Regulations
§1. Definitions
- Terms – this document setting out the principles of operation of websites operated by Moleke
- Customer – entrepreneur being a natural person, legal person or organizational unit
- User – a person using the Platform
- Controller – natural or legal person, public authority, entity or any other body which alone or together with others determines the purposes and means of the processing of personal data.
- Platform – websites operated by Moleke. Current list of Moleke websites:
- Moleke
Moleke’s services are not available to consumers, i.e. natural persons who make a legal act with an entrepreneur which is not directly related to their business or profit-making activity. For the removal of doubts, Moleke informs that services and products provided by him are addressed exclusively to entrepreneurs (B2B relation) and the provisions of the consumer rights do not apply to them.
By accepting Terms, the Customer declares that the legal act performed between the Customer and Moleke is directly related to the Client’s economic or professional activity.
§2 General Information
- The Platform is owned and operated by Moleke.
- The information contained on the Platform is informative and related to Moleke activities, including offering our partners’ products and organizing workshops.
- Terms are made available to every User free of charge. Terms may be updated and changed, especially due to changes in the law.
- Before using the Platform, each User should read Terms.
- The use of the Platform should be in accordance with Terms, the generally applicable law, the principles of use of the Internet and the principles of community life.
- Content available on the Platform:
- Moleke is responsible for its own content on the Platform
- The information contained on the Platform is updated on a regular basis to allow you access to the most current content. However, you should be aware that, despite our best efforts, there may be situations when content is out of date, incorrect or incomplete. If you identify such a case we will be grateful for informing us about it.
- Moleke reserves the right to change, add or withdraw information related to our partners.
- The only binding information concerning our offer the Customer can get only within our direct contact. For this purpose, you can contact us via the contact form, chat or by email.
- Moleke may place links on the Platform to websites operated by third parties. We take due care to check these links. Moleke is not responsible for the content or changes made by third parties to the linked websites. If you notice that a link or website is suspicious, we would appreciate it if you would let us know. We will respond to this immediately.
- Platform’s content, and in particular the content published on our blog, is covered by copyright.
- Minimum technical requirements for using the Platform:
- The User may use the Platform via computer, cell phone or another mobile device.
- The minimum technical requirements of the system through which the User wishes to use the Platform:
- processor: 1000 MHz
- RAM: 512 MB
- Internet access
- a browser that supports HTML5, CSS3 and JavaScript, with cookies enabled.
- User:
- By using the Platform, you are not allowed to infringe rights of third parties or Moleke
- If your behavior violates the rules you should follow, we have the right to require you to make restitution for the damages we suffer.
- Registration is not required to use the Platform. However, we may ask you to provide your personal data if you are interested in our offer or you want to contact us via contact form or chat.
- You shall not, without our consent, copy, reproduce or otherwise distribute content from the Platform. Such acts will result in a violation of the protection covered by copyright law or other generally applicable laws.
§3 Personal data and security
- The Customer bears full responsibility for the accuracy and truthfulness of the data indicated above.
- Detailed information about personal data, the rights of Customers/Users and the obligations of Moleke in this regard is available in Privacy Policy. Please get familiar with Privacy Policy before using the Platform.
§4. Final provisions
- Moleke is committed to ensuring that the Platform is user-friendly and functions properly. However, we cannot guarantee that due to circumstances beyond our control its availability will be limited. However, you should know that if this is the case, we will work hard to correct any errors.
- You may contact us through the following channels:
- e-mail: hello@moleke.com
- by phone: +48 661313101
- by post to the following address: Moleke Prosta Spółka Akcyjna, ul. Rynek no. 60/2, 50-116 Wrocław.
- Terms are effective as of 28.12.2022.
WE INVITE YOU TO USE THE PLATFORM
Partner Program Regulations
§1 Definitions
- Terms and Conditions – the present document setting out rules of the Partner Programme. Each Partner is obliged to accept the Terms and Conditions in order to participate in the Partner Programme.
- Partner Programme – the programme that aims to recommend Services provided by Moleke to customers by the Partner and to transfer to Moleke Leads, under rules specified in the Terms and Conditions, for which the Partner receives the remuneration.
- Moleke – established in Wrocław, Rynek 60/2, 50-116 Wrocław, entered into the register of entrepreneurs managed by the District Court for Wrocław-Fabryczna, VI Division of National Court Register, under no. 0000984003, with the share capital amount of 10.000 PLN, Tax Identification Number (NIP) 8971909332, who organizes the Partner Programme.
- Partner – an entity which joins the Partner Programme via the website at: Partner program (moleke.com) accepts the Terms and Conditions and recommends the Services. Only entrepreneurs i.e. a natural person, legal person and organizational unit conducting business or professional activity on its own behalf may be a Partner (B2B relationship with Moleke). The Partner receives a remuneration from Moleke for each agreement for Services effectively concluded by Moleke with Customers recommended by the Partner.
- Customer – an entity interested in purchase of Services, recommended by the Partner.
- Lead – contact data of Customer, provided to Moleke by the Partner.
- Data protection rules – means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (herein as: GDPR), the Personal Data Protection Act of 10 May 2018, as well as other national relevant and equivalent legislation.
§2 Partner
- FOTC provides the Partner with the website at: Partner program (moleke.com) through which the Partner can join the Partner Programme and accept the Terms and Conditions. To join the Partner Programme, the Partner’s data contact must be provided to Moleke. After providing them via the contact form and accepting the Terms and Conditions, Moleke arranges a meeting with the Partner in order to establish the financial conditions of cooperation within the Partner Programme. The Partner has access to the current content of the Terms and Condition at any time, which is available at: Partnership Program regulations (moleke.com)
- Any entrepreneur may become a Partner with the exception of employees and associates of Moleke and Moleke’s affiliates (related by capital or person).
- The participation in the Partner Programme is voluntary and prerequisite for joining the Partner Program is to provide data contact of the Partner via the contact form and acceptance of Terms and Conditions.
- The Partner is obliged to provide the truthful data in the contact form. If data provided by the Partner is not truthful Moleke is entitled to not contact the Partner, delete Partner’s data from the database and not pay the remuneration.
- In the contact form, the Partner needs to provide Moleke with the following information:
- e-mail address,
- name of the company
- NIP (Tax Identification Number)
- telephone number.
- After determining the financial conditions of cooperation, the Partner is obliged to provide all data necessary to receive the remuneration and performance of tax obligations according to the applicable law.
- If the Partner will not provide necessary information, Moleke is obliged to deny the payment of the remuneration. In case of any change of Partner’s data during the Partner Programme, Partner is obliged to inform Moleke about any change under the pain of excluding Partner from Partner Programme.
- The participation in the Partner Programme does not constitute an authorization of Partner to act on behalf of and for the benefit of Moleke, to submit any declarations of will, to determine any conditions of the cooperation with the Customer including making any offer or negotiation. All arrangements regarding the cooperation between Moleke and the Customer are made by the representative of Moleke.
- Partners cannot use the logo of Moleke or the logo of the entity indicated in §1 sec. 7 and 8 of the Terms and Conditions within its activities of gaining Leads.
§3 Partner program rules
- Partner receives the remuneration from Moleke for each effectively concluded agreement for Services between Moleke and Customer, based on the Leads provided by the Partner. In case of:
- Moleke arranges financial conditions of cooperation with the Partner after his submission to the Partner Programme and acceptance of the Terms and Conditions. Moleke appoints representatives responsible for the Partner Programme, including arrangements regarding financial conditions of the cooperation.
- Moleke reserves the right to arrange financial conditions with each Partner individually and depending on the type of Services ordered by the Customer. Financial conditions will be confirmed by Moleke and the Partner in electronic form and will determine the Partner’s remuneration from Moleke. For active taxpayers of the tax on goods and services not benefiting from the exemption from this tax, this amount will be increased by the due tax on goods and services, according to the rate applicable on the date of payment of the remuneration.
- Until the end of the calendar month, Moleke informs the Partner about the number of Customers who have signed agreements for Services with Moleke based on Leads provided by the Partner and information about invoices paid by the Customer.
- Within 7 days after receiving the information mentioned in §3.4 of the Terms and Conditions, the Partner issues a VAT invoice (its amount depends on the Customer’s payment of the invoices for the ordered Services) and sends the electronic invoice to Moleke to the following address: hello@moleke.com
- Moleke pays the remuneration within 14 days from delivery of the properly issued invoice to the account number indicated on the invoice.
- Partner appoints a person authorized to contact Moleke and transfer Leads.
- The provided Lead cannot include the data of Moleke’s Customer who already has Services, who at the time of providing the Lead are in the phase of negotiating the terms of cooperation with Moleke, for any of the services offered by Moleke or those who cooperated with Moleke in the last 12 months counted to the date of providing a Lead.
- The Lead provided by the Partner are:
- Customer contact details provided by the Partner to the following address: hello@moleke.com
- data sent by the Customer by completing the contact form on the Partner’s website.
- The Partner may provide an unlimited number of Leads to the Moleke during the Partner Programme.
- Partner may resign from participation in the Partner Programme at any time by sending relevant information in electronic form to the Moleke to the address indicated in § 5.9 of Terms and Conditions. In the event of resignation, Partner retains the right to remuneration if the Customer concludes a Service agreement with Moleke by the end of the following month after the resignation day.
- If during the Partner Programme Moleke finds out that the Partner’s actions are contrary to the provisions of the Terms and Conditions or legal provisions, Moleke has the right not to pay the Partner’s remuneration or to adjust the amount of the Partner’s remuneration.
- Moleke has the right to exclude the Partner from the Partner Programme or refuse to recognize Lead if the actions of the Partner or the Customer are contrary to the provisions of the Terms and Conditions or applicable law.
- If the Customer’s data provided by the Partner are false, were obtained by the Partner with violation of the Personal Data Protection Rules or the entity has not consented to their transfer for the purpose of presenting Services, Moleke reserves the right not to pay the Partner remuneration for Lead containing such data.
- It is forbidden for the Partner to recommend the Services to itself and its affiliates. In this situation, § 3.12 of Terms and Conditions shall apply.
§4 Personal data protection
- Detailed information regarding the personal data protection is to be found in our Privacy Policy available at: Privacy policy (moleke.com). Please familiarize yourself with Privacy Policy before accepting the Terms and Conditions.
- Partner, in the event of the Customer’s contact details being provided to Moleke, is always required to obtain the Customer’s consent to provide this data for the purpose of contacting and presenting the offer regarding Services by Moleke.
- Partner undertakes and guarantees that:
- for the purposes of participation in the Partner Programme, and in particular in connection with providing Leads to Moleke, meets the requirements set out in the Personal Data Protection Rules,
- the processing of personal data for the purpose referred to in point a) will not be caused by Moleke or lead the data subject to violation of the provisions on the Personal Data Protection Rules.
- Upon request, the Partner releases Moleke from liability for any violations, in particular the provisions on the Personal Data Protection Rules, personal rights or resulting from the Customer receiving unsolicited commercial / marketing information that arose directly or indirectly in connection with the act or omission of the Partner or a person acting in on his behalf. The release from liability is not limited in amount and applies to all obligations and amounts (in particular legal expenses, claims, demands, losses, damages, costs of proceedings, penalties) which Moleke would be charged if the violation was caused by the Partner or persons acting on his behalf.
§5 Final provisions
- The Terms and Conditions may be updated and changed. The most recent version of the Terms and Condition will be available at: Partnership Program regulations (moleke.com). Partners will be informed about changes to the e-mail address provided during registration.
- The Terms and Conditions effective from December 28, 2022 is available at: Partnership Program regulations (moleke.com). In the event of a change of the Terms and Conditions, the Partner shall have the right to object to its changed content. This will be tantamount to the Partner’s resignation from participating in the Partner Programme. The objection must be submitted in electronic form within 14 days of being notified of the change, to the email address indicated in § 5.9 of Terms and Conditions. The Partner retains the right to remuneration if the Customer concludes a Service agreement with Moleke by the end of the following month after Partner’s resignation.
- Moleke has the right to terminate the Partner Programme at any time. The Partner will be notified about the termination to the e-mail address provided during registration. The Partner retains the right to remuneration if the Customer concludes a Service agreement with Moleke by the end of the month after the end of the Partner Programme.
- Moleke is not responsible for any damages resulting from violation of the Terms and Conditions by the Partner, and in particular for lost profits of the Customer.
- Any disputes that may arise under the Terms and Conditions the Parties (i.e. Partner and Moleke) shall at first settle amicably.
- The Terms and Conditions are binding as of December 28, 2022.
- The Terms and Conditions are subject to Polish law.
- If you have any questions or concerns, please contact with us via:
- email: hello@moleke.com
- telephone: +48661313101
- post mail to the address: ul. Rynek 60/2 50-116 Wrocław, Poland
WE INVITE YOU TO ACTIVE PARTICIPATION IN THE PARTNER PROGRAMME