TERMS & CONDITIONS

CLAUSE 1 – DEFINITIONS

In these Terms and Conditions the terms set out below have the following meaning:
Advertiser: a person or business wishing to promote his brand, product(s) and/or service(s) by means of an Advert.
Advert: a statement in the form of, for instance but not limited to, texts, audio, film, photograph, banners or buttons with regard to brands, products or services.
Advert Platform: the advert system used in connection with the provision of our Services.
Services: the services to Advertisers and Publishers to be provided by means of TrafficMagnetic.
I.P. rights: all intellectual property rights including, but not limited to, copyrights, trademark and trade name rights.
TrafficMagnetic, established in Portugal, Rua Luís Calado Nunes, Nº 48, 4.º Frt, 2870-350 Montijo, Portugal.
Publisher: a website holder who wishes to place Adverts on his website for a fee.
Website: the website of the Publisher on which Adverts are placed by means of the Advert Platform.
Agreement: the agreement with the Advertisers and Publishers on the basis of which we provide our Services.

CLAUSE 2 – APPLICABLE TERMS AND CONDITIONS

2.1 These Terms and Conditions are applicable to all our Agreements and quotations in connection with our Services in any form whatsoever.
2.2 Deviations from these Terms and Conditions are only valid if they have been agreed explicitly in writing.
2.3 We explicitly reject the applicability of any general (purchase) conditions of the Advertiser and/or Publisher.
2.4 We are entitled to amend these Terms and Conditions at any time. If an Advertiser and/or Publisher does not agree with an amendment, he will be entitled to terminate the Agreement in writing within 14 days after the amendment has been notified, as from the date on which the amendment will become effective.

CLAUSE 3 – FORMATION OF THE AGREEMENT

3.1 All our offers and quotations are without obligation unless explicitly stated otherwise.
3.2 An Agreement is formed when we accept an order by means of a confirmation in an e-mail or when we carry out the Agreement, whichever is the earlier. We will at any time be entitled to refuse an order for instance if the content of an Advert and/or Website is contrary to our policy rules, without our being obliged to give our reason for it and without the Advertiser and/or the Publisher being entitled to any compensation.

CLAUSE 4 – PROVISION OF THE SERVICES

4.1 At the request of the Publisher our service consists of searching the Website and publishing suitable Adverts on the Website, all this by means of the Advert Platform.
4.2 We offer our Services on an “as is” basis excluding any explicit or implied guarantees, undertakings or indemnifications of any nature whatsoever including, but not limited to: sufficient quality, suitability for a certain purpose or obtaining a certain result. In particular, we do not guarantee that the Service will operate without any interruptions, will be free of viruses and faults, and that faults can be remedied; neither do we guarantee that third parties will not use our Services unlawfully or that an Advert or Website complies at all times with the agreed specifications or positions.
4.3 We are entitled to refuse an Advert or a Website or remove or adjust an Advert without the Advertiser and/or Publisher being entitled to any compensation. We can decide this without stating any reasons or prior notification.
4.4 We are entitled to restrict or put the Service (temporarily) out of use for instance in connection with maintenance, without this creating any right to compensation.
4.5 We are entitled to assign the rights and obligations under this Agreement to a third party in connection with a take-over of our business.

CLAUSE 5 – USE OF AN ACCOUNT

5.1 The use of our Services is only allowed for persons above the age of 18 and is restricted to one single account per person or business. By using our Services the Advertiser and/or Publisher declare(s) that he is/they are at least 18 years of age and that he is/they are entitled to the use of our Services. We are entitled to refuse at any time to create an account and/or to stipulate conditions for opening an account and/or to close an account without our being obliged to state our reasons for doing so.
5.2 In connection with our Services, Advertisers and Publishers will receive a username and password. They must be kept safe with due care and should not be given to third parties. In the event that abuse or theft of the account is presumed, the Advertiser and/or Publisher must inform us immediately of this so that we can take suitable measures.
5.3 Advertisers and Publishers are themselves liable for the use that is made of the Service via their account. We are not liable for losses and/or damage resulting from abuse or theft of the username and/or password.
5.4 Advertisers and Publishers can terminate their account in writing at any required moment (via e-mail or letter) stating their account details. Credit balances on the account are refunded by us, less any amounts due to us.
5.5 All the I.P. rights with regard to the Services are exclusively owned by us. Advertisers and Publishers will only obtain a non-exclusive and non-transferable licence to use the Services.

CLAUSE 6 – PAYMENTS

6.1 All payments must be made in advance unless otherwise agreed in writing.
6.2 Prices are stated exclusive of VAT and any other applicable taxes or levies.
6.3 We are entitled to suspend the provision of Services in the event of delayed or incomplete payment.
6.4 Payments must be made by the methods indicated on our platform. Bank or transaction charges are borne by the Advertiser.

CLAUSE 7 – ADVERT CONTENT AND COMPLIANCE

7.1 The Advertiser is fully responsible for the content of all Adverts.
7.2 Adverts must comply with all applicable laws and regulations and must not contain illegal, offensive, or misleading content.
7.3 We reserve the right to remove or refuse any Advert that we consider inappropriate or in breach of our policies.

CLAUSE 8 – INTELLECTUAL PROPERTY

8.1 All intellectual property rights related to the Services, platform, and software remain the exclusive property of TrafficMagnetic.
8.2 Advertisers and Publishers receive only a limited, non-exclusive, non-transferable right to use the Services as provided.

CLAUSE 9 – LIABILITY

9.1 We are not liable for any indirect, consequential, or incidental damages, including but not limited to loss of profits or data.
9.2 Our total liability shall never exceed the total amount paid by the Advertiser under the Agreement during the preceding three months.

CLAUSE 10 – FORCE MAJEURE

10.1 We shall not be liable for any delay or failure to perform our obligations due to causes beyond our reasonable control, including but not limited to natural disasters, war, strikes, or technical failures.

CLAUSE 11 – TERMINATION

11.1 Either party may terminate the Agreement in writing with immediate effect if the other party materially breaches any provision of these Terms and fails to remedy such breach within 14 days of notice.
11.2 Upon termination, all outstanding amounts shall become immediately due and payable.

CLAUSE 12 – CONFIDENTIALITY

12.1 Both parties agree to keep all non-public information strictly confidential and not disclose it to third parties without prior written consent.

CLAUSE 13 – PRIVACY AND DATA PROTECTION

13.1 We process personal data in accordance with applicable data protection laws and our Privacy Policy, available on our website.

CLAUSE 14 – GOVERNING LAW AND JURISDICTION

14.1 These Terms and Conditions are governed by the laws of Portugal.
14.2 Any disputes arising from or relating to these Terms shall be submitted to the competent court in Lisbon, Portugal.

CLAUSE 15 – MISCELLANEOUS

15.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15.2 Headings are included for convenience only and do not affect interpretation.
15.3 Failure to enforce any right or provision shall not constitute a waiver of that right or provision.

CLAUSE 16 – REFUND POLICY

16.1 TrafficMagnetic is entitled to 20% of the required refund amount as a processing fee.
16.2 Accounts with more than 6 months of inactivity are not entitled to a refund.
16.3 Users have 6 months after their last payment date to request a refund of their balance. After this period, refunds are not available.
16.4 To be eligible for a refund, the advertiser’s investments over the last 30 days must represent more than 20% of their total balance.
16.5 Any invocation by the Advertiser of suspension, set-off or deduction is not allowed. Amounts already paid in connection with orders placed will not be refunded.
16.6 Refunds will only be issued for balances greater than €50 (fifty euros).
16.7 Cryptocurrency payments are non-refundable.