webinGO

WebinGO OÜ., as an agent (hereinafter: Agent) in connection with the marketing activity carried out on the basis of an assignment contract

 

WebinGO OÜ

registered office: Sepapaja 6. 15551 Tallinn, Estonia                                                      

tax number: EE102410954                                                                                               

quality data processor, hereinafter referred to as Agent

 

• In order to increase and popularize the awareness of the Client and the products and services defined by it, to reach new partners and target groups, to explore needs and business opportunities, and to arouse interest - after defining and filtering the segments defined by the Client - telephone inquiries of the target segment (direct marketing) undertakes in the individual offer (Unique offer) as stipulated, on the basis of a separate customer. Regardless of its name, the signed order form constitutes an assignment contract (Individual contract) between the parties.

• During telephone calls, the content to be communicated by the Agent (hereinafter: script) is prepared by the Agent based on the information, instructions and training of the Agent. Before starting the activity, the Assignee will introduce the script to the Principal. The Client acknowledges that any deviation from the script, which does not adversely change the content the Client wishes to communicate, cannot serve as a basis for breach of contract.

• The Client is obliged to define the target group in cooperation with the Client and to cooperate in the compilation of the campaign. The Principal is obliged to provide the Principal with the necessary information expected of him in order to fulfill the Principal.

• The client undertakes to continuously inform the client about the progress of the campaign and the degree of interest in the product to be sold during the fulfillment of the assignment, regardless of the duration of the assignment.

• The Principal acknowledges that the Principal does not exclusively carry out direct market activities based on inquiries for one Principal, so any assignment contract between the parties does not constitute a limitation of the Principal's contracts in progress or to be entered into after the legal assignment relationship between the Parties in any respect.

• The authorized person is entitled to schedule the days and periods in which he initiates calls. The agent is entitled to freely assign his contributors and operators.

• During the procedure, the Agent is obliged to preserve the good reputation of the Principal, and to act with the requirement of honesty in mind during the performance of the contract.

• The Agent is entitled to the remuneration specified in the offer attached to the assignment contract for the activities carried out during the existence of the assignment contract. The fulfillment of the assignment fee does not depend on the success of the calls initiated by the Agent.

• In relation to commission contracts, where the parties define a successful call as the basis of remuneration, the following must be understood by a successful call: reaching the participant in the decision or the decision-maker; and the call when the Agent does not reach a specific customer twice, on different days. A successful call is also if a customer is not available (cannot be connected, defunct company, did not pick up after 2 attempts, the number is not good, etc.). A successful call does not mean that a contacted customer is interested in the service/product. Calls or call attempts are generally classified into the following categories: missed; he doesn't care; interested/requests an email; interested/search by phone; not available; defunct company; delete

• Fixed-term assignment contracts become indefinite after the end of the fixed period without any further legal declaration.

• Contracts created for a specified number of calls will be terminated upon completion. If a contract for a fixed number of calls is terminated before performance due to a reason within the interests of the Principal, becomes unfulfillable, or the Principal requests expressly that the Principal ceases to continue the performance, then in these cases the Principal is entitled to the full fee.

• The contract can be terminated:

• by mutual consent;

• with immediate termination, if the other party seriously violates the obligations assumed in this contract or based on the law;

• if, during the performance, the Agent indicates to the Principal that there is very little interest in its product and thus the appropriate level of effectiveness cannot be expected from the order, then in this case either party may decide to terminate the order with immediate effect, subject to a proportional settlement.

• The parties state that if this assignment contract is terminated for any reason before its expiration, the Client is entitled to the assignment fee in proportion to the activities performed up to that point.

• If the Client is terminated with immediate effect due to a breach of contract by the Client, or if either party terminates the assignment due to little interest in the Client's product, then in that case the parties stipulate that:

• The Principal loses any discounts included in the contractual offer (in particular, but not exclusively, the discount of the "one-time fee" waiver), which he must pay to the Principal within 5 days after notification of the termination.

• the Agent is entitled to retain the entire "one-off fee" included in the offer and already paid, which covers the preparation and costs necessary to fulfill the assignment.

• If the Client cannot fulfill the order, the Client and the Client will individually agree on the remuneration of the pilot.

• Assignment contracts cannot be terminated by ordinary notice during the fixed period; indefinite-term commission contracts can be terminated with 30 days' notice, with the provision that a settlement relationship is established between the Parties in relation to services that have already been partially or fully performed, with the minimum quantity fee being paid to the Commissioned person even if that quantity was not otherwise received away. The Client must pay the fee calculated in this way to the Client by bank transfer against the invoice issued within 5 days after the termination of the assignment contract.

 

• During the fulfillment of the assignment, the parties primarily maintain contact through the persons and channels specified at the time of the assignment.
   

• The contracting parties undertake to fully cooperate with each other for the purpose of the assignment, and to inform the other party immediately of any changes in their contact information, company data, data to be used during the assignment, and in the persons designated for contact, as well as in the contact information of the contacts. The party that fails to provide information is fully responsible for damages caused by failure to do so.
   

• The Parties jointly declare that if the letter addressed to the other Party is returned with the marks "not searched for", "moved", "addressee unknown" or "not received", then it is considered that the other Party has become aware of its content and the sending on the 5th day following, the shipment must be considered delivered. Parties are obliged to notify the other Party of the change of their notification address in writing, the Party obliged to notify shall be responsible for failure to do so or incorrect performance.
   

• The parties state that the information, data, campaign strategy, business relationship system, remuneration and individual discounts that they have come to know during the performance of this assignment will be treated as business secrets and may only be disclosed to a third party with the prior written permission of the party concerned. The parties are bound by an obligation of confidentiality with regard to the personal data they have obtained.
   

• Assignment contracts can only be amended in writing by mutual agreement.
   

• The parties wish to settle the disputed issues that have arisen between them primarily through direct negotiations. In the event of failure, the exclusive jurisdiction of an arbitral tribunal is stipulated.
   

• With regard to the data managed on the basis of the assignment, the Principal is considered a data controller. The principal undertakes to handle and use the data provided to him on the basis of the assignment contract in accordance with the legislation on data management, subject to the purpose and in compliance with the scope of the given consent.
   

• By signing the assignment contract, the client consents in advance to the management of the data provided during the assignment by the client and to the release and use of the data to third parties, as well as to the construction of a database for the purpose of direct marketing and telesales. The Principal also consents to the fact that the data provided by him or otherwise learned by the Principal during the assignment may be known, managed and used by the Principal's collaborators in order to fulfill the provisions of this contract.

 

• This contract applies to both Individual contracts and Pilot contracts. In the absence of a different provision in the Individual or Pilot contract, the legal relationship of the parties is governed by the provisions of these General Terms and Conditions.

 

• This contract will enter into force on November 17, 2022 and will apply to commission contracts entered into after its entry into force.

• The client undertakes to pay the cost of the contract by bank transfer within the payment deadline of the invoice issued after completion.

• The authorized person records the acquired information, leads and results in the CRM system created for the Customer, and transfers them to thePrincipal for.

• The Client starts work when the Client has handed over the list of people to be called, accepted the phone script created by the Client, and the list of callers has been loaded into the Client's CRM system.

• The pilot can be returned unilaterally, even without justification, on the part of the Agent, if the successful pilot is deemed not to be insured.

• The order created is based on a call fee.

• After 2 unsuccessful calls during the Entrusted implementation, a number does not call again.

The Data Processing Agreement and all other separate agreements between the Agent and the Principal form an inseparable part of this contract.

 

Date: November 17, 2022