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All capitalized terms herein shall have the meaning set forth in the Terms of Service unless otherwise specified herein.
Company will collect Donations from Users and remit them to the Broadcasters after deduction of the amount of Agency Fee (as set forth below in Table 1.1 for Donations in EUR/USD, Table Table 1.2 for Donations in Brazilian Real (BRL)). The Company will make an effort to process such remittances on a daily basis but cannot guarantee this. The Broadcaster shall select a currency and a payment method from the available options on the DA Platform, which will subsequently serve as the default currency (“Default Currency”) and the default payment method (“Default Payment Method”) to receive Donations. The Broadcaster can change the Default Currency and the Default Payment Method in his/her Account settings. When Broadcaster selects the payment method, he/she must provide the Company with the valid information requested on the DA Platform or requested by Company. The Donations received in a currency other than the Default Currency will be converted, displayed and paid to the Broadcaster in the Default Currency using the exchange rate of the currency exchange website www.oanda.com (“OANDA Exchange Rate”) after deduction of ten (10) percent of the OANDA Exchange Rate on the day of their receipt by the Company. In case a Broadcaster receives the Donations resulting from the usage of additional functionality of the DA Platform, the Company will deduct the amount of the Service Agency Fee, as set forth in the DA Platform interface, instead of the deduction of the Agency Fee calculated in accordance with Tables 1.1 - 1.2.
If the Broadcaster chooses a payment method that does not allow for receiving the full amount of Donations due to restrictions set by the applicable payment provider, then the Broadcaster shall select an additional or alternative payment method or the Company shall be entitled to remit the Donations due to be paid to Broadcaster on a daily basis until the full amount of Donations will be paid. If the Broadcaster chooses a payment method that does not allow for receiving Donations in the Default Currency due to restrictions set by the applicable payment provider, then the Donations will be remitted in the allowed currency using the exchange rate of the OANDA Exchange Rate after deduction of ten (10) percent of the OANDA Exchange Rate set on the day of their remittance of the Donations by the Company.
The Company may delay for a necessary term, but in no case more than 90 days (“Investigation Period”), and/or cancel any collection of Donations from the User and/or the following payment to the Broadcaster for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation. In case if the Agreement between the Company and the Broadcaster was terminated during the Investigation Period, the Company reserves the right to delay the fulfilment of its obligations in respect of collection or cancellation of collection and/or following payment of Donations to the Broadcaster until the end of the Investigation Period. The Broadcaster may provide the Company the documentary confirmation of absence of unlawful activity or fraud for possible acceleration of the investigation.
The Company may deduct or withhold any taxes that the Company may be legally obligated to deduct or withhold from any amounts payable to the Broadcaster under the Agency Agreement. From time to time, the Company may request tax information from the Broadcaster and the Broadcaster shall provide this to the Company.
Starting from the first calendar day following the day the Broadcaster is assigned the Inactive Broadcaster Status, the fee for maintaining the Account on the DA Platform shall be one (1) Euro if the Default Currency is Euro, one (1) US dollar eight (8 /100) cents if the Default Currency is US dollars and 5 BRL 38 centavo if the Default Currency is BRL.
"Inactive Broadcaster Status" is the status assigned by the Company to the Broadcaster in case at least one of the following occurs: (1) the Broadcaster has not used his/her Account for more than three calendar months; (2) the Broadcaster has not chosen a payment method that will be used by the Company by default to pay Donations to the Broadcaster; (3) the Broadcaster violated the Terms of Service; or (4) the Agreement between the Company and the Broadcaster was terminated.
In case a Broadcaster is assigned the Inactive Broadcaster Status: the Agreement shall be automatically terminated, the amount of Donations for paid to the Broadcaster shall be zero, and the Broadcaster waives any claims that may be to the Company with respect to payment of Donations.
The amount of Agency Fee shall be calculated depending on the payment method that was used by the User to remit the Donation and the total sum of the Broadcaster’s Donations for the previous calendar month in accordance with Table 1.1 applicable for the Donations received in EUR or USD, Table 1.2 applicable for the Donations received in BRL:
Table 1.1
| Agency Fee* | |||
|---|---|---|---|
| Payment method | Total sum of Donations is ≤ 10 000 EUR/previous calendar month | Total sum of Donations is > 10 000 EUR/previous calendar month | |
| Bank cards (EUR/USD) | 12% | 9% | |
| SOFORT (EUR/USD) | 12% | 9% | |
| PSC (EUR/USD) | 12% | 9% | |
| PayPal (EUR/USD) | 12% | 9% | |
| Bitpay | 12% | ||
* For the first calendar month after the Broadcaster registers an Account, the Agency Fee shall be calculated as 12%.
** For the first calendar month after the Broadcaster registers an Account, the Agency Fee shall be calculated as 12%.
Table 1.2
| Agency Fee*** | ||
|---|---|---|
| Payment Method | Total sum of Donations is ≤ 6,000 BRL/previous calendar month | Total sum of Donations is > 6,000 BRL/previous calendar month |
| Credit Cards, online-banking and wire transfers | 14% | 12% |
*** The Agency Fee is converted from BRL into USD at the moment the invoice is issued to the User
The amount of the Service Agency Fee shall be calculated depending on the additional functionality of the DA Platform that was used by the Broadcaster to collect the Donations. The amount of the Service Agency Fee shall be specified in the DA Platform interface.
The Broadcaster can choose the following available payment methods to receive Donations in accordance with these Payment Terms, provided that the Company's obligation to remit Donations shall be considered performed at the moment of crediting of the funds to the payment service account of the Broadcaster. The Broadcaster is charged a commission for remittance of Donation as set forth in the Table 2 below.
Table 2
| Payment Method | Commission (where % = % of the Donation) | |
|---|---|---|
| Bank cards (EUR) | 1 EUR subject to the restrictions below (****) | |
| Bank cards (USD) | 1 USD subject to the restrictions below (****) | |
| PayPal | 2% | |
****Limitations for EUR/USD bank cards:
9. These Payment Terms apply non to the Commonwealth of Independent States (CIS)-based users. Please refer to the Payment Terms applicable in the relevant jurisdiction, if you are a CIS-based user.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
© CEBC B.V. | 2024
