Terms of service
General service and purchase agreements of MH/s installments, miners and operation of cryptocurrency.
1. INVIA GMBH is a service provider and service company for the sale and servicing of hardware and software (so-called miners) whose computing power is suitable for generating cryptographic currencies based on blockchain technology (mining process). The computing power of the miners is given in mega hash per second (MH / s). 2. The customer participates in the “Miner”, which calculates the next block for the Blochchain and spends energy to get crypto currencies from the net. The speed of the offered billing performance (hash power) of the miner is on average 115MH / s. The service of this takes place in China. 3. INVIA GMBH offers the buyer debt collection of cryptocurrencies. The participation in the distribution of the coins mined by the miner is: 3 MH / s is € 100.- 19MH / s is € 600.- 115 MH / s is € 3500.-
§ 2 Contract period
This contract is concluded for an indefinite period, but at least for a term of 24 months from the date of commissioning. If the buyer terminates after 24 months, the termination must be made 3 months before the end of the 24 months. If the buyer does not cancel in writing before the end of the 24 months, this contract is automatically extended for another 12 months. After 36 months, from today’s perspective, due to the technology and economic life of the hardware, the contract is automatically terminated. (see §10)
§ 3 Commissioning
of the cryptocurrency (Coin) takes place usually 6 weeks after receipt of money on the account the INVIA GMBH. If there are delays the buyer will be informed immediately.
§ 4 Buyer’s Right of Withdrawal
The buyer is entitled to a 14-day withdrawal after conclusion of the contract. The resignation must be in writing. How to declare withdrawal The withdrawal can be declared by the consumer using the statutory model withdrawal form. The declaration must be in writing.
§ 5 Assignment of the Coins Created by the Purchaser
The crypto currencies (Coins) generated by the purchaser arise for technical reasons in the electronic receiving or depository (so-called eWallet) of the INVIA GmbH. The parties agree to the fiduciary custody of the coins generated by the buyer until the date of their payment to the buyer. The coins are, however, already from the moment of their creation, as belonging to the assets of the buyer. The parties expressly exclude any right of INVIA GmbH to dispose of the coins or otherwise use them as their own assets.
§ 6 Distribution of the coins to the buyer
INVIA GMBH undertakes to distribute the coins generated by the buyer on an ongoing basis to the buyer. For this purpose, the buyer deposits the INVIA GmbH an electronic reception and depository (eWallet). The respective eWallet address (per crypto currency) must be stored in the dashboard. A provider for Exchange and eWallet can be chosen freely by each customer.
§ 7 Service and maintenance
INVIA GMBH is responsible for the maintenance of the corresponding technical equipment (software / hardware), which is necessary for the above-mentioned service. The buyer also acknowledges that the above mentioned services are provided on the best possible basis (best effort). Due to the different availability of the mining power, the output of the coins can vary up to a maximum of 10%. Otherwise, INVIA GMBH will ensure that it maintains all facilities and relevant supplies in orderly operation in order to avoid any of the above volatility with the care it applies in its own business.
§ 8 Service and maintenance fees
The generated coins are calculated from the generated coins, minus the running costs (electricity, rent, internet, service and pool fees) The customer receives 80% of the daily generated cryptocurrency The remaining 20% will be used for the service expenses as well as the Provision of the entire infrastructure used for the operation of the cryptocurrencies. Required infrastructure includes: • 24-month warranty on all tools used to run cryptocurrencies • Provision, setup and commissioning of complete miners • Connections to mining pools • Provision and ongoing configuration of mining software • Miner’s monitoring software • Miner maintenance and troubleshooting 24 / 7 • Maintenance costs • Security costs (24-hour security) • Insurance premiums • Personnel, distribution and marketing costs • Ongoing cryptocurrency payments • Subject to change costs to other cryptocurrencies • Dismantling and disposal of defective components • Customs duties and shipping costs to the mining facility
§ 9 Limitation of Liability
INVIA GMBH undertakes to keep the services on the best possible basis for assessment, any liability of INVIA GMBH is hereby and / or in connection with this contract limited to intent and gross negligence. Furthermore, INVIA GMBH is not liable for damages caused to the customer by force majeure, which include any disruption or breakdown of a coin market. § 10 Termination & Termination INVIA GMBH may terminate this Agreement with immediate effect if the coins generated in the previous 60 days are insufficient to pay all fees under §8. Otherwise, this Agreement may be terminated by one of the parties for good cause only. For customers with a computing power of less than 20 MH / S this possibility does not exist. In the event of termination pursuant to § 2, or termination by the buyer and a voluntary declaration of consent of INVIA GmbH, a processing fee of 100 euros per 20 MH / S is due.
All communication between INVIA GMBH and the buyer takes place in writing with e-mail and other electronic messaging services (text form).
The buyer agrees to provide his personal data under this contract for the purpose described herein, and also agrees until the revocation at any time beyond the storage of his data in excess of the above provision. Should INVIA GmbH demand further data in connection with the provision of its services, the customer must immediately provide the relevant data requested by INVIA GMBH. General team partner and service conditions including differing jurisdiction agreement Preamble / ethical rules We welcome you in the name of our company as a new commercial contract partner (future team partner) and wish you the best possible success as an independent team partner of INVIA GmbH, Graben 12, 1010 Vienna, Austria, represented by its managing director Mr. Stefan Huber, business resident there (in the following: INVIA GmbH) and above all a lot of joy in the distribution of our crypto offer. In the distribution of our offer and the contact with other people for us always the consumer-friendliness and safety, seriousness, a fair coexistence with each other and in the entire environment of network marketing as well as the observance of the laws and good morals always in the foreground. Therefore, we would like to ask you to read the following ethical rules, as well as our General Terms and Conditions, and to make the guidelines your daily leitmotif for the performance of your duties. Ethical Rules for Dealing with Consumers • Our team partners honestly and sincerely advise their team partners and clarify any misunderstandings about benefits, business opportunities or other statements during a counseling session. • The team partners present themselves in personal and telephone contact with the consumer at the beginning of the sales pitch unsolicited and truthfully by name and as a distributor of INVIA GmbH. They also disclose the business purpose of their visit or call at the beginning of the sales pitch and make it clear which services should be offered. • At the request of a team partner, a sales talk is dispensed with, the conversation postponed or a conversation started in a friendly manner. • Team partners never behave intrusively. In particular, visits and telephone contacts must take place at appropriate times, unless the consumer has expressly requested otherwise. The companies or their team partners call a consumer for advertising purposes only with his prior express consent. The phone number of the caller is to be transmitted here. • During a team-partner contact, the team partner informs the consumer about all points concerning the goods (for example, intended use, nature, application) or – at the request of the consumer – the possibility of distribution. • All information about the services must be comprehensive and true. A team partner is prohibited from making misleading statements or even promises in any form regarding the achievements. • A team partner may not make any claims about services or their properties or effects, unless they have been approved by INVIA GmbH. • Team Partners will only refer consumers to letters of recommendation, test results or other persons for business purposes if they are authorized by both the Referencer and INVIA GmbH, they must be accurate and not outdated. Recommendation letters, tests and personal references must always be in context to their intended purpose. • Consumers are not prompted to accept products by dubious and / or misleading promises, nor by promises of special benefits, if those benefits are linked to future, uncertain achievements. The team partners will refrain from anything that could determine the consumer to accept the offer made only to do the personal favor of the provider, to end an unwanted conversation or to enjoy an advantage that is not part of the offer or in order to be grateful for the benefit of such an advantage. • A team partner may not disclose information about their compensation or potential compensation of other team partners. Furthermore, a team partner may not guarantee any compensation, promise or otherwise stir up expectations. • Team Partners take care of commercially inexperienced people and do not take advantage of their age, illness or limited discretion to induce them to sign a contract. • In contacts with so-called socially disadvantaged or foreign-language population groups, the team partners will take due consideration of their financial capacity and their insight and language comprehension skills and in particular omit anything that could cause the members of such groups to make their orders unsuitable. Ethical rules for dealing with team partners • Team partners always treat each other fairly and respectfully. The above also applies to dealing with team partners of other network marketing companies. • New team members are truthfully informed about their rights and obligations. Information on possible sales and employment opportunities are to be omitted. • No verbal assurances may be made regarding the services of INVIA GmbH. • Team Partners are not allowed to recruit team partners from other companies. Furthermore, team partners are not allowed to move other team partners to change a sponsor within INVIA GmbH. • The duties of §§ 7-10 of the following General Terms and Conditions of Team Partners must always be observed as ethical rules. Ethical rules for dealing with other companies • To other companies in the network marketing area, the team partners of INVIA GmbH always behave fairly and honestly. • Systematic recruitment of team partners from other companies will be omitted. • Reductive, misleading or unfair comparative statements about services or distribution systems of other companies are prohibited. Preceding these ethical rules of our company, we would now like to familiarize you with the general team partner and delivery conditions of INVIA GmbH.
§ 1 Scope
(1) The following General Team Partner and Delivery Terms are part of each team partner agreement between the INVIA GmbH, Graben 12, 1010 Vienna, Austria, represented by its Managing Director Mr. Stefan Huber business resident there (in the following: INVIA GmbH) and the independent and independent team partner. (2) INVIA GmbH provides its services exclusively on the basis of these General Terms and Conditions.
§ 2 Subject matter of the contract
(1) INVIA GmbH is an innovative company offering the operation of crypto currency in Europe and other countries through a team partner network. The team partner is to mediate and resell services for INVIA GmbH, so that the resale and mediation of the operation of crypto currency, the basis of his business, without any obligation to obtain benefits. For its activity as a reseller, the team partner receives a corresponding margin of purchase and sale prices for each successful resale. For his activity as a mediator, the team partner receives a corresponding commission for each successful placement. To become a team partner, anyone can register with INVIA GmbH if he is an entrepreneur. For the above activity it is not necessary to recruit other team partners. In addition, this activity does not require the team partner to make financial expenditures beyond the not inconsiderable costs required for the starter set or to accept a minimum number of services from INVIA GmbH. All you need to do is register. (2) In addition, there is the possibility but not the obligation to promote other team partners. For this activity, the advertising team partner receives a corresponding commission on the turnover of the recruited team partner upon reaching the required qualification. For advertising, however, no commission is expressly made. The commission as well as the method of payment depends on the compensation plan that is valid at the time. (3) In addition to a selection of starter sets, each of which includes a heavily discounted selection of miners for each starter set, INVIA GmbH provides the team partner with an up-to-date back-office that enables the team partner to take up and carry out their activities and have a comprehensive overview of its sales, commissions and team partner and downline developments, as well as a landing page available. Optional, without any obligation.
§ 3 General Conditions for the Conclusion of a Contract
(1) A contract is possible with legal persons, partnerships or natural persons, who or those responsible have reached the age of 18 and are entrepreneurs. A contract by consumers is not possible. Each natural or legal person is only entitled to acquire a position within the sales structure of INVIA GMBH. (2) If a legal entity (for example GmbH, AG, Ltd.) submits a team partner application, the corresponding commercial register extract about the registration as well as the sales tax identification number are to be presented in copy. The applicant must be at least 18 years old. The partners are personally liable for the conduct of the legal entity. (3) In the case of partnerships (eg GbR, OHG, KG), the corresponding commercial register extract of the registration as well as the sales tax identification number must also be provided in copy, if available, and all shareholders must be mentioned by name. The applicant must be at least 18 years old. The partners are personally liable to each other for the conduct of the partnership. (4) As far as online order or order forms are used, these are considered as part of the contract. (5) The team partner can only register online for being a team partner at INVIA GmbH. When registering, he is obliged to complete the team partner application completely and duly and to forward it to INVIA GmbH in the electronically prescribed way. In addition, the team partner accepts the General Terms and Conditions of the Partnership by taking appropriate active check-marks before completing the registration process and accepts them as part of the contract. (6) Changes to the relevant personal data of the team partner are as far as possible – immediately in the back office of INVIA GmbH at the place specified and otherwise INVIA GmbH to report immediately. (7) INVIA GmbH reserves the right to reject any Teampartner applications in its sole discretion without any reason. (8) In the event of a breach of the obligations set out in paragraphs (1) to (5) and (7), INVIA GmbH shall be entitled without prior warning to terminate the team partner contract without notice and to reclaim any commissions paid out. In addition, INVIA GmbH expressly reserves the right to assert further claims for damages in this case of termination without notice.
§ 4 Status of the team partner as an entrepreneur
(1) The team partner acts as an independent and independent entrepreneur. The parties agree that the team partner initially works part-time. He is neither an employee nor a sales representative or broker of INVIA GmbH. There are no sales targets, purchase or other duties. The team partner, with the exception of the contractual obligations, is not subject to instructions from INVIA GmbH and bears the full entrepreneurial risk of his business dealings, including the obligation to pay all his business expenses and the obligation to pay his employees properly if he employs them. The team partner has to set up and operate his business in the sense of a proper businessman, which also includes the operation of his own office or a workplace managed in the sense of a proper businessman. (2) The team partner is an independent entrepreneur for the compliance with the relevant legal provisions including the tax and social law requirements (eg obtaining a VAT registration number or registration of his employees in social security, as well as for obtaining a business license, if necessary) and for the Any application for a travel business card (if necessary) on your own responsibility. In this respect, the team partner assures that all commission income that he generates in the course of his work for INVIA GmbH is duly taxed at his registered office. INVIA GmbH reserves the right to deduct from the agreed commission the respective amount for taxes and levies or to claim damages or reimbursement of expenses that accrue to it through a violation of the aforementioned provisions, unless the team partner has the damage or the expenditure not responsible. INVIA GmbH does not pay any social security contributions for the team partner. The team partner is not authorized to make statements or make commitments on behalf of INVIA GmbH.
§ 5 Inclusion of the Compensation Plan
(1) The INVIA GmbH compensation plan and the requirements contained therein are also expressly part of the team partner contract. The team partner must always comply with these specifications in accordance with the currently applicable version. (2) By sending the online application to INVIA GmbH, the team partner assures at the same time that he has taken note of the INVIA GmbH compensation plan and accepts this as part of the contract. (3) INVIA GmbH is entitled to change the INVIA GmbH -Teampartner GTC and the INVIA GmbH compensation plan at any time. INVIA GmbH will announce changes to the compensation plan with a reasonable deadline. The team partner has the right to object to the change in the compensation plan. In the case of opposition, the team partner is entitled to terminate the contract at the time of the entry into force of the change. If he does not cancel the contract within four weeks after the effective date of the change, the team partner expressly accepts the change.
§ 6 Use of the landing page and the back office
(1) The team partner acquires a right to use the back office and the landing page provided to him during the contract period. The right of use is a simple, non-transferable right of use related to the specific back office; the team partner has no right to change, edit or otherwise redesign the back office nor any right to grant sublicenses.
§ 7 Duties of the team partner in the context of advertising and general duties
(1) The team partner is obliged to protect his personal passwords and login identifiers from access by third parties. (2) The team partner is prohibited from violating the rights or the property (including the technical infrastructure) of INVIA GmbH, its team partners, affiliated companies or other third parties, harassing third parties or otherwise violating any applicable law. In particular, the team partner is not permitted to make false or misleading statements about INVIA GmbH services or the distribution system. As part of its sales activities as well as in the context of its structural work, the team partner will only make statements about the services of the INVIA GmbH range and about the INVIA GmbH distribution system, which correspond in content to the specifications in the INVIA GmbH advertising and information materials. Furthermore, the misuse or the taking of illegal acts, such as prohibited the use of unauthorized or unfair advertising. (3) Furthermore, the prohibition on sending unwanted advertising e-mails, advertising social media messages; Promotional faxes or promotional SMS (spam). (4) The use, production and distribution of own sales documents, own internet pages, own product brochures, product labels or other self-created media and advertising material is not permitted to the team partner. The application of INVIA GmbH services on own or foreign internet sites is prohibited and advertising is only allowed on the official pages of INVIA GmbH. In the event that the team partner services of INVIA GmbH in other Internet media such. He may only use the official INVIA GmbH advertising messages if he is promoting social networks (such as Facebook, Instagram), online blogs or chat rooms. Furthermore, when applying to other Internet media, the team partner must expressly point out that this is not an official advertisement or presence of INVIA GmbH. (5) Advertising in electronic media and mass media is only permitted to a limited extent. The team partner may not advertise the services of INVIA GmbH by TV, cable TV, radio, newspaper, e-mail or other forms of electronic media or mass media without prior written permission. The license may be withheld at the discretion of INVIA GmbH without any justification. (6) The offers of INVIA GmbH may be revoked in the context of applicable law in the face-to-face business or events or in online webinars presented by the team partners and mediated or sold. The dashboard may also be presented by the team partner at trade fairs and trade shows. (7) The team partner is obliged to identify himself in business dealings as an “Independent Team Partner of INVIA GmbH”. Websites, stationery, business cards, car graphics as well as advertisements, advertising material and the like must in principle have the suffix “Independent Team Partner of INVIA GmbH”. (8) The team partner is further prohibited from making advertising about earnings opportunities or information on his commissions to third parties, in particular in connection with advertising measures, in particular, it is prohibited to guarantee income or commission checks to prove the success or success of a third party use. A team partner may not claim that the compensation plan or benefits of INVIA GmbH are approved, endorsed or endorsed by a governmental authority. (9) The team partner is further prohibited from applying for and accepting loans on behalf of INVIA GmbH for or in the interest of or on behalf of the company, to make any expenditure, to enter into obligations, to open bank accounts, to conclude contracts or to submit other declarations of intent. (10) All travel expenses, expenses, office costs, telephone costs or other expenses for advertising materials are to be assumed responsibly by the team partner. (11) The team partner is not authorized in business dealings to name brands of competing companies negative, degrading or otherwise unlawful or to evaluate other companies negatively or downgrading. (12) All presentation, advertising, training and film material etc. (including the photographs) of INVIA GmbH are protected by copyright. They may not be reproduced, distributed, made public or changed or edited by the team partner without the express written consent of INVIA GmbH beyond the contractually granted right of use. (13) The use (or modification) of the mark INVIA GmbH, one of the registered trademarks, product names, work titles and business designations of INVIA GmbH is only permitted with explicit written consent beyond the explicitly provided advertising materials and other official INVIA GmbH documents , In particular, it is not permitted to use the identifier INVIA GmbH, one of the registered trademarks, product names, work titles and business designations of INVIA GmbH in identical, similar or modified form as part of the company, the e-mail or for entries in telephone and trade directories use. The same applies to the URL (Universal Resource Locator = web address) as well as the domain or subdomain name of a website. (14) Furthermore, the registration of own trademarks, work titles or other industrial property rights that contain a trademark, product name, work title or business name of INVIA GmbH registered or otherwise protected in another country / territory is prohibited. The aforementioned prohibition applies to identical as well as similar signs or services. (15) The team partner is not allowed to respond to press inquiries about INVIA GmbH whose services, the INVIA GmbH marketing plan or other INVIA GmbH services. The team partner is obliged to forward all press inquiries to INVIA GmbH without delay. In addition, the team partner will publicly (eg television, radio, Internet forums) comment on INVIA GmbH, the services of the INVIA GmbH range and the INVIA GmbH distribution system only after prior written consent of INVIA GmbH. (16) The team partner may only advertise and distribute services for INVIA GmbH in such states or win new team partners who have been officially opened by INVIA GmbH. In case of doubt, the team partner must ask INVIA GmbH if he wants to “open” new land, if this land has been officially opened. (17) The team partner shall notify the location, time and content of advertising events that are addressed to the general public in good time before the invitation of the INVIA GmbH management is published in the event planning system provided by INVIA GmbH. INVIA GmbH may demand changes or waiver of the event, if this is necessary in the interests of the company and the INVIA GmbH -Vertriebsorganisation together with its members. (18) A team partner can register again with INVIA GmbH after termination of his old position. The prerequisite is that the cancellation and the confirmation of termination by INVIA GmbH for the old position of the team partner were at least 12 months ago and that the terminating team partner did not carry out any activities for INVIA GmbH during this time. (19) The team partner is always prohibited from selling or otherwise distributing own marketing and / or sales documents to other team partners of INVIA GmbH. (20) The use of paid telephone numbers for the marketing of the activity or services of INVIA GmbH is not permitted. (21) The team partner is obliged to inform INVIA GmbH promptly and truthfully of violations of the rules of the General Terms and Conditions of the Partnership and Delivery and of the INVIA GmbH Code of Conduct and all other provisions of the company.
§ 8 Non-competition / Acquisition / Sale of Third Party Services
(1) The team partner is permitted to distribute goods and / or services for other companies, including network marketing companies that are not competitors. (2) Notwithstanding the permission formulated in paragraph 1, the team partner is not allowed to distribute products or services of other companies to other INVIA GmbH team partners. (3) Insofar as the team partner works for several companies or network marketing companies at the same time, he undertakes to design the respective activity (together with his respective downline) in such a way that there is no connection or mixture with his activity for the other company. In particular, the team partner may not offer other than INVIA GmbH products at the same time in the same place or in the immediate vicinity or on the same website, Facebook page, other social media platform or Internet platform. (4) In addition, the team partner is prohibited; to lure other INVIA GmbH team partners for the distribution of other products. The team partner agrees that if he disavows or motivates one or more team partners to place themselves in sales structures of competing companies, to waive all bonus payments (including bonus alternatives). (5) The team partner is also prohibited from breaching any other team partners or other distribution agreements he has concluded with other companies and whose terms are still effective by entering into a team partner agreement. (6) If the team partner is working for another company in addition to his activities for INVIA GmbH, he is obliged to report the activity to INVIA GMBH, naming the other companies.
§ 9 Confidentiality
The team partner must maintain absolute confidentiality regarding business and trade secrets of INVIA GMBH and its structure. Business and trade secrets also include, in particular, the information about the downline activities and the information contained therein, the team partner and contract partner data as well as the information about business relationships of INVIA GMBH and its affiliated companies with its suppliers, manufacturers and suppliers. This commitment continues even after termination of the team partner agreement.
§ 10 Team Partner Protection / Cross-Line Sponsoring / Bonus Manipulation
(1) The active team member who wins a new team partner for the first time for the sale of the products of INVIA GMBH will be assigned to the new team partner according to the compensation plan and the specified placement requirements (team partner protection). the date and time of receipt of the registration application by the new team partner at INVIA GMBH apply to the allocation. (2) INVIA GMBH is entitled to delete all personal data, including the e-mail address of a sponsored team partner, from its system if advertisements, cover letters or e-mails with the words “delayed”, “deceased”, “not accepted” , “Unknown” or similar be returned and the new recruited team partner or the sponsor is not corrected within a reasonable period of 14 days, the incorrect data of the newly recruited team partner. Insofar as INVIA GMBH incurs costs due to undeliverable commercial mail, it is entitled to reclaim the costs, unless the incorrect delivery was made without fault. (3) Furthermore, cross-line sponsoring and the attempt to do so within the company is prohibited. Cross-line sponsorship means acquiring a natural or legal person or partnership that is already a team partner at INVIA GMBH in another distribution chain or has had a team partner agreement within the last 12 months. It is also forbidden to use the name of the spouse, relatives, trade names, corporations, partnerships, trust companies or other third parties in order to circumvent this provision. (4) Bonus manipulation is prohibited. This includes, in particular, the sponsoring of team partners, who in fact do not even practice the INVIA GMBH business (so-called “straw men”), as well as open or concealed multiple registrations, as far as this is prohibited. It is also prohibited in this respect to use the name of the spouse, kinship, trade names, corporations, partnerships, trust companies, or other third parties to circumvent this provision. It is also prohibited to induce third parties to sell or purchase services in order to achieve a better position in the compensation plan, to manipulate the group bonus or otherwise to effect a bonus manipulation. (5) The team partner is not entitled to territorial protection.
§ 11 Warning, contractual penalty, damages, indemnification
(1) In case of a first violation of the obligations of the team partner regulated in § 7 a written warning by the INVIA GMBH takes place with setting a period of 10 days to remedy the breach of duty. The team partner undertakes to replace the warning costs, in particular the attorney fees incurred for the warning. (2) It is expressly referred to § 16 paragraph (3), according to the INVIA GMBH in case of a breach of the regulated in § 8, 9 and 10 (3) and (4) obligations as well as in a particularly serious violation of the in § 7 regulated duties, other applicable contractual or statutory right without prior warning to extraordinary termination is entitled, but at its discretion, the measures under § 11 (1) is entitled to take on a first-time breach of duty. Notwithstanding the immediate right of extraordinary termination as set out in § 16 (3), INVIA GMBH has the right, in individual cases at the occurrence of one of the aforesaid breaches of duty at its own discretion prior to the notice of extraordinary termination, to issue a warning within the meaning of subsection (1), including a shortened period for rectification pronounce. (3) If, after expiry of the period for remedy set by the warning, the same or a similar infringement occurs again or if the originally abused infringement is not remedied, a contractual penalty of € 5,100.00 will be payable immediately. In addition, further legal fees are incurred for the enforcement of the contractual penalty, which the team partner is obliged to replace. (4) In addition to the contractual penalty, the team partner is liable for all damages incurred by INVIA GMBH as a result of a breach of duty within the meaning of §§ 7 – 9 and § 10 paragraphs 3 and 4, unless the team partner is not responsible for the breach of duty. (5) The team partner shall indemnify INVIA GMBH for any claim against third parties for breach of any of the obligations set forth in §§ 7 – 9 and § 10 paragraphs 3 and 4 or any other breach of applicable law by the team partner first request of INVIA GMBH from liability. In particular, the team partner undertakes to assume all costs, in particular legal fees, court costs and damages, incurred by INVIA GMBH in this connection.
§ 12 Adjustment of prices and commissions
INVIA GMBH reserves the right, in particular with regard to changes in the market situation and / or license structure, the prices to be paid by the team partner or the commission shares allocated to the services, the compensation plan or user fees at the beginning of a new billing period to change. The change is communicated by INVIA GMBH to the team partner within a reasonable period of time prior to the change. Increases in prices by more than 5% or changes to the compensation plan to the detriment of the team partner give the team partner the right to object to the change. If he does not object to the changed conditions within one month of the announcement, these become part of the contract. Changes known at the time the team partner agreement is concluded are not subject to notification and do not constitute a right of objection for the team partner. In the event of a disagreement, INVIA GMBH is entitled to terminate the contract extraordinarily at the time when the amended or supplementary terms and conditions come into force. The commission statements are carried out every Monday. After expiry of the minimum retention period of 14 days, the commission is posted to the internal clearing account. After that you can apply for the payout.
§ 13 Advertising material, grants
All free advertising material and other donations of INVIA GMBH can be revoked at any time with effect for the future.
§ 14 Remuneration / terms of payment / commission payment modalities / prohibition of assignments
(1) As compensation for his activity, the team partner receives commissions and other remuneration upon reaching the required qualifications, including the respective qualification requirements from the INVIA GMBH compensation plan. All commission claims result from the respectively valid compensation plan, which the team partner can call up in his back office, and which can be viewed in the back office. Payment of the fee covers all costs of the team partner for the maintenance and execution of his business, unless otherwise agreed by contract. (2) The remuneration paid within the meaning of (1) shall initially be understood as an advance on commission in the amount of 100% of the remuneration to be paid. If, after completion of the brokered transaction, a cancellation of this transaction is made or if a team partner from the downline of a sponsor returns to INVIA GMBH within the framework of the processing of rights of revocation or return in accordance with §§ 16 (8) and 23, INVIA GMBH burden the ID account of the team partner by reclaiming the commission advance that the latter had received as part of its brokerage activity as a result of the brokerage of these services. (3) INVIA GMBH reserves the right itself via its payment provider to request the team partner or, in the case of registration by a legal entity or partnership, the applicant before the first payment of commissions or delivery of services to prove his identity.The proof of identity may e.g. in the form of a copy of the identity card or passport and must be done in the requested form and time limit after the request. (4) INVIA GMBH calculates the commission entitlement on a weekly basis. Defective remuneration or commission advances or other payments are to be reported to INVIA GMBH in writing within 60 days of the faulty payment. After this time, the fees, commission advances or other payments are considered approved. (5) The billing of the commission is net and without sales tax, unless the team partner informs INVIA GMBH in the back office its current VAT registration number of the responsible tax office and hereby declares that it is a pre-tax card of authorized entrepreneurs within the meaning of VAT law. For foreign team partners, reference is made to the respective statutory provisions on VAT. (6) Earned bonuses and commissions, which are based on the INVIA GMBH compensation plan, will be credited on a weekly basis exclusively to the specially created ID account (partner account) in the back office area of the team partner from which the team partner will credit his credit to his can transfer. Requested payments will be made after a period of 14 days after the request for payment by INVIA GMBH for instruction. For each commission transfer, the ID account (partner account) of the team partner will be charged a transaction fee of EUR 0.50. (7) INVIA GMBH is entitled to assert a right of retention in accordance with the statutory provisions. In addition, INVIA GMBH is entitled to assert a right of retention because of the payment of commissions, unless all legally and contractually required documents are available before the initial payment (for example, business registration). In the event of the exercise of the right of retention of commission payments by INVIA GMBH, it is agreed that the team partner is not entitled to any interest for the period of the commission retention. (8) INVIA GMBH is entitled to set off in full or in part claims that are due to INVIA GMBH against the team partner with its commission claims. The team partner is entitled to offset if the counterclaims are undisputed or legally binding. (9) Assignments and pledges of claims of the team partner from team partner contracts are excluded, as far as the exclusion does not conflict with any mandatory applicable law. The burden of the contract with rights of third parties is not permitted, as far as the prohibition does not preclude any mandatory applicable law. (10) Remuneration, commission advances or other payments below a minimum payout amount of € 49.00 will not be paid out. In the event that the minimum payment amount is not reached, the commission claims will be continued on the business account maintained for the team partner by INVIA GMBH and regardless of the achievement, the following week or later after reaching the minimum payment level or in the event of termination of the contract at that time the minimum amount paid to the team partner. For the period of non-payment of the remuneration there is no right to interest on the remuneration claim or other payments.
§ 15 Blocking of the team partner
(1) In the event that the team partner does not provide the requested proof (eg proof of identity) within 30 days of registration and / or notice of the requirements for the payment of remuneration or commission advances or other payment, INVIA stands GMBH the temporary blocking of the team partner in the INVIA GMBH system until the time of providing the legally required documents. The above applies even in the case of futile expiry of the period within the meaning of § 14 (3). The period of a suspension does not entitle the team partner to an extraordinary termination and does not give rise to a repayment claim of the already paid demonstration set or any other claim for compensation, unless the team partner is not responsible for the blocking. (2) For each case of reminder of undelivered documents pp. within the meaning of (1) after the block has been declared, INVIA GMBH is entitled to reimburse the costs necessary for this kind of reminder. (3) Remuneration, commission advances or other payments that can not be paid due to the above reasons shall be booked by INVIA GMBH as a non-interest-bearing provision and shall lapse at the latest within the statutory limitation periods. (4) Irrespective of the reasons for blocking referred to in paragraph (1), INVIA GMBH reserves the right of blocking for good cause. In particular, INVIA GMBH reserves the right to block the access of the team partner without observing a period of notice, if the team partner violates the duties mentioned in §§ 7 – 9 and § 10 paragraphs 3 and 4, or any other applicable law, or otherwise an important one Reason is present and the team partner the corresponding breach of duty on a corresponding warning of the INVIA GmbH not within the period mentioned in § 5 eliminated or the breach of duty to extraordinary termination justified.
§ 16 Duration and termination of the contract and consequences of termination / right of return
(1) The team partner contract is agreed for an indefinite period and can be terminated at any time with a notice period of one month to the end of the month. (2) Regardless of the reason for termination in (1), both parties have the right to terminate the team partner agreement for cause only. An important reason for termination for a termination by INVIA GMBH is also a breach of one of the regulated in § 7 obligations if the team partner does not comply with his removal obligation within the meaning of § 11 paragraph (1) in time or after the elimination of the breach of duty to a later Time for the same or a similar infringement. There is also an extraordinary ground for termination in the event of a breach of § 14 (3), provided that the team partner does not submit the evidence to be provided even after a further deadline. In the event of a breach of the obligations set forth in §§ 8, 9 and 10 (3) and (4), 18 (4) or 19 as well as a particularly serious violation of § 7 or any other applicable contractual or statutory law, INVIA GMBH entitled without prior warning to extraordinary termination. There is also an extraordinary ground for termination for each party if insolvency proceedings have been instituted against the other party, or the opening has been rejected for lack of assets, or the other party is otherwise insolvent, or has made an affidavit on insolvency in the course of the execution. The right to extraordinary termination exists without prejudice to further claims. (3) Terminations must always be made in writing, whereby ordinary notice can also be made by e-mail and must be sent to INVIA GMBH at the e-mail address firstname.lastname@example.org. (4) Domains, which contain the mark “INVIA GMBH”, a mark, a business name or a work title of INVIA GMBH in identical or similar writing or language manner, may not be used after completion of the contract and are after appropriate request to INVIA GMBH against assumption of the costs of the transfer of the domain. (5) In the case of premature termination of a contract with a minimum duration, there is no entitlement to reimbursement of the fees paid or any other services already paid in connection with the team partnership agreement unless the team partner has terminated the contract for good cause. (6) A team partner can register again after termination of his old position by another sponsor with INVIA GMBH. The prerequisite is that the termination and the confirmation of termination by INVIA GmbH for the old position of the team partner was at least 12 months ago and the terminating team partner did not carry out any activities for INVIA GMBH during this time. (7) With the termination of the contract, the team partner has no right to provision, as well as in particular no claim for compensation, as the team partner is not a sales representative within the meaning of the Commercial Code. (9) If a team partner simultaneously claims other services of INVIA GMBH that are independent of the team partner contract, these services shall remain in force unaffected by the termination of the team partner agreement, unless the team partner expressly demands that the termination be terminated. If the team partner continues to receive services from INVIA GMBH after the termination of the contract, he will be managed as a normal customer. (10) Upon termination of the contract by termination, the position of the team partner in the distribution system shall be transferred to INVIA GMBH.
§ 17 Disclaimer
(1) For other than by injury to life, body and health resulting damage is INVIA GMBH only insofar as intentional or grossly negligent, or culpable violation of a material contractual obligation (eg payment of commission) by INVIA GMBH, their employees or vicarious agents. This also applies to damages resulting from the breach of obligations during contract negotiations as well as from the taking of unauthorized actions. Any further liability for damages is excluded. (2) The liability is, except for the injury of life, body and health or intentional or grossly negligent behavior of INVIA GMBH, its employees or vicarious agents, typically foreseeable upon conclusion of the contract damage and incidentally the amount of the average damages typical for the contract limited. This also applies to indirect damages, especially loss of profit. (3) INVIA GMBH shall not be liable for damages of any kind resulting from data losses on computer servers, except in the case of gross negligence or willful misconduct on the part of INVIA GMBH, its employees or vicarious agents. Stored contents of the team partners are for INVIA GMBH foreign information within the meaning of the TMG. (4) The provisions of the Product Liability Act remain unaffected.
§ 18 Transfer of business operations / the sponsored structure to third parties / death of the team partner
(1) INVIA GMBH may transfer its business operations wholly or partially or individual assets to third parties at any time. In the event that the team partner does not agree with the transfer and informs INVIA GMBH immediately, the contractual cooperation will be terminated at the next possible termination date. (2) The team partner is to transfer its sales structure after reaching the position “Gold” for at least two consecutive months after prior written consent by INVIA GMBH and submission of the purchase and / or transfer agreement with the third party, as well as the submission of the third party distribution application entitled to INVIA GMBH, unless INVIA GMBH has exercised its right of first refusal. The transfer of the distribution structure is only possible to natural persons who are not team partners at INVIA GMBH at the time of the transfer. However, a transfer or purchase of a sales structure to team partners of INVIA GMBH is not permitted. Incidentally, the consent can not be refused by INVIA GMBH unless it makes use of its right of first refusal, and only for good cause. The team partner is obliged to inform INVIA GMBH in writing of the intended transfer of its sales structure. INVIA GMBH has one month after receipt of the written notice to make use of its right of first refusal. If this is not done, the transfer is permitted unless there are other important reasons. A sale is only possible in the unbroken relationship. In the event of termination without notice or a breach of these General Terms and Conditions, the right of the team partner to sell the own sales organization as well as in the case that the selling team partner INVIA GMBH still owes money, against the team partner bankruptcy proceedings was opened, or the opening was rejected for lack of assets, or the team partner is otherwise insolvent, or has made an affidavit on the insolvency in the context of foreclosure. INVIA GMBH charges an administration fee of € 25.00 for processing the above-mentioned application. The transfer of the distribution structure ends the contract between the parties. (3) If a legal entity or partnership is registered as a team partner, a transfer of the distribution structure is only permitted in compliance with the further requirements of this contract. (4) Insofar as a new legal entity or partnership registered as a team partner wishes to acquire a new partner, this is possible up to a surrender of 30% of the company shares, provided that the previous shareholder (s) who have applied for the team partnership also remain shareholders , If a shareholder wishes to retire from the legal entity or partnership registered as a team partner, or if the shares of one or more shareholders amounting to more than 30% are to be transferred to third parties, this act may be submitted upon submission of the corresponding notarial deed and in Conformity with the terms of this contract only after prior written consent, which is at the discretion of INVIA GMBH, allowed. INVIA GMBH charges an administration fee of € 25.00 for processing the above-mentioned application. If this specification is not adhered to, INVIA GMBH retains the extraordinary termination of the contract of the legal entity or partnership registered as a team partner. (5) The team partner contract ends at the latest with the death of the team partner. The team partner contract can be inherited in compliance with legal requirements, provided that the team partner names the heir during his lifetime to INVIA GMBH. In principle, the heirs must conclude a new team partner contract within 6 months, by which he / she enters into the rights and obligations of the testator. The death is to prove by death certificate. If there is a will to inherit the team partner agreement, a notarized copy of the will will be provided. After unused expiration of the six-month period, all rights and obligations under the contract pass to INVIA GMBH. By way of exception, the six-month period shall be extended by an appropriate length, provided that it is disproportionately short for the heir (s) in the individual case. If no heir is named during his lifetime, an inheritance is not possible and the contract ends when death occurs.
§ 19 Separation / Dissolution
In the event that a registered as a married couple / registered partnership, legal entity or partnership Teampartner internally terminated, that even after the separation, dissolution or other termination one of the aforementioned companies only one team partner position remains. The separating members have to agree internally by which member / partner the team partnership shall be continued and to notify INVIA GMBH by a written notification signed by both parties and notarially certified or by submission of an appropriate court order. In the event of an internal dispute over the consequences of the separation, divorce, dissolution or other termination in relation to the team partnership at INVIA GMBH, INVIA GMBH reserves the right to extraordinary termination, if such a dispute leads to a neglect of the duties of the team partner, Violation of these General Terms and Conditions, violation of applicable law, or undue burden on the down or upline.
§ 20 Consent to the use of photographic and audiovisual material, use of records of materials and presentations
(1) The team partner grants INVIA GmbH free of charge the right to photographic and / or audiovisual material with his portrait, voice recordings or statements and quotes from him as part of his Function as a team partner to record or carry out. In this regard, by signing the team partner application and taking note of these General Terms of Team Partner and Delivery, the team partner expressly agrees to a publication, use, duplication and alteration of his quotations, recordings or recordings. (2) The Team Partner is not permitted to make any audio, video or other recordings of events sponsored by INVIA GMBH, telephone conferences, speeches or meetings for the purposes of sale, personal or business use. Furthermore, a team partner may not record, produce or compile any audio or video presentations or recordings of INVIA GMBH events, speeches, telephone conferences or meetings without the prior written consent of INVIA GMBH.
§ 21 Data protection
§ 22 Limitation
The claims arising from this contract expire six months from the time at which the claim in question is due and the claimant knows the circumstances that justify his claim, or if his ignorance of these circumstances is based on gross negligence. Statutory regulations that require a longer limitation period remain unaffected.
§ 23 Voluntary contractual cancellation policy
You register with INVIA GMBH as an entrepreneur and not as a consumer, so that you have no legal right of withdrawal. Nevertheless, INVIA GMBH grants you subsequent voluntary 14-day contractual right of withdrawal. Voluntary right of withdrawal You can cancel your contract within 14 days from receipt of the access data stating reasons in writing (by letter or e-mail) to the address or e-mail address mentioned in § 1. The deadline begins with the submission of the proposal for a team partnership. In order to maintain the cancellation period, the timely dispatch (date of the postmark / e-mail) of the revocation is sufficient. Consequences of revocation: After your revocation, you can return all services related to team partners against reimbursement of the complete payments made to INVIA GMBH. A team partner can register again after the revocation of his old position by another sponsor at INVIA GMBH. Prerequisite is that the revocation for the old position of the team partner was at least 12 months ago and the revoking team partner did not carry out any activities for INVIA GMBH during this time.
§ 24 Contract terms and conditions for the purchase of cryptocurrency for the purpose of resale
§ 25 Applicable Law / Deviating Jurisdiction
(1) Austrian law applies excluding the UN sales law. Compulsory provisions of the state in which the team partner has his habitual residence remain unaffected. (2) The place of jurisdiction and the place of performance is the domicile of INVIA GMBH. Compulsory provisions of the state in which the team partner has his habitual residence remain unaffected.
§ 26 Final Provisions / Priority of the German Language
Status of team partner and performance conditions: 01.07.2017
Translated using Google-Translate.