Clickadu Terms and Conditions underline your use of this Website, www.clickadu.com (hereafter called as the “Website ”, “Platform”), your use of the advertising and monetization service (“Service”) offered through the Platform and your collaboration with Clickadu s.r.o. (hereafter called as the “Clickadu”, “We”, etc.). Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law.
Hereby, you require to accept Clickadu Terms and Conditions in order to use our Service. We offering registration and information re-check forms to secure the agreement with our Terms of Service. And, by continuing to use our services you automatically accept our Terms and Conditions. By accepting our Terms you are also getting responsible for ensuring that any person who access our Platform is aware of these Terms of Service and other applicable documents and comply them.
If you do not agree to these Terms and Conditions, please do not use the Service or the Website, or do not apply as a Publisher or an Advertiser.
Clickadu s.r.o. (Czech Republic) general purpose is to provide advertising and monetization Services as an advertising network. We work with various kinds of Advertisers and Publishers around the world and offer them a Platform with ability to launch and manage their advertising campaigns by automated means. The management of every advertising campaign is implemented through a personal user account.
Please rely on the information you receive from this Website (Platform) at your own risk. However, Clickadu pursuit to make available information accurate and up to date.
Please note that the general website www.clickadu.com and its subdomains may contain external links to other third-party websites. We do not accept any responsibility or liability for third-party websites on their Terms of Services or how they process your personal information. We strongly recommend you to examine these third-party websites policies and terms before submitting any personal information.
Clickadu isn’t responsible for any loss sustained by any person using this Website (Platform) or service.
The company responsible for providing Advertising and Monetization services and platform:
Zenklova 32/28, Praha 8 - Libeň, 180 00
Below are the Terms for Advertiser and Publisher. Please note that ‘Advertiser Terms agreement’ differs from ‘Publisher Terms agreement’, by accepting Clickadu Terms and Conditions you accept both agreements
1. Main Definitions
2. The Service
3. Costs incurred, Contents and Positioning
4. Fees, Payment and Advertiser Account
5. Clickadu Limited Warranty
6. Advertiser’s Representations and Warranties
7. Restrictions and fraudulent activity
9. Rejection of Campaign Content
13. Intellectual property
14. Entire Agreement and Variation
15. Assignment, Governing Law and Jurisdiction
16. Limitation of Liability; Disclaimer of Warranty
17. Refund policy
18. Force Majeure
Clickadu s.r.o. (Czech Republic), (the, “Clickadu”, “Clickadu”, “We”, etc.) Clickadu provides Advertiser with a technical possibility (“Service”) to perform marketing services including but not limited to uploading Ads and creating Ad campaigns.
- “Advertiser” - individual or company who markets goods or services with Ads on Publishers’ Websites using Company Service as a mediator.
- “Ad or Advertisement” - any type of online advertisement, including, without limitation, banners, links, pop-ups, pop-unders and video advertisements or similar in text or any other media format.
- “Advertiser Account” / “Account” means the Advertiser’s account at Clickadu self-service platform (http://ssp.clickadu.com) used for setting, managing and launching advertising campaigns.
- “Content” - all ad content, related technology and tags provided by Advertiser that are subject to the Services under this Agreement.
- “Date of decision” – means the date of decision and acception with Terms for Advertisers or in the absence of its signature, the date when the Advertiser set up an Advertiser Account with Clickadu.
- “Advertising or Ad Network” - technological platform that allows Advertisers to create Ad campaigns and display Ads on Publishers’ Websites
- “Property of the Network” – any website,content, application forms. Any intellectual property or any other media owned, operated, or provided by a company within the Clickadu Network upon Clickadu advertising activities.
- “Campaign” or “Ad Campaign” – certain actions set up by an Advertiser to increase traffic to the Advertiser or its affiliate website, sales and/or attracting new customers.
- Clickadu provides Advertisers with a technical possibility to perform marketing services including but not limited to uploading Ads and creating Advertising campaigns.
- Clickadu may refuse you for running/using the Service for Advertisers on the following grounds:
- Suspicion or known or perceived links to terrorist organisations, military, arms and/or ammunition manufacture or sales;
- Suspicion or known money laundering or terrorism financing;
- Suspicion or known criminal offence;
- Suspicion or known activity or trade within, from or into a country where that activity is subject to embargo and/or trade control restrictions;
- Publication and advertising illegitimate content and materials or extreme political propaganda;
- Clickadu monitors, tracks and provides reports in a manner and on a schedule determined by Clickadu in its sole discretion. Clickadu will report if and when errors have occurred in Your Ad campaign. Clickadu will also, at its sole discretion, provide support and advice on a Campaign during the term of this Agreement.
- Clickadu does not guarantee:
- the placement, positioning or the timing of delivery of any Ad;
- the number of impressions, publications, conversions or clicks on any Ad.
Costs incurred, Contents and Positioning
- Advertiser shall submit Contents for all Ads types in accordance with such due date as may be set out in this Agreement or as otherwise is communicated by Clickadu.
- Unless otherwise agreed in writing, the positioning of Ads on a Clickadu Network Property is at Clickadu sole discretion.
- If Advertiser asks Clickadu to carry out the posting or modification of a campaign or any element of the campaign (including without
limitation through an authorization for Clickadu to optimize campaigns generally), Clickadu will carry out such posting and/or modification within 48 hours.
Any such posting or modification carried out by Clickadu shall be deemed approved by Advertiser from the earlier of (i) confirmation from Advertiser, and (ii) the end of the 12th hour following the posting or modification carried out by Clickadu. If Advertiser does not approve of the posting or modification, it must notify Clickadu via e-mail within 12 hours of the posting or modification.
- The advertiser is solely responsible for all: (i) Contents generated by or for Advertiser; (ii) properties to which a Content directs users (including without limitation content on the domain or landing page reached by clicking on the Content URLs; and/or (iv) Advertiser’s services.
Fees, Payment and Advertiser Account
- All statistics for the purposes of billing and general delivery reporting are based on Clickadu reporting system.
Use of the Service shall be carried out on a monthly basis. For the purpose of present Agreement, a calendar month shall be deemed as a reporting period (the, “Reporting Period”).
Rates for advertising campaigns are calculated on the basis of its pricing model, a frequency of impressions, ads placement, number of acquisitions, GEOs and other campaign terms.
- In the event that Advertiser believes that there is a discrepancy in Clickadu reporting system (stats) for Reporting Period, Advertiser must provide Clickadu with a reasoned report of such discrepancy within three (3) calendar days from receipt of Clickadu server reports in relevant Reporting Period. Otherwise, Clickadu shall not be liable for such discrepancy, services shall be deemed rendered, and will calculate earnings on basis of its reporting system. If the parties are unable to reach an agreement regarding the discrepancy, then Clickadu reporting system shall prevail.
- Clickadu provides the ability to perform payments by using payment service providers. Advertiser shall have the right to select any payment service provider available.
You agree that Clickadu is not responsible for any actions applied by the payment service provider including but not limited to any additional transaction fees,
banking commissions or currency fees applied to your transaction. All payments to Clickadu include the above-mentioned fees and commission, if applicable.
An advertiser is responsible for all applicable taxes associated with provided ad services, other than taxes based on Clickadu income. Advertiser shall indemnify Clickadu against all losses suffered or incurred by Clickadu arising out of or in connection with any payment made to Clickadu.
- In case of using Self-Service Advertiser shall make a deposit of funds to its Advertiser Account in advance. The minimum amount of initial deposit is $100 US Dollars. By using Self-Service you agree that setting limitations on Ads campaigns budget and spending shall be entirely your responsibility. If the funds in your Advertiser Account are exhausted, all running campaigns may be suspended immediately, if spending limits are not applicable. Spending limitations are not legally binding and Clickadu bears no responsibility for any excess.
- In case of using Managed services Advertiser shall set up all spending limitations and budget (fixed or unlimited) with Clickadu managers to run Ads campaign. So Advertiser has to control spending of the advertising budget and undertakes to inform Clickadu in written about further actions to optimize such campaign. You shall pay for Services on the base of the invoices, issued by Clickadu, by one the following options: (i) prepayment, (ii) net, or (iii) net + 30 days.
- Advertiser acknowledges and agrees that any credit card and related billing and payment information that Advertiser provides to Clickadu may be shared by Clickadu with companies who work on Clickadu’ behalf such as payment processors and/or credit agencies solely for the purpose of checking credit and/or effecting payment to Clickadu and serving customers account.
- Clickadu shall not be liable for any use or disclosure of such information by such third Party.
- Advertiser shall be responsible for any pricing, Bid, Ad Unit Values, Bidding Terms, Account configuration or category classifications errors or other errors (“Buyer Errors”) resulting in a completed transaction (Ad Unit served),
and shall be liable for any payments due in connection with the completed transaction.
Advertiser acknowledges that:
- all executed transactions are final;
- notification of Buyer Errors must be reported by the Advertiser within 24 hours;
- Clickadu reserves the right to discontinue Service, withhold payment at any time and terminate present Agreement without liability to Advertiser in case of material breach of this Agreement by the Advertiser or its associates. Parties hereby agree that any form of fraudulent or illegal activity, or any violation of the applicable laws and regulations, or any activity specified in Section 9 of this Agreement shall be deemed a material breach of this Agreement.
- Clickadu shall have the right to adjust your account balance in the case of (i) need of payment of bonuses, (ii) to deduct transaction fees, (iii) due to technical reasons, (iv) due to fraudulent activity, (v) upon additional agreement by the Parties.
- All statistics for the purposes of billing and general delivery reporting are based on Clickadu reporting system.
Clickadu Limited Warranty
- Except for the express warranties set forth above and to the extent permitted by law Clickadu expressly disclaims all other warranties of any kind with respect to the Service, whether express or implied, including without limitation any warranties for merchantability, fitness for a particular purpose, that the Services will be uninterrupted, completely secure and/or free of software errors.
- Clickadu furthermore expressly disclaims any responsibility in relation to (i) any claims made in relation to Ads, campaigns or any Contents or (ii) any claims made in relation to the publication of any such Ads, campaigns or Contents on any websites such as, including but not limited to, streaming sites, File Sharing Sites and sites with adult content.
Advertiser’s Representations and Warranties
Each party will make every effort to uphold the highest ethical and commercial standards. If Clickadu requests that Advertisements should be removed from or not placed in any context that harms the goodwill or reputation of Clickadu, Advertiser will promptly comply with such request.
In case of violation of its obligations under present Agreement by Advertiser, Clickadu reserves the right to stop providing services and withhold Advertisers’ remuneration or account balance or fine.
- Advertiser accepts and acknowledges the full responsibility in the event that the Contents in a Campaign would be deemed invalid or illegal in any applicable jurisdiction.
- Each Party waives its rights against the other in respect of warranties and representations (whether written or oral) not expressly set out or referred to in this Agreement. Nothing in this clause limits or excludes either Party’s liability for fraud.
- Hereby you represent and warrant that you have all necessary rights, permits and licenses to start and manage ad campaigns and for display Advertisement and operate Your websites and business activities in the selected jurisdictions. In case of breach of this obligation, Clickadu may terminate this Agreement at any time without prior notice, withhold any remuneration or account balance and claim for compensation of incurred losses and damages.
- Advertiser undertakes to ensure that its servers support the traffic directed to ad campaign through our service. Anyway, Clickadu takes no responsibility for all the consequences in case your servers cannot support the traffic directed to your website.
- You hereby agree not to use Clickadu’ system interface, available to You in connection with the execution of this Agreement, in any ways, not provided for by this Agreement, including not to distribute or transfer it to any third party.
- Hereby You agree not to grant any third parties the opportunity to place Ads that violate the requirements of the legislation, as well as ethics and morality rules. You shall bear all the expenses and losses incurred from Your illegal use of copyrighted materials (including Ads, trademarks, etc).
- You warrant not to use automated tools, including robots, scripts, or spiders, for generation of the inquiries or gather information from the interface of the Clickadu Network.
- Hereby You warrant that You will not use the Clickadu Network system interface for any purposes that violate any applicable laws or rights of any third parties, including its intellectual property.
- You grant NOT to modify, adapt, translate, disassemble or otherwise attempt to derive the source code of any software, used in Clickadu Network, Services or Program.
- Hereby You represent and warrant to provide Clickadu with all the documentation or its equivalents, needed for identification of the parties, ascertainment of the legal fact and fulfillment of its obligations under this Agreement, within 15 business days from the date of the request. In certain cases, we may withhold all payments until we will receive relevant documentation from you.
- Hereby You irrevocably authorize Clickadu to transfer a request received by Clickadu to provide information for the payment directly to Your financial institution available.
- Each party will make every effort to uphold the highest ethical and commercial standards. If Clickadu requests that Advertisements should be removed from or not placed in any context that harms the goodwill or reputation of Clickadu, Advertiser will promptly comply with such request.
You are expressly prohibited from using any means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with the Services or exceed your permitted access to Clickadu website or Program.
You are prohibited from any practice of disguising (cloaking) an Ads with different content or landing page. Clickadu shall have the right, in proven cloaking attempts, to ban Your Advertiser Account, to withhold account balance and to take all necessary legal actions to restore the damage caused by this violation. In any case, Clickadu shall make all determinations about fraudulent activity in its sole discretion.
Advertiser agrees to indemnify and hold Clickadu, its affiliates, subsidiaries, successors and assigns harmless from any and all claims, actions, judgments or liabilities arising out of or in connection with Advertiser´s Campaign, any breach of this Agreement by Advertiser and/or of any representation, warranty or agreement in this Agreement.
Rejection of Campaign Content
Clickadu has, in its sole discretion and without any liability,
the right to deny any advertising material or Content that includes or based on any inappropriate or illegal content such as, including but not limited to, the following examples:
- illegal activity (i.e. how to build a bomb, hacking, “phreaking”, etc);
- hate-mongering (i.e. racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.);
- violence, obscene or vulgar language and abusive content or content which endorses or threatens physical harm;
- illegal substance;
- drugs or any related paraphernalia;
- adware, malware, viruses, phishing offers;
- creatives should not contain the words like “your software is outdated”, “your device is infected”, “viruses found” etc. No misleading ads, providing false info to the user;
- purchase of weapons/military equipment;
- false or deceptive investment advice, and others;
If Advertiser provides software for a campaign, it shall be free from any spy- or malicious software and comply with the terms and conditions under present Agreement. In confirmation of this fact, the Advertiser can provide duly executed SSL-, or Code sign certificate.
Advertiser will defend, indemnify and hold Clickadu or its affiliates and representatives harmless from any damages, liabilities, costs, and expenses (incl. attorneys’ fees) resulting from any claim, judgment or proceeding brought by a third party.
In a case where advertisements are placed in such locations, Clickadu reserves the right to withhold payment for the entire campaign, withhold account balance and any other remuneration and/or submit an immediate legal action against Advertiser and/or set a financial penalty, based on the damages caused to Clickadu.
In order to be eligible to become an Advertiser of software or other application (API), Your software or application (API) must meet the following criteria:
- not to generate or facilitate unsolicited bulk commercial email;
- not to violate, or encourage the violation of, the legal rights of others;
- not to be used in any unlawful, invasive, infringing, defamatory, or fraudulent purpose;
- not to distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature (i.e. malware);
- it must not to alter, disable, interfere with or circumvent any aspect of the software of third parties or advertisement services particularly.
Advertiser will make all reasonable efforts to prevent unauthorized use of its software or application and to terminate any unauthorized use. Advertiser will promptly notify Clickadu of any unauthorized use of, or access to, the software or application of which it becomes aware.
Advertising software shall be installed only with the consent of the user and shall provide the ability of its removal without special additional programs.
- Advertiser further acknowledges and accepts that Clickadu may stop a Campaign in case Advertiser’s website includes inappropriate content as described in sections 9.1, 9.2 above.
- In order to ensure compliance with this section 9, Advertiser must notify Clickadu in writing of any changes to the content on Advertiser’s website which could be deemed inappropriate content.
- Clickadu has, in its sole discretion and without any liability, the right to deny any advertising material or Content that includes or based on any inappropriate or illegal content such as, including but not limited to, the following examples:
Advertiser hereby agrees not to contact websites in the Clickadu Network in order to purchase advertising space from them or engage in a practice that would be deemed competitive to the efforts of Clickadu in its attempts to represent the website’s advertising spaces. Violation of this clause shall be deemed a material breach of this Contract.
- Each Party (a “Receiving Party”) understands that the other Party (a “Disclosing Party”) may disclose information of a confidential nature including, without limitation, product information, data, pricing, financial information, software, specifications, research and development and proprietary algorithms or other materials that is disclosed in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used (\strong>“Confidential Information”).
- The Receiving Party agrees, for itself and its agents and employees, that it will not publish, disclose or otherwise divulge or use for its own purposes any Confidential Information of the Disclosing Party furnished to it by such Disclosing Party without the prior written approval of the Disclosing Party in each instance. Neither party will make any public announcement regarding the existence or content of the Agreement without the other’s prior written approval.
- The Parties agree that if disclosure is made to their professional advisors, auditors or bankers this shall be done subject to each Party procuring each such recipient’s agreement to keep such information confidential to the same extent as if such recipient were Party to this agreement.
- The foregoing obligations under this section 11 shall not extend to any information to the extent that the Receiving Party can demonstrate that such information (i) was at the time of disclosure or, to the extent that such information thereafter becomes through no fault of the Receiving Party, a part of the public domain by publication or otherwise; (ii) was already properly and lawfully in the Receiving Party’s possession at the time it was received by the Receiving Party free from any obligation of confidentiality, (iii) was or is lawfully received by the Receiving Party from a third Party who was under no obligation of confidentiality to the Disclosing Party with respect thereto, or (iv) is independently developed by the Receiving Party or its independent contractors who did not have access to the Disclosing Party’s Confidential Information or (v) express written consent has been given prior to disclosure.
- In the event that the Receiving Party is required to disclose Confidential Information in accordance with judicial or regulatory or governmental order or requirement, or any tax authority to which that Party is subject or submits, wherever situated, whether or not the requirement for information has the force of law the Receiving Party shall promptly notify the Disclosing Party in order to allow such Party to contest the order or requirement or seek confidential treatment for such information.
- Upon termination or expiration of this Agreement, upon the request of a Disclosing Party, the Receiving Party agrees to return to the other all of such other Party’s Confidential Information, or to certify to the Disclosing Party in writing that all such material has been destroyed, however, destruction is only permitted after Disclosing Party’s prior approval.
- Either party may cancel the ads campaign and terminate present Agreement with 48 hours’ written notice to the other party.
Clickadu shall be entitled, with immediate effect, to stop Advertiser’s Campaign or to prematurely terminate this Agreement in writing where: (a) Advertiser uses the Service or Program in a manner that entails the perpetration of a crime; (b) Advertiser uses the Service or Program in a manner that occasions losses or the risk of loss for Clickadu or any third Party; (c) it may be reasonably assumed that Campaign violates governing law; (d) notwithstanding reminders, Advertiser fails to pay agreed fees or any other remuneration to Clickadu within a stated time; (e) Advertiser otherwise fails to comply with this Agreement and such breach of contract is material; or (f) Advertiser is placed into insolvent liquidation or is otherwise insolvent.
In this case, Clickadu shall have the right to block your account immediately and to withhold the remaining funds at your account as a fine.
This Agreement will be blocked when the Advertiser’s Account has not been in use for more than three (3) months.
You will receive a notification informing you that your account is blocked because of “Inactive account status”. After deactivation, you will have 90 calendar days to restore your account. To do so, you have to create an objection ticket via Support System. If your account is not reactivated within 90 calendar days it will be deleted without an option to restore it.
If your account balance is 0 EUR/USD, the system will automatically block your account, if otherwise do not agree with the parties. If your account balance is above 0 EUR/USD, the remaining funds will become non-refundable within three (3) months starting from the last campaign which gained ‘inactive’ status. In case of absence of applications for account reactivation during the stated period your account will be deleted, the remaining funds will be fully deducted from your account.
- You acknowledge and agree that in case of Your account been deleted for any reason it doesn’t mean that user data would be erased too.
Hereby we grant you a non-exclusive, non-transferable, revocable right to use Clickadu Service and access our Program solely in accordance with the terms of this Agreement.
You may not alter, modify, manipulate or create derivative works of Clickadu or any our graphics, creative, copy or other materials owned by, or licensed to Clickadu in any way. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Clickadu’ trademarks, service marks, copyrights, patents or trade secrets. You agree that we may use any suggestion, comment or recommendation you choose to provide to Clickadu without compensation. All rights not expressly granted in this Agreement are reserved by Clickadu.
Entire Agreement and Variation
- Clickadu reserves the right to amend the terms and conditions of this Agreement at any time unilaterally. The Advertiser shall be informed of such amendments by e-mail or through the information being made available on Clickadu website. The Advertiser shall be deemed to have received such notice within two (2) weeks of the notice being sent by e-mail or made available on Clickadu website. Where the Advertiser does not accept the amendment, the Advertiser shall be entitled, within thirty (30) calendar days from the date of dispatch of the e-mail or, where appropriate, thirty (30) calendar days from the amendment being published on the website, provided that the changes have an adverse effect, that could not be considered as minor, on the Advertiser, to terminate the Agreement with immediate effect. Where the Agreement is not terminated by the Advertiser within the aforementioned time, the Advertiser shall be deemed to have accepted the new terms and conditions.
Assignment, Governing Law and Jurisdiction
- Clickadu may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of Clickadu, which shall not be unreasonably withheld.
- This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Czech Republic.
- Each party irrevocably agrees, for the sole benefit of Clickadu that, subject as provided below, the courts of Czech Republic shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Nothing in this clause shall limit the right of Clickadu to take proceedings against Advertiser in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
Limitation of Liability; Disclaimer of Warranty.
IN NO EVENT SHALL CLICKADU BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR MEDIA, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF CLICKADU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION, CONTENT, AND SERVICES AT THE PROGRAM OR IN-SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. YOU USE THE SERVICE AND RUN-PROGRAM AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLICKADU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF PROGRAM, THE INFORMATION, SERVICES, AND CONTENT INCLUDED AT THE PROGRAM OR IN SERVICE AND PROVIDED BY CLICKADU, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLICKADU DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON ITS WEBSITE OR PROVIDED BY CLICKADU IS ACCURATE, COMPLETE OR CURRENT.
- Refund could be applied only upon written request containing reasons for your refund to firstname.lastname@example.org or via tickets https://support.clickadu.com/ in case if Ad campaign cannot be launched due to reasons included but not limited to noncompliance of the advertising materials with the requirements of current legislation, unacceptable quality and/or content of the creative, other reasons deemed applicable by Clickadu’ officer.
- Refund will be made in the amount of unused funds. The amount must be calculated based on Clickadu’ reporting system.
- A refund shall be applied only to the actual payments made by the Advertiser to Clickadu. All funds credited to the account of the Advertiser within the frame of participation in bonus programs or similar actions of Clickadu are non-refundable in any case and subject to the terms and conditions of such programs.
- A refund request will be considered legitimate ONLY if it has been sent from the email used for Advertiser’s Account registration.
- An advertiser has six (6) months from the last payment date to ask for a refund of the balance remaining on the Advertiser Account if You have remained in compliance with this Agreement. After Advertiser makes a second deposit at Advertiser Account (itself or via manager), a refund will only be issued for a balance of more than $100 US Dollars and a processing fee of 10% will be deducted from such refund
- The refund may be credited back to the same payment method and same account that was used to make the payment.
- The refund request will be processed within 5 business days from the date the request was received.
- Refund is not acceptable in case the Advertiser breaches terms and conditions of present Agreement or other terms agreed by the parties.
- The force majeure events are understood as events which occur after the Effective Date, regardless of the will of the Parties, and which could not be foreseen and prevented by any reasonable actions of the Parties. The influence of these events may postpone the performance of all or several parts of present Agreement or other terms and conditions agreed by the Parties.
- The circumstances of force majeure include such events as war, mobilization, epidemic, fire, natural disasters, traffic accidents and changes in legislation if such events meet the criteria of the paragraph 18.1 of this Agreement. The list above is not exhaustive.
- If a provision of Services been postponed due to the force majeure, the Party affected by force majeure shall notify the other Party in writing about the day of the force majeure commencement within 5 calendar days. With the cessation of force majeure and the restoration of normal conditions, the Party which was affected by force majeure shall notify the other Party in writing within 3 calendar days.
- If a Party fails to comply with the requirements specified in the paragraph 18.3., i.e., it will not notify the other Party of the commencement and termination of the force majeure, it loses the right to rely on such force major action.
- Present Agreement is the principal document in the legal relationship of the Parties and shall be deemed an entire agreement between the Parties. In case of contradictions in using Service or Program, present Agreement shall prevail in any case.
- The relationship between the Parties. The relationship between the Parties will be that of independent contractors and nothing in this Agreement is intended to nor will establish any relationship of partnership, joint venture, employment, franchise, agency or other forms of legal association between the Parties. Neither Party will have, nor represent to any third party that it does have, any power or authority to bind the other Party or incur any obligations on the other Party’s behalf.
- Waiver clause. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant or representation contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant or representation.
- Survival of Representations and Warranties. The representations and warranties of Advertiser set forth in this Agreement (in particular, Article 10-11) hereof shall survive closing for a period of
one (1) year from the termination date (the “Survival Period”).
No claim for a breach of any representation or warranty by ClickaduAds shall be actionable or payable if the breach in question results from or is based on a condition, state of facts or other matter which was disclosed to Advertiser and/or actually known by Advertiser prior to termination.
- All claims related to the use of the Service or Program shall be submitted by the Advertiser within 30 days from the end of the Reporting Period only. In the case of missing the specified term, Clickadu reserves the right not to process the complaint, and all the services shall be deemed rendered properly and subject to payment.
- Headings. Headings to sections and subsections in this Agreement are for the convenience of the Parties only and are not intended to be a part of or affect the meaning or interpretation hereof.
This agreement was last updated on 24.05.2018