General Terms and Conditions of BarterMe

• Why should you read this document and what will you find in it?

• These are the General Terms and Conditions ("GTC") of barterme.cz, ID No.: 07738803, with registered office at Korunní 2569/108, Vinohrady, 101 00 Praha 10 ("Operator") for the BarterMe platform operated at www.barterme.cz and the BarterMe app for iOS and Android ("BarterMe"). You can contact BarterMe at info@barterme.cz.
• The GTC contains a definition of the mutual rights and obligations of the Operator and the users of BarterMe ("User"). By registering to BarterMe, the User confirms that he/she agrees to the GTC.
• We divide Users into (i) those who submit a request for collaboration with influencers ("Advertiser") and (ii) those who offer to implement this collaboration in the form of creating their own content and publishing it on social networks ("Influencer").

• How does BarterMe work?

• BarterMe allows Advertisers to create influencer marketing campaigns ("Campaign") and reach out to relevant Influencers, submit the desired collaboration ("Brief") using our structured form, review, approve and follow up on Influencer-created photos, videos and other posts ("Post"), analyze metrics of posted Posts and completed Campaigns and reward Influencers.
• BarterMe is available to Influencers both in a web-based environment and via mobile apps for iOS and Android. Influencers have access to Campaigns on BarterMe, which are filtered and ranked according to the focus and requirements of the Advertiser. The Influencer uploads their Posts via BarterMe, receives feedback from the Advertiser and has an overview of all their completed Campaigns, published Posts and statistics and gets rewarded in the form of credits.

• How much does BarterMe cost and what are the payment terms?

• The basic Influencer account is completely free. An Influencer can activate a premium account for a monthly fee.
• The Advertiser can register for free in the app and try out creating a Campaign. Activation of other services is subject to a fee  according to the selected subscription.

• What are the mutual rights and obligations of the Advertiser and Influencer?

• The Advertiser and the Influencer, through BarterMe, enter into a contract whereby the Influencer agrees to create one or more Posts for the Advertiser according to the Advertiser's requirements and to publish them on the social network and the Advertiser agrees to provide the Influencer with remuneration (the "Contract"). The manner of conclusion of the Contract and its contents are set out below. The Advertiser and the Influencer may agree differently on their mutual rights and obligations.
• The Contract is concluded as follows:

• By creating the Brief, the Advertiser is making a non-binding invitation to Influencers to submit bids.
• The Influencer responds to the invitation by signing up to the Campaign, thereby making a proposal to enter into a Contract with the Advertiser with the content defined in the GTC and the Brief.
• The Advertiser accepts the proposal by: (i) sending a barter or discount coupon/voucher to the Influencer; (ii) accepting the Influencer's uploaded post to BarterMe; (iiii) expressly accepting the Influencer's offer.

• By entering into the Contract, the Influencer undertakes to:

• create and add the content requested in the Brief to BarterMe;
• post the content created as instructed in the Brief on social media and leave it there for at least six months (not applicable to Stories or other media whose nature does not allow it), subject to the approval of the Advertiser;
• mark the published Post as a paid collaboration;
• Avoid posting content that infringes the intellectual property rights of third parties (e.g., third-party Postings that Influencer does not have permission to use) or privacy and likeness rights (e.g., likenesses of non-consenting individuals), or that is otherwise contrary to law or good morals or damages the reputation of the Advertiser;
• comply with Act No. 40/1995 Coll. on the Regulation of Advertising and other relevant legislation;
• not to publish Posts promoting direct competition of the Advertiser for the duration of the Campaign;
• maintain the confidentiality of the arrangements agreed between the Influencer and the Advertiser beyond the terms and conditions set out in the GTC and with respect to mutual communications relating to the subject matter of the Contract, except for information that is by its nature public knowledge.

• By concluding the Contract, the Advertiser undertakes:

• provide the Influencer with agreed remuneration in the form of (i) goods or services (barter), (ii) a discount voucher, or (iii) a financial reward byx releasing the credits;
• provide the Influencer with assistance in fulfilling its obligations under the Contract (in particular, provide the Influencer with additional information and instructions, add the Influencer to the list of collaborating influencers on the relevant social network);
• avoid using the Post in a manner that is contrary to the law or in a manner that damages the Influencer's reputation;
• maintain the confidentiality of the arrangements agreed between the Influencer and the Advertiser beyond the terms and conditions set out in the GTC and with respect to mutual communications relating to the subject matter of the Contract, except for information that is by its nature public knowledge.

• License: by entering into the Contract, the Influencer grants the Advertiser an exclusive, time and territory unlimited right to publish the Posts on social networks and use them in any way that does not damage the Influencer's reputation. The Advertiser is entitled to grant this right or part of it to a third party. The remuneration for granting the license is already included in the remuneration for the implementation of the cooperation.
• Amendments to the Contract. The Influencer shall be deemed to have agreed to the proposal unless it expressly informs the Advertiser in writing (including by email) within 3 days that it does not agree to the change to the Contract.  
• The Customer shall be entitled to withdraw from the Contract if

• The Influencer fails to deliver the requested Post within the agreed timeframe, but no later than the Campaign End Date, or fails to publish such Post in accordance with the Brief;
• Influencer otherwise materially breaches the Contract;
• Influencer breaches the Contract in a less serious manner and fails to remedy such breach even within an additional period of time granted by the Advertiser, which shall not be less than 5 days.

• The Influencer is entitled to withdraw from the Contract if:

• The Advertiser shall not pay the Fee to the Influencer within the agreed time period, even within an additional time period provided by the Influencer, which shall not be less than 5 working days;
• The Customer shall not provide the Influencer with the goods or service to be provided in advance (barter) according to the Brief, or with the goods provided, or if the service is materially defective and the Customer fails to deliver new goods or provide the service again to the Influencer within a reasonable period of time, but no longer than 20 working days;
• the Advertiser is otherwise in material breach of the Contract;
• the Customer breaches the Contract in a less serious manner and fails to remedy the breach even within an additional period of time granted by the Influencer, but not less than 5 days.

• What are the mutual rights and obligations of the Users and the Operator

• The User declares that:

• uses BarterMe as a business;
• if the User is a natural person, is over 18 years of age, or has the consent of his/her legal representatives to use the BarterMe service, including fulfilling the obligations under the GTC and concluding the Contract;
• all information provided by the User on BarterMe is true and up-to-date;
• the image material uploaded by the User on BarterMe does not violate the rights of third parties and is not in violation of legal regulations;
• is aware of and complies with, among others, the following legal provisions: the Consumer Protection Act, the Civil Code as regards unfair competition and the Advertising Regulation Act;
• if the User is an Influencer, the User's social network profile that the User has linked to BarterMe is authentic to the best of the User's knowledge (the Influencer has not purchased followers, likes or otherwise purposefully manipulated the profile statistics).

• The User undertakes to the Operator that:

• will use the BarterMe service only for the purpose for which it is intended;
• will use his/her user account personally (which includes employees of the Procuring Entity) and will not make it available to a third party
• not misuse the BarterMe Service to distribute pornography, promote or endorse extremism, violence or hatred, deceive consumers, infringe the rights of third parties (including intellectual property rights or privacy rights) or otherwise violate any law or morality.

• The Operator is entitled to:

• deactivate, cancel or delete the User's account at any time if the User violates the GTC;
• at any time delete any Brief and terminate or delete the Campaign of an Advertiser that violates the GTC;
• at any time delete any Post that violates the TOS;
• use the reference of cooperation with the User for self-promotion, including published Posts and Campaign results; in this context, the User grants the Operator a non-exclusive, time and territory unlimited right to use the images uploaded on BarterMe for marketing purposes; the User grants the license free of charge.

• The User has the right to request the Operator to delete his/her profile at any time via the Operator's email.
• The Operator is not liable for the User's compliance with its obligations and is not liable for damages caused by the User's violation of the GTC and the Contract.

• How does the Credit System work?

• An Advertiser can purchase credits on BarterMe, which are used to reward Influencers. The price per credit is set in the "Credits" section of the Advertiser's interface.
• If the Advertiser chooses a financial reward within the Campaign Brief, the Advertiser is required to purchase enough credits to reward Influencers.
• Credits are released to the Influencer after the Advertiser confirms the completion of all Tasks within the Campaign.
• The Influencer is entitled to request the payment of credits to their account under the following conditions:

• the minimum amount to be paid out is 50 credits;
• payment can only be made to an account in an EU country;
• the Influencer, who is a VAT payer, has issued a tax receipt to the Operator.

• What if BarterMe is unavailable?

• The Operator shall ensure the operation of BarterMe except for the time necessary for the maintenance of the technical and software means through which the BarterMe service is operated.
• The Operator shall be entitled to carry out planned downtime of the systems for maintenance and updates ("Planned Downtime") and unplanned downtime if it is necessary to carry it out immediately in order to ensure the continued operation of BarterMe and the servers.
• In the event that the BarterMe service is unavailable or inoperable to the extent that the User is unable to use it, which is not due to a Scheduled Outage, a failure or outage in the Internet network between the User and the Provider's servers, or a force majeure, it is a failure ("Failure").
• In the event of a Failure lasting more than one hour, the Customer shall be entitled to a discount of 1/720 of the Customer's paid monthly fee for each hour of the duration of the Failure. Complaints must be filed with the Operator without undue delay after discovery of the Fault, but no later than within 5 working days, otherwise the right shall expire.
• Complaints can be made at the Operator's email address.
• The Operator shall not be liable for damages arising from the unavailability or non-functionality of BarterMe beyond the rights set out above.

• What hasn't been said yet?

• The Operator has the right to change the GTC at any time. The Operator shall notify the User of the change to the GTC no later than 14 days before the change becomes effective. If the User does not reject the changes to the GTC in writing before they become effective, the User shall be deemed to have accepted the changes.
• All relationships arising under or in connection with the GTC shall be governed by the law of the Czech Republic and any legal disputes arising therefrom shall be decided by the general courts of the Czech Republic.
• These GTC shall come into force on 15 December 2022.