Agreement On Client Attraction
The present document is an official offer of IT Travel LP (hereinafter referred to as "KiwiTaxi") to make a contract on the Terms and Conditions stated below. The contract and appendices, being its integral part, are available on KiwiTaxi’s official website (http://kiwitaxi.com) and in all cases given to the Affiliate for examination when booking and (or) sent to the Provider by e-mail or in any other communication form. In accordance with the law of the United Kingdom, this document is the offer.
The contract is made by accepting the offer by a person, responded thereto (hereinafter referred to as the "Agent"). The written form of the contract is considered to be respected pursuant to the laws of the United Kingdom.
Full and unconditional acceptance of the offer is the Affiliate’s fulfillment of any actions relating to execution of the Terms and Conditions of the contract, indicated in the offer, including service booking and (or) effecting full or partial payment under the contract.
The offer may be withdrawn by KiwiTaxi at any time before it is accepted.
Terms and definitions
KiwiTaxi is IT Travel LP with its principal office at Duke Str. 41 Edinburgh UK, EH6 8HH.
The Booking system, BS is KiwiTaxi’s online booking system implemented on the Internet at http://kiwitaxi.com
The Referred client, the client is a person followed the Affiliate’s link to the BS page.
The Affiliate is a person delivering the services for client attraction by KiwiTaxi’s instructions on the Terms and Conditions of this contract.
The Affiliate’s website is the Affiliate’s website or websites on the Internet.
The Link to the SB, the link to the booking system — the Affiliate’s link or booking form providing jump of the clients to the Booking system page.
The Rules of services delivery (the Rules), the Service Level Agreement (the Level) are the integral parts of the present contract establishing the rules and parameters of services delivery. The Rules and the Level may be signed by the parties or (at KiwiTaxi’s discretion) posted on KiwiTaxi’s website.
1. Subject oh the contract
1.1. By KiwiTaxi’s instructions, the Affiliate shall deliver the services on client attraction and KiwiTaxi shall pay for these services.
2.Responsibilities of the parties
2. 1. KiwiTaxi shall:
2.1.1. provide the Affiliate the authorized access to the personal account on KiwiTaxi’s official website to view the orders of the clients referred and draw up services delivery notes.
2.1.2. provide the Affiliate the guidelines on creating the link on the Affiliate’s website or other websites.
2.1.3. compile a service delivery note in the Affiliate’s personal account.
2.1.4. pay for the Affiliate’s services in the order and on the terms and conditions hereof provided there are no breaches hereof.
2.2. KiwiTaxi may:
2.2.1. give instructions to the Affiliate regarding the contract fulfillment.
2.2.2. demand the Affiliate to eliminate violations.
2.2.3. block the Affiliate’s access to the BS and (or) require to immediately delete the link to the BS, including in case of the breach of the contract by the Affiliate.
2. 3. The Affiliate shall:
2.3.1. create the link to the Booking system for KiwiTaxi services on the website owned by the Affiliate and any other resources, maintain this link in an appropriate working order and provide an easy jump for the clients.
2.3.2. meet the requirements of the United Kingdom laws, rules of hosting services, sites, forums and any other resources by third parties.
2.3.3. protect the Affiliate’s login and password, its software against unauthorized use by third parties.
2.3.4. follow the KiwiTaxi’s recommendations and requirements regarding the contract fulfillment.
2.3.5. give a service delivery act and invoice for payment to KiwiTaxi in the order and within the dates established hereby.
2.4. The Affiliate may:
2.4.1. receive a fee stipulated by the Terms and Conditions hereof subject to no violations of the provisions hereof.
3. Procedure of services delivery. Prices and Settlement procedure. Services delivery note
3.1. For the purposes of the contract fulfillment, the Affiliate shall create the link to the Booking system for KiwiTaxi services as well as maintain the function of the link.
3.2. The Affiliate shall create links meeting the requirements and prohibitions available in the Affiliate program for webmasters section (http://kiwitaxi.com/Affiliate/webmaster) on KiwiTaxi’s official website and other instructions of KiwiTaxi.
3.3. The client attraction service shall be considered as delivered provided the following conditions are met:
- The client has followed the link to the BS created by the Affiliate;
- The client has placed an order via BS within 30 days from following the link;
- The client has fully paid KiwiTaxi for the delivered service;
- The client has used the ordered service.
In case the referred client refused to fulfill contract or failed to make an order, the service shall not be considered as delivered, the payment to the Affiliate shall not be effected.
3.4. The service delivery note shall be set up in the Affiliate’s personal account as per the results of each month, or (at KiwiTaxi’s discretion) shall be sent to the Affiliate to its e-mail. If no objection is received from the Affiliate within 1 day from drawing up a note, the note shall be considered to be accepted by the Affiliate. Service payment shall be made not later than 20th day of a month following the reporting one, subject to the Affiliate’s provision of the scanned note within the established time limit, otherwise the payment shall be postponed to the following month.
3.5. The price of the Affiliate’s service shall be defined as the rate of KiwiTaxi’s profit from the completed orders, paid by the client referred by the Affiliate. The specific rate is indicated in the Service Level Agreement, which is an integral part hereof, or in the Affiliate’s personal account or in the appendices hereto. Unless otherwise stated in the Contract, Service Level Agreement and (or) the Affiliate’s personal account or in the appendices hereto, the price of the Affiliate’s service shall be 50% of KiwiTaxi’s profit from the completed orders, paid by the client referred by the Affiliate.
3.6. The Affiliate’s services shall be paid for till the 20th day of a month following the reporting one subject to timely provision of the service delivery note by the Affiliate indicating payment details for payment and subject to reaching the minimum payment amount by the Affiliate. In case of the Affiliate’s failure to reach the minimum payment amount, the payment shall be postponed the next month. The minimum payment amount shall be established by the Service Level Agreement and (or) in the Affiliate’s personal account or appendices hereto. Unless otherwise stated in the Service Level Agreement and (or) in the Affiliate’s personal account and appendices hereto, the minimum payment amount shall be equivalent to 50 (fifty) USD or EUR. The payment date shall be the date when the monetary funds are effectively debited from KiwiTaxi’s settlement account.
3.7. In case of change of the bank details, invoice addresses, contact phone numbers, fax number and e-mail addresses as well as tax treatment, the Affiliate shall be obliged to inform KiwiTaxi thereof by written notification within 1 day from such changes. The Affiliate may put changed payment details in the personal account. The Affiliate shall bear responsibility for truth of stated payment details.
3.8. Relationships of KiwiTaxi and clients shall be regulated by the Terms and Conditions of the Contract, the Rules of services delivery, the Service Level Agreement to be concluded by and between KiwiTaxi and clients.
3.9. KiwiTaxi is not a VAT payer and has no VAT number; the Affiliate shall charge and pay VAT of the amount of the received fee on its own.
4. Responsibilities of the parties
4.1. For failure to fulfill or improper fulfillment of the obligations hereunder, the parties shall bear responsibility in accordance with the United Kingdom laws and the provisions hereof.
4.2. The Affiliate shall bear responsibility for function of its equipment and maintain the links to the BS in a proper working condition. And setting up and diagnostics of computers and any other equipment owned by the Affiliate and securing communication of the Affiliate’s hardware with KiwiTaxi’s BS shall not be included in KiwiTaxi’s duties.
4.3. The Affiliate shall bear responsibility for protection of its equipment and accounts against unauthorized use and any actions performed with the Affiliate’s equipment and account and shall be obliged to indemnify KiwiTaxi for losses resulted by such actions.
4.4. The Affiliate shall have no right to distribute information defaming business reputation of KiwiTaxi and any other information about KiwiTaxi to be contrary to fact; the Affiliate shall avoid violation of the United Kingdom laws, moral and ethical standards and rules on its web-site. If this clause is violated, KiwiTaxi may suspend access to the BS or terminate this contract unilaterally out of court, and, at KiwiTaxi’s demand, the Affiliate shall pay the penalty in the amount of 250 (two hundred and fifty) USD or EUR per each identified violation case and compensate KiwiTaxi for all expenses incurred due to the latter relating to claims of the clients or state authorities or any other persons.
4.5. In case of the Affiliate’s breach of the provision hereof and termination hereof, the Affiliate shall immediately delete the link to the Booking system for KiwiTaxi services and remove the mention of KiwiTaxi.
4.6. In case of the Affiliate’s failure to fulfill or delay in fulfilling the obligation to submit a service delivery note to KiwiTaxi, KiwiTaxi may suspend execution of its obligations, including obligations on payment for the Affiliate’s services, till the Affiliate completes these obligations and also apply penalty in the amount of 10 (ten) EUR or USD per each day of delay.
4.7. The Affiliate is not a driver and renders services for booking a transfer. The Affiliate shall not bear responsibility for any actions (failure to act) of drivers and claims of clients related to such actions (failure to act).
5. Dispute settlement procedure
5.1. The Contract provides for the compulsory pre-court procedure for dispute settlement by means of presenting the claims and answers thereto.
5.2. The claims shall be sent (handed) by mail, at the office or at the addressee location and shall be subject to consideration within 10 days from receiving the claim.
5.3. If disagreements between KiwiTaxi and the Affiliate cannot be settled through claim procedure, they shall be subject to settlement at the court at KiwiTaxi’s location with application of the laws of the country where KiwiTaxi is registered.
6. Duration of the contract
6.1. The present contract shall come into force when signed in accordance with the procedure established hereby and remain in force without limit of time.
7. Procedure for modification and termination of the contract
7.1. Each of the parties may terminate the Contract with written notification of the other party not less than 30 days prior to such termination.
7.2. KiwiTaxi may terminate the contract at any time in case of violation of the terms and conditions hereof by the Affiliate.
7.3. KiwiTaxi may put the texts of additional agreements or new versions of the Contract and appendices hereto, or any other materials defining the order of the Affiliate’s business on its website — in this case, terms and conditions of the agreements and appendices and other materials shall apply as regards to the part where they imply additional rights of KiwiTaxi and additional duties of the Affiliate and do not worsen KiwiTaxi’s position as compared to the present contract. By performing the actions under the contract, the Affiliate confirms its consent to the contract’s version that is effective at the moment of making the actions, as well as to the texts of additional agreements and any other materials on the KiwiTaxi’s website.
8. Other terms and conditions
6.1. The Parties agree to acknowledge the correspondence via electronic and facsimile communication to be sufficient for fulfilling the obligations hereunder.
6.2. Conclusion of the Contract shall be made by performing any actions by the Affiliate relating to fulfillment of the Contract and additional agreements.
6.3. The Affiliate’s e-mail address, login and password shall be considered to be the equivalent handwritten signature.
6.4. The laws to be applied to the contract shall be the United Kingdom laws.
9. Kiwitaxi’s bank details
IT Travel Limited Partnership
Location: Duke Str. 41 Edinburgh UK, EH6 8HH
Telephone: 8 800 200 3292
Incorporated Name: IT Travel LP
Beneficiary`s Bank: Deutsche Handelsbank
SWIFT code: DEKTDE7GXXX
Account #: DE80700111104100322000
CEO: Evgeny Fedorov