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General Terms and Conditions

GENERAL TERMS AND CONDITIONS

FOR THE ELECTRONIC COMMERCIAL SERVICE OF

HLBS Global Marketing US LLC

Preamble

HLBS Global Marketing US LLC as intermediate service provider – hereafter referred to as:

Service Provider – operates primarily as electronic commercial service provider. The Service

Provider is exclusively entitled to distribute products of contracting manufacturer(s). This contract

is written between the Registered Customer/Referrer.

 

The appendices listed in the end of GTC are inseparable part of the document. Reference to the

contents of GTC always entails reference also to the contents of appendices.

 

The Service provider is entitled, at any time, to the unilateral, written modification of present GTC.

Any modification, supplement, deletion to the GTC is published on the Service Provider’s website,

indicating the effective date of change. By agreement to the GTC the Partner of Service Provider

is obliged to follow the changes of GTC and adhere to the GTC’s effective regulations.

 

The terms of the GTC published on the website are valid and effective on the date of order, and

apply to the order of all products and services.

 

The names, domain name, product names, product group name, company and business name,

related names, trademarks and logos appearing on the Website, and in present document, are the

Service Provider’s property, and must not be used in any other material, including audio and video

recordings, textual reproductions, other publications and advertisements, without the Service

Provider’s preliminary written notice.

 

Contracting party agrees to download present GTC and appendices and will not request

printed copies or other hard copies of these documents.

 

  1. General Terms of Contract Agreement

 

1. Interpretive provisions, definition of terms:

Company/Business name, trademark, logo: The Service Provider’s name, product names,

identifications appearing on the website, including other related names such as domain name,

product name, product group name, trademark, logo, are protected under copyright; the use of

such names are the exclusive right of Service Provider, it is permitted exclusively to persons

authorized in writing by the Service Provider.

Electronic commercial services: services related to information society for the commercial

sales, supply, exchange or other use of negotiable and transferable goods, —including

money, stocks and bonds, and negotiable natural resources –services, realties, concessions,

licenses and other rights representing assets (hereinafter referred to as: Products);

 

Electronic processing: the use of electronic data processing, data storage and data transfer on

wire, radio technology, optical or other electromagnetic equipment;

 

Information: any data, signal, image that is processed, stored, transmitted electronically, orally or

in other written means, regardless of the protection of its content by law;

 

Information society service: service offered electronically for distant users normally provided for

consideration, and with individual access to the recipient;

 

Service Provider: natural person, legal entity or unincorporated organization that provides

information society services, in accordance with this contract: HLBS Global Marketing US LLC

 

Enterprise: a natural person, legal entity, unincorporated business organization - including a

branch of foreign-based company - acting for purposes related to self-employment or business

activities;


Customer/Referrer: Only natural persons that reached 18 years of age may enter into an

agreement with the Service Provider to utilize the service and / or purchase the products of the Service Provider. Currently, enterprises cannot enter into an agreement with Service Provider.

 

Sales, resale: The Service Provider has exclusive right to distribute and sell products advertised

on the Website. The sales, resale, commercialization of products outside of the framework of

Service Provider’s website without the Service Provider’s written consent is prohibited and is

considered a violation of applicable laws.

 

Advertisement and marketing: The Referrer is entitled to advertise its business activities within

the framework of legal provisions and the GTC, if the Service Provider's name, products,

trademark, logo or other material protected under copyright law are not used. All materials issued

by the Service Provider are protected under copyright and can only be reproduced with the

Service Provider’s written consent. For advertisements and commercials approved by the Service

Provider, the advertiser must indicate that he/she is an independent contractor of the Service Provider.

Accordingly, the "Independent Contractor" designation must appear next to names protected by

Copyright. The advertiser is solely responsible for all damage ensuing from the failure to use

appropriate designation.


Web use: the products distributed by the Service Provider and cooperating Referrer

are available for distribution and sales only through the Service Provider’s web site.


Distribution system: Service Provider’s method for the promotion of product sales. It applies only

to registered Referrers/Customers.

 

Right of cancellation: Customers may cancel distant parties’ contract agreements and off-

premises contract agreements within 14 days from the date of product delivery or the signing of

service contract, without justification and additional costs with the following exceptions. The

Customer may not exercise the right of cancellation and termination for several products and

services. For example, the Customer may not exercise cancellation for health and hygiene

products, products satisfying individual needs, customized products, perishable products, sealed

packages of audio or video recordings or computer software, if the Customer left the package

unsealed following the purchase.

 

The Service Provider provides a template for customers for the statement of cancellation.

2. Applicable Law:

Both parties - HLBS US Global Marketing US LLC and its Referrers/Customers- agree that in performing under this agreement, they will, in all respects, follow and comply with all applicable governmental laws, regulations, orders and other rules of duly-constituted authority.

 

3. Data of Service Provider:

Name: HLBS Global Marketing US LLC

Headquarters: 140 Starhorn Rd Marble Falls TX 78654

Registry of incorporation/Trade registration No.: 4223698700320792

Complaint management, Client services:

e-mail: support@hlbs.eu or Tel: 972 994 6980


4. Subject of Contract:

By completing the product order form / contract for services, and electronically sending the

documents to the Service Provider, the Customer orders the product, for the purchase price

effective at the time and date of order, and in the quantities stated in the contract.

As a Referral/Customer, the contracting

party

joins the Service Provider’s distribution system by

completing the electronic Service Contract, as a Referral endeavors to promote and advertise the

products in the framework of the GTC’s provisions.



5. Electronic Order of Products:

The Customer takes the following steps to enter the electronic contract agreement:


5.1 The Customer opens the interface for orders on the Service Provider’s website

5.2 The Customer completes the data forms on the website. Before sending the information, the

system automatically checks and identifies data entry errors and sends a notice about any missing

data or incomplete data that are necessary for the services. The Service Provider is not liable for

the validity and accuracy of data provided by the Customer, the data is only checked for

completion.

5.3 After filling out the data forms and contract agreement, the Customer may check and correct

data before sending. After checking the Customer must confirm to have read and acknowledged

the contents of the GTC, particularly order and product description. This is confirmed by

check marking the appropriate check-box.

5.4 The Sales price does not include delivery costs, the delivery cost appears separately on the

invoice and it is to be covered by the Customer.

5.5 The Customer clicks on the „Send” button to finalize the order and send it to the Service

Provider.

5.6 The electronic contract completed on the Service Provider’s website and sent to the Service

Provider qualifies as a contract offer, it is registered by the Service Provider with an order number.

The order number serves as identification number for future reference, also in case of contract

related complaints.

5.7 The Service Provider is responsible for sending a prompt electronic confirmation of the order

receipt, no later than within 24 hours of receiving the order.

5.8 The order and its confirmation receipt are considered to be received by the Service Provider or

Customer when they are accessible to the recipients.

5.9 The Customer agrees to pay the products sales price and delivery costs at the time of the

electronic order, according to the payment process description published on the Website. The

contract takes effect with making a payment. The Customer may make a payment by credit

card, or wire transfer. The calculation of the delivery date begins with the date of the payment.

5.10 The Customer is responsible for making a payment in the specified amount to the Service

Provider, without any reminder, notice or warning. The invoice issued to the Customer includes

data provided by the Customer.

For each product order, the Service Provider publishes delivery areas on the Website. Any order

made to a delivery address outside the specified delivery areas will be rejected by the Service

Provider.



6. Conditions of Payment and Delivery:


6.1 Product payment can be done by a credit card registered with the Company. Payment must precede the product delivery.

6.2 The Referral’s/customers’ start-up order includes a complete product package, which is

published by the Service Provider in the Referral’s/customers’ web office. Before delivery, the

Referral’s/customers’ can opt for exchange of the products for other products. The

Referral’s/customers’ pays for the product order and delivery on the interface of the web office.

The value of start-up package ranges from $150, $300, $750 up to $2,500.

6.3 The Service Provider may set up alternative terms of payment in place of the provisions of 6.1,

for orders made in specific countries.

6.4 The Referral/Customer is responsible to pay the taxes and the expenses of delivery. Delivery

costs may vary for different countries.

6.5 Product prices are indicated for all products in US dollars on the Service Provider’s Website.

The gross sales price of the products may vary for different countries due to varying tax

regulations.

6.6 The Service Provider performs product delivery within a delivery timeframe of maximum 4

weeks. Service Provider endeavors to perform prompt delivery. The delivery date for different

countries may vary.

6.7 The Service Provider sustains rights to prohibit the delivery, sales or import of specific

products to specific countries. The Referral/Customer acknowledges that the delivery of products

to prohibited countries qualifies as a severe breach of contract agreement, and will accept the

ensuing legal sanctions.

7. Processing the delivery

7.1 Reporting incomplete of damaged product complaint

Defective delivery must be reported electronically, in the form of a written, signed and scanned

document, within 2 business days, following the delivery receipt. Damages ensuing from late

reports encumber the Customer/Maker of order. Customer must promptly notify the Service

Provider about any problems regarding the order.

The Customer is liable for inspecting the condition of the ordered product, for rejecting the receipt

of defective, damaged product. In case of a product damage or defect observed after delivery and

receipt, the Customer is liable for reporting the problem to the Service Provider within 2 business

days following the receipt, to the Service Provider’s e-mail address published on the website

(complaint@hlbs.eu). Before returning the product, the Customer must complete the product

return form available for download on the Website, and send it to the e-mail address of Service

Provider. The system will send an automatic delivery notification.

 

7.2 Tracking of product delivery

The successful order placement is confirmed by an automatic confirmation notice by the system.

The Customer receives a system notification when the product package is received for

transportation by DHL, and the package is transported. The system notification includes a tracking

number, the Customer may track and modify the time and place of order delivery. On the delivery

date, the Customer receives an e-mail indicating the shipping company’s phone number. If the

Customer does not receive the ordered product from the shipping company within the expected

delivery timeframe, the Customer is liable for prompt notification of the Service Provider by e-mail

to request tracking of the product delivery. The Customer must provide his/her name for the

processing, registered Customers must also provide a registration number, along with the order

number and date of order. The shipping company handles every package separately, therefore

packages including multiple parts will not always arrive on the same day.

 

7.3 Reorder

In case Service Provider is out of stock of a specific product, a reorder notice is sent to the

Customer’s e-mail address. After the restocking of the inventory is completed, the Service

Provider will perform delivery of the reordered products. The Customer makes a payment

preceding the delivery, the product payment may alter for different countries. The payment can

happen by credit card or wire transfer. or cash payment.

 

7.4 Error in the delivery address

The Customer is liable for providing an accurate delivery address. The Service Provider will send

the product to the address provided by the Customer and will issue an invoice for that address.

 

In the case of a delivery error by the shipping company, that is, delivery to the wrong address, the

second delivery will be free of charge. If the Customer is responsible for address error, the

Customer covers additional expenses of the repeated delivery.

 

8. Right of Cancellation and Termination, Conditions of Product Return

The following steps are taken in the case of cancellation, product return, refund, or product

exchange:

 

The Customer’s right for cancellation and termination

8.1 The Service Provider guarantees a 100% refund within 14 business days.

The guarantee does not extend to the shipping cost and related sales tax payment. If the Customer is unsatisfied with a product or service of the Service Provider, the

Customer may return the packaged, unopened product to the Service Provider within 14 business

day of product receipt. The Customer may request an exchange or refund (compensation of sales

price with product return).

 

8.2 The Customer’s right of cancellation and termination in the case of breach of contract by the

Service Provider.

8.2.1 The Service Provider’s conduct qualifies as a breach of contract in the case of defective, late

or failed product exchange or compensation payment, with attributable reason, following the

receipt of product complaint by the Customer.

8.2.2 Defective performance by the Service Provider means the performance of product delivery in

quantities or qualities diverging from the terms of present GTC. In such cases the Customer is

responsible for returning the product, and sending a complaint notice requesting the non-defective

performance of delivery within at least 8 business/calendar days.

8.2.3 Service Provider is liable for late performance if, for attributable reason Service Providers

fails to transfer the product to the shipping company within 14 business days following order

receipt or within 28 days following reorder receipt. Service Provider is not liable for default of

shipping company.

Enforcement of cancellation right and termination

 

The product return form is downloaded from the Website. The accurately completed and signed

form is sent to the Service Provider via email to.

 

The Customer is responsible for return delivery of returned products. Shipping/mailing

costs are covered by the Customer. The returned product must be appropriately packaged.

Any damage resulting from inappropriate packaging must be compensated by Customer.

The method of return delivery, for each product return, must be selected and marked on

the appropriate return forms.


Products from different Customers must be returned to the Service Provider in separate

packages.

 

Each returned product package must include the product’s invoice number and product

order number. It is recommended to attach the invoice or its copy. The document order

number must be visibly and legibly attached to the package.

 

The service provider agrees to compensate the full sales price of the product within 14

days following the acknowledgement of cancellation, including any additional expenses

related to the delivery.

 

The Service Provider is entitled to withhold the Product sales price until the Customer

completes the return delivery, or provides credible certification of the return delivery. The

Customer is obliged to return the product within 14 business days following the statement

of cancellation.

The product return certificate is accepted if the returned product is not damaged, is

returned on due time, all requested data was provided, the web-based return form was

filled, and the product complaint is justified. The Product sales price is not refunded until

any deficiencies or incompletion of the product return process are resolved.

 

If product purchase is made with credit card, compensation is transferred back to the same

account number. In the cases of wire transfer, compensation is paid to the bank account

number written on the data form of the Service Provider Website (data include IBAN

format, BIC/SWIFT code, bank code, bank address, account owner name).


Refund is made in US dollars, the Service Provider will not cover currency exchange

transaction costs.


If the Customer selects alternative shipping method other than the available most

economic shipping service, the Service Provider will not cover the additional expenses of

the alternative that.

 

If the product requires personal delivery by the Service Provider, instead of regular

shipping, and the product cannot be returned by mail, the shipping company will cover the

costs of product return delivery.

 

For customized and other services the Customer expressly orders early delivery, the

request must be indicated in each case on the order form. The Service Provider will reject

service order made without the indication of early delivery.

 

If the contract for early delivery expressly requested by Customer is eventually cancelled

or the contract is terminated by Customer, the Customer must cover the expenses

proportionately with the state of service performed. The calculation of proportionate

payment must be based on the sales price and TAX indicated in the contract.

 

The Customer sends the scanned copy of accurately completed form and the invoice to

the following e-mail address of the Service Provider or customer service:

complaint@hlbs.eu

 

Conditions for Product Return

 

The return of delivered products can take place according to the provisions of present GTC. In

case of the specified conditions, the Service Provider will take back the product and will

compensate the sales price with the following conditions:

 

In case of defective product delivery, or delivery to the wrong address for reasons attributed to

Service Provider:

 

Service Provider guarantees a 100% refund for defective product, other product delivery,

or delivery to the wrong address. The refund includes delivery cost and related TAX. In this

case the Customer pays the sales price of the non-defective product and delivery cost.

 

In case of the Customer’s cancellation or termination of contract, the Customer is liable for

return of unopened, packaged product to the Service Provider’s office or customer service,

or for the request of product replacement or product exchange, or refund. The cost of

product return in covered by the Customer.

 

The Customer reports the defective or erroneous delivery within 48 hours following product

receipt, in written form, by downloading the appropriate form from the Website,

completing and sending it to the Service Provider or Customer Service. The shipping

company will transport, replace or exchange the product free of charge.

 

In case of delivery to the wrong address for reasons attributed to the Customer:

 

The Customer is liable for payment of extra costs related to delivery to the wrong address,

if the erroneous delivery is attributed to inaccurate address data provided by the Customer.

 

9. Privacy Policy

Customer declares under penalty of perjury that (s)he downloaded, read, acknowledged

and accepted the Privacy Policy, and that all personal data provided are valid and accurate.

 

9.1 Service Provider processes or manages the personal data and address information of users=

Referral/Customer?

for the purpose of establishing contracts for information society-related

services. Service Provider uses these data to determine or modify the content of contracts, to

track the performance of contract obligations, to prepare invoices related to the performance of

contract obligations, and to enforce rights and demands related to the contract.

9.2 Service Provider uses the above, contract-related data, and the data related to the date,

timespan, and address of service use to prepare invoices.

9.3 In addition to purposes described in 9.1 and 9.2, the Service Provider manages personal data

that are technically essential to the operations and maintenance of service providing. From a

selection of otherwise identical options for service operation, the Service Provider must select

methods that ensure that personal data are used only if it is essential and inevitable or for other

specified purposes described in the GTC, and even in such cases personal data may be used

only until needed, and only to the necessary extent.

9.4 The Service Provider uses data for purposes other than those described in 9.1-9.3—

especially, for the purposes to increase efficacy, to send electronic promotion materials or to carry

out market research—only with preliminary specification of the purpose and the consent of the

user.

 

9.5 The user

is entitled to prohibit data use described in 9.4, before and during the process of

service use.

9.6 Data related to 9.4 cannot be linked to the user’s

personal identification data and cannot be

transmitted to a third party without user consent.

9.7 Data used for purposes specified in 9.1-9.3 will be deleted by Service Provider, in case of non-

conclusion or termination or contract, or the preparing of invoice. The Service Provider will delete

data used for purposes specified in 9.4, due to user request, or the ceasing of purpose of data

use.

9.8 Any data management for purposes not mentioned in 9.1-9.3 is authorized only with the

expressed consent of the Customer/User.

 

9.9 The Service Provider guarantees that the Customer/User

is informed, before, or any time

during the service use, on the purpose of data use, and the types of data used, including the

treatment and use of data not directly related to the User. The purpose, deadline, data type, and

related other data are included in the Privacy Policy appended to present GTC. The Privacy

Policy is available for download at the Service Provider’s website.

9.10 The Customer/User

agrees that the Service Provider transmit data necessary for the product

delivery or possible complaint management (as needed) to the Shipping company and/or

Manufacturer.

 

10. Registration

The User

is entitled to register as Customer or Referral on the Service Provider’s website. The

registered Customer is entitled to receive a discount from the price of specific products. The

discount and its extent may reach 20-30%, for specific products. The registered Referral/Customer

is entitled to participate in the Service Provider’s distribution network and may receive additional

discount offers. With the registration, the User

agrees to the use of his/her personal data by the

Service Provider, for purposes specified in present GTC point 9 and the Privacy Policy. The

registered User

may request the deletion of registration at any time. Different provisions apply to

registered members, specified in section II.


Registration Process

Registration is currently available only for natural persons, the registration process takes place

exclusively on the Service Provider’s website.

 

The following steps must be followed for electronic registration:

 

10.1 Click on the „Registration” button on the Service Provider’s website.


10.2 If you received the e-mail with your registration code from a Referral, click on the weblink

included in the e-mail to start registration. If you do not have a registration code, click on the

„request registration code” button. After entering your country, zip code and e-mail, the Company=

Service Provider will send you the registration weblink within 48 hours.


10.3 Data forms for registration must be filled accurately and completely. Before completion of

the registration the system automatically checks and identifies data entry errors and sends a

notice about any missing data or incomplete data that are necessary for the services. The Service

Provider is not liable for the validity and accuracy of data provided by the Customer, the data are

checked only for completion.


10.4 After filling the data forms and contract agreement, the Registering user may check and

correct data before sending. After checking the User

must confirm to have read and

acknowledged the contents of GTC, Referrer Agreement and Code of Conduct. This is

confirmed by check marking the appropriate check-box.


10.5 Registration is completed by clicking the „send” button, the registration is then sent to the

Service Provider. The Service Provider sends an automatic confirmation of receipt, to the e-mail

address provided by the user. After clicking the weblink found in the e-mail, the registration is

completed, and the user receives the message „successful registration”.

 

11. Complaint Management

The Service Provider’s primary goal is to perform the contents of present contract to the

satisfaction of Customers. Should the Customer have any questions, requests or problems

regarding the contents or technical conditions, performance of the contract or the operation of the

electronic system operation, or the organizational tasks of sales, such claims can be processed

according to the provisions of Complaint Management provisions appended to present GTC,

available for download from the Website.

 

II. Provisions for Referrers and Registered Customers

Only registered Customers/Referrers are entitled to use special offers of the Service

Provider.

Referrers are entitled to register new Referrer or new Customers.

Referrers are entitled to receive commission payment for recruitment of new Customers

and Referrers, according to the terms of Referrer Agreement.

 

IMPORTANT NOTICE REGARDING TAXATION

All Referrers are required to fill out a W9 form in order to receive a commission for HLBS Global Marketing US LLC. W9 forms must be signed, scanned and uploaded into Weboffice before any commission can be paid out.

Failure to submit a W9 form or if you have a foreign TAX ID # that begins with number 9 HLBS Global Marketing US LLC will withhold 24% of your commission as a tax payment and pay IRS. 

 

Customer provisions do not apply to the registered Referrers. The terms for cancellation set

in points 1. and 8.1 do not apply to Referrers.

Registered Referrers and the Service Provider establish a Referrer Agreement, whereby

the registered Referrer acknowledges and accepts the contents and binding power of

Referrer Agreement and the appended Code of Conduct.

Specific contract supplements and documents are accessible only to registered members.

The contents of such documents qualify as Trade Secret.

 

III. Closing Provisions

III.1 Trade Secret

In terms of present GTC, Trade Secret encompasses, regardless of form or format, the Service

Provider’s concept, along with any fact, data, information, solution, or contract offer, related to the

Service Provider’s business activities, financial or legal status. These include, not exclusively, the

following: ID data, address, phone number, fax number, contact information of Referrer, customer,

bank contacts, clients code, financial information, contracts, whose confidential treatment is a

legitimate interest of the Service Provider, if Service Provider made the necessary steps to

guarantee their confidential treatment. These information qualify as Trade Secret, regardless of

whether such designation by the Service Provider is expressed or not.

 

The Contracting Party acknowledges and accepts that any accessed Trade Secret must only and

exclusively be used for the purpose of sales activities between the Service Provider and Partner,

and collaboration between Parties, and agrees to the confidential treatment of Trade Secret. The

Contracting Party acknowledges and accepts that the right to access Service Provider’s Trade

Secret does not entail the transfer of license, permission, shares or any other rights attached to

the Trade Secret, to the Referral/Customer.

 

In terms of present GTC, the contracting Party must treat confidentially, and most not transmit,

disclose, reproduce, distribute, transfer, decode, or assign in any form any by any means, for any

purpose, any accessed Trade Secret or part of Trade Secret.

 

The Privacy Policy of present GTC is valid and effective for indefinite period of time even following

the termination of contract relationship between Parties.

 

The Service Provider is entitled to receive damages payment for the misappropriation of Trade

Secret, according to the terms of the Code of Conduct. In case of such breach, the Service

Provider is bound to prove only the fact of misappropriation, by contracting Party, Referrer, or

earlier Referrer.

 

III.2. Communication and notification of Parties

Contracting Parties agree to send all notifications related to present Contract in writing.

Contracting parties agree that any registered mail, with acknowledgment of receipt, qualifies as

the Customer’s written statement. Furthermore, any written notice sent to the Service Provider

by the Customer (from the Customer’s personal page operated and maintained by the Service

Provider), and any e-mail sent by the Customer to the Service Provider’s e-mail address provided

in present GTC, qualifies as the Customer’s written statement, if the reception of e-mail notice was

confirmed by the Service Provider’s automatic notification.

 

Contracting Parties

agree that the written message of the Service Provider sent to the Customer’s

personal page operated any maintained by the Service Provider qualifies as the Service

Provider’s written statement along with any written message sent by the Service Provider to the

e-mail address provided by the Customer. These notifications and statements are considered

received on the date when they first become accessible to the recipient.

 

III.3. Severability

If any part of present GTC is declared unenforceable or invalid, the remainder will continue to be

valid and enforceable.

 

111.4. Dispute Resolution

111.4.1 Procedures. It is the intent of the parties that all disputes arising under this Agreement be resolved expeditiously, amicably, and at the level within each party’s organization that is most knowledgeable about the disputed issue. The parties understand and agree that the procedures outlined in this § 111.4. are not intended to supplant the routine handling of inquiries and complaints through informal contact with customer service representatives or other designated personnel of the parties. Accordingly, for purposes of the procedures set forth in this paragraph, a “dispute” is a disagreement that the parties have been unable to resolve by the normal and routine channels ordinarily used for such matters. Before any dispute arising under this Agreement, other than as provided in ¶ 111.4.5. below, may be submitted to arbitration, the parties shall first follow the informal and escalating procedures set forth below.

(a) The complaining party’s representative will notify the other party’s representative in writing of the dispute, and the non-complaining party will exercise good faith efforts to resolve the matter as expeditiously as possible.

(b) In the event that such matter remains unresolved 90 days after the delivery of the complainant party’s written notice, a senior representative of each party shall meet or confer via telephone or email within 30 business days of a request for such a meeting or conference by either party to resolve such matter.

(c) In the event that the meeting or conference specified in (b) above does not resolve such matter, the senior officer of each party shall meet or confer within 30 business days of the request for such a meeting or conference by either party to discuss and agree upon a mutually satisfactory resolution of such matter.

(d) If the parties are unable to reach a resolution of the dispute after following the above procedure, or if either party fails to participate when requested, the parties may proceed in accordance with ¶ 111.4.2. below.

111.4.2. Binding Arbitration. Except as provided in ¶ 111.4.5. below, any dispute arising under this Agreement shall, after utilizing the procedures in ¶ 111.4.1., be resolved by final and binding arbitration in [city, state], before a single arbitrator selected by, and in accordance with, the rules of commercial arbitration of the American Arbitration Association. Each party shall bear its own costs in the arbitration, including reasonable attorneys’ fees, and each party shall bear one-half of the cost of the arbitrator.

111.4.3. Arbitrator’s Authority. The arbitrator shall have the authority to award such damages as are not prohibited by this Agreement and may, in addition and in a proper case, declare rights and order specific performance, but only in accordance with the terms of this Agreement.

111.4.4. Enforcement of Arbitrator’s Award. Any party may apply to a court of general jurisdiction to enforce an arbitrator’s award, and if enforcement is ordered, the party against which the order is issued shall pay the costs and expenses of the other party in obtaining such order, including reasonable attorneys’ fees.

111.4.5. Access to Courts. Notwithstanding the provisions of ¶¶ 111.4.1. and 111.4.2. above, any action by Company to enforce its rights of this Agreement or to enjoin any infringement of the same by Subscriber may, at Company’s election, be commenced in the state or federal courts of Austin, Travis County, Texas, and Subscriber consents to personal jurisdiction and venue in such courts for such actions.

 

III.5. Legal succession

The present contract excludes the possibility of transfer or assignment of rights or obligations

grounded in present contract, except in case of legal succession following a contracting Party’s

transformation or termination.

 

III.6. Language of contract

The language of the Contract and all related written communication is English. Permission for

other language use is published on the Website, with the pertinent e-mail address.

 

III.7. Effect, modification, download of GTC

Effective date of present GTC is April 02, 2016. The Service Provider is responsible for publishing

a version of the actual and effective GTC on its website, available for download. The Service

Provider is entitled to unilateral modification of present GTC, and liable for publishing the modified,

updated GTC on the website within 15 days of the modifications’ effective date.

 

III.8. Code of Conduct

Contracting party agrees to respect the provisions of Code of Conduct appended to present GTC,

and will make every effort to adhere to the provisions of Code, along with users under the party’s

control. The Code of Conduct is available for download along with the GTC, from the Service

Provider’s website.

 

III.9. Force majeure

The Service Provider is not liable for non-performance or late performance of obligations due to

external circumstances out of Service Provider’s control, including war, strike, revolt, fire,

earthquake or any other natural catastrophe.

 

III.10. Appendices

Appendices of present GTC listed below are available for downloaded from the website:

1) Privacy Policy

2) Certificate of Incorporation of the Service Provider

3) Code of Conduct

4) Legal Statement

5) Complaint Management Provisions

6) Deletion Request Form

7) Product Return Form

8) Referrer Agreement - For registered Referrer only

 

For information purposes only. For further details, see the Business Rules.

Commission payouts may be generated in different currencies.

On the Dashboard of the HLBS Members’ weboffice, the commissions are shown for information purposes in the currency they were generated in.

HLBS Members will receive all their commissions in one single currency according to their registered address, by the following rules:

Members with an address registered in the USA will receive all their commissions, regardless of the currency shown by the Dashboard, in USD. For further conditions, see Conditions for the payment of commissions to Members with an address registered in the USA.

Members with an address registered in China will receive all their commissions, regardless of the currency shown by the Dashboard, in Chinese Yuan.

Members registered anywhere outside of these countries will receive all their commissions, regardless of the currency shown by the Dashboard, in EUR.

Commissions shown by the Dashboard are for information purposes only. Exchange rates between currencies as well as other fees will be deducted.

 

Regulations applying to Members with an address registered in the USA

Members with an address registered in the USA will find the rules applying to them in their Partnership Contract with HLBS Global Marketing US LLC, the HLBS Business Rules, and the HLBS Terms and Conditions.

Conditions for the payout of commissions to Members with an address registered in the USA

Members with an address registered in the USA will receive their commissions only after filling out the W-9 form and uploading it to the weboffice.

Members with an address registered in the USA cannot apply for an HLBS Card. HLBS will pay all commissions via bank transfer only.

 

Tax information for Members with an address registered in the USA

All Referrers are required to fill out an IRS Form W-9 in order to receive a commission for HLBS Global Marketing US LLC. IRS Form W-9 must be signed, scanned and uploaded into Weboffice before any commission can be paid.

Failure to submit a signed IRS Form W-9, or if an Individual Tax Identification Number issued to non-resident alien is provided on the form, HLBS Global Marketing US LLC is required by law to withhold 24% of the commission or all applicable taxes and remit it to the IRS as withholding tax according to United States law

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5 972 Ft

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur non quam sit amet ipsum suscipit rhoncus. Phasellus blandit hendrerit mi nec commodo. Aenean erat enim, lobortis non ante et, mollis maximus tellus. Sed ullamcorper hendrerit tellus a placerat. Sed luctus mollis leo nec malesuada

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DK5

5 972 Ft

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur non quam sit amet ipsum suscipit rhoncus. Phasellus blandit hendrerit mi nec commodo. Aenean erat enim, lobortis non ante et, mollis maximus tellus. Sed ullamcorper hendrerit tellus a placerat. Sed luctus mollis leo nec malesuada

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DK5

5 972 Ft

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur non quam sit amet ipsum suscipit rhoncus. Phasellus blandit hendrerit mi nec commodo. Aenean erat enim, lobortis non ante et, mollis maximus tellus. Sed ullamcorper hendrerit tellus a placerat. Sed luctus mollis leo nec malesuada

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5 972 Ft

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur non quam sit amet ipsum suscipit rhoncus. Phasellus blandit hendrerit mi nec commodo. Aenean erat enim, lobortis non ante et, mollis maximus tellus. Sed ullamcorper hendrerit tellus a placerat. Sed luctus mollis leo nec malesuada

Megveszem

DK5

5 972 Ft

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur non quam sit amet ipsum suscipit rhoncus. Phasellus blandit hendrerit mi nec commodo. Aenean erat enim, lobortis non ante et, mollis maximus tellus. Sed ullamcorper hendrerit tellus a placerat. Sed luctus mollis leo nec malesuada

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