SPECIAL FEATURES AGREEMENT FOR CREATOR
Version No. 1
This document was last updated on April 26, 2022.
This Special Features Agreement (the "Agreement") is a legally binding additional agreement to the User Agreement with Creator (the "Contract") concluded between Smart Glocal Services Limited (the "Company", "we", "our") and You (the "User", "you", "your") that sets out the conditions for providing special features for the Service (the "Special features").
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE SPECIAL FEATURES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO ALL THE TERMS OF THIS AGREEMENT. YOU MAY NOT USE THE SPECIAL FEATURES IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
By using the Special features, you agree that you have read, understand and unconditionally accept all the terms of this Agreement. If you do not agree to any provision of this Agreement, or you believe that any provision of this Agreement infringes on your rights, or in any other way puts you at a disadvantage, then you must immediately stop any use of the Special features.
We constantly strive to improve our Special features by providing you with new features and capabilities, so we may make changes to this Agreement from time to time. If we make changes, we will notify you in any way we can. At the same time, we recommend that you periodically check the date of the last update of this Agreement, indicated at the top of it, and, if it is updated, get acquainted with the new version of the Agreement.
In addition to the general features of using the Service, the Company can provide you with the following Special features that will allow you to make using the Service more convenient:
24/7 personal manager support
Creator will be able to questions about the Service and it’s functionality and reach out to his manager whenever you need support on matters related to the Service.
Initial consultation on setting up the Service
We will help you set up the Service in such a way that it meets your needs and tasks as best as possible. To get advice, contact your personal manager.
Detailed statistics on the use of the Service
We will provide you with detailed statistics on the use of the Service. Statistics are provided once a week to the email address specified in the Service.
Remuneration of the Company
The Company’s remuneration for providing Special features under this Agreement is sixty percent (60%) of the amount of funds collected by the Company for the Creator in accordance with the terms of the Contract. We will deduct our remuneration from the amount of each payment we collect for you. The remuneration is calculated on the total amount of the payment, before deducting the fees of any payment providers.
Suspension and termination of Special features
You understand and agree that the Company has the right at any time in its sole discretion to suspend or terminate the provision of Special features if we reasonably believe that you are violating the conditions of this Agreement or the Contract. We will notify you of our actions unless a government order or court order prohibits us from providing you with such notification.
You acknowledge that the Company’s decision to suspend or terminate the provision of Special features to you may be based on confidential criteria that are necessary for the Company’s risk management and security protocols. You agree that the Company is not obligated to disclose to you the details of risk management and security procedures.
You can stop using Special features at any time by writing a corresponding message to our support team via the Service. Your registration will be terminated within five (5) business days from the date we receive this message.
You understand and agree that in order to fulfill our obligations to payment providers and government agencies, we have the right to store information about you and your use of the Special features for a period of five (5) years from the date of termination the provision of Special features.
The Special features are provided on an "as is" basis. The Company does not provide any express or implied warranties with respect to the Special features, including, but not limited to, guarantees that: the Special features and its functionality meet your requirements and/or expectations, the use of the Special features will increase your profit, the Special features will operate continuously, quickly, reliably and without errors; the results that can be obtained using the Special features will be accurate and error-free; all errors in the Special features will be corrected immediately.
We make commercially reasonable efforts to ensure the operation of the Special features around the clock, but we cannot guarantee that there will be no interruptions due to technical failures, or maintenance work, and we cannot guarantee the full and error-free operation of the Special features.
LIMITATION OF LIABILITY
YOU CLEARLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS RESPECTIVE OFFICERS (EMPLOYEES AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY DAMAGES OR LOST PROFITS THAT RESULT FROM THE USE OR INABILITY TO USE THE SPECIAL FEATURES. YOU UNDERSTAND AND AGREE THAT UNDER ANY CIRCUMSTANCES, THE COMPANY’S LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT OF 50 EUR AND CAN ONLY BE IMPOSED ON THE COMPANY ON THE BASIS OF AN EFFECTIVE COURT DECISION.
You agree to indemnify, defend, and hold harmless the Company and its representatives (directors and employees) from any claims, liabilities, damages, judgments, costs, expenses, or fees (including reasonable attorneys' fees) arising out of your use of the Special features, including your violation of this Agreement.
The Company is released from liability for partial or complete failure to fulfill its obligations under this Agreement in the event of force majeure, i.e. circumstances of an extraordinary and unforeseen nature, beyond the control of the Company, such as: war (local, international, unjust and just), sudden and/or planned military attack by an enemy nation, army (regardless of whether war is declared or not), invasion (including alien, but still unrighteous); civil war, unrest and riots, strikes; a military coup; a flood, earthquake, fire, hurricane, tornado, lightning strike, landslide or other natural disasters of local, national or international scale; an epidemic or pandemic, including as a result of unsuccessful culinary experiments; an accident; stupidity or carelessness of the Parties; death (including individual or group suicide) of specialists of the parties; the collapse of the economic and financial system of the world or local scale; total and comprehensive apocalypse or other manifestation of the end of the world.
If any provision of this Agreement is found to be invalid or unenforceable under applicable law, such provision will be modified and interpreted to achieve the purposes of the provision to the greatest extent possible, and the validity and applicability of any other provision of this Agreement or the Contract will not be affected.
This Agreement is governed by the applicable laws of Hong Kong. All and any disputes under this Agreement shall be settled exclusively in the courts of Hong Kong.
If you have any suggestions, feedback, questions or complaints, you can send a corresponding message to our support team via the Service. Please include your name and any other information that will help us identify you in our Service.
Smart Glocal Services Limited
Registration number: 2 952 290
Address: Unit A, 11/F, Arthur Commercial Building, 33 Arthur Street, Yau Ma Tei, Kowloon, Hong Kong