Service Provision Agreement
The sale of content using this website can only take place if you accept the terms and conditions set forth in the Agreement below. The checking the “I Agree” button represents the acknowledgement of the present contractual terms and conditions and the explicit acceptance thereof.
1. Contracting Parties
1.1. S.C. BITSoftware S.R.L., having its headquarters in Braşov, str. Hermann Oberth nr. 8, registered in the Companies’ Register under no. J08/3704/1993, Sole Identification Code RO5037256, administrator of the website available at Paydemic.com, hereinafter referred to as Paydemic.com. Contact e-mail address: email@example.com
1.2. You, as a Paydemic.com platform Beneficiary and the holder of the copyrights over the works made available for sale on the Paydemic.com website, with the contact data made available by you at Paydemic.com, hereinafter referred to as the Beneficiary.
2. Object of the Agreement
2.1. The object of the agreement is the intermediation of the sale of Beneficiary’s works on the Paydemic.com platform, to the Paydemic.com customers, according to the terms and conditions set forth below.
2.2. For the purpose set forth in article 2.1., the Beneficiary grants Paydemic.com an onerous, non-exclusive and unlimited in time and space license regarding the patrimonial rights over the works uploaded or indicated by the Beneficiary in their Paydemic.com account. The remuneration of the license is set forth in article 4. The license is limited to the following purposes:
Paydemic.com may use the works only for hosting, presentation and promotion purposes on the Paydemic.com platform, or for platform promotion purposes.
Paydemic.com may sell the works indicated by the Beneficiary to the Paydemic.com customers, under the conditions set forth in articles 4 and 5. For this purpose, the Beneficiary hereby provides their express consent for the sub-licensing of their works under the conditions and according to the limits set forth in article 5.
3. Duration of the Agreement
3.1. The present Agreement is concluded for an undetermined period of time, as of its signature, the obligations of the parties hereunder entering into force as of that respective date.
4. Remuneration for the license and payment method
4.1. In his Paydemic.com account, the Beneficiary shall set the desired price for every work to be sold on Paydemic.com. If the Beneficiary wishes to offer their works in a gratuitous manner, they shall enter a voucher code on the Paydemic platform, or shall set the item price to 0. The prices set by the Beneficiary include VAT, according to the legislation in force.
4.2. For each of Beneficiary’s works in their Paydemic.com account, they shall receive the price they have set for the license set forth in article 2.2, which shall be multiplied by the number of Paydemic customers who have purchased that respective work. In the case where no customer purchases that respective work, the remuneration for that work’s license is of lei 0.
4.3. The maximum price for which Paydemic.com may sell each work to the Paydemic customers is the price indicated by the Beneficiary, plus the commission, according to the price list available at: https://paydemic.com/pricing.html
4.4. The Beneficiary may request the performance of payment between the 1st and 10th of each month, for the amount accumulated in the previous month, if the following conditions are accomplished in a cumulative manner:
- The balance exceeds RON 100
- The Beneficiary uploads to their Paydemic account a valid invoice for that respective amount.
4.5. Paydemic shall pay all the invoices uploaded in the system between the 15th and 25th of each month, for a cumulated balance exceeding lei 100.
4.6. In the case where the Beneficiary is not a legal entity, the payment and tax details shall be regulated by an Addendum hereto.
5. Licenses granted by Paydemic.com to customers
From the sale of the works by Paydemic.com to customers is understood:
The granting to the Customer of a onerous, non-exclusive and unlimited in time and space, personal and non-commercial license, for the right to download a digital copy of the work, in th4e case of content uploaded on the Paydemic.com platform. The license shall only apply for the use of this work in a non-commercial manner and is not transferable to third parties.
The granting to the Customer of a onerous, non-exclusive and unlimited in time and space, personal and non-commercial license, for the right to access over the Internet the respective work or works, in the case of content indicated on the Paydemic platform.
This license only applies for the use of this work in a personal and non-commercial manner and it is not transferable to third parties.
6. Obligations of the Parties
6.1. Obligations of the Beneficiary
6.1.1. Guarantees the information the Beneficiary is providing to Paydemic.com and is the sole responsible regarding the presentation of information in a correct and complete manner, as well as regarding the maintenance of the accuracy of the information during its publishing on Paydemic.com.
6.1.2. Guarantees that they are the holder of the copyrights over all the works sold by Paydemic.com or that they hold the right to license these rights, according to article 2.2 and understands to exonerate Paydemic.com from any liability on these issues.
6.1.3. Undertakes to answer in 24 hours to any electronic message sent by Paydemic.com, in the case when the latter has received a claim regarding the intellectual property rights over the materials used or uploaded by the Beneficiary.
6.1.4. The Beneficiary shall be solely liable for the entire content in their account or for any infringement of the law or of the rights of third persons caused by their actions.
6.1.5. The Beneficiary shall be liable for the price set according to article 4.1., including any material error in its indication or the erroneous usage of the voucher or of the lei 0 price.
6.1.6. The Beneficiary shall be liable for the conformity of their products and services, as well as regarding their description to Paydemic.com and their Customers.
6.1.7 The Beneficiary is obliged to expressly mention:
- Where the case, the functionality, including the application of certain technical measures to protect the digital content;
- Where the case, any relevant interoperability of the digital content with the hardware and software components of which the Beneficiary is aware or it is reasonably expected to be;
- If there are any territorial delivery limitations for the Beneficiary’s products or services.
6.2 Paydemic.com’s obligations
6.2.1. Paydemic.com ensures access to the technical platform necessary for the administration and management of the works available for sale by authentication and identification of paying customers, who have the right to download and/or access the works identified by the Beneficiary, as well as the proper redirecting of paying customers to the works they have paid for.
6.2.2. Acts as a host for the content the Beneficiary has added, under the conditions set forth by Law 365/2002 regarding e-commerce, for the management and sale of Beneficiary’s works on the Paydemic.com platform.
6.2.3. Paydemic.com does not monitor and does not have any editorial control over any of the works uploaded by the Beneficiary.
6.2.4. Paydemic.com pays the remuneration calculated under the conditions set forth in article 4.
6.2.5. Paydemic.com shall not be liable in any way for the loss of the access passwords to the Beneficiary’s account or for activities which may compromise the Beneficiary’s account. In the case where Paydemic.com receives a notification regarding the existence of services of apparently illegal nature performed by the customers, it shall reserve the right to suspend the Beneficiary account or to block access thereto after which it has previously requested a justification from the Beneficiary concerning those; the Beneficiary must formulate their exculpation within a maximum delay of 48 hours.
6.2.6. Paydemic.com ensures the confidentiality of personal data of users purchasing the Beneficiary’s products and services and shall not use them with the purpose of sending commercial messages to third parties.
7. Guarantees and liability exemption
7.1. When uploading their works, the Beneficiary agrees that they are solely liable and that they shall indemnify Paydemic.com for any damage, costs or profit limitation which may occur as a result of any fraudulent action of the Beneficiary. According to the present document, the Beneficiary understands and accepts the fact that our company shall forward the Beneficiary’s data to the investigation bodies, in the case where a criminal investigation is started or a legal lawsuit is initiated.
7.2. Paydemic.com does not provide any express or implicit guarantees in what the contents, the software or the products and services published under their auspices are concerned. Paydemic.com shall not be in any way liable, for any damage, caused either directly or indirectly, for any direct or indirect loss of profit (including, but without limitation, to this enumeration: damages for loss of profit, cessation of businesses or any other pecuniary damages), suffered as a result of the usage or of the cessation of usage or of the lack of site-provided information and services’ regularity.
7.3. The Beneficiary agrees to exonerate Paydemic.com from liability for any legal or paralegal actions and to cover the legal and any other expenses which may occur as a result of the infringement of the present Agreement’s clauses by the Beneficiary.
7.4. Paydemic.com does not guarantee a minimum number of customers for the content made available by the Beneficiary.
7.5. Paydemic.com has a diligence obligation regarding paid access to the Beneficiary content and does not guarantee that the technical solution may work in this sense in 100% of the cases.
8. Service’s availability
8.1. Paydemic.com makes all the efforts to provide permanent access to the Paydemic services, but can only guarantee the availability of the service up to 99%. The availability period does not include the previously notified maintenance periods. As such, taking into account the dependence of the services provided by Internet access, the possible technical and system limitations which may occur, Paydemic.com undertakes a diligence obligation in what the availability of the services, according to the aforementioned percentage, is concerned.
9. Registration, passwords and liabilities
9.1. We recommend you not to disclose your passwords to anyone.
9.2. Any unauthorized access to the non-public elements of the Paydemic.com website or the access of individuals, others than those unauthorized, to an account hosted by us, represents the offence of unauthorized access to an IT system and shall be punished according to the Romanian legislation in force.
9.3. Paydemic.com shall not be liable for unauthorized access to the Beneficiary’s Premium content, in the conditions where the Beneficiary did not observe the Paydemic.com’s guidelines and documentation.
10. Personal Character Data Protection
According to the Romanian legislation in force regarding the personal character data protection, Paydemic.com shall process the customers’ personal data in its own name. In the situations where the customers shall consent, these data shall be shared with the Beneficiary for the purposes stated by them.
11. Termination of the Agreement
11.1. The present Agreement terminates in the following cases:
a) the parties mutually agree to the termination of the Agreement;
b) unilateral decision of one of the parties regarding the termination of the agreement, sent in writing to the other parties at least 45 calendar days prior to the actual termination date. This article cannot be invoked in the case of content access subscriptions, before the expiry of all the subscriptions sold by Paydemic;
c) in case of dissolution, liquidation, bankruptcy, withdrawal of one of the contracting Parties’ functioning permit, case where the Parties shall be held to fulfill the debts each one has against the other, debts created until the disappearance cause has occurred.
12. Force majeure
Paydemic.com cannot be held liable for any delay or error in the content provided on the site, a direct or indirect consequence of a situation outside Paydemic.com’s will. This exoneration includes, but is not limited to: Paydemic.com’s technical equipment malfunctions, lack of functionality of the Internet connection, lack of functionality of phone lines, computer viruses, unauthorized access to Paydemic.com systems, operation errors, strike, etc.
13. Governing law
13.1. The rights and obligations of the parties set forth hereunder, as well as all the legal effects it produces shall be construed and governed by the Romanian law in force.
13.2. Any litigation regarding this Agreement shall be settled in an amicable manner, and in the case where the amicable settlement is not possible, it shall be deferred to be settled by an arbitrator. In the situations where the parties do not agree regarding the appointment of an arbitrator within 15 days as of the notification of the litigation, the competence shall lay with the Romanian courts in the vicinity of Paydemic.com’s headquarters.
13.3. The present Agreement shall only be concluded in Romanian language.
14. Final clauses
14.1. The present Agreement can only be modified by agreement of the Parties by the conclusion of an Addendum hereto.
14.2. The present Agreement is available at: https://paydemic.com/publisher_contract.html