In Las Palmas de Gran Canaria, on __ of __ of ______
On the one hand, Mrs. Virginia Sanz Sanchez, with DNI No. 51427841w and address for the purposes of notifications at Pelayo Street, 52. Portal 1- 1ºE, 35600 Puerto del Rosario, acting on behalf of and representing the business entity CHENZIRA ENTREPRISES SLU, with VAT number B76310721 and registered office at Puerto del Rosario, Technology Park of Fuerteventura, 1 35612 Las Palmas, acting under the trademark name OKEY CLICK (Hereinafter, THE ADVERTISING PLATFORM) .
On the other hand, D./Dña. _____, with ID number ___ and address in ______, acting in their own name and right. (Hereinafter, THE SERVICE PROVIDER).
Both parties mutually acknowledge they have sufficient legal capacity to sign this contract of intermediation and customer acquisition by THE ADVERTISING PLATFORM for the benefit of the SERVICE PROVIDER. For this purpose the parties state and agree as follows:
1. That the company CHENZIRA ENTREPRISES S.L.U. (THE ADVERTISING PLATFORM) aims to provide online marketing services.
2. The ADVERTISING PLATFORM has developed an online advertising platform (website and its mobile application), under the commercial name OKEY CLICK, through which it locates clients for professionals and freelancers who dedicate themselves to providing services to other clients (described in Annex I).
3. That THE SERVICE PROVIDER is professionally engaged in providing any of the services described in Annex I and is interested in hiring the services of THE ADVERTISING PLATFORM.
Therefore, both parties agree to submit to the following,
THE SERVICE PROVIDER authorize THE ADVERTISING PLATFORM to perform all necessary marketing efforts on his behalf through its web platform and mobile application, in order to attract new customers for THE SERVICE PROVIDER.
THE ADVERTISING PLATFORM will perform all necessary actions to attract new customers to the SERVICE PROVIDER. Those are customers interested in hiring the services of a professional within those described in Annex I.
The platform will operate in such a way that once the final interested client has requested a service through the platform, it will send the request to THE SERVICE PROVIDER in order to perform the service. This is the service requested by the final customer that can be accepted or denied by THE SERVICE PROVIDER.
Once the SERVICE PROVIDER accepts the request made by the final client, it must act with due diligence to provide the service in the required place and within the stipulated period of time. To this end, the online advertising platform OKEY CLICK may request opinions, reviews and information from the final client about the service provided. This opinions will become available by other clients as a method of loyalty towards THE SERVICE PROVIDER concerning his services. Thus, THE SERVICE PROVIDER is the only responsible party regarding the quality of the service that provides.
SECOND. Fee. Payment Methods
THE ADVERTISING PLATFORM will receive, in terms of fees for its marketing efforts, the following amounts:
- 15% of each transaction in Basic Plan
- 7% of each transaction in Plus Plan
- 4% of each transaction in Premium Plan.
Service Providers can decide to pay a monthly fee according the plan that better fit her/his needs. Information about Plans and prices are always updated on the website and inside the mobile application.
THE ADVERTISING PLATFORM will issue an invoice to the SERVICE PROVIDER for its fees for its services for the acquisition of new customers.
THE SERVICE PROVIDER authorizes THE ADVERTISING PLATFORM to perform the collection management of SERVICE CHARGES for the provision of its services, and then to transfer them directly after finalizing the service, less the fees of THE ADVERTISING PLATFORM agreed in this same Clause, against an invoice of THE ADVERTISING PLATFORM.
SERVICE PROVIDER needs to have a Stripe account connected to his account to be able to receive service request from new clients as well as payments.
The fees charged by the ADVERTISING PLATFORM to the SERVICE PROVIDER will depend on the type of membership to which THE SERVICE PROVIDER is subscribed to. For this purpose, the SERVICE PROVIDER acknowledges it is aware of the existence of monthly plans which are published and updated on our ADVERTISING PLATFORM.
THE ADVERTISING PLATFORM declares, in this regard, that it will receive from the final client SERVICE CHARGES quantities merely as an intermediary in order to facilitate the operation of the service, as said amounts correspond to and are to the exclusive account of the SERVICE PROVIDER as its fees for its services provided to the final client.
In this regard, THE SERVICE PROVIDER will be responsible for issuing the corresponding invoice in the name of the final customer interested in the service provided, and exempts THE ADVERTISING PLATFORM from all liability in the case of different legal relationships.
This contract will have an indefinite duration, beginning from when the profile of the SERVICE PROVIDER is created.
QUARTER. Nature of the contract
This contract has a commercial nature, given that it is signed by businessmen, denying both parties labor status as well as any other relationship that is not the one of this advertising contract and customer acquisition.
Both parties are obliged to comply with their formal obligations, including those related to public tax, insurance and social security, and exempt the other party from any breach that for any reason they have incurred.
THE SERVICE PROVIDER is obliged to have at its disposal a civil liability policy for the damages that may be caused by breach or deficient provision of the service.
SERVICE PROVIDER acknowledge that THE ADVERTISING PLATFORM it is only responsible for publicity and marketing activity, deniying any further kind of relationships or responsibilities to the service that providers as independent third party.
FIFTH: Causes of termination of the contract
This contract may be terminated, resulting in the automatic blocking or elimination of the SERVICE PROVIDER’s profile, for the following reasons:
1. By agreement of both parties. 2. For breach of the provision of the final service by the SERVICE PROVIDER with respect to an interested client after the service has been accepted. 3. For the lack of attention of THE SERVICE PROVIDER to the final customer, when possible damages are caused during the service. 4. For non-payment of fees by the SERVICE PROVIDER to the ADVERTISING PLATFORM. 5. Due to the SERVICE PROVIDER’s dissatisfaction with THE ADVERTISING PLATFORM to attract new customers for his business. 6. For breach of the formal obligations of any of the parties.
The resolution of termination may be carried out through a mere communication via the digital platform or email. Despite termination, both parties will be obliged to perform their obligations assumed previously.
SIXTH. Data Protection. Geolocation
In compliance with what is provided in article 5 of the Organic Law 15/1999, of December 13, of Protection of Personal Data (LOPD), CHENZIRA ENTREPRISES S.L.U. informs you that the personal data that you provide to us during the provision of the service will be collected in files maintained by CHENZIRA ENTREPRISES S.L.U., with for the sole purpose of providing the service.
In addition, THE SERVICE PROVIDER authorizes CHENZIRA ENTREPRISES S.L.U. to send, by ordinary notification or mail, promotional information about the services of the company, as well as news of professional interest and disseminate their professional profiles through their networks in order to achieve greater customer acquisition.
Likewise, CHENZIRA ENTREPRISES S.L.U. is authorised to transmit information provided by THE SERVICE PROVIDER to companies or public bodies in order to comply with this contract. Under the provisions of Article 15 and following of the LOPD and in the terms indicated in its Development Regulation approved by Royal Decree 1720/2007, of December 21, at any time the owner of personal data may exercise their rights of access, rectification, cancellation and opposition, by writing to Fuerteventura Technology Park, 1, 35612 Las Palmas or sending an email to the following email address: firstname.lastname@example.org
Likewise, THE SERVICE PROVIDER acknowledges that the information and personal data collected are accurate and true. For this reason, THE SERVICE PROVIDER undertakes to immediately communicate any modification of their personal data so that the information contained in the files is always updated and contains no errors.
On the other hand, THE SERVICE PROVIDER authorizes the ADVERTISING PLATFORM, for the proper performance of the contractual relationship, to access to his location through its smartphone, in the moment when it is ACTIVE to receive service requests. THE SERVICE PROVIDER will receive a push notification in his smartphone to authorize access to location and THE SERVICE PROVIDER acknowledge this access is necessary to receive service request.
Both parties renounce their own jurisdiction and expressly submit themselves to the Courts and Tribunals of Las Palmas to resolve any dispute that may arise in relation to the interpretation or performance of this contract.
ANNEX I - SERVICES INCLUDED
Services related to the care of the home: including all the services related to the cleaning and care of the home, including gardening services, car cleaning services, ironing, assembly of furniture, adjustments of clothes and deep cleaning of homes, holiday rentals or offices .
Services related to the care of people: including all services related to the care of children and adults, such as occupational therapists, psychologists, geriatric doctors, babysitters, speech therapists, assistance to the elderly, or accompaniment to the elderly.
Services related to the care of pets: including all services related to the care of pets such as spa services for dogs, dog walkers, veterinary services, dog food at home, etc.
Services related to body care and beauty: including all types of body care such as manicures and pedicures, hairdressing, makeup, beauty treatments, waxing, massage, chiropractic, and physiotherapy services.
Services related to the organization of events: including the organization of birthdays, photography, image and sound, magicians, clowns, comedians, tour guides, services for the hotel trade including chefs, waiters, receptionists, etc.
Services related to learning: including language classes and any type of workshop that is given to transfer knowledge.
Services related to laundry
Services related to the distribution of flowers and plants.
Services related to home emergencies: including all kinds of electricity services, plumbing, locksmithing, air conditioning, etc.
Other services amenable to promotion through digital media not included in the previous points.