Contracting Parties:
Name:
Surname:
Name of company:
VAT No.:
Address:
Country:
Birthdate:
(hereinafter “the Represented Party” or „Producer“)
a
Trade name: THE OTHER WORLD KINGDOM s. r.o.
Head office: Třída T.Bati 385, 763 02 Zlín, Louky,
Czech republic
Company No: 634 72 643
VAT No.: CZ63472643
Registered at the County Commercial Court in Brno, section C, insert 20114
the Represented Party: Aleš Sadil
(hereinafter „Sales Representative“ or „DOMINITY.COM“)
entered into this
Contract on Business Representation
I.
The basic obligations of the Contracting Parties
1. The Sales Representative undertakes to develop the functions defined in Article II of this Contract for the Represented Party (hereinafter “Business Representation”), and to do so without any territorial restriction throughout the entire world.
2. By this Contract, the Represented Party undertakes to enable the Sales Representative to fully perform his function, to provide him with the necessary cooperation for this and to pay him a commission defined in this Contract for his activity.
II.
Business Representation
1. The performance of Business Representation includes the following obligations for the Sales Representative:
a) to develop activities for the Represented Party by means of the Internet using the web pages of the Sales Representative www.dominity.com aimed at making business transactions with third persons regarding the digital content (hereinafter only as goods) of the Represented Party (hereinafter “transactions” or individually as “transaction”);
b) to search for a party interested in making a transaction or transactions (hereinafter “customers") for the Represented Party, and to do so exclusively by means of the Internet using the web pages of the Sales Representative www.dominity.com;
c) to make the relevant transactions with individual customers in the name of the Represented Party and on his account
as well as other obligations resulting from this Contract and from relevant legislation, if it is connected in any way to making a transaction or transactions in the name of and on the account of the Represented Party with third Parties.
2. With regard to the fact that the liability of the Sales Representative requires the enforcement of legal tasks in the name of and on the account of the Represented Party, the Represented Party in this way grants the Sales Representative power of attorney authorizing him to execute such tasks.
This power of attorney applies throughout the period of effectiveness of this Contract.
3. A claim arises to the Sales Representative for commission at the instant when the third party purchases and pays for the goods of the Represented Party.
4. The Represented Party undertakes to provide all truthful text and pictorial information on his goods that are needed for a precise description and characteristics of each individual product to the Sales Representative.
5. The method of presentation of the goods by the Sales Representative will correspond to the nature of these goods and can be in text, pictorial and/or audio-visual form. If the nature of the goods allows it, the Sales Representative is authorized to procure and publicize samples of the goods on offer, the purpose of which is to increase the sale of the offered goods, on its web pages.
6. The Sales Representative undertakes to present the goods of the Represented Party on the Web page www.dominity.com in such a way that the Represented Party is clearly identified.
7. The sale price of the goods is determined in advance by the Represented Party and the Sales Representative is obliged to offer the goods for this price.
8. The Sales Representative undertakes to and is authorized to accept orders for goods of the Represented Party rendered by means of the Web pages of the Sales Representative www.dominity.com in the name of the Represented Party, and at the same time is also authorized to accept payments for the full amounts of goods in the name of the Represented Party. The Sales Representative is authorized to accept payments for goods of the Represented Party by whatever method.
9. The representative undertakes to send such a notification to the Represented Party without unnecessary delay after acceptance of order and payment, and to do so by email to the email address of the Represented Party. Such a notification must contain the order number, code and name of the sold goods.
III.
Further Commitments of the Parties
1. The Producer declares and assures the DOMINITY.COM that all persons pictured on the goods, the sale of which the Producer is aiming to achieve, were older than 18 years old on the day of being displayed, that these persons acted of their free will and that the author has settled with them all financial and other claims resulting from their actions in these materials. the Producer declares that goods supplied by him do not contain and do not portray underage persons, zoophilia, human excrement or other practices the provision, display or publication of which would be in conflict with Czech Republic legislation, the legislation of any country in which the Represented Party has his head office, or the legislation of any country in which the goods or part thereof were produced. If, subsequently, this declaration of the Represented Party reveals itself to be false, the Represented Party undertakes to fully compensate to the Sales Representative for damage that would originate to him by procedure of government authorities.
2. The Producer declares and assures the DOMINITY.COM that goods supplied by him do not damage the copyright of third persons.
IV.
Commission for the DOMINITY.COM
1. For the full performance of his obligations, a commission of 30% of the price excluding pertains to the DOMINITY.COM.
2. The DOMINITY.COM implements invoicing of commissions once a month, and always does so by the 10th day of the calendar month following the calendar month for which invoicing is implemented.
3. The Contracting Parties have agreed to include the debt of the DOMINITY.COM from the title of commission for activities according to this Contract with debt of the Producer for issuing payments that the DOMINITY.COM accepted from customers in the name of the Producer.
The DOMINITY.COM is obliged to send the amount pertaining to the Producer, lowered by the calculated commission (i.e. 70% from total sales excluding VAT), to the Producer and to do by bank transfer to the bank account of the Producer, unless it is not expressly agreed otherwise.
4. A claim for commission originates to the DOMINITY.COM at the instant when the third party pays for the goods of the Producer
5. From the due amount, which belongs to the producer (70% of the total sales rxcluding VAT), any chargebacks or refunds will be deducted prior to dispatch, performed additionally by the billing bank based on a complaint by the customer
6. If the Producer uses a bank account outside the European Union, the amount to be paid will be deducted by a fee of 25 USD for each bank transfer.
7. To the price of the clip for each end customer from the European Union, VAT will be added to the shopping cart on dominity.com at the % rate applicable in the customer's country of origin. His country will be determined by his IP address. This added and paid VAT will be remitted by dominity.com to the relevant tax authorities and the producer is not obliged to pay any further VAT on his share.
The existence and amount of VAT has no effect on the amount of the commission to dominity.com or the amount of the Producer's share of the sales. This is always determined and calculated on the amounts excluding VAT.
V.
Other Arrangements
1. The Producer expressly agrees to receive information emails from DOMINITY.COM to his contact email address
2. DOMINITY.COM is obliged to treat all data about the Producer in accordance with the European Commission's Privacy Policy - General Data Protection Regulation (GDPR), effective from May 2018
3. The Producer is obliged to follow the DOMINITY.COM policies for using the web, stated on this page in the Terms of Use section. DOMINITY.COM has the right to make any changes to these Terms of Use and is required to notify the Producer by email of any changes made.
4. DOMINITY.COM bears no responsibility for any damage caused to the Producer by server breakdown making the dominity.com website unavailable and the Producer promises not to claim such damage from the DOMINITY.COM.
VI.
Validity and Effect
1. This Contract is entered into for an indefinite period.
2. Whichever of the Parties is authorized to terminate the Contract by giving notice that must be made in writing. The notice period for both Contracting Parties is two (2) months from the first day of the calendar month following delivery of notice to the other Contracting Party.
3. The Sales Representative is furthermore authorized to withdraw from the Contract if the Represented Party breaches any of his obligations according to this Contract. Withdrawal from Contract cancels the Contract at the instant when withdrawal is delivered to the other party. Withdrawal from Contract must be made in writing and delivered to the other party.
4. Withdrawal from Contract, giving notice to leave the Contract, or any agreement by the Parties to terminate the Contract (unless it determines otherwise), do not affect the claim to damage compensation according to this Contract.
VII.
Final Provisions
1. The invalidity of whatever stipulation in this Contract does not affect its validity as a whole or the validity of any other of its parts.
2. The Contracting Parties declare that they have thoroughly familiarized themselves with the wording of this Contract and that their signature is an expression of their free will. The Contracting Parties declare that signing this Contract does not affect the rights of third Parties.
3. This Contract conforms to the Czech Republic legal code. The relevant authority for dealing with disputes originated on the basis of this Contract or in connection with it is the locally pertinent court of the Czech Republic, in the area of which is the head office of the Sales Representative.
4. Confirmation of the text stated above by clicking on „I CONFIRM STATEMENTS ABOVE“ fully replaces the users signature with all legal implications.
