Media Platform Terms of Use

– PLEASE READ CAREFULLY –

1.         Introduction and definitions

These Terms of Use (‘Terms’) set forth the standards of use of services provided by the company Whello and its employees as well as governs the legal agreement between Whello and the users/customers (‘Clients’) of its website and/or services. Whello uses a Third-party Demand Side Platform (‘DSP’), accessible trough the website, that provides Clients with the option to create and publish their necessary advertisements. An account is required to access the DSP and activate campaigns.

 

2.         Acceptance

By using the website and/or the DSP and/or the services provided by Whello entails full acceptance of the Terms as published by Whello on the website at the moment of such use. Full acceptance means that the Client agrees to be bound, without limitation or qualification by these Terms. If the Client does not accept these terms, he should refrain from using the website and/or the DSP and/or the services provided by Whello. If any provision of these Terms is held to be unlawful, void or unenforceable, that provision shall be deemed separable from the rest without effect on the remainder of these Terms so as the remainder of the Terms will be valid and enforceable.

 

3.         Changes to Terms of Use

Whello has the right at any time, in our sole discretion, to revise, update, or otherwise modify these Terms and update them on the Website. Whello reserves the right to make any such changes effective immediately to maintain the security and integrity of the Website and/or DSP or our users’ access information or to comply with any laws or regulation. The Client is advised to visit the website regularly to read up on the Terms. The Client may reject changes by discontinuing use of the Website and services to which such changes relate. Continued use of the Website or Services after Whello has made such modifications will constitute the Clients’ acceptance of and agreement to such changes, and the Client will be bound by the new or modified terms. Whello may, from time to time, perform maintenance upon the Website or Services resulting in interrupted service, delays or errors in the Website or services. Any change will be effective when posted on the Website or when Whellonotifies the Client by other means.

 

4.        Rights and obligations of Client

4.1       Truthfulness of information

Clients – or site visitors – are responsible for accurate, truthful and updated information and personal details entered into the Website, The DSP and in correspondence with Whello.

 

4.2       Payment terms

Any invoice issued by Whello to the Client is net payable within 14 natural days since the date of issuance. Whello reserves the right to stop all activities for the Client and add a daily interest of 1% to the invoice sum if the invoice to that Client is not paid within those 30 natural days. Whello also reserves the right to seek payment from the possible advertiser represented by the Client and/or beneficiary of the advertisement without reducing or limiting Client’s obligation to Whello in any way.

 

4.3. Funds in the platform

Unless agreed otherwise, Whello will request an initial prepayment of 2,000USD to add funds to the Client’s account in the platform for the first time. After that payment, Whello and the Client can agree to continue on a prepayment basis or switch to a Net30 (or any other form of payment) model.

All funds will be added to the Client’s account once the first prepayment is received. Exceptionally, Whello can agree to add funds by receiving a Proof of Payment from the client (which can be a bank statement, Paypal receipt, etc) showing the amount transferred to Whello. In the event that these funds are not received within 3 business days, Whello reserves the right to freeze all the Client’s campaigns until the situation is solved.

Once funds are added in the platform they can’t be refunded unless:

• Funds have not been used whatsoever.

• Funds have been spent in any way and they had been added anytime in the last three months. In this situation, Whello reserves the right to refund only 50% of the funds for the services provided.

Any fund added in the platform older than 3 months won’t be refunded. The funds will stay in the platform and the account will stay open for the client to use at any given time.

If a campaign, that’s briefed to Whello Ad Operations team, or has been set-up in self-serve modus – has a fraudulent objective/goal (such as phishing) – Whello is entitled to keep 100% of the prepayment.

All refunds that meet these conditions will be processed after one month of refund request.

 

4.4       Ad exchange penalty fines

The Client is bound to pay penalty fines received by Whello or the platform from various Ad-Exchanges, including but not limited to, resulting from malignant content provided by the Client.

 

4.5       Confidentiality

The Client is forbidden to share any information about details of its professional relationship with Whello, the DSP, the self-serve interface with third parties without the written consent by Whello.

 

4.5       Damaging activity

The Client shall not engage in fraudulent or damaging activities through the use services provided by Whello. The Client is liable to Whello for any damages caused by such fraudulent or damaging activity.

 

4.6       Responsibility for material content of advertisement

The Client is responsible for the correctness and effectiveness of the material it provides to Whello to serve as content for advertisement or campaigns and use in other of Whello’s services. Any faults, incorrectness, inconsistencies, errors or omissions in the material provided by the Client shall remain in the responsibility of the Client. Whello has no responsibility to check any material the Client provides for such faults, incorrectness, inconsistencies, errors or omissions before, during or after providing mobile advertisement services to the Client.

 

4.7 Third parties

In providing services, Whello must sometimes depend on third-party services, the functionalities of these services and the degree to which these are compatible. 

Such services or functionalities may not work optimally with Whello’s own services. We will do everything possible to avoid this, but will not give any guarantee in this respect. Whello will not be responsible for this, such that we will not be obliged to find a solution for this non-optimal operation at no cost. We will not offer any warranties in this regard.

 

5.         Whello right to refuse service

Whello reserves the right to refuse any advertisement or campaign if it determines that such advertisement or campaign is incompatible with our quality standards or good practices or can be damaging to Whelloor our partners.

 

6.         Disclaimer Whello’s media

Unless specifically guaranteed by Whello to the Client, or provided by the applicable regulatory framework, Whello is not responsible for any damages of any kind that may result from errors or omissions in our website or our services. Whello does not guarantee the Website or the DSP to be available at all times and will not accept damage claims resulting from unavailability of one or more of our services. Whello excludes any liability for damages of any kind (including any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use) that may be due to lack availability, continuity, or accuracy of the Website or DSP, and the services rendered through the Website. While Whello makes every effort to ensure that the information on the site is accurate, no representations or warranties are made as to the accuracy or reliability of any information provided on this Website or DSP, especially the information provided by publishers or third parties of any kind. Clients are responsible for the advertisement material they provide.

 

7.         Privacy Policy

Please read our Privacy Policy here and the Platforms Privacy Policy here

 

8.         General Terms and conditions

Please read the Terms and Conditions

 

9.         Dispute resolution

These Terms are governed by Dutch law. Any dispute arising from these Terms or the use of the Website or DSP or any of Whello’s services shall be submitted to the exclusive jurisdiction of the courts of Amsterdam (The Netherlands).

 

9.         Contacting us

If there are any questions regarding these Terms, you may contact us using the information below.

Whello
Moermanskkade 301
1013 BC, Amsterdam
The Netherlands
admin@whello.com
+31 85 019 2905