General Terms and Conditions of Business
The General Terms and Conditions govern access to our services and their use; This includes all information, links, texts, graphics, photos, videos, documents and other materials that are uploaded, downloaded or displayed. By using FINMessage, they commit themselves to our compliance Terms and Conditions.
1. Contractual partner and contractual object
Contractual partners are
- the customer, called USER in the following
- the provider, called PROVIDER
- http://www.FINmessage.com, called WEBSITE
The WEBSITE offers the PROVIDER the ability to communicate with the USER. The communication is billed per message. Prices may be chosen by the PROVIDER or are provided by the WEBSITE. The USER can buy FINmessage currency, called coins, for various payment options. After payment, the USER coins will be credited to their account. Coins can be used to pay for communications between USER and PROVIDER. The PROVIDER receives from the WEBSITE a commission of 70% of the coins collected by the PROVIDER. The commission is, among other things dependent, on the maximum commission of the PROVIDER and the country of the USER.
Payments of commissions to the PROVIDER are made after the selected payout limit has been reached. Depending on the payment method, an additional transfer fee is payable. If the payout limit is reached, a payout will be made in the following month.
PROVIDERs in the Netherlands with a VAT ID receive their commission plus value tax.
For remittances outside the SEPA payment area, the resulting bank fees are shared between the WEBSITE and the PROVIDER. The PROVIDER is responsible for the taxation of their commission. The WEBSITE assumes no responsibility for the PROVIDERs tax matters.
A contractual relationship is established between USER and WEBSITE, as well as PROVIDER and WEBSITE.
3. Payment process
The WEBSITE makes the following payment methods available to the USER for the processing of payment transactions for the PROVIDERs fee-based content: credit card, direct debit, immediate transfer, advance transfer.
Payments to the WEBSITE are contractually binding. The contract between USER and WEBSITE comes into effect upon the USER sending payment.
The user receives their payment amount in WEBSITE coins, minus a service charge, after the payment is credited. These coins can be used for communication with PROVIDERS. If the price of communication exceeds the value of coins available to the USER, the communication can not be carried out. Coins that are not used within 3 months will expire.
Signing up with false documents, incorrect payment data, under false names or under invalid or incorrect e-mail address can lead to the immediate termination of the contract between WEBSITE and PROVIDER. The WEBSITE reserves the right to file criminal charges in this case. By sending a copy of their ID document, the PROVIDER certifies that the data on the ID document pertains to the PROVIDER. The PROVIDER certifies that only they will use their data to access the WEBSITE. By signing up as a PROVIDER, you agree that the profile photos uploaded by you may be used by the WEBSITE and its affiliates for promotional purposes of all kinds including, but not limited to, Facebook, Instagram and Twitter, and even after logging out and/or deleting your own access.
USER and PROVIDER can terminate their access at any time and without giving any reason. For the purpose of account de-registraion, the WEBSITE requires a separate message by email. An account can be de-registered, but all associated data cannot be deleted. A de-registration shall only be considered as confirmed if the USER or PROVIDER has received an email from the WEBSITE confirming the de-registration. The WEBSITE will pay the PROVIDER any outstanding commissions at the time of de-registration, with or without reaching the payout limit, in the month following de-registration. Coins held in a USER account cannot be refunded upon de-registration.
6. Termination of a PROVIDER by the WEBSITE
The WEBSITE reserves the right to terminate the contract with the PROVIDER without giving any reasons. Outstanding commissions will be paid to the PROVIDER during the next payment cycle.
Payment of the outstanding commission will not be made if:
- the PROVIDER has a different identity to that presented in the ID document they used to sign up
- the PROVIDER uses copyright-protected content in their communications for which they have no usage rights
- the PROVIDER allows their account to be used by someone other than themselves
The WEBSITE shall not waive any claims for damages as a result of the termination of contract and will refer all suspected criminal activity (documentary infringement, copyright infringement) to the relevant local law enforcement authorities.
7. Accessibility and usability
The WEBSITE is not liable for the unavailability of the website or inaccessibility between PROVIDER and USER. Likewise, the WEBSITE is not liable for any financial or other damages caused by technical problems. Technical problems are to be communicated to the WEBSITE by email.
8. Default of payment
If the payment of a USER is cancelled or cannot be withdrawn, their access the WEBSITE will be blocked. The user is in default of payment. The WEBSITE reserves the right to deduct any funds from the PROVIDER.
9. Right of withdrawal
The USER hereby confirms that the right of withdrawal expires after the payment has been made. The WEBSITE supplies the service immediately after the payment has been made.
10. Data storage
By submitting their user data, the USER and PROVIDER gives their consent to store their personal data. When you de-register, the user data is no longer used, but the chat history is temporarily stored for at least 3 months before deletion.
11. Payouts to PROVIDER
Payouts can only be made to the PROVIDER. The PROVIDERs payment information must correspond with their user data. Payments to third-parties are not possible.
12. Notices via EMAIL
Except as provided by the USER and PROVIDER in their preferences, the WEBSITE has the right to inform you about any kind of news or offers about the website or from its partners.
USER and PROVIDER shall be at least 18 years of age and of the age of majority in their country in which they reside. Participation in the WEBSITE as a minor is not permitted.
14. Access data and use as a PROVIDER
The PROVIDER is not permitted to pass on access data to third parties, especially minors. The PROVIDER is the only person who is allowed to use the access data. In the case of loss or theft of the access data to third parties, the WEBSITE must be informed without delay.
15. Transferring user data to the PROVIDERS
During usage of the chat feature, the WEBSITE transfers the data created by the USER such as FIN ID, user name, status and profile image to the PROVIDER. The personal data of USERS (real name, address, e-mail) will not be transmitted to the PROVIDER.
16. Liability of the website
The WEBSITE is not liable for any resulting communication between USERS and PROVIDERS. The WEBSITE is not liable for any damage resulting from the transfer of content, data or files. The WEBSITE is not liable for any resulting communication between USERN and PROVIDERS. The WEBSITE is not responsible for any content, data or files that have been deleted.
17. Data Transfer Between USER and PROVIDER
USER and PROVIDER agree to only transmit content that does not violate any applicable law. USER and PROVIDER agree to not transmit messages and content to which they have no legal right. USER and PROVIDER agree to not send messages and content involving persons under the age of 18 or persons who have not agreed in writing, communicated to the WEBSITE, that they agree to such transmissions.
In particular, the sending of content featuring sexual acts and content featuring illegal drug use is prohibited. The WEBSITE reserves the right to control all content. In the event of violation of these terms, the WEBSITE reserves the right to immediately remove and/or block the USER or PROVIDER.
The WEBSITE allows you to send and open messages, as well as to send a tip, immediately after receiving payment for a credit balance. Since the sending of messages, the sending of a tip, as well as the opening of messages are not suitable for forwarding, the usual cancellation right is eliminated. If any errors occur during the payment process or during access, please contact email@example.com. Used credit can not be refunded. If any malicious or abusive behavior occurs during the order or the transaction is denied, we reserve the right to block the data used for future transactions. Likewise, we reserve the right to prosecute any fraud or abuse under criminal and/or civil law.
19. Severability clause
Should individual provisions of this contract be ineffective or impracticable or become ineffective or unenforceable after the conclusion of the contract, the validity of the contract remains unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision, the effects of which come nearest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be disguised.
All legal relationships based on these General Terms and Conditions shall be subject to the laws of the Netherlands.