Paid Services Agreement
27 May 2012 year
Limited Liability Company “G-TIME Corporation” (hereinafter referred to as “"Party1” -Company), established in accordance with the legislation of the Republic of Kazakhstan, certificate of state registration of the May 19, 2012 No.502-1910-06-LLP represented by the Director T.Z. Omarov, acting on the basis of the Charter, on the one part and the individual * _____________________________________________________________________, (full name) (hereinafter referred to as “Party2”-Partner), identity card No. ______________, issued on «_____»_______20___., by _____________, for individual entrepreneurs Certificate of state registration number _______________, issued on «___» ____20___ ., on the other part, collectively referred to as the "Parties", have concluded the following agreement.
1. Subject of the Agreement
1. The subject of this Agreement on the paid services (hereinafter the “Agreement”) is provision of services by the partner on the implementation of the Company’s programs to promote products of the Company on the market, in accordance with Appendix No.1 to the Agreement by finding and attracting new potential partners, including to www.gtime .kz website.
For the services provided, and subject to Partner’s fully implementation of the relevant Marketing Plan (Appendix No.2 to the Agreement), the Company shall pay the Partner a fee in the manner and subject to the conditions under this Agreement.
This Agreement being a public offer.
2. Grounds for obtaining of the Partner status and the procedure of information dissemination
2.1. Grounds for Partner status with registration at the website ewww.gtime.kz are as follow:
а) expression of consent by potential partner to the terms of the Agreement by pressing specified “ACCEPT” position in the Agreement ;
б) the purchase by the Partner of the business-position through the purchase of a unit of production in accordance with the buyer's selected option of marketing plan program.
2.2. The Agreement is considered signed and comes into force from the moment of expression of consent by the Partner to the terms of the Agreement. At the request of one of the Parties, the Agreement may be subsequently concluded in writing.
2.3. Partner shall attract potential buyers to the website www.gtime.kz in any manner consistent with the principles and norms of the current legislation of the Republic of Kazakhstan.
2.4. If the Partner uses its personal website to attract potential buyers to the website www.gtime.kz by placing referral links, banner ads and the like, such information should not violate the copyright and related rights, trademark rights, patent and other intellectual property rights.
*Individual - Kazakhstan citizens, foreign citizens, persons without citizenship, as well as entrepreneurs without a legal entity.
2.5. Partner-owner of the personal site is solely responsible for the violation of the norms of current legislation of Kazakhstan, regulating relations in the field of copyright and related rights.
3. The rights and obligations of the parties
3.1. Partner is obliged to:
3.1.1. inform potential buyers on the Company's products in all forms and ways that do not contradict the legislation of the Republic of Kazakhstan, and are acceptable to the Company, and partners;
3.1.2. purposefully search and attract potential buyers of the Company's products and concluding with them a paid services agreement;
3.1.3. distribute promotional materials of the Company to potential buyers of products;
3.1.4. strictly abide by the moral and ethical code of the Company (Appendix No.3 to the Agreement);
3.1.5. аactively use in their work slides and other text materials, approved by the Company's management and available in Partner’s back office;
3.1.6. not to use the logo of the Company on personal websites (other than personal websites of information centers of the Company) in the recordings of the copyright videos and other materials, without the prior written consent of the Company;
3.1.7. not to use the Company’s chat for other purposes, not to promote there a private promotional products, information about other companies and not to conduct conversation of a personal nature in the Company's chat;
3.1.8. to provide Company an accurate and complete information: phone numbers, postal and e-mail addresses, personal identification data, place of registration and place of residence and other information;
3.1.9. provide potential buyers of products reliable and accurate information about the Company.
3.1.10. avoid written or oral statements discrediting the image and reputation of the Company, including in the media, the general chat room of the Company, at the Company's ceremonial events, etc .;
3.1.11. keep secret the customer information, counterparties and trade transactions of the Company became known to him in connection with the execution of the Agreement;
3.1.12. regularly monitor at thewebsite www.gtime.kz possible changes and additions made to the Agreement by the Company in accordance with the subparagraph 3.3.1. of p. 3.3. of the Agreement.
3.1.13. rovide accurate information about yourself when registering on the website www.gtime.kz and filling requests on withdrawal. Partner indicates the deposit, facial or card account or opens one of the accounts in Kazakhstan banks for transfer fees.
3.2. The company is obliged to:
3.2.1. give Partner the opportunity to select a unique login, which will be tied to account in the system of the Company, and provide the Partner a package of training sessions, promotional materials and brochures;
3.2.2. provide the Partner round-the-clock access to the operating system, back-office of the Partner since the conclusion of the Agreement;
3.2.3. provide Partner with products according to the list in Appendix No. 4 to the Agreement;
3.2.4. ensure the timely transfer of the remuneration under the Agreement on the deposit the face or the card account specified by the Partner;
3.2.5. ensure the confidentiality of data, as well as information about operations in the Partner's back-office;
3.2.6. provide the Partner advertising platform for the successful promotion of the Company's products and the ability to use online facilities for conducting training conferences and presentations of business programs of the Company;
3.2.7. provide Partner the opportunity to participate in the affiliate program to promote the products offered by the Company;
3.2.8. hold regular conference in ON-LINE mode, training schools, to organize events and seminars, as well as provide ongoing information and technical support by Company’s Support;
3.2.9. ensure timely calculation and payment of remuneration to the Partner as the work on marketing plan advances;
3.2.10. conduct quarterly, mid-term (up to one month) promotions by awarding the winners with travel vouchers at the Company’s cost;
3.2.11. take measures to change the sponsor or the team upon the Partner's reasonably written request in accordance with the procedure established by the internal documents of the Company;
3.2.12. ensure the restoration and launching of software and technical support of business systems acting in the Company in the event of any faults and malfunctions;
3.2.13. ensure the return of the business-position, financial accounts and information in the Partner's back-office, damaged or lost due to failures, malfunctions.
3.3. The company has the right to:
3.3.1. unilaterally introduce changes and amendments to the conditions of the Agreement.
At the same time a proper notice to the Partner, on amendments and additions to the Agreement, is to place such information on the website “www.gtime.kz”;
3.3.2 restrict or completely block access to Partner’s back-office for any breach of the Agreement until their complete elimination;
4. Payment procedures
4.1. As the implementation of the marketing plan by Partner advances, the Company pays him a remuneration. Remuneration and withholding tax, provided for by the tax legislation of the Republic of Kazakhstan is made under the Certificate of Completion. Remuneration may be paid in cash (via cash desk of the Company), as well as in non-cash form by transferring the amount of remuneration to the bank account of the Partner;
4.2. The payment for the company's products purchased by the Partner can be transferred from bank account of the Partner to the bank account of the Company given at www.gtime.kz site or cost of production can be transferred to the Company’s cash desk in the form of cash.
4.3. Payment of Partner’s remuneration by marketing plan is made by the payment of cash (transfer of funds to the account of the Company or a bank card specified by the Partner) within 1-5 business days from the date of signing the Certificate of Completion. ЕTransfer of funds to cards or bank accounts of the Partner is made after mutual agreement on such possibility with the Company’s Support and submission of a written application for transfer.
4.4. Payment of remuneration is also produced at the request of the Partner in the form of travel vouchers from tour operators, and also offers individual tours to the apartment or special tours in accordance with the existing contracts concluded.
4.5. Payment of remuneration on marketing plan is also produced by presentation of a vehicle.
4.6. Provision of services by the Partner under this Agreement is reflected by the Parties in the signed Certificate of Completion (the Act on the provision of services, made in the form set out in Appendix No. 1 to this Agreement), and in the Schedule of services time recording.
4.7. The company has the right to refuse to sign the Certificate of Completion, proposed by the Partner, only in case of failure by the latter to fully perform its obligations referred to in paragraph 3.1. of this Agreement.
5. Liabilities of the parties
5.1. In the case of non-performance or improper performance of obligations under the Agreement by one of the Parties, the other Party shall have the right to apply to the guilty Party the sanctions provided for by the Agreement;
5.2. Partner is responsible for the content of any false and defamatory information posted by him on social networks, in advertising and other kinds of ads on the internet about www.gtime.kz site, on the activities of the Company or its products.
5.3. The Company is not liable for Partner’s obligations to third parties, even if these obligations are related to the execution of the Agreement by the Partner;
5.4. For false or defamatory information discrediting the image and reputation of the Company, the Partner admitting it may be sanctioned with a fine of 500 000 (five hundred thousand) to 1,000,000 (one million) tenge.
Repeated violations by the Partner of the above, the Agreement is terminated, Partner loses business-position, as well as rights to remuneration provided for by the Agreement for the implementation of the marketing plan
6. Validity of the agreement
6.1. The Agreement shall enter into force on the date of expression of consent by the Partner on the terms of the Agreement, by introducing into the column provided at the end of the Agreement the words “ACCEPT” and is valid for 12 (twelve) months.
6.2. If none of the parties within 10 calendar days prior to the expiry of the Agreement shall not expressed a desire to terminate this Agreement, the term of the Agreement shall be deemed extended for another next 12 months.
6.3. This agreement may be terminated by the Company in violation of the conditions of the Agreement by the partner on the use of operational and back-office accounting systems, as well as other internal and government regulations governing the activities of the Company;
6.4. In the event of a material and moral damage caused by the Partner to the Company or the actions of the Partner that are inconsistent with conscientious business co-operation between the Partner and the Company, as well as in cases of non-compliance by the Partner with moral and ethical code of the Company.
7. Force Majeure
7.1. In the event of extraordinary circumstances that make it impossible to completely or partially fulfillment of obligations by one of the parties under the Agreement, namely: fire, natural disasters, military operations of any character, blockade, prohibition of export, import or other circumstances independent from the parties, the period of execution of the Agreement is shifted according to the time during which such circumstances take place.
Party for which any such obligations occur, shall not later than 7 (seven) days, notify the other party of the occurrence of emergency circumstances that prevent the execution of the Agreement.
7.2 Sufficient proof on occurrence of referred to in para. 7.1. Section 7 of the Agreement of emergency circumstances, are official statements or documents of authorized bodies and institutions of the country.
8. Procedure and terms of suspension and termination of the Agreement
8.1. The Agreement may be terminated as the parties agree, upon notice by the concerned party to the other party not later than 7 (seven) business days prior to the intended date of termination.
8.2. In those cases where one party has a claim or the requirements of the material nature to the other party, the party concerned shall send by registered mail to the address of the other party of the request to terminate the Agreement with the justification of the requirements and the application of appropriate materials.
8.3. In cases stipulated by the internal documents of the Company, at the initiative of the Company the Agreement may be suspended. Notice of the suspension of the agreement is sent by to the Partner’s e-mail address registered on the Company's website not later than 7 (seven) business days prior to the date of suspension of the Contract. In this case, the partner is recognized as properly informed.
9. Settlement of disputes:
9.1. Disputes and disagreements that may arise in the performance of the Agreement by the parties, shall be settled by the parties through negotiations if applicable.
9.2. In case of failure to settle disputes and disagreements through negotiations, the disputes shall be referred to the courts of the Republic of Kazakhstan in accordance with the current legislation of the Republic of Kazakhstan.
10.1. The Company does not guarantee to the Partner the receipt of the considerable amount of remuneration, which is received by VIP-leaders, successful Sponsors and Partners who have achieved impressive results in this business due to their personal qualities and purposefulness.
A Partner is solely responsible for all risks of loss of income and profit.
10.2. Any statements and the examples given in the presentations, trainings, training schools and www.gtime.kz website (given or thath may be given there) with respect to obtaining and increasing of the remuneration are hypothetical in nature and therefore does not guarantee to the Partner exactly the same remuneration.
10.3. By signing the Agreement, Partner agrees that assumes all risks and responsibility for erroneous decision-making with regard to obtaining and increasing remuneration, ways and methods of doing business and of the scope of the Company's products.
10.4. The Company does not guarantee profit to Partner determined on the basis of its own understanding of the way of profit and the application of the Company's products.
10.5. The Company is not responsible for the termination of business activities of the Partner and possible financial loss arising in connection with this.
10.6. The Company is not responsible for the contents of the Partner's Internet resource, as well as for breach by the Partner of the current legislation of the Republic of Kazakhstan.
10.7. The Company is not liable for Partner’s obligations to third parties, even in the case where it is incurred at the Partner in connection with the execution of the Agreement by the Partner.
11. Final Provisions
11.1. . Partner may not transfer part or all of its rights and obligations under this Agreement to third parties, without the written consent of the Company.
11.2. All the Appendices to the Agreement are its integral part.
11.3. The Parties shall, within three days inform each other of any change in the legal address, legal status and bank details, telephone and fax numbers and e-mail.
11.4. Party that failed to notify the other Party of the changes specified in paragraphs. 11.3. of the Agreement, is not entitled to refer to the failure to obtain in a timely manner of the correspondence sent by to the other party and is responsible for legal consequences incurred in connection with these.
11.5. Registration as a Company Partner signifies your assent to the Terms of the Agreement being a public offer.
11.6. In all other respects not provided in this Agreement the Parties shall be governed by the current legislation of the Republic of Kazakhstan.
"G-Time Corporation" LLP
The moral and ethical code of the Partner of the Company «G-TIME CORPORATION»
1. Respect the company “G-TIME CORPORATION” and clearly understand its goals, objectives and directions. Know marketing perfectly and avoid distortion of the facts.
2. By adopting the company's goals, move in the same direction with it in addressing common challenges.
3. Be respectful to all partners of the company and its team.
4. Invite in business only adequate people who set themselves the same goals as you. Be responsible for those whom you invite.
5. Honor and respect the person who gave you the information and invited you to this project. Always remember that you will be an information guide to someone else too.
6. In all situations of conflict comply with ethics, integrity, diplomacy and settle disputes in a peaceful atmosphere.
7. Remember that your mentor is not obliged to sponsor you financially, since it is only your information instructor. This applies to you with respect to the people of your team.
8. For the conflict-free conducting of your own business invite to the team only people to you, do not try to intercept partners from other leaders.
9. Sponsor is responsible for personally invited partners.
10. In the chats, the conference room of our project do not give a destructive and negative information and do not send a mailing of other projects. This will discredit you as a leader and destroy relationships in your team. You will duplicated by your partners.
11. Help your people to form a positive attitude towards the project and not only in words but also by your own example and action showing the accessibility and the ability to achieve the ultimate goal