Provision of Internet Services Contract
In Rhodes today the………./……../……..between the following parties:
On the one hand:
1. The Private Capital Company bearing the title "CREATIVE INFORMATION APPLICATIONS PC’ and the Company Name "CREATIVE INFORMATION APPLICATIONS", based in Rhodes, at 28B DIMITRIOU ANASTASIADI Str., Postal Code 85133 (Tax Identification Number 80181756, Tax Office of Rhodes - registered in the General Electronic Commercial Registry (G.E.MI.) with registration number No. 163911320000)
And on the other hand:
…………………………..based at…………….............street, Postal Code……………with Tax Identification Number of the Tax Office of Rhodes……………as legally represented for signing the present Agreement by………………………………….agree, and co-accept the present Agreement.
Preamble
The following definitions apply to this contract:
"Provider Company" the Private Capital Company with the name "CREATIVE INFORMATION APPLICATIONS PC" and the Company Name "CREATIVE INFORMATION APPLICATIONS", based in Rhodes, at 28B DIMITRIOU ANASTASIADI Street, Postal Code 85133 (Tax Identification Number 80181756, Tax Office of Rhodes – also registered in the General Electronic Commercial Registry (G.E.MI.) with registration number 163911320000 ).
"Recipient" is the counterparty herein.
"Website" is the website maintained by the Provider Company at the website Rodosisland.com
"User" is any person who visits the Website and places orders through it.
"Commission" is the percentage of commission on the final sale value including the corresponding VAT.
"Products / Services" are the objects or services available for sale by the Recipient through the Website.
"Shopping Cart" is the total of products / services selected for purchase by the User.
1. Article 1
1.1 The Provider Company is the exclusive legal owner of the internet address (domain name) under Rodosisland.com data, from which operates its web page (web site) on the internet, through which the possibility is provided to the users - members or visitors for Products / Services that are exhibited for sale through the internet-operating websites of electronic and non-electronic stores (agencies, accommodation, commercial stores, etc.), through the classification and presentation of these products / services by category, in terms of price and point of sale. It is clearly mentioned that the provider company does not provide travel agency, transportation, hotel services or product trading services.
1.2. The Provider Company mediates between the Recipient and the User. For this reason, in the event of any dispute arising between the Recipient and the User, the Recipient makes no liability and releases the Provider Company from any and any kind of liability, burden, damage, claim, cost, expenses, including court costs and / or costs that arise and / or is related and / or directly or indirectly related to the Products / Services and / or to the successful outcome and outcome of the Company's mission, i.e. the mediation between the Recipient and the User to draw up the contract of sale.
1.3. The Provider Company makes available to the Recipient an electronic Information System (hereinafter referred to as "CREATIVE APP Merchants System"). In the event of any change in either (a) key details of the Recipient, in particular the tax details of his address, telephone number, e-mail address, e-mail address or (b) elements which may affect the financial User behaviour, the Recipient is obliged to connect to the CREATIVE APP Merchants System and to make the required corrections on the special website of the Provider Company that displays the above information. The Recipient undertakes to monitor through the CREATIVE APP Merchants System all the orders it receives on a daily basis, to accept or reject them and to take any required actions as described above. In the event that the Recipient is unable, for any reason, to make the necessary data corrections through the CREATIVE APP Merchants System, it must immediately notify the Provider Company, while providing it with the necessary information in order for the Provider Company to make the necessary changes. In order to avoid misleading the consumer public, the Recipient must connect to the CREATIVE APP Merchants System or notify the Provider Company in order to make the above changes, as soon as possible and in any case within 24 hours from the notification of the news. Elements which he has to correct as above.
1.4. The Recipient reserves the right to indicate possible errors in the promotion of its products / services, through a request for correction (via email) in the CREATIVE APP Merchants System. The Provider Company, after the registration of the correction request and after checking the correctness of the notification, will make the requested corrections within a reasonable period of time while informing the Recipient about their completion. If the Recipient's correction request is deemed inconsistent with the Provider Company's procedures, the request will be rejected and the Recipient will be informed of the reasons for its rejection.
2. Article 2
2.1. The service provided by the Provider Company, as it is specified in these Terms, is agreed to be of indefinite duration.
2.2. The Recipient expressly declares and accepts that it will not assign or transfer for any reason or cause, in whole or in part, its contractual obligations to any third natural or legal person without the prior written consent of the Provider Company
3. The Provider Company may terminate this contract at any time by written notice notified to the Recipient by any appropriate means. The Recipient may terminate this contract at any time by written notice notified to the Provider Company. The results of the termination come from the day after the notification of the termination to the Provider Company and under the condition that the Recipient has fulfilled all its contractual obligations until the termination.
3. Article 3
3.1. The Provider Company selects, at its absolute and uncontrolled judgment, the categories and the Products / Services for which it will provide its services for the processing of electronic orders. The Recipient consents and approves the promotion and sale for sale of all or part of the products / services provided or sold by its store and are displayed on the Website.
3.2. The Recipient must keep the Provider Company informed of the availability of the products / services displayed on the Website. The Provider Company is not responsible for any differences in the content due to the inability to update the content due to the fault of the Recipient.
3.3. The Provider Company undertakes the receipt of an order from the User for Products / Services of the Recipient that appear on the Website, the receipt of the payment for the payment of the order, the payment of the price, and the forwarding of the order to the Recipient. The Recipient informs the Provider Company of the acceptance of the order within a time limit that is notified upon receipt of the order. In case of non-acceptance or after the expiration of the time limit according to the above, the order is considered cancelled.
3.4. The Recipient must issue a relevant sales tax document for each order, which either includes it in each package or sends it electronically, at the latest until the order is sent, to the User through the Provider Company.
3.5. If the Recipient does not execute an order that has been accepted within the time period specified by the Recipient upon its acceptance, the order is considered canceled.
3.6. The Provider Company is entitled to redirecting the canceled orders to a third Recipient, at its absolute discretion.
3.7. The Provider Company records, in a special file in computer systems, all sales made in the Products / Services of the Recipient. The log book shows the day and time of the sale, the quantity of products / services sold, and the price of each product or service sold. The fee of the Provider Company is equal to the product of the price of each unit of product or service sold on the agreed supply (including any taxes and fees) without the addition of shipping costs or any other costs of the order.
4. Article 4
4.1. The Provider Company pays to the Recipient, on the last day of each month (excluding bank holidays where it is postponed to the next business day or force majeure situations) from the completion of each order, its fee for all orders delivered to the user and have repaid by debit or credit or prepaid card.
4.2. In case of payment upon delivery of the order (cash on delivery), the Provider Company pays to the Recipient his fee for all orders delivered to the user, at the end of each working week, ie within a period which can not be less than two (2) working days, excluding bank holidays or situations of force majeure, from the payment to the Provider Company of the price of the orders by the transport company.
4.3. The amount paid is formed by the final price of each product or service including the corresponding VAT, without calculating any other charge, deducting the commission of the Provider Company. The fee for sub-orders that are subsets of the main order is paid to the Recipient after the payment of all the sub-orders of the main order.
4.4. The agreed commission for the provision of services by the Provider Company is calculated as the sum of the processing costs and the sale commission per order, as defined in the price list of services. The sales commission is a percentage that depends on the product / service category of the order and is calculated per order and per product. The agreed commission per product / service category is agreed at 15%.
4.5. On the agreed commission for the provision of services by the Company, as defined above under 4.2, a 0% discount will be applied following a special agreement. For the purpose of calculating and applying the above discount, the Recipient's business means all stores operating under the same VAT number. The Recipient acknowledges and accepts that the Provider Company may unilaterally remove or modify the terms and conditions of the above discount and that the discount described in this article may not be combined with any other offers or discounts that may be provided by the Provider Company.
4.6. In order to make the payments to the Recipient, they must have been notified to the Provider Company through the CREATIVE APP Merchants System, within the framework of due diligence, documents for the certification and verification of the Recipient's identity, as defined by the current legislation and decisions of the Bank of Greece. The Provider Company reserves the right to temporarily suspend the provision of the service if the Recipient has not made the notification of the documents.
4.7. For the provision of the Service as described herein, the Provider Company issues a relevant tax document. All payments from the Provider Company to the Recipient mentioned herein are made through a Banking Institution or Payment Institution with which the Provider Company cooperates.
4.8. If the Recipient maintains a bank account in a banking institution other than a) Alpha Bank A.E., b) National Bank of Greece SA, c) Eurobank SA. and d) Piraeus Bank SA, the payments mentioned herein will take place whenever the Recipient's debit balance exceeds the amount of fifty (50) Euros.
5. Article 5
5.1. The Recipient acknowledges and accepts that during the provision to him of the aforementioned service he is obliged to abstain:
5.1.1. From any act or omission capable of leading to misleading the User, regarding the characteristics of the products / services he promotes, their availability, and the offered sale price. Indicatively, it is prohibited for the Recipient to send to the Provider Company for promotion through the Website, information for Products / Services that are not active for sale.
5.1.2. By providing information in such content and form that a risk of misleading the User in the sense of influencing his/her financial behavior may be caused.
5.1.3. From the application of practices capable of causing conditions of unfair competition in the commercial activity of the other users of the service provided by the Provider Company.
From the execution of actions that will generally result in the cause of damage or malfunction in the network (e.g. mass sending of messages, harassment, etc.) as well as from the collection and collection of personal data concerning the users or members of the Website in violation of current personal data protection legislation.
5.1.4. From any act or omission that is prohibited by the current legislation, and indicatively by law 2251/1994 on consumer protection, the P.D. 131/2003 and current legislation on e-commerce and trademarks.
5.2. In the event that the Provider Company becomes aware of the violation of any of the above terms, it is agreed that the Provider Company is entitled to immediately terminate the service provided to the Recipient with written notice to him, notified in any appropriate manner, temporarily with a minimum interruption period of 24 hours and until its compliance with the terms hereof without prejudice to the final and at no cost to the Provider Company its removal from the list of featured, through the Website, products / services and companies in case of non-compliance with its terms present and / or their repeated violation.
6. Article 6
6.1. The Recipient unreservedly accepts that the Website may display negative and / or positive reviews for Products / Services displayed on the Website, by any third party trading with it and a registered user - member of the Provider company.
6.2. Any negative reviews will be displayed through the Website, provided that the Recipient has become aware of their content 10 days before their display. The Recipient may respond to the negative evaluations, so that any comments on them are displayed on the Website.
6.3. In the event that the Provider Company repeatedly receives negative evaluations for the Recipient regarding the availability of the products / services, the compatibility of the prices or any repeated failure regarding the validity of the information provided by the Recipient and displayed on the Website, the parties acknowledge and accept the right of the Provider Company to terminate this contract without compensation and unilaterally, denying to the Recipient the agreement agreed with this service and further removing it from the list of stores displayed through the Website.
6.4. The Recipient is obliged to refrain from any act or omission that may manipulate the ratings published on the Website - indicating the direct communication of the Recipient with the User who submits the rating and the provision of incentives for writing reviews - in particular to refrain from publishing ratings from computers within his physical store as well as not allowing the publication of ratings by his employees or associates. Violation of the obligations of this paragraph entitles the Provider Company to proceed with the temporary termination of the service provided to the Recipient or to terminate this contract without compensation and unilaterally.
It is expressly agreed that the publication of any negative and / or positive evaluations and any answers - remarks of the Recipient of the Service on them is potential and is at the sole discretion of the Provider Company, which reserves the right to delete at its sole discretion the evaluations. Published within a specific time period or by a specific user.
7. Article 7
7.1. In case of malfunction or temporary non-operation of the systems and the network of the Provider Company, it is expressly agreed that the Provider Company will not bear any responsibility for the restoration of any positive or negative damage suffered by the Recipient for this reason. If the above interruption or malfunction of the service provided lasts for a period longer than three (3) months, then the Recipient is entitled, if he so wishes, to request the interruption of the service provided to him.
7.2. In the event that the operation of the Provider Company's network malfunctions that will result in the incorrect display of the Recipient's information on the Website, it is agreed that the Provider Company is entitled, in order to avoid the risk of misleading its users, to notify the Recipient in writing and at the same time to temporarily suspend the service provided to him, until the time of repair of the fault. In this case, the Provider Company bears no responsibility for the restoration of any positive or negative damage to the Recipient, for the entire period of time that the service is not provided.
8. Article 8
8.1. Any provision of the present contract is deemed contrary to the law or annulled, automatically ceases to be valid, without in any case affecting the validity of the other provisions.
8.2. Any modification of these terms will take effect after it is posted on this website.
8.3. In the event of any dispute arising out of the content, performance or interpretation of this Agreement, the obligations and rights of the Contracting Parties arising out of it and any other related matter, the Parties agree, agree, and accept that they will seek the out-of-court settlement of this dispute through a procedure and the institution of mediation of the Greek Law 4640/2019 (on the regulation of the institution of mediation in civil and commercial cases, as well as the further harmonization of Greek Legislation with the provisions of the Directive 2008/52 / EC of the European Parliament and of the Council of 21 May 2008 on mediation in civil and commercial matters as well as in cases of cross-border disputes), in accordance with its provisions and its implementing legislation or subsequent law on mediation. The selection of the Ombudsman will be made by the parties among the Accredited Ombudsmen included in the relevant register of par. 2 of article 203, kept by the Central Mediation Committee of the Ministry of Justice, Transparency and Human Rights and published on the website of the above Ministry. This clause, for its application in case of a dispute, presupposes the written confirmation of the will of the parties to subject their dispute to mediation with a relevant affiliation agreement, unless the dispute is required to be included in the mediation process by law.
8.4. Furthermore, any dispute is currently subject to the exclusive jurisdiction of the Courts of Rhodes and the applicable law is the law of the Hellenic Republic.
8.5. This constitutes the entire agreement of the parties and supersedes any oral or written agreement between them. Any modification of these terms will take effect after it is posted on this website
Annex I
PROCESSING OF USERS CREATIVE APP MARKETPLACE PERSONAL DATA
1. INTRODUCTION
In addition to what has been agreed upon between the Provider Company and the Recipient (hereinafter the "Parties") in this Internet Service Agreement, regarding the provision of the CREATIVE APP MARKETPLACE Service (hereinafter the "Cooperation Agreement"), this Annex is added, in the context of compliance with the obligations set by the legislation on personal data protection.
DEFINITIONS
2.1. For the purposes of this Annex, the terms Personal Data, Data Subject, Data Processor, Executor, Processing, Supervisory Authority, Third Parties and Recipients shall be construed in accordance with European (Regulation 2016/679 et seq.) national (L.4624 / 2019 and L. 2472/1997) legislation for the protection of natural persons from the processing of their personal data.
2.2. The definitions set out in the Preamble to the Cooperation Agreement also apply to this Annex.
3. WATCHES OF THE PARTIES
3.1. With regard to the processing of User data, the Parties acknowledge that the Provider Company acts as the Responsible Processor and the Recipient acts as the Executor of the Provider Company, in relation to the placement, general service, support, delivery and return of electronic orders processed. Directly through the Website. The details concerning these Edits are shown in Table A hereof.
3.2. The provisions hereof shall prevail over any other contrary contractual or non-contractual provision already agreed between the Parties, in relation to the Processing of Personal Data, in the context of the activities of the Cooperation Internet Contract.
4. COOPERATION FRAMEWORK
4.1. The Controller hereby undertakes the processing of personal data, on behalf of and in accordance with the recorded instructions of the Controller.
4.2. The assistance of the Executor of the Processing in the operation of the CREATIVE APP Service CREATIVE APP MARKETPLACE, requires the collection, use and further processing of personal data on behalf of the Controller. The processing activities are described in Table A hereof.
4.3. For the execution of the Processing Tasks, the Executor of the Processing will process personal data of the persons to whom they relate. Table A herein lists the categories of persons to whom the data being processed relate, as well as the type of data which is being processed and to which the Executor is processing. The personal data will be processed exclusively for the purposes also listed in Table A hereof.
4.4. In the event that the Controller wishes to assign a new processing to the Processing Executor, this will remain in full force and Table A will be updated again.
4.5. Notwithstanding the obligation of the Processing Executor to comply with the requirements of the GDPR and to protect the rights of the Subject Data, the Controller acknowledges that he remains directly responsible for his compliance with the legislation on the Protection of Personal Data and the Protection of Personal Data.
Processing will take place exclusively within the European Union. In the event of subcontracting by the Processing Contractor involving the transfer of Personal Data outside the European Union, the Processing Contractor undertakes to ensure an adequate level of protection of this data, in order to ensure compliance with its provisions.
5. PROCESSING IN ACCORDANCE WITH THE INSTRUCTIONS
5.1. The Executor undertakes to process the personal data only after written instructions from the Controller, including here and only for the purposes of providing services that have been agreed or specifically specified in these instructions.
5.2. The Executor undertakes the obligation to immediately inform the Controller, if in his opinion, any directive violates the legislation for the Protection of Personal Data or other applicable legislation.
5.3. The Recipient expressly acknowledges that, in any case it processes the Personal Data, in a way or for purposes that go beyond the provisions of this or the specific written instructions of the Provider Company, the Recipient will act as solely responsible for the processing and not as perform the processing and therefore, no further responsibility for this unauthorized processing will be borne by the Provider Company.
6. TECHNICAL AND ORGANIZATIONAL MEASURES
6.1. The Controller undertakes to adopt and implement the appropriate technical and organizational measures to ensure a level of protection commensurate with the risks posed by the Processing as well as the ongoing confidentiality, integrity, availability, and durability of the Processing systems and services. Involved in the processing. The said measures should protect Personal Data against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disposal or access and against any other unlawful form of Processing.
6.2. The Executor undertakes the obligation to comply with the legislation for the Protection of Personal Data, through the implementation of clear and strict procedures and policies.
7. ACCESS TO INFORMATION SYSTEMS
7.1. In the event that the Processing Executor is granted, in accordance with the Cooperation Agreement, access to the Information Systems of the Processing Manager (including the electronic ordering platform, as well as other networks, servers, dialogue systems, databases, etc.) undertakes the obligation to use these resources with the utmost care and only in strict compliance with any standard operating procedures that may be indicated by the Controller.
7.2. The Executor undertakes, in particular, the obligation to ensure that permitted access to the Personal Data through the above information systems is granted only to his staff members who really need to have access to them and only in relation to the object and purposes of the Cooperation Agreement, but also to all those who specialize in the present or in any more specific instructions of the Controller.
8. INFORMATION, NOTIFICATION AND SUBSCRIPTION
9.
9.1. The Executor undertakes the obligation to immediately and in all cases inform the Controller within forty-eight (48) hours should he/she notice a security incident related to Personal Data.
9.2. In addition, the Executor undertakes the obligation to inform the Controller, in case of exercise by a Data Subject request, regarding the obligations of the Controller, in accordance with the legislation for Personal Data Protection within five (5) working days from the receipt of the relevant request.
9.3. The Executor undertakes the obligation to provide assistance to the Controller, through appropriate technical and organizational measures, in order to ensure the latter's compliance with the obligations of the legislation for the Protection of Personal Data, such as assisting with:
9.3.1. The security of the Processing, in accordance with Article 32 GDPR,
9.3.2. The notification of a Personal Data Violation Case to the Supervisory Authority, in accordance with Article 33 GDPR and the updating of the Underlying Data regarding a Personal Data Violation Case, in accordance with Article 34 GDPR.
9.3.3. The conduct of an Impact Assessment Study for the Protection of Personal Data, in accordance with Article 35 of the GDPR, regarding the foreseen Processing and
9.3.4. The possible consultation with the Supervisory Authority regarding such Impact Assessment Study, in accordance with Article 36 GDPR, as well as the implementation of risk mitigation measures for personal data, jointly with the Processor.
10. ACCESS AND NOTIFICATION
10.1. The Executor undertakes to ensure that access to the Personal Data is granted only to the personnel who must necessarily have access, in relation to the purposes and obligations arising from this annex and the Edits described in Table A.
10.2. The Staff of the Processing Executor, who has access to the personal data must be bound by a confidentiality clause, contractual or statutory, must receive appropriate training, and must comply with the obligations described herein.
11. USE OF SUPER CONTRACTORS
The Executor is not permitted to appoint subcontractors (Sub-Executors of Processing), without prior written permission of the Controller, which must indicate the details of the further subcontractor, the purpose of subcontracting, the applicable technical and organizational measures, as well as contractual commitments that meet the requirements of the provisions of Article 28 GDPR and are at least equivalent protection for Data Entities, in relation to the provisions hereof.
12. RIGHT OF CONTROL
The Processing Executor undertakes the obligation to make available to the Controller any necessary information to demonstrate compliance with its obligations and to allow and facilitate audits, including inspections, carried out by the Controller or by another auditor appointed by him.
13. TERMINATION OF THE CONTRACT
13.1. The Executor undertakes the obligation to return or delete the Personal Data after the end of the Processing described in Table A and / or the Cooperation Agreement, at the absolute discretion of the Processor, unless exceptional storage is required. Absolutely necessary data, from the text legal framework to which the Executor belongs.
13.2. With respect to the exceptional processing described above, the Recipient acknowledges that he/she will act as the sole controller of the processing and not as the executor of the processing and therefore, no further responsibility for such processing will be borne by the Provider Company.
14. RESPONSIBILITY
In the event that, both during and after the termination of the Cooperation Agreement, any form of damage is caused to the Data Subjects or any claim is made by Data Subjects and / or third parties due to any breach due to intent or negligence of the Executor Processing during the processing of Personal Data of the Underlying Data by him, as well as in case of imposition of a fine by the competent Supervisory Authority on the Controller, due to relevant acts or omissions related to the ongoing Processing or violations of the relevant legal and / or contractual on behalf of the Executor of the Processing, as well as on behalf of any further subcontractors thereof, the Executor of the Processing undertakes to reimburse the Controller, for any amount which the Controller has paid or is required to pay for the above reasons.
15. SPECIAL RIGHT OF COMPLAINT
The Provider Company has the right to terminate the Cooperation Agreement in whole or in part for a good reason and with immediate application, in case the Recipient does not comply with its obligations arising from this.
TABLE A - DETAILS OF THE PROCESSING
• The Processor (Recipient) performs the following Processing activities on behalf of the Controller:
The Executor of the Website is informed of the data of the Users of the Website managed by the Responsible Editor. This data is used for the purposes of placing, in general service, support, delivery and return of electronic orders processed directly through the Website, through the Service CREATIVE APP CREATIVE APP MARKETPLACE. Explicitly, the above processing purposes do not include the conduct of advertising or in general commercial communication by the Processing Executor to the Users.
• The Processor of the Processor in which the Executor is involved in the process, by case is as follows:
Submission of user order, transmission of user order data to traders / service providers (hotels, agencies, etc.), completion of order by delivery, return or replacement of order
The Data under Processing refer to the following categories of Data Subjects:
Website Customers-Users
The Personal Data under processing are the following:
Name, postal address, mobile or landline number, content and financial details of the order (total amount, Products / Services, VAT, etc.), additional order comments from the user (clarifications, etc.), photo of the products / services as received from the User in case of return / withdrawal, as well as exceptionally any questions or complaints of the Users in relation to their specific order.
For the Recipient
For the Company Provider
“CREATIVE INFORMATION APPLICATIONS PC”
