necessary information and documentation must be kept available and immediately forwarded to the client upon request.
4.7. If the client is subject to inspection by supervisory authorities or other bodies or if data subjects assert rights against him, the contractor undertakes to support the client to the extent necessary, insofar as processing on behalf is affected.
4.8. The contractor may only provide information to third parties or the person concerned with the prior consent of the client. He will immediately forward inquiries addressed to him directly to the client.
4.9. To the extent required by law, the contractor appoints an expert and reliable person as a data protection officer. It must be ensured that there are no conflicts of interest for the agent. In cases of doubt, the client can contact the data protection officer directly. The contractor immediately provides the client with the contact details of the data protection officer or explains why no agent has been appointed. The contractor shall immediately inform the client of changes in the person or the internal tasks of the agent.
4.10. Order processing is generally carried out within the EU or the EEA. Any transfer to a third country may only take place with the express consent of the client and under the conditions set out in Chapter V of the General Data Protection Regulation and in compliance with the provisions of this Agreement.
4.11. If the contractor is not established in the European Union, he appoints a responsible contact person in the European Union in accordance with Art. 27 General Data Protection Regulation. The contact details of the contact person and any changes in the person of the contact person must be reported to the client immediately.
5 Notification requirements
5.1. The contractor immediately notifies the client of breaches of personal data protection. Substantiated cases of suspicion of this must also be reported. The notification must be sent to an address specified by the client within 24 hours of the contractor becoming aware of the relevant event. It must contain at least the following information:
5.1.1. a description of the nature of the personal data breach, including, as far as possible, the categories and approximate number of data subjects, the categories concerned and the approximate number of personal data sets concerned;
5.1.2. the name and contact details of the data protection officer or other point of contact for further information;
5.1.3. a description of the likely consequences of the personal data breach;
5.1.4. a description of the measures taken or proposed by the contractor to remedy the personal data breach and, where appropriate, measures to mitigate its potential adverse effects
5.2. Significant disruptions in the execution of the order and breaches of data protection regulations or the stipulations made in this contract by the contractor or persons employed by him must also be reported immediately.
5.3. The contractor shall immediately inform the client of checks or measures taken by supervisory authorities or other third parties, insofar as these relate to order processing.
5.4. The contractor undertakes to provide the client with its obligations under Articles 33 and 34 of the General Data Protection Regulation to the extent necessary.
6 Technical and organizational measures
6.1. The data security measures described in Annex 1 are defined as mandatory. They define the minimum owed by the contractor. The description of the measures must be so detailed that an expert third party can see at any time beyond doubt what the minimum owed should be based on the description alone. Reference to information that is not directly derived from this Agreement or its annexes is not permitted.
6.2. The data security measures can be adapted to technical and organizational developments as long as the level agreed here does not fall below the agreed level. The contractor must implement any changes necessary to maintain information security immediately. Changes must be reported to the client immediately. Significant changes must be agreed between the parties.
6.3. If the security measures taken do not or no longer meet the client's requirements, the contractor shall immediately notify the client.
6.4. The contractor guarantees that the data processed on behalf of the contract will be strictly separated from other databases.
6.5. Copies or duplicates will not be made without the knowledge of the client. Technically necessary, temporary reproductions are excluded, insofar as an impairment of the level of data protection agreed here is ruled out.
6.6. The processing of data in private homes is only permitted in individual cases with the prior written consent of the client. Insofar as such processing takes place, the contractor must ensure that a level of data protection and data security corresponding to this contract is maintained and that the client's control rights specified in this contract can also be exercised without restriction in the affected private homes. Processing data on behalf of private devices is not permitted under any circumstances.
6.7. Dedicated data carriers, which originate from or are used for the client, are specially marked and are subject to ongoing administration. They must be kept in an appropriate manner at all times and must not be accessible to unauthorised persons. Inputs and outputs are documented.
6.8. The contractor provides regular evidence of the fulfilment of its obligations, in particular the full implementation of the agreed technical and organizational measures and their effectiveness. The proof must be provided to the client at the latest every 12 months without being asked and otherwise at any time upon request. Evidence can be provided through approved codes of conduct or an approved certification process.
7 Subcontracting
7.1. The appointment of subcontractors is only permitted in individual cases with the written consent of the client.
7.2. Consent is only possible if at least data protection obligations have been contractually imposed on the subcontractor that are comparable to those agreed in this contract. On request, the client receives access to the relevant contracts between contractor and subcontractor.
7.3. It must also be possible to effectively exercise the rights of the client vis-à-vis the subcontractor. In particular, the client must be entitled to carry out checks on subcontractors at any time to the extent specified here or to have them carried out by third parties.
7.4. The responsibilities of the contractor and the subcontractor must be clearly differentiated from each other.
7.5. Further sub-contracting by the subcontractor is not permitted.
7.6. The contractor carefully selects the subcontractor, taking particular account of the suitability of the technical and organizational measures taken by the subcontractor.
7.7. The transfer of data processed on behalf of the subcontractor is only permitted when the contractor has verified in a documented manner that the subcontractor has fully fulfilled its obligations. The contractor must submit the documentation to the client without being asked.
7.8. The appointment of subcontractors who do not carry out processing on behalf of exclusively from the territory of the EU or the EEA is only possible if the conditions set out in Part IV clauses 4.10. and 4.11. of this contract are met. In particular, it is only permitted to the extent and as long as the subcontractor offers appropriate data protection guarantees. The contractor shall inform the client which specific data protection guarantees the subcontractor offers and how proof of this can be obtained.
7.9. The contractor must adequately verify compliance with the subcontractor's obligations regularly, at the latest every 12 months. The audit and its results must be documented in such a meaningful way that they can be understood by an expert third party. The documentation is provided by an audit provided in the system, which is carried out by the vendor in the form of a self-audit.
7.10. If the subcontractor does not comply with its data protection obligations, the contractor is liable to the client for this.
7.11. The subcontractors named in Appendix 2 with name, address and order content are currently processing personal data to the extent specified there and approved by the client. The contractor's other obligations towards subcontractors set out here remain unaffected.
7.12. Subcontracting relationships within the meaning of this contract are only services that are directly related to the provision of the main service. Ancillary services, such as transportation, maintenance and cleaning as well as the use of telecommunications services or user services, are not included. The contractor's obligation to ensure compliance with data protection and data security in these cases remains unaffected.
8 Rights and obligations of the client
8.1. The client alone is responsible for assessing the admissibility of the commissioned processing and for upholding the rights of data subjects.
8.2. The client places all orders, partial orders or instructions in a documented manner. In urgent cases, instructions may be given orally. The client will immediately confirm such instructions in a documented manner.
8.3. The client shall immediately inform the contractor if he finds errors or irregularities in the review of the contract results.
8.4. The client is entitled to check compliance with data protection regulations and contractual agreements with the contractor to an appropriate extent himself or through third parties, in particular by obtaining information and viewing the stored data and data processing programs as well as other on-site checks. As far as necessary, the contractor must allow access and insight to persons entrusted with the inspection. The contractor is obliged to provide the necessary information, to demonstrate processes and to provide evidence that is necessary to carry out an inspection.
9 Instructions
9.1. The client reserves a comprehensive right to issue instructions with regard to processing on behalf of the client.
9.2. Client and contractor name the persons exclusively authorized to issue and accept instructions in Appendix 3.
9.3. If the nominated persons change or are prevented for a longer period of time, successors or representatives must be notified immediately to the other party.
9.4. The contractor will immediately draw the client's attention if, in its opinion, an instruction issued by the client violates legal regulations. The contractor is entitled to suspend execution of the corresponding instruction until it is confirmed or amended by the person responsible at the client.
9.5. The contractor must document instructions given to him and their implementation.
10 Compensation
The tasks and measures of the contractor in the context of order processing are carried out free of charge. There is no remuneration law.
11 Special right of termination
11.1. The client may terminate the main contract and this agreement at any time without notice (“extraordinary termination”) if there is a serious breach by the contractor of data protection regulations or the provisions of this agreement, the contractor cannot or does not want to carry out a lawful instruction from the client or if the contractor refuses control rights of the client in breach of contract.
11.2. A serious infringement exists in particular if the contractor significantly fails or has failed to fulfill the obligations specified in this agreement, in particular the agreed technical and organizational measures.
11.3. In the event of minor violations, the client shall give the contractor a reasonable period of time to remedy the situation. If the remedy is not timely, the client is entitled to extraordinary termination as described in this section.
11.4. The contractor must reimburse the client for all costs incurred by the client as a result of the early termination of the main contract or this contract as a result of an extraordinary termination by the client.
12 Completion of the contract
12.1. Upon termination of the contract or at any time at the request of the client, the contractor must either destroy or hand over the data processed in the order to the client at the client's discretion. All existing copies of the data must also be destroyed. The destruction must be carried out in such a way that it is no longer possible to restore even residual information with reasonable effort. Physical destruction is carried out in accordance with DIN 66399, which includes at least protection class 2.
12.2. The contractor is obliged to immediately return or delete subcontractors as well.
12.3. The contractor must provide proof of proper destruction and submit it to the client immediately.
12.4. Documentation that serves as proof of proper data processing must be kept by the contractor even after the end of the contract in accordance with the respective retention periods. To relieve him, he can hand them over to the client at the end of the contract.
13 Liability
13.1. The contractor bears the burden of proof that damage is not the result of a circumstance for which he is responsible, insofar as the relevant data has been processed by him under this agreement. As long as this proof has not been provided, the contractor indemnifies the client from all claims made against the client in connection with order processing. Under these conditions, the contractor will also reimburse the client for all legal defense costs incurred.
13.2. The contractor is liable to the client for damage culpably caused by the contractor, his employees or the subcontractors commissioned by him to execute the contract or the sub-service providers used by him in connection with the provision of the contracted contractual service.
13.3. The contractor is liable to the client for damage culpably caused by the contractor, his employees or the subcontractors commissioned by him to execute the contract or the sub-service providers used by him in connection with the provision of the contracted contractual service.
14 Rules for the correction, deletion and blocking of data
14.1. The contractor will only correct, delete or block data processed as part of the order in accordance with the contractual agreement made or as directed by the client.
14.2. The contractor will comply with the relevant instructions from the client at any time and even after the termination of this contract.
15 Vertragsstrafe
Für jeden schuldhaften Verstoß gegen eine Verpflichtung aus diesem Auftragsverarbeitungsvertrag verpflichtet sich der Auftragnehmer an den Auftraggeber eine Vertragsstrafe zu zahlen, deren Festsetzung im billigen Ermessen des Auftraggebers steht und die im Streitfall der gerichtlichen Überprüfung unterliegt. Die Vertragsstrafe übersteigende Ansprüche bleiben unberührt. Die Vertragsstrafe hat keinen Einfluss auf andere Ansprüche des Auftraggebers.
16 Transfer to third countries
To ensure an adequate level of data protection when transferring personal data to third countries, CopeCart Pro Ltd. uses standard contractual clauses approved by the European Commission. These clauses regulate the processing of personal data by our contract processors and ensure compliance with the data protection regulations of both the EU and the respective third country. We also refer to our terms and conditions and our privacy policy.
17 Miscellaneous
17.1. Both parties are obliged to keep all knowledge of the other party's trade secrets and data security measures acquired as part of the contractual relationship confidential even after the contract has ended. If there is any doubt as to whether information is subject to confidentiality, it must be treated as confidential until it is approved in writing by the other party.
17.2. Should the client's property with the contractor be endangered as a result of measures taken by third parties (such as seizure or seizure), insolvency or settlement proceedings or other events, the contractor must immediately notify the client.
17.3. Subsidiary agreements must be made in writing.
17.4. The objection of right of retention within the meaning of Section 273 BGB is excluded with regard to the data processed in the order and the associated data carriers.
17.5. Should individual parts of this agreement be ineffective, this shall not affect the validity of the remaining agreement.
Annex 1 — Technical and Organizational MeasuresIM
The order-related technical and organizational measures to ensure data protection and data security, which the contractor must at least implement and maintain on an ongoing basis, are defined below. The aim is, in particular, to ensure the confidentiality, integrity and availability of information processed on behalf of the order.
Confidentiality (Art. 32 para. 1 lit. b GDPR)
Access control No unauthorised access to data processing systems, e.g.: magnetic or chip cards, keys, electric door openers, factory security or doormen, alarm systems, video systems;
Access control No unauthorized use of the system, e.g.: (secure) passwords, automatic locking mechanisms, two-factor authentication, data carrier encryption;
Access control No unauthorized reading, copying, changing or removal within the system, e.g.: authorization concepts and appropriate access rights, logging of accesses;
separation control Separate processing of data collected for different purposes, e.g. multi-client capability, sandboxing;
pseudonymization (Art. 32 para. 1 lit. a GDPR; Art. 25 para. 1 GDPR) The processing of personal data in such a way that the data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to appropriate technical and organizational measures;
Integrity (Art. 32 para. 1 lit. b GDPR)
Transfer control No unauthorized reading, copying, altering or removal during electronic transmission or transport, e.g.: encryption, virtual private networks (VPN), electronic signature;
input control Determining whether and by whom personal data has been entered, changed or removed from data processing systems, e.g.: logging, document management;
Availability and resilience (Article 32 (1) (b) GDPR)
availability control Protection against accidental or deliberate destruction or loss, e.g.: backup strategy (online/offline; on-site/off-site), uninterruptible power supply (UPS), virus protection, firewall, reporting channels and emergency plans;
Quick recoverability (Art. 32 para. 1 lit. c GDPR)
Procedure for regular review, evaluation and evaluation (Article 32 (1) (d) GDPR; Article 25 (1) GDPR)
data protection management;
incident response management;
Data protection-friendly default settings (Article 25 (2) GDPR)
Order control
No order data processing within the meaning of Art. 28 GDPR without appropriate instructions from the client, e.g.: Clear contract design, formalized order management, strict selection of service provider, obligation to provide prior confirmation, follow-up checks.
Appendix 2 — Approved Subcontractors
Subcontractor: Marketing MBA, 1906 Jumeirah Business Center 3 Office, Cluster Y, Jumeirah Lake Towers, Dubai, United Arab Emirates. rp@aiv.group (CEO Raoul Plickat)
Tools and programs used by the sub-service provider that process personal data:
Slack Technologies Limited: Salesforce Tower 60 R801, North Dock Dublin Ireland privacy@slack.comMonday.com:
MondayCom Ltd, 6 Yitzhak Sadeh Street, Tel Aviv-Yafo, 677750 https://monday.com/helpcenter/
Notion: Hendrik Beck & Sascha Rehbock GbR, Hanauer Str.3, 61118 Bad Vilbel info@getgamma.app
Google: Google Workspace Google Analytics Google Tag Manager Google Ireland Limited Gordon House, Barrow Street Dublin 4 Ireland support-deutschland@google.com
Zoom: Zoom Video Communications, Inc. 55 Almaden Blvd, Suite 600, San Jose, CA 95113, USA privacy@zoom.us
Calendly: Calendly LLC, 1315 Peachtree St NE, Atlanta, GA 30309, USA privacy@calendly.comWebinarJam: 7660 Fay Ave Ste H184, La Jolla, California, 92037, United States support@webinarjam.com
Close CRM: Elastic Inc, PO Box 1145, Jackson, WY 83001, USA dpo@close.com
Keeping: Katsu Ventures LLC, 90 State Street, Suite 700, Albany, NY 12207 support@keeping.com
Active Campaign: Active Campaign LLC, 1 N Dearborn St Fl 5, Chicago, Illinois, 60602, United States help@activecampaign.com
WebSMS: LINK Mobility Austria GmbH, Brauquartier 5/13, 8055 Graz, AUSTRIA office.at@linkmobility.com
Slido: Cisco Systems, Inc., Department of Legal Affairs, 170 West Tasman Dr., San Jose, CA 95134 USA support@slido.com
Jotform: Jotform Inc. 4 Embarcadero Center, Suite 780, San Francisco CA 94111 support@jotform.com
WebFlow: WebFlow Inc, 398 11th Street, Floor 2, San Francisco, CA 94103 support@webflow.com
clickfunnels: Clickfunnels LLC, 3443 W Bavria St, Eagle, Idaho 83616, US support@clickfunnels.comfunnelcockpit: Denis Höger Caballero, Nobelstr- 3-5, 41189 Mönchengladbach, Germany support@funnelcockpit.com
Kajabi: Kajabi LLC, 333 El Camino Real Ste 200 Tustin California 92780, US support@kajabi.com
AcademyOcean: Netpeak Group Ltd., 43 Cherni Vrah bld, Sofia, Bulgaria gdpr@netpeak.net
Copemember: CopeMember Technology Ltd., Gialousas 63, 3071 Limassol, Cyprus info@copemember.com
CopeCart Pro: CopeCart Pro Ltd., Ground Floor, 71 Lower Baggot Street, Dublin 2, Co. Dublin, D02 P593, Ireland Matomo: Matomo Ltd., 150 Willis St, Mount Victoria, 6011, New Zealand privacy@matomo.org
cookiebot: Usercentrics A/S, Havnegade 39, 1058 Copenhagen, Denmark mail@cookiebot.com
Hotjar: Hotjar Ltd., Dragonara Business Centre 5th Floor, Dragonara Road, Paceville St Julian's STJ 3141 Malta support@hotjar.com
Zapier: Zapier, Inc. 548 Market St. #62411. San Francisco, CA 94104-5401, USA contact@zapier.com
Vimeo: Vimeo Inc., 330 W 34th St Fl 5, New York City, New York, 10001, USA support@vimeo.com
vidalytics: Vidalytics LLC, 340 S Lemon Ave, Walnut, California, 91789, USA hi@vidalytics.com
Appendix 3 — Persons entitled to issue instructions
The following persons are authorized to issue and receive instructions: The person responsible in accordance with Art. 4 No. 7 GDPR
Appendix 4 — Data Protection Officer
The contractor is currently appointed as an external data protection officer:
Williams-Connect Management Janko Williams Straße der Jugend 18 14974 Ludwigsfelde kontakt@williams-connect.eu
1. Subject of the assignment
1.1. The vendor (for the purposes of this Part V “Client”) has Copecart-Pro Ltd. (for the purposes of this Part V “Contractor”) process personal data on behalf of the copecart-pro.com platform (the “Main Contract”). For this purpose, the parties conclude this order processing contract, which takes precedence over the main contract in the event of objections. Order processing in this sense by the contractor exists insofar as the contractor processes personal data via copecart-pro.com for which the contractor is responsible within the meaning of Article 4 GDPR.
1.2. Data from the client and his customers is affected. This includes in particular names, addresses, communication data, behavioral data, contract data, and payment data.
2. Responsibility and right of instruction of the client
2.1. For the purposes of order processing, the client is the person responsible within the meaning of Article 4 No. 7 GDPR. He is responsible for compliance with legal provisions on data protection, in particular for the lawfulness of the transmission of data to the contractor and for the lawfulness of data processing by the contractor.
2.2. The client has the right at any time to issue additional instructions to the main contract on the type, scope and procedure for processing personal data. Instructions must be made via the copecart-pro.com website, as far as possible, otherwise in text form. Instructions that are not covered by the contract for the use of copecart-pro.com are subject to a fee, insofar as a fee for this is usual.
2.3. The contractor will immediately inform the client in text form if, in its opinion, an instruction issued by the client violates legal regulations. As long as the parties have not addressed the contractor's concerns, the contractor is entitled to suspend the execution of the relevant instruction. If the parties are unable to reach an agreement and the client adheres to his instructions, the contractor is entitled to terminate this contract with a reasonable period of time, which should not be less than two weeks. If the main contract cannot be carried out in this case, the client is entitled to terminate it if the main contract could only be carried out by implementing the illegal instruction and this was not apparent to any party when the contract was concluded.
2.4. If the contractor is of the opinion that he is unable to comply with instructions from the client for technical reasons, he will inform the client of this in text form and coordinate with the client on how to proceed.
3. Client's control rights
3.1. The client is entitled to all control rights, in particular inspections, which are necessary to comply with the obligations incumbent on him in accordance with the provisions of the GDPR. The right of control must be exercised with a reasonable period of notice and during the contractor's normal business hours. In order to reduce the impact of inspections on its business operations, the contractor is entitled to combine these with those of other clients, insofar as this is reasonable for the client (e.g. joint inspection appointments, which are carried out within a reasonable period of time). The client will ensure that checks are carried out only to the extent necessary so as not to disproportionately disrupt the contractor's operations.
3.2. The client is entitled to delegate the exercise of control rights to a third party commissioned by the client. If the third party is in a competitive relationship with the contractor, the contractor has a right of appeal against his activity.
3.3. The contractor must participate in the exercise of control rights to the extent necessary. He may make checks by the client dependent on the signing of a standard and appropriate confidentiality agreement, insofar as this is necessary to protect his business secrets in accordance with legal requirements.
3.4. For the services to be provided under this paragraph, the contractor is entitled to an appropriate fee based on the time required, unless he is responsible for control or it is an inspection carried out or ordered by a supervisory authority. The contractor must not make the provision of the services owed by him dependent on the client acknowledging and/or paying a specific remuneration in advance.
4. Obligations of the client
The client must immediately inform the contractor, giving reasons, if he discovers errors or irregularities with regard to the requirements of this contract or the GDPR in the results of the order or with regard to the contractor's activity.
5. Obligations of the contractor
5.1. Any processing of personal data is carried out exclusively in accordance with the requirements of the main contract and any instructions given by the client. This also applies to the transfer of personal data to a third country or an international organization. This Part V paragraph 5.1 does not apply if the contractor is required to process by Union or Member State law to which it is subject; in such a case, the contractor shall notify the client of these legal requirements before processing, unless the relevant law prohibits such notification due to an important public interest.
5.2. The contractor confirms that he is not legally obliged to appoint a company data protection officer. He will appoint a contact person for the client for all matters relating to data protection and the implementation of this contract.
5.3. The contractor must oblige persons authorized to process personal data to confidentiality, unless they are already subject to an appropriate legal obligation of confidentiality. The scope of the obligation must be proportionate to the data processed and the consequences of any breach of personal data protection. It must also relate to all personal data that the contractor processes for the client. The content and fact of the obligation must be proven to the client upon request. Any further obligations arising from a separate confidentiality agreement between the parties remain unaffected.
5.4. On request, the contractor must provide the client with its order processing schedule. He must inform him of any subsequent changes in text form without being asked to do so.
5.5. The contractor will assist the client in complying with the obligations set out in Articles 32 to 36 GDPR, taking into account the type of processing and the information available to it. For this purpose, he will in particular provide the services provided for in this contract.
5.6. If necessary, the contractor will assist the client in carrying out a data protection impact assessment in accordance with Article 35 GDPR and will provide him with all information and evidence required for this purpose. He is required accordingly if the client must carry out a prior consultation with a supervisory authority in accordance with Article 36 GDPR. The contractor is entitled to an appropriate fee based on the time required for the services to be provided under this Part V section 5.6. The contractor must not make the provision of the services owed by him dependent on the client acknowledging and/or paying a specific remuneration in advance.
5.7. At the legitimate request of the client, the contractor will provide the client with all necessary information to prove compliance with the obligations incumbent on the contractor in accordance with Article 28 GDPR.
5.8. Should the client's data be endangered by the contractor as a result of seizure, seizure, insolvency or settlement proceedings or other events or measures taken by third parties, or if appropriate measures have been taken, the contractor must immediately fully inform the client, unless he is not permitted to do so by law. Furthermore, the contractor is obliged to inform all relevant third parties that the data is personal data for which the client is responsible and that he himself only acts as a contract processor.
6. Processing security
6.1. The contractor takes all measures required in accordance with Article 32 GDPR, in particular appropriate technical and organizational measures, to ensure a level of protection appropriate to the risk of data processing. At the client's request, he must prove compliance with these requirements by appropriate means.
6.2. The contractor is entitled to adapt to changed technical or legal circumstances. The contractor shall immediately inform the client of any changes that may result in a reduction in the level of protection.
7. Sub-processor
7.1. The contractor uses sub-processors for processing, which are notified to the client.
7.2. The contractor will inform the client in writing of changes to the appointment of sub-processors. The client may object to the change within a period of two weeks from receipt of the information. The contractor does not implement the change before the objection period has expired. In the event of an objection, the contractor is entitled to cancel the order processing contract with a notice period of at least one month, provided that the change would have been reasonable for the client and the objection is unreasonable for the contractor. It is reasonable for the client if the amendment would not have caused him to fear any disadvantages and in particular had ensured that the requirements of this contract and the GDPR would have continued to be met when the change was implemented. It is unacceptable for the contractor if he provides his order processing services as an essentially uniform process for a large number of clients and individual deviations between the sub-processors are not easy for the contractor to implement (e.g. all clients use the same, standardized software platform).
7.3. For any sub-processors, the contractor will comply with the conditions set out in paragraphs 2 and 4 of Article 28 GDPR. He must also ensure that the contract agreements otherwise made with the client in this regard and any additional instructions from the client are also complied with by the order processors. He must prove this to the client at the client's request.
8. Maßnahmen von Aufsichtsbehörden
8.1. Der Auftragnehmer informiert, soweit zulässig, den Auftraggeber unverzüglich über Kontrollhandlungen und Maßnahmen einer (Aufsichts-)Behörde, soweit sie sich auf diesen Vertrag beziehen. Dies gilt insbesondere, soweit eine Behörde im Rahmen eines Ordnungswidrigkeits- oder Strafverfahrens in Bezug auf die Auftragsverarbeitung beim Auftragnehmer ermittelt.
8.2. Soweit der Auftraggeber seinerseits einer Kontrolle der (Aufsichts-)Behörde, einem Ordnungswidrigkeits- oder Strafverfahren, dem Haftungsanspruch einer betroffenen Person oder eines Dritten oder einem anderen Anspruch im Zusammenhang mit der Auftragsverarbeitung beim Auftragnehmer ausgesetzt ist, hat ihn der Auftragnehmer im erforderlichen Umfang zu unterstützen. Für die insoweit zu erbringenden Leistungen steht dem Auftragnehmer ein angemessenes, am Zeitaufwand orientiertes Entgelt zu, sofern und soweit er die entsprechende Kontrolle etc. nicht zu vertreten hat. Der Auftragnehmer darf die Erbringung der von ihm geschuldeten Leistungen nicht davon abhängig machen, dass der Auftraggeber eine bestimmte Vergütung anerkannt und/oder vorab leistet.
9. Compensation of the contractor
The contractor is not entitled to a separate fee for the services provided by him under this contract, unless otherwise agreed in this contract.
10. Duration of contract
The term of this contract depends on the duration of the main contract. In isolation from the main contract, it can only be terminated for good cause, unless this contract or mandatory statutory provisions provide otherwise.
11. Consequences of contract termination
11.1. After completion of the provision of the processing services, the contractor will either delete or return all personal data at the client's option and delete the existing copies, unless there is an obligation to store the personal data under Union law or the law of the Member States to which the contractor is subject. The contractor must confirm that the deletion has been carried out in accordance with the client's requirements.
11.2. The client has the right to check that the contractor has returned and deleted the data in full and in accordance with the contract.
11.3. Any right of retention on the part of the contractor with regard to the processed data and the associated data carriers is otherwise excluded.
12. liability
The liability of the parties is based on the provisions of the main contract. The direct liability of the parties to a person concerned under legal data protection provisions remains unaffected.
13. Violation of data protection regulations, agreements or instructions
13.1. The contractor is obliged to notify the client in text form of any violation of data protection regulations, the agreements made and/or the instructions issued immediately, no later than 24 hours after first knowledge. The corresponding message should contain at least the following information:
13.1.1. A description of the nature of the breach, including, as far as possible, the nature and amount of data concerned and categories of data subjects;
13.1.2. The name and contact details of the data protection officer or other point of contact for further information;
13.1.3. A description of the likely consequences of the personal data breach;
13.1.4. A description of the measures taken or proposed by the controller to remedy the personal data breach and, where appropriate, measures to mitigate its potential adverse effects;
13.2. Any necessary notification to a supervisory authority or information from data subjects is the sole responsibility of the client. The contractor will contribute to this to the extent necessary.
13.3. The contractor is also obliged to immediately investigate the infringement to the extent necessary and to provide the client with appropriate documentation. The documentation must include a description of what measures the contractor has taken to prevent further violations and why he is of the opinion that the measures taken are sufficient to comply with the requirements of this contract and the legal regulations.
14. Rights of data subjects
14.1. The contractor will, insofar as it is possible and reasonable, support the client with appropriate technical and organizational measures in complying with his obligation to respond to requests for the exercise of the rights of data subjects set out in chapter 3 of the GDPR. For this purpose, the client must inform the contractor in writing of what support action he requires from the contractor and, in this respect, provide the contractor with the data necessary to fulfill the request. If a party requires further information from the other party, it will immediately inform this in text form. The contractor provides his support within a reasonable period of time so that the client can meet the deadlines incumbent upon him. He must immediately inform the client, giving reasons, if he is unable to provide the required support action.
14.2. If a data subject should contact the contractor directly to exercise the rights to which he is entitled under Chapter 3 of the GDPR, the contractor will refer him to the client insofar as it is possible for him to assign it to the client. If it is not possible for him to make an assignment and the contractor is also not obliged as a responsible person directly to the person concerned under Chapter 3 of the GDPR, he will inform him that he is working as a processor for third parties and that he cannot identify the third party with regard to the person concerned. If and to the extent that the contractor himself is obliged to the person concerned as responsible in accordance with Chapter 3 of the GDPR, the fulfillment of the corresponding obligations is solely the responsibility of the contractor as the person responsible.
14.3. For the services to be provided to the client in accordance with this Part V paragraph 14, the contractor is entitled to an appropriate fee based on the time required. The contractor must not make the provision of the services owed by him dependent on the client acknowledging and/or paying a specific remuneration in advance.
The vendor in the following “proxy” grants
CopeCart Pro Ltd. Ground Floor, 71 Lower Baggot Street, Dublin 2, Co. Dublin, D02 P593 hereinafter referred to as “Authorized Agent”
POWER OF ATTORNEY
The authorized representative is entitled, on behalf of and for the account of the proxy
to publish and promote the product in its online shop copecart.com, and to commission affiliates on the basis of the terms and conditions set by it or have it commissioned by third parties, with our client independently determining the amount of remuneration,
To negotiate the terms of the sales transaction with the end customer (contract negotiation competence) and to accept or reject the end customer's offer aimed at the conclusion of the contract on behalf of the proxy and to make the declaration aimed at the conclusion of the contract (contract conclusion competence) as well as to make all other related, legally binding declarations and carry out acts relating to the intermediary activity of the authorized representative on the basis of the contractual agreements are required, in particular to confirm the conclusion of the sales transaction to the end customer in text form and to issue the invoice, and
to receive the agreed purchase price from the end customer with debt-relieving effect (collection power of attorney) and
Pay out the remuneration owed and due by the proxy to the affiliates and partners of a joint venture.
This authorization expires upon withdrawal of publication and/or deletion of the user account.