In Puerto del Rosario, on __ of ___ of 20__
TOGETHER
On the one hand, Mr. Massimo Testa, with DNI number Y4916409N, intervenes on behalf and representation of the commercial entity SESAMAX MARKETING SL, provided with CIF number B76355387 and registered office in Puerto del Rosario, street Profesor Juan Tadeo Cabrera 6, 35600 Las Palmas, acting under the brand name STOP IN PARADISE (Hereinafter, THE ADVERTISING PLATFORM).
On the other hand, Mr. _________, with DNI number ________, intervenes in the name and representation of _____________, with registered office at _____________ and CIF ________________ (Hereinafter, THE SERVICE PROVIDER).
Both parties mutually recognize sufficient legal capacity to sign this mediation, promotion and customer acquisition contract by THE ADVERTISING PLATFORM for the benefit of THE SERVICE PROVIDER. To this end,
EXPOSE:
That the company SESAMAX MARKETING SL (THE ADVERTISING PLATFORM) aims to provide digital marketing services, promotion and customer acquisition.
That SESAMAX MARKETING has developed an online advertising platform, under the commercial name STOP IN PARADISE, through the search for clients for professionals and small companies in the tourism sector that are dedicated to providing services to other clients.
The SERVICE PROVIDER is professionally dedicated to providing services within the tourism sector and is interested in contracting the services of THE ADVERTISING PLATFORM.
Therefore, the parties agree to submit to the following
CLAUSES
FIRST. Object
THE SERVICE PROVIDER contracted the ADVERTISING PLATFORM to carry out the necessary online marketing efforts through its web platform, under the commercial name of STOP IN PARADISE (www.stopinparadise.com), in order to get customer acquisition for the professional or applicant SME.
Through the online advertising platform STOP IN PARADISE, owned by THE ADVERTISING PLATFORM, all the actions necessary to attract final customers in favor of the SERVICE PROVIDER will be deployed through the appropriate online media.
In such a way that once the interested end customer has requested a service through the platform, they will be in contact with THE SERVICE PROVIDER in order to fulfill the service requested by the end customer.
Once THE SERVICE PROVIDER accepts the request of the interested end customer, they must comply with due diligence to provide the service in the stipulated time and place. To this end, the online advertising platform STOP IN PARADISE may request opinions and information from the interested client about the service provided, which will be published on the ADVERTISING PLATFORM, in order to serve as a loyalty method for the SERVICE PROVIDER.
SECOND. Fee. Way to pay
THE ADVERTISING PLATFORM will receive, as fees, the amounts published on the Service Fees page.
THE SERVICE PROVIDER authorizes THE ADVERTISING PLATFORM to manage the collection of fees for the provision of its services and, subsequently, enter them in the bank account designated by THE SERVICE PROVIDER, once discounted the fees of THE ADVERTISING PLATFORM agreed in this same clause.
The fees to be charged by THE ADVERTISING PLATFORM to the SERVICE PROVIDER will depend on the type of membership to which the SERVICE PROVIDER is subscribed as well as the type of service offered, as detailed on our Service Rates page.
THE ADVERTISING PLATFORM declares, in this regard, that it will receive these amounts from the end customer merely in an instrumental way and to facilitate the operation of the service, as long as these amounts correspond and are the exclusive account of the SERVICE PROVIDER as well as their fees.
In this sense, THE SERVICE PROVIDER will be responsible for issuing the corresponding invoice in the name of the end customer interested in the service provided, exempting the STOP IN PARADISE platform from all liability as it deals with different legal relationships; and THE ADVERTISING PLATFORM will issue a monthly invoice in the name of the SERVICE PROVIDER for the intermediation, promotion and customer acquisition carried out.
THIRD. Duration
This contract will last for a period of one year and may be extended for periods of time equal to the one agreed. Upon expiration of the initial term or any of its extensions, if any of its parties decides to terminate this contract, they must communicate their intention to the other party at least one month before the expiration date through a means that record your receipt.
FOURTH. Nature of the contract
This contract is commercial in nature, given that it is signed by businessmen, denying both parties labor status as well as any other relationship other than that of this advertising, promotion and customer acquisition contract.
Both parties undertake to fulfill their formal obligations, including those related to public finances and social security, exempting the other party from any non-compliance that they have incurred for any reason.
THE SERVICE PROVIDER undertakes to have at the disposal of interested clients a civil liability policy for the damages that may be caused by the breach or the poor provision of the service; and as long as the service it provides is independent from the advertising provided by LA PLATAFORMA, it is solely responsible for said service.
FIFTH. Causes for termination of the contract
This contract may be terminated, leading to the automatic blocking or deletion of the profile, for the following reasons:
1. By agreement of both parties.
2. For the breach of the provision of the final service by the SERVICE PROVIDER with respect to an interested client when the service has been accepted.
3. For the lack of attention to the client interested by THE SERVICE PROVIDER of the possible damages and losses caused.
4. Due to the dissatisfaction of the SERVICE PROVIDER in obtaining interested clients from the ADVERTISING PLATFORM.
5. For the breach of the formal obligations of any of the parties.
The resolution will be carried out by mere communication through the digital platform. Despite the resolution, both parties will be forced to fulfill their previously assumed obligations.
SIXTH. Data Protection.
In compliance with the provisions of article 5 of Organic Law 15/1999, of December 13, Protection of Personal Data (LOPD), SESAMAX MARKETING SL informs you that the personal data you provide us with Throughout the provision of the service they will be collected in files whose manager is SESAMAX MARKETING SL., in order to use them for the purpose of the contractual relationship. In addition, THE SERVICE PROVIDER authorizes SESAMAX MARKETING SL. to send, by ordinary mail or mail, promotional information on the company’s services, as well as news of professional interest and to disseminate their professional profiles through the networks in order to achieve greater customer acquisition. Likewise, SESAMAX MARKETING SL is authorized. to transfer data provided by THE SERVICE PROVIDER to companies or public bodies in order to fulfill this contract. By virtue of the provisions of article 15 and following of the LOPD and in the terms indicated in its Development Regulations approved by Royal Decree 1720/2007, of December 21, at any time the owner of the personal data may exercise their rights of access, rectification, cancellation and opposition, by writing to street Profesor Juan Tadeo Cabrera 6, 35600 Puerto del Rosario Las Palmas or sending an email to the following email address: info@stopinparadise.com. Likewise, the SERVICE PROVIDER acknowledges that the information and personal data collected are accurate and truthful. For this reason, the SERVICE PROVIDER undertakes to immediately communicate any modification of your personal data so that the information contained in the files is always updated and does not contain errors.
SEVENTH. Jurisdiction
Both parties waive their own jurisdiction and expressly submit to the Courts and Tribunals of Puerto del Rosario to resolve any controversy that may arise when interpreting or complying with this contract.
And as proof of the agreement, both sign this contract in duplicate, in Puerto del Rosario, on __ of ___ of 20__.
Signed: The Service Provider Signed: The Platform