The following are the general terms & conditions of the company, FranchisePORTAL GmbH (hereinafter referred to as “FranchisePORTAL”) – with its head office in Heidestr. 30a, D-53797 Lohmar, Germany – for the use of the services offered on the websites www.franchisekey.com and www.franchisekey.ru.
1. General Terms
The act of using the websites shall, at the same time, be considered to be recognition and acceptance of the General Terms & Conditions for the Generation of Leads. Franchisors, who do not agree with FranchisePORTAL’s General Terms & Conditions, should not use the services provided by the websites.
FranchisePORTAL reserves the right to alter its General Terms & Conditions – either in part or in full – at any time. Such alterations shall come into force immediately after they have been published on the websites and after the existing customers have been informed of such changes. Customers, who have received such notification, automatically accept the altered General Terms & Conditions if they continue to use the websites.
2. Subject Matter
FranchisePORTAL provides an information platform on the Internet via which franchisors may purchase enquiries – so-called leads – from interested parties. The franchisors use such leads to contact interested parties and to inform and advise them about possibly joining their franchise system.
3. Conclusion of Contract
The registration of a system profile by the franchisor and/or the express or tacit consent to the system profile, sent to him in advance for verification, being published is, at the same, time an indication of the franchisor’s interest in FranchisePORTAL’s services. Visitors to the websites may, if they are interested, request additional information from the franchisor. Such enquiries are sent on anonymously to the franchisor per email. By clicking on the link, “Click here to purchase lead”, the franchisor is agreeing to the purchase of the leads.
Following payment or approval (clearing) via the payment system selected by
the franchisor, the lead shall be sent to the franchisor by email and published
in his personal area under “My FranchiseKey”.
The leads shall be passed on directly to the franchisors during the free start-up phase.
FranchisePORTAL shall not be held liable for any damages caused directly or indirectly to the franchisors, interested parties or other visitors to the websites as a result of using the websites.
FranchisePORTAL shall guarantee the availability of its websites to the best of its technical abilities and shall undertake all possible precautions to limit interruptions resulting from external causes – such as a system overload or faults caused by Internet providers, viruses or Internet piracy. Despite such efforts, data loss cannot be completely ruled out.
The level of technology currently available means that it is not possible to develop and run computer programmes (software) that are completely faultless nor is it possible to fully eliminate imponderables connected to the Internet medium. For this reason, FranchisePORTAL cannot guarantee the permanent and uninterrupted functionality of its websites and technical systems.
FranchisePORTAL shall not be held responsible for the system profiles published on its websites. All information originates from the franchisor in question or is sent to the franchisor to be checked and corrected, so that they are responsible for the accurateness of the data. Franchisors participating in the websites are obliged to provide exact and true information about their systems.
5. Use of Data
Franchisors participating on the websites agree and acknowledge to use the leads made available to them solely for the purpose agreed on in the contract to which the interested party has consented. The franchisor is not permitted to use the leads without the consent of the third party nor is he permitted to transfer them to third parties if such a transfer goes beyond the permitted use of such data.
On receiving the data, the franchisor immediately has power of control over the data in accordance with the Data Protection Act and, therefore, is responsible for all matters concerning data protection.
6. Pricing System
Each cost-per-lead is determined by FranchisePORTAL; franchisors are not obliged to purchase leads. Lead prices may vary according to country, branch, offer or type of contract. The franchisor shall be informed of the lead price in each offer sent to him by email.
All prices are quoted without value added tax. In some cases, value added tax may not need to be paid if an international tax identification number is provided.
FranchisePORTAL reserves the right to add flat rate prices (involving fixed periods of time, fixed amounts etc) to the existing invoicing system (cost-per-lead). Such amendments to the General Terms & Conditions shall be published on the websites and customers shall be informed of such changes in advance.
The leads shall be passed on directly to the franchisors free of charge during the current start-up phase.
7. Definition of Lead
Enquiries shall be considered to be a proper lead if they fulfil the
Full declaration of
- Postal address
- Age group
- Country of origin
- Telephone number
- Email address
Complaints may, in principle, only be made in writing within ten days of receiving the lead in which the reason for the complaint must also be specified. If the franchisor fails to inform FranchisePORTAL of a fault within the correct period and in the correct manner, then the service shall be considered to have been provided in accordance with the contract.
If a complaint concerning a lead is found to be justified, then the sum already paid for the lead shall be credited to the franchisor’s account or the unpaid invoice shall be cancelled. Interested parties, whose leads have led to a justified complaint, may not be contacted again by the franchisor.
The following reasons alone shall be grounds for a complaint:
- It is proven that the interested party is himself a franchisor,
- It is proven that the name or address do not actually exist,
- It is proven that the interested party is not known at the address given
- It is proven that the franchisor has already received an enquiry in the six months prior to the lead in question from the interested party and so already knows him/her
The following reasons, among others, shall not constitute grounds for a
- The interested party has, in the meantime, concluded a contract with another franchise system or is no longer interested,
- The conclusion of a franchise agreement with the interested party is out of the question be it for business or personal reasons,
- The communication channel given is not correct but can easily be found via another information source – e.g. internet-based or normal phone book,
- The enquiry was not sent by the interested party in person but was sent by a third party (e.g. partner) with the knowledge and consent of the third party.
No claims may be made as a result of a complaint during the free start-up phase.
9. Invoicing Modalities
The invoice shall be sent to the franchisor per email and made available to
him in his personal area under the menu point “My FranchiseKey”.
Invoices are payable in full without delay. Payment for the leads can be made optionally per lead or from the credit balance paid in advance by the franchisor.
The franchisor – as the card or account holder – shall ensure that the payment details given are correct and authorizes FranchisePORTAL to charge the invoice amount plus any possible tax due to the credit card named or to his online payment account. The lead shall remain the property of FranchisePORTAL until the full invoice amount has been received.
Payment per lead may be made by credit card (VISA, MasterCard) or by
Alternatively, having opened up an account under the menu point “My FranchiseKey”, the franchisor may transfer a sum of money in advance per bank transfer, credit card (VISA, MasterCard) or Paypal as a credit to pay for leads. On purchasing a lead, the lead price shall be deducted from the credit amount available in the franchisor’s account. The franchisor can access his account at any time to see how much money is still available under the menu point “My FranchiseKey”. Should the cooperation work between the franchisor and FranchisePORTAL come to an end, then any money still in the account shall be paid back to the franchisor immediately minus any transfer fees incurred.
The regulations stipulated in the section, "Invoicing Modalities", shall not apply during the free start-up phase.
10. End of Cooperation
Franchisors represented on FranchisePORTAL’s websites shall be offered leads from interested parties for an unlimited period of time. The franchisor may inform FranchisePORTAL in writing at any time if he no longer wishes to receive such offers. The franchisor does not have to give a reason for his decision. If the cooperation work is ended then FranchisePORTAL shall deactivate the system profile in question.
11. Final Provisions
This Contract is governed by German law. The sole place of jurisdiction and fulfilment for any dispute arising between the contractual parties shall be the Commercial Court of the city of Cologne in Germany.
Any supplements or amendments to individual clauses must be made in writing. Should one of the above-mentioned provisions be or become unenforceable, then it shall be supplemented with an enforceable provision that shall reflect as closely as possible the intention or purpose of the original provision.