ADVERTISER TERMS & CONDITIONS
BY ENROLLING AS AN ADVERTISER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. YOU FURTHER AGREE THAT ANY OF YOUR AGENTS, REPRESENTATIVES, EMPLOYEES, OR ANY PERSON OR ENTITY ACTING ON YOUR BEHALF CONCERNING THE USE OF THE SERVICES WILL BE SUBJECT TO AND WILL ABIDE BY THIS AGREEMENT. THESE TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS AND CONDITIONS REGULARLY FOR CHANGES.
PARTIES
Durnap Limited
Company Number: 660606
77 Camden Street Lower,
Dublin 2,Dublin.
and
Advertiser , the purchaser of traffic available at Traffic Tons platform
1. GENERAL PROVISIONS AND DESCRIPTION OF THE SERVICE
The present “Terms and Conditions” regulate the access and use of the platform Traffic Tons, a trademark from Durnap Limited, (hereinafter, “Durnap Limited” or “We”) and respective
Website and Platform (hereinafter, “Website”, "Traffic Tons" or "Platform") by the Advertisers (hereinafter, “Advertiser”, “User” or “Client”).
Durnap Limited has the right to make changes to these Terms and Conditions at any time and without prior notice, if deemed necessary, and Durnap Limited will include in them the date of its
last update.
Navigation on the Website and Platform, as well as the use of the services available on the Platform, implies the acceptance of these Terms and Conditions by the User.
2. USE OF SERVICE
Users are not allowed to create campaigns with the following products or services:
- Pornography
- Offensive content
- Hateful content
- Illegal products and services
- Malware, phishing, malicious software
- Use of registered trademarks without their consent
- Use of celebrity image without their consent
As soon as the deposit is received by Durnap Limited and uploaded in Traffic Tons platform, the Advertisers will be able to create campaigns and buy clicks through an automatic bidding system. The click will be attributed to the Advertiser with the highest bid in the auction. The Advertiser will only be charged the amount bided and which allowed them to win the click. Traffic will be delivered until the Advertiser’s budget is reached.
Due to the nature of push notification traffic, the cost of each click is based on the CPC bid rate that the client chose at the moment of the auction, and not according to the bid on the platform. Clicks might happen minutes, hours or even days after the push notification was sent.
The retail prices shown on the platform are presented in USD. VAT and other taxes or fees, if applicable, are added to the price of each click and deducted from the account’s balance. VAT rules comply with the EU VAT code: company accounts will be charged 0% VAT, with the exception of Irish companies and individual accounts will be charged 22% VAT.
At the end of each month, the invoice related to the corresponding month’s expenses will be sent to you by Durnap Limited. All Users undertake to comply with and respect the Terms and Conditions, namely:
- Notify Durnap Limited if defamatory, obscene, insulting, xenophobic and / or any other content is detected that violate the right to privacy of private and family life or the intellectual property of third parties;
- Notify Durnap Limited, if they detect that the clicks are not made by real individuals or end users who visit the Advertisers' Websites or Applications ( clicks generated by automated systems or other fraudulent means);
- To prevent third parties from accessing your account.
Durnap Limited rejects any responsibility for any delay or inability to provide the requested service, resulting from an error or insufficiency of data provided by Users.
Durnap Limited reserves the right to withhold a deposit or charge the Advertiser’s account due to any breach of this agreement by the Advertiser.
3. ACCOUNT & PAYMENTS
Any company or individual that wants to buy traffic from Traffic Tons, shall fill our website’s registration form available at
Register and agree with this agreement. The information provided upon registration
should be authentic and you should be authorized to provide such information if you are working on behalf of a company. All accounts are subject to validation and approval by
Traffic Tons’ team.
Once approved, advertiser must prepay its advertising budget through credit card, wire transfer, PayPal or Paxum. Advertiser can add funds directly on Traffic Tons platform on
the “add funds” section. According to the relevant payment providers’ policies some of the transactions may demand a multi-factor authentication.
After clicking the “Checkout” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Checkout” button you agree that you will not be
eligible to cancel the payment or request to cancel it. By placing the order, you confirm and state that you do not violate legislation of any country. Also, for credit card
payments, by accepting this agreement, you, as the cardholder, accept and agree that Durnap Limited might ask you for documentation such as national ID, passport or any other
documents associated with the credit card.
Durnap Limited Ltd reserves the right to withhold account balance and charge Advertiser’s account due to any breach of this Agreement by Advertiser or to any fraudulent activity such as
suspicious credit card activities, faking business transactions, entering third party data or providing false or non-existing data. Durnap Limited Ltd reserves the right to take all
necessary legal actions to restore the damage caused by this violation. In any case Durnap Limited Ltd shall make all determinations about fraudulent activity in its sole discretion.
The user acknowledges and agrees that any credit card and related billing and payment information may be shared with companies who work with Durnap Limited Ltd, such as payment
processors and/or credit agencies, solely for the purposes of checking credit, effecting payments, and servicing user’s account.
The advertiser is responsible for paying all taxes, government charges, and reasonable expenses and attorney’s fees Durnap Limited incurs collecting unpaid amounts. Charges are
solely based on Traffic Tons Ad Serving Platform measurements, unless otherwise agreed to in writing.
4. REFUNDS
Traffic Tons does its best to deliver genuine, high-quality traffic to your campaigns. The advertiser agrees that the number of clicks displayed in Traffic Tons self-service platform is final and incontestable.
The first deposit is non-refundable. You may ask for a refund of the remaining funds on your account by contacting [email protected]. The minimum withdraw amount is 50USD.
The remaining balance of any accounts banned due to advertiser guideline violations will not be refunded.
The advertiser agrees that he is responsible for reporting any gaps between the number of served clicks displayed on Traffic Tons’ platform and the client’s tracking tool. In case of a discrepancy, refunds will only be considered if the client reports gaps within three (3) business days. To report discrepancies, the advertiser must send a written email to [email protected] with details of the gap, namely reports with clickIDs, sourceIDs and campaign Id. The advertiser agrees that Traffic Tons has a limit of five hundred dollars (500USD) per advertiser for refunds related to gaps.
The Advertiser agrees that will not be reimbursed for any funds that the Advertiser has already spent on purchased traffic.
5. PRIVACY AND COOKIES POLICY
6. INTELLECTUAL PROPERTY
The corporate names, brands, as well as any distinctive signs reproduced on the Website and Platform, are protected under the terms of the legal provisions applicable to industrial property and are the property of Durnap Limited. The reproduction or representation of all or part of these distinctive signs is strictly prohibited and must be subject to prior written authorization from Durnap Limited.
7. COMMUNICATIONS
Communications will be carried out between the parties through the contacts saved on the platform.
Any communication will be considered received 24 (twenty four) hours after sending an email.
8. CONFIDENTIALITY
- Any information, of any nature, in any medium, or data with the concepts, experiences, know-how, technical procedures and other aspects related or not to the services, revealed, in whole or in part, in writing, orally or by any other way;
- Any advertising and / or communication material, know-how, technical procedures.
Durnap Limited is also obliged to ensure that this Confidential Information is restricted to its employees, executives, directors and subcontractors who must have access to it due to their participation in the provision of services and only and for that purpose only.
The Parties undertake not to disclose Confidential Information to any third party, not to make any commercial use of it and to use it only within the scope and under the terms of these Terms and Conditions.
9. RESPONSIBILITY AND EXCLUSIONS
Durnap Limited makes every effort to ensure that the information on its website and Platform is accurate and up to date and to rectify any errors or omissions as soon as possible when communicated.
Durnap Limited has no responsibility for loss or damage resulting from the inability to access the Website.
The use of any third party website is regulated by the terms and conditions and the privacy policy of that same website, exempting Durnap Limited from any liability arising from such use.
10. REDUCTION
11. COMPLAINTS
Whichever channel he uses to submit his complaint, the User must enter his data, identify and describe the issue clearly and accurately.
The submission of complaints has no cost to the User.
12. APPLICABLE LEGISLATION AND ALTERNATIVE DISPUTE RESOLUTION
Any dispute arising out of or related to these contracts is subject to the exclusive jurisdiction of the Irish courts.
Durnap Limited has adhered to the following alternative dispute resolution means:
- Dublin Consumer Conflict Arbitration Center
- National Consumer Conflict Information and Arbitration Center.
In this sense, if the services are completed through the Website and Platform, it is informed, under the Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013, that it has the power to resolve any dispute in a extrajudicial through access to the online conflict resolution platform online, via http://ec.europa.eu/consumers/odr/
Last Updated: 01/01/
CONTACT
Durnap Limited
Company Number: 660606
77 Camden Street Lower,
Dublin 2,Dublin. Ireland
CONTACT
Durnap Limited
Company Number: 660606
77 Camden Street Lower,
Dublin 2,Dublin. Ireland
