General Terms and Conditions of Referral “GTCR”
Summary
The present General Terms and Conditions of Referral (hereafter “GTCR”) are applicable to the dealings between the Referrer and the company Ringover Inc., registered in the State of Delaware, whose registered office is located at 185 ALEWIFE BROOK PARKWAY STE 210 CAMBRIDGE MA 02138, (hereafter “Ringover”).
The Referrer acknowledges having read and unreservedly accepted the GTCR. Such acceptance is validated upon sign-up for the Referral Program, either by ticking the box marked "I accept," by clicking the button presented alongside these terms, or by voluntarily participating in the Program. The date on which any of these actions is first taken constitutes the "Effective Date."
I. Definitions
The “Parties” collectively designates Ringover and the Referrer.
The “Referral Program” designates the operation according to which the Referrer recommends Ringover’s services to a Referee in exchange for benefits described in the GTCR.
The “Referred Person(s)” refers to prospects who are not Ringover customers, recommended by the Referrer through the Referral Programme and who meet the conditions described in these GTCR.
The “Referrer” designates the person wishing to participate in the Referral Program.
The “Service” designates the entirety of services offered by Ringover that are accessible through the website ringover.com and the Ringover iOS and Android applications.
II. How the Referral Programme works
The Referral Program allows a Referrer to recommend the Ringover Service by providing non-client leads to Ringover in order to benefit from a reward as described in Appendix 1 hereof.
III. Referral Programme Conditions
a) Eligibility
Participation in the Referral Programme is open to any Referrer, provided that the proposed Referred Person is not already present in the Ringover database and/or has not already been contacted in the past, directly or indirectly, by the Ringover team or Ringover’s business partners during the twelve (12) months preceding his/her registration in the Referral Programme.
To do this, the Referrer can add the Referred Person’s contacts either manually and directly on the Platform.
The Referrer will be eligible to receive a reward only if the Referred Person is accepted by Ringover as a Qualified Lead. "Qualified Lead" means a Lead that:
(a) satisfies all requirements of these Terms;
(b) participates in a substantive discovery call, meeting, or written qualification process with Ringover within six (6) months after the Referral Submission Date;
(c) confirms a qualifying project; and
(d) is accepted by Ringover in writing as a Qualified Lead.
The Referrer may not recommend a Referred Person belonging to the same legal entity as him/her.
Ringover reserves the right to refuse a referral request without having to justify this refusal or notify the Referrer.
Ringover resellers, distributors and partners are excluded from the Referral Programme.
Any questions related to the Referral Program should be addressed to customer service by email: support@ringover.com.
b) Ringover’s commitment
For each Referred Person meeting the above criteria and accepted by Ringover, the latter undertakes to pay the Referrer the reward due, as indicated in Appendix 1 hereto.
Rewards will be sent to the Referred Person according to the contact details provided when participating in the Referral Programme.
c) Referrer’s commitment
The Referrer agrees to strictly avoid any fraudulent, abusive, illegal or ill-intended use of the Referral Program. The Referrer may not claim to benefit from the Referral Programme by publishing material on the Internet or any other public network about the Referral Programme without Ringover’s prior authorisation or for the sole purpose of obtaining the reward.
IV. Duration and Termination of the Referral Program
The Referral Program is carried out non-exclusively for an indefinite period.
Ringover reserves the right to modify the conditions of the Referral Program at any time. If applicable, the updated conditions will be made available on the Ringover website.
Ringover also reserves the right to terminate the Referral Program at any time, without notice. In case of termination of the Referral Program, the Referrer will no longer be entitled to the benefits thereof.
V. Taxes
The Referrer is solely responsible for all relevant taxes associated with the award and payment thereof. The value of the award may be treated as ordinary income to the Referrer for income tax purposes. The Referrer will cooperate with Ringover as reasonably requested by Ringover for purposes of Ringover’s compliance with applicable tax law.
VI. Personal data
In the context of the use of the Referral Programme, Ringover is required to collect and process certain personal data from the Referred Person and the Referrer in compliance with applicable law. For more information on the use of personal data, please refer to the Ringover Privacy Policy available here: https://www.ringover.com/privacy.
Any request relating to the processing of data within the framework of the Referral Programme should be sent by e-mail to the following address: dpo@ringover.com.
VII. Liability
The Referrer acknowledges that he/she assumes full responsibility for the content of the information transmitted when participating in the Referral Programme. Ringover shall not be held liable, directly or indirectly, for any damage caused to the Referrer, the Referred Person or a third party in connection with the execution of the Referral Programme.
VIII. Applicable law and jurisdiction
The GTCR are governed by the laws of the State of New York, without regard to conflict of law rules. Any dispute arising out of this agreement will be brought exclusively in the federal or state courts located in New York City, and each Party irrevocably submits to the jurisdiction of those courts.
IX. Miscellaneous
a) Severability
In the event that any clause of these GTCR is invalidated by a court of competent jurisdiction, the other clauses shall remain in full force and effect. In addition, the Parties shall, if possible, substitute an equivalent clause that is valid and corresponds to the purpose of the GTCR.
b) Force Majeure
Neither Party shall be liable for any failure or delay in performance caused by an event constituting Force Majeure, pursuant to Article 1218 of the French Civil Code, such as but not limited to: exceptional bad weather, natural disasters (lightning, flood, fire, etc.), computer viruses as well as electromagnetic or electrical phenomena disrupting networks, legal restrictions on the supply of telecommunications services in addition to events triggering the application of local or national plans for maintaining the continuity of telecommunications services.
c) Absence of subordination
The GTCR do not create any subordination between the Parties. Each Party retains its full and complete autonomy in relation to the other.
d) Good faith
The Parties expressly undertake to perform the GTCR in good faith and with loyalty.
e) Intuitu personae
The conclusion of the Referral Program is intuitu personae. Therefore, the Referrer cannot transfer to a third party any element of their rights or obligations.
Appendix 1: Rewards
The Referrer may choose between the following rewards:
- Amazon gift card, or
- Donation to charity.
The amount of the reward will be calculated as follows:
- For 1-10 license(s) subscribed to by the Referred Person with a time commitment, the amount of the reward will be equivalent to $50.
- For 11-100 licenses subscribed to by the Referred Person with a time commitment, the amount of the reward will be equivalent to $100.
- For more than 100 licenses subscribed to by the Referred Person with a time commitment, the amount of the reward will be equivalent to $200.
The reward will be granted as soon as the Referred Person signs the subscription contract for the Services with a time commitment.
The total amount of rewards paid to the Referrer may not exceed $2,000 per calendar year.