I.         Information on distance selling and on conclusion of contracts in electronic commerce

1.         Parties

As a party (hereinafter, Party) to a contract, you are entering into a contract (hereinafter, Contract) with

            Netbiscuits GmbH
            Luxemburger Strasse 2
            67657 Kaiserslautern
            GERMANY
    
            (hereinafter, Netbiscuits)

2.         Conclusion of the Contract in electronic commerce

2.1       The www.netbiscuits.com website is not a binding offer. Only by filling out the form on the webpage of www.netbiscuits.com and clicking the “Upgrade Now” button the Party sends a binding offer to enter into this Contract. Such offer is accepted after payment details validation of the party by Netbiscuits by displaying an information page confirming that Netbiscuits has entered into the agreement.

2.2       Netbiscuits only accepts offers from companies within the meaning of § 14 BGB (German Civil Code), i.e. from individuals and legal entities, which enter into this contract in connection with their business or self-employed activity. Netbiscuits does not enter into contracts with consumers within the meaning of § 13 BGB.

2.3        Netbiscuits will store the contract and the general terms and conditions mentioned below. The Party can access them at any time by clicking on a link provided at www.netbiscuits.com.

2.4        Prior to proving an offer for closing this contract, the Party may review its data and, if necessary, change them by using the usual PC keyboard functions.

2.5       The original language of this contract is German. A German version of this Contract is also available and can be accessed at www.netbiscuits.com.


3.         Description of service

Netbiscuits is a company that has developed a software called “Netbiscuits“, which as so-called middleware software allows development of various applications and sending their content automatically and optimized to a number of various mobile devices in order to show it on their displays (see Chapter II.).

By entering into this Contract, the Party obtains the right to use this software according to the features described under www.netbiscuits.com/editions used for fee for a certain period of time and within certain limits.


II.         General Terms and Conditions for the provisioning of the Netbiscuits software

Preamble

The General Terms and Conditions (hereinafter, GTC) of Netbiscuits govern the provision of the Netbiscuits software (hereinafter, the Software), for fee and for a limited period of time for development of applications and conversion of content for optimized presentation of such content on mobile devices.
 
1.         Provisioning of software service

1.1       As a so-called middleware software, the Software can automatically convert various applications and/or content for a number of various mobile devices to be and show it / them on their displays. For technical details of the Software functions and conversion procedure please visit www.netbiscuits.com.

1.2       The Software is provided in the following ways:

Custom API web applications
Access is granted over the Netbiscuits Content transcoding program interface (Netbiscuits API, the so-called API model). Upon request for Party´s applications and/or content of a mobile device, such request is forwarded to the Party's IT system via the Netbiscuits' server system (hereinafter, the Server System). There the application and/or the content are converted by the Software, transferred to the Server System and delivered to the requesting mobile device. For technical details of such access procedure please visit www.netbiscuits.com.

Standard hosted web applications
Netbiscuits grants the Party access to the Software only via the Netbiscuits’ Server System for use over the Internet at the access point of the Netbiscuits’ IT center (hereinafter, the Service Transfer Point) (the so-called hosted model). The Software can be accessed via the www.netbiscuits.com website. For technical details of such access procedure please visit www.netbiscuits.com.

The provisions of these GTC apply to both access procedures, unless these GTC differentiate expressly between both access methods. In such case, the respective provision shall only apply to the access procedure, which is expressly mentioned.

1.3       For the API model, then the following clauses apply additionally:

1.3.1        Netbiscuits guarantees the availability of conversion services of 99.75% within a period of 30 days with respect to the functionality of the Software, the Server System and Netbiscuits API.

1.3.2        Netbiscuits shall provide the Party with the Software and user documentation, as well as software development kits (hereinafter, the SDK) for use for a limited period of time by downloading from the Server System.

1.3.3        To convert an application and/or content, it is required that the Party connects the application and/or content to the Software by using the SDK or a software development kit of another company and develops a connection to the Netbiscuits API.

1.3.4        Netbiscuits is only obligated to provide the Party with the then latest version of the Software. The Party is not entitled to obtain access to older versions of the Software.

1.4       For the Hosted model the following clauses apply additionally:

1.4.1       The Party must upload the application and/or content, which are to be converted, into the Server System, where they will be saved until the end of the Contract. When a corresponding request is made from a mobile device, the application and/or content are converted by the Software and delivered to the mobile device over the Server System.

1.4.2        Netbiscuits guarantees availability of the Software of 99.75% at the Service Transfer Point over a 30 day period.
          
1.5       Netbiscuits offers the Software, the opportunity to convert applications and/or content and the related services to various extent under specific service packages (hereinafter, the Editions). The Party may see the exact price and scope of services of an Edition at www.netbiscuits.com/editions.

If the Party uses more services (for example, Page Impressions) during one month as provided for in the chosen Edition, then such additional services will be billed to the Party in accordance with the price section at www.netbiscuits.com/editions.

1.6       To use the Software for the first time, the Party must register with Netbiscuits over the Internet at www.netbiscuits.com. After the registration, Netbiscuits shall provide the personal login data to the Party that would allow access to the Software and the Party’s personal restricted user area and open a separate customer account. In the restricted user area, the Party can make settings regarding the Netbiscuits tools at www.netbiscuits.com with respect to the available support packages, editions, payment modes and, if applicable, the use additional services.

1.7       In order to use the Software and the conversion services, the Party must have an Internet access and be able to access the Software and the Server System. The Party is solely responsible for the functioning of its Internet access and of the computer, which it uses, as well as of other computer programs it uses for access.

2.         Availability of the Software

2.1       The Party shall inform Netbiscuits if the Software is not available, about all defective functions of the Server System or defective conversion of applications and/or content promptly upon discovery, per e-mail or telephone.

2.2       To the extent possible, Netbiscuits will inform the Party on all necessary interruptions and restrictions of the availability (for example, for maintenance works on the Server System) at least one week in advance through www.netbiscuits.com and arrange that these interruptions will take place outside the main Software access hours.

2.3       If the availability stated in Clause 1.3 (for the API model) or 1.4 (for the Hosted model) is not achieved, then the Party has the right to reduce the monthly basic fee for the selected edition as follows:

2.4       If the Party endangers the security, integrity or availability of networks, the Server System or the Software, or if Netbiscuits has an objective reason to suspect so, then Netbiscuits may temporarily suspend the Party’s access to the Server System and/or interrupt the conversion services. The parties understand that this provision also applies to the so-called Denial of Service attacks (hereinafter, DoS attacks), which the Party performs over the Server System. In case of deliberate actions on behalf of the Party, Netbiscuits may terminate the contract with immediate effect:

• If the Server System becomes an object of DoS attacks, Netbiscuits may terminate the contract with immediate effect upon a notice, if Netbiscuits has no feasible opportunity to stop the imminent future DoS attacks or their effects to a third party server.
• If the Party is responsible for sending spam mails over the Server System, then Netbiscuits may temporarily suspend the Party’s access to the Server System and/or interrupt the conversion services and/or terminate the contract with immediate effect.
• The Party may not save content on the Server System, which violates any laws or infringes on rights of third parties in any way. In case of intentional actions or gross negligence of the Party in this respect, Netbiscuits may terminate the contract with immediate effect.

3.         Guarantees and support

3.1       Unless agreed to the contrary in this Contract, the use of the Software is governed by the laws applicable to lease contracts. If the Party has chosen the API model and uses the SDK provided by Netbiscuits, then the use of the SDK is also governed by the law of tenancy regarding commercial lease. Netbiscuits shall support the Party in the process of using the Software. The Party may choose between two various types of support (Standard Support and Pro Support).

3.2       In case of Standard Support, Netbiscuits supports the Party via an Internet forum maintained by Netbiscuits and by answering to e-mail inquiries within latest 24 hours by e-mail only.

3.3       In case of Pro Support, Netbiscuits provides the support services described in Clause 3.2, as well as further support services described in Clauses 3.4 through 3.7.

3.4       The following problem classification describes the Software performance problems:
  

3.5       If a problem described in the above classification occurs, then Netbiscuits shall promptly inform the Party on discovery of the problem or the Party shall report the problem to Netbiscuits.

3.6       The following table specifies the reaction steps, which must be performed by Netbiscuits and by which Netbiscuits deal with the specific problem reports:

• Step 1 - Identification: Netbiscuits confirms that the problem exists and starts to collect information and perform analysis.
• Step 2 – Temporary solution: Netbiscuits processes the problem and provides a temporary work around, if possible, as soon as possible, in order to make the Software at least partially available.
• Step 3 – Final problem solution: Netbiscuits provides a final problem solution, so that the Software is fully available again.

Both parties shall inform each other regularly on the status of the error remedy per e-mail.

3.7 Pro Support

Netbiscuits offers 24x7 hotline support, Monday through Sunday, 24 hours per day, globally. 
E-mail support: support@netbiscuits.com
A direct phone number of the support hotline will be provided to the party upon entering into the Contract.

3.8          Worldwide mobile device support

3.8.1      Netbiscuits core software is comprises of a web content adaptation API which is comprised of a device detection database, content/media transcoding and mobile web front-end rendering module.

3.8.2      The device detection database currently holds +5000 mobile device profiles which have been tested in-house by Netbiscuits in an internal test-lab with a proprietary Netbiscuits test-suite for + 800 mobile device parameters. Currently the database holds device profiles from North- and South America, Eastern- and Western Europe, Scandinavia, Africa, Asia and Australia/New Zealand.

3.8.3      Netbiscuits tests in average approx. 30-50 new mobile devices worldwide each month with approx. 800 individual device parameters ranging from screen size to video player format and browser capabilities and delivers them as daily live updates to the database to all Netbiscuits customers.

3.8.4      To achieve nearly 100% global geographic device coverage Netbiscuits utilizes the following automated software procedures to identify devices and deliver optimized content:

·         The software detects the device type specifically by its user agent string for each mobile or carrier branded device, matches it with the tested device profiles, transcodes the content/media and delivers it optimized in a 4 device class degradation concept to each phone specifically. The device class degradation concept ensures the highest quality output for each individual phone and content/media type.

·         If the mobile device user agent type is not detected, the software detects the browser type of the mobile or carrier branded device and then delivers an optimized device class output for the recognized browser type.

·         If the browser and user agent detection fails, the software delivers a basic profile with low spec content which will be displayed by any mobile device available on the market today.

3.8.5      Both parties agree that a 100% global mobile content delivery guarantee is not possible due to various factors, which cannot be technically solved by Netbiscuits or limitations imposed by third parties, such as carrier network restrictions for media delivery.
 
4.         Compensation

4.1       The Party shall pay Netbiscuits for each application and/or content a monthly subscription fee plus volume fees for software transactions to deliver optimized pages to mobile devices measured in impressions, GB outbound data traffic, upload & transcoding data storage and non premium SMS-MT for Messaging. The amount of the monthly subscription fee depends upon a specific edition selected by the Party as described under www.netbiscuits/editions.

4.2       The monthly subscription fee becomes payable for the first time at the time of entering into the Contract pro rata to the remaining portion of the month in advance. The monthly subscription  fee for the subsequent months, as well as the volume fees for the respective preceding months, are payable by the 1st day of the month. The volume fees for the preceding month will thus be settled up to the 1st day of the subsequent month. The Party shall accept electronic billing. Payment of both fees (subscription and volume fees) shall be performed according to the payment methods provided under www.netbiscuits.com.

5.         Term of the Contract

5.1       The minimum term of this Contract is one (1) month.

5.2       The Contract shall automatically extend for one additional month at the end of each month, unless terminated in writing or per e-mail by either Netbiscuits or the Party with a four (4) week notice provided for termination to the end of the month.

5.3       The right of the parties to termination due to important reason remains unaffected. An important reason is especially deemed to exist, if one of the parties grossly violates the obligations expressly governed by these GTC, and also if an insolvency procedure is initiated with respect to the other party’s assets.

5.4       Upon the end of the Contract, Netbiscuits shall, in its discretion, either erase the data saved by the Party, if any, or hand it back to the Party.

6.         Liability and period of limitation

6.1       For damages with respect to injury to health, body or life caused by Netbiscuits, Netbiscuits’ representatives and persons employed by Netbiscuits in the performance of the contractual obligations, Netbiscuits is fully liable. The same applies to damages which result from the absence of a quality which was guaranteed by Netbiscuits.

6.2       Netbiscuits is fully liable for damages caused willfully or by gross negligence by Netbiscuits, Netbiscuits’ representatives and persons employed by Netbiscuits in the performance of the contractual obligations.

6.3       In case of violation of important contractual obligations by slight negligence, except for cases listed in Clauses 6.1 and 6.5, Netbiscuits shall be liable up to the amount of the predictable damages typical for such contracts. In principle, important contractual obligations are such obligations, whose performance makes performance of this Contract at all possible and on whose performance the parties regularly rely.

6.4       If the telecommunication services are affected, except for the cases listed in Clause 6.1, Netbiscuits' liability towards the Party is limited in case of gross negligence to the maximum amount of 12,500 US$, and towards all affected persons to the maximum amount of 10,000,000 US$ per damage causing event. If the damage compensation, which is to be paid to several persons based on the same event, exceeds in the latter case the said upper limit, then the damage compensation shall be reduced in the proportion of the ratio of the sum total of all damage compensation claims to the upper limit.

6.5       The liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.

6.6       Any possible contributory negligence of the Party remains unaffected by these provisions, especially, if the Party does not regularly backup its important data.

6.7       Netbiscuits shall not be liable for an incidental interruption in availability of the Software or the Server System that is not caused by Netbiscuits or its legal representative or subcontractor.

6.8       These liability provisions are exclusive. Netbiscuits does not assume any further express or implied guarantee for the Software.

6.9       The period of limitation for damage compensation claims and defect claims against Netbiscuits shall constitute, except in the cases listed in Clauses 6.1, 6.2 and 6.5, twelve months starting from the occurrence of the damage causing event.

7.         Data protection

7.1       Netbiscuits takes the protection of the Party’s personal data very seriously. Further information of the steps taken by Netbiscuits may be obtained at www.netbiscuits.com by downloading the Privacy Policy.

7.2       With respect to the personal data protection, the parties to the contract agree to comply with the provisions of the data protection laws, especially with those of the Federal Data Protection Law (Bundesdatenschutzgesetz), Telecommunication Law (Telekommunikationsgesetz) and the Telemedia Law (Telemediengesetz), and especially to impose the corresponding obligations on their service providers, employees and business partners.

7.3       If the Party stores personal data on Netbiscuits’ server, it constitutes a case of commissioned personal data processing. In such case, the Party is responsible for compliance with the data protection provisions. Netbiscuits shall save and process the data only within the scope of the instructions provided by the Party. If Netbiscuits believes that instructions given by the Party violate the data protection provisions, Netbiscuits shall promptly inform the Party thereon.

8.         Release

8.1       The Party is solely responsible for making sure that the applications and/or content created or provided by the Party or saved on the Netbiscuits server do not violate any rights of third parties, especially the protection rights. Netbiscuits will only control the issue in case of grounded suspicion.

8.2       If a claim is brought against Netbiscuits due to a violation of the rights of third parties or a violation of the obligations listed in Clauses 9.3, 9.4 and 9.5 by the applications and/or content produced or provided by the Party or saved by the Party on the Netbiscuits’ Server, then the Party shall indemnify Netbiscuits in full, including the legal costs, for such claims.   

9.         Further obligations of the Party

9.1       The Party shall maintain confidentiality of all access data to its personal customer account with respect to third persons and shall promptly change all passwords, if it suspects that unauthorized third parties have obtained information about the access data or passwords. If the access data is lost or obtained by an unauthorized third party, the Party shall promptly notify Netbiscuits thereon.

9.2       The Party shall promptly notify Netbiscuits on each change of its name or company name, its residence or business address, its billing address, legal form or banking particulars. The notice must be made in writing or per e-mail.

9.3       The Party does not have the right to save applications and/or content on the Server System, which violate laws or infringe on rights of third parties. In case of intentional actions or gross negligence on behalf of the Party in this respect, Netbiscuits may terminate the Contract with immediate effect.

9.4       The Party guarantees that the applications and/or content, which it has produced or provided or saved on the Netbiscuits’ server,

• do not violate the applicable laws, especially the data protection provisions,
• are not connected in any way to theft, deceit, drug trafficking, money laundering and/or terrorism,
• do not promote violence, sadism, mishandling or racial hate,
• do not promote prostitution or pedophilia,
• do not contain any defamatory, pornographic, obscene, immoral, offensive, indecent or threatening materials,
• are not known or intended to be infected with viruses,
• are not used to send unsolicited e-mails or SMS (spam),
• do not limit other users in using the Software in an unacceptable way.

9.5       If the Party installs a new application and/or content, then it shall provide information as to whether they contain any materials, which were not released without age restriction or were not released for children under the Youth Protection Law (JuSchG). It remains the sole Party’s responsibility to comply with the applicable provisions of the Youth Protection Law.

10.       Use rights

10.1     For the term of the Contract, Netbiscuits grants the Party a simple, non-exclusive, non-transferable, timely limited right to use to the Software with respect to its then latest version. The right to use shall expire automatically upon the expiration of this Contract.

10.2     The Party is especially not entitled:

• to remove or modify copyright statements, serial numbers and other marks intended to identify the program. Same applies to suppressing the screen related marks;
• to grant access to the Software to third parties, other than the Party’s employees;
• to use the Software for purposes other than provided by the current business purpose;
• to perform back translation of the provided programming code into other coding forms (decompilation) and other types of reconstruction of various production phases of the Software (reverse engineering);
• to remove copy protection or other protection mechanisms;
• to further license, lease, sell, transfer or otherwise distribute the Software.

10.3     For provision of services under this Contract, the Party shall grant Netbiscuits the required use and exploitation rights for the sole purpose to authorize Netbiscuits to arrange the application and/or content, to convert them into a different format and use type specifically for mobile devices, to make them accessible and available to third parties, or to grant these use and utilization rights to the application and/or content to third parties.

10.4       Licensee hereby grants to Netbiscuits the right to use the name and trademark or logo of Licensee for advertising or marketing for Netbiscuits or Netbiscuits products or services, in particular in press releases and for websites operated by Netbiscuits. Licensee grants Netbiscuits the corresponding rights of use to Licensee's name and trademark or logo.

10.5     Netbiscuits is not obligated to provide the source code for the Software, including the corresponding development documentation.

10.6     For the API model, the following regulations apply additionally:

10.6.1  The Software may be used for the benefit of the Party, as well as for the benefit of its end users.

10.6.2  The Party may use the SDK software provided by Netbiscuits under www.netbiscuits.com  on the hardware available to the Party.

10.6.4  If the Party has used an SDK provided by Netbiscuits, then it shall completely delete such SDK upon the expiration of this Contract.
  
11.       Confidentiality

11.1     During the term of this Contract and two years upon its expiration, the parties undertake to maintain confidentiality of all documents, information and data, which are marked as "confidential” by the disclosing party or otherwise recognizable as a trade or business secret, which became available to the parties due to their collaboration (hereinafter, the confidential information).

11.2     Disclose of the confidential information to third parties requires a prior written or e-mail consent of the other party. The parties shall also impose the undertaken obligations to maintain confidentiality onto all persons and companies, whose confidential information or service under this Contract was disclosed.

11.3     The obligation to maintain confidentiality does not cover information, which became known to a party publicly without a breach of confidentiality, or which must be made available to third parties pursuant to legal, judicial or public orders.

11.4     A violation against the obligation to maintain confidentiality entitles the injured party to claiming liquidated damages in the amount of 25,000.00 EUR.

12.       Changes to GTC and services

Changes to these GTC and agreed services shall be agreed upon by obtaining an offer from Netbiscuits and acceptance of that offer by the Party. The offer from Netbiscuits shall be made by announcing the changes either in writing or per e-mail. If the Party does not reject the offer in writing or per e-mail within two weeks, the offer shall be deemed to have been accepted. In such case, the respective change shall become valid one month upon the receipt of the offer by the Party. If the Party rejects the offer, then Netbiscuits is entitled to extraordinary termination. Until such termination right has been exercised, the relationship between Netbiscuits and the rejecting Party shall be governed by the unchanged GTC. The change offer shall also expressly state the legal consequences of silence.

13.       No assignment

The Party may not transfer its rights and duties under this Contract, either temporarily or permanently, to a third party without Netbiscuits’ prior written or e-mail consent.

14.       Final provisions

14.1     This Contract is governed exclusively by the laws of the Federal Republic of Germany, excluding the provisions of the Private International Law and the United Nations Convention on Contracts for the International Sale of Goods.

14.2     The venue for all disputes arising out of this Contract shall be Kaiserslautern, Germany.

14.4     If a provision of these GTC is or becomes invalid, fully or partially, this shall not affect the validity of the other provisions.

14.5     General terms and conditions of the Party do not apply.

III.        General Terms and Conditions for the use of the Netbiscuits Ad Server component and Netbiscuits acting as aggregator for advertising revenues

Preamble

The Party has entered into a Contract with Netbiscuits on the use of the Netbiscuits software. If the Party also decided to use the Ad server component and contracts Netbiscuits to manage the Advertising revenues between the Party and an advertiser, then the following General Terms and Conditions for the use of the Ad Feed component shall apply: 

1.         Service description

Within the scope of using the Software, Netbiscuits also enables the Party to use the Ad Server component, which adds the applications and/or content sent by the Party to mobile devices with advertisements from third parties (hereinafter, Ad Partner).
 
2.         Compensation

2.1       For the use of the Ad Feed component, the Party shall receive a monthly revenue sharing payment. The amount of such revenue sharing will be agreed upon by both parties mutually in writing.

 
2.2       The payment for a specific month will be credited to the monthly basic fee for the subsequent month for the use of the Software under Clause 4 of the General Terms and Conditions of the Netbiscuits software. The first payment shall be made one (1) months upon the activation and once the minimum level of 100 EUR per month is reached. If the payment exceeds the monthly basic fee, the remaining portion of the payment will be credited towards the volume fee. If the remaining portion of the payment exceeds the volume fee, then the then remaining portion will be paid to the Party.
 
3.         Applicability, contradictions to GTC / special termination right

3.1       Unless a corresponding provision is expressly provided in this Chapter, the GTC for the use of the Software shall apply respectively to the use of the Ad Feed component.

3.2       In case of contradictions between the GTC for the use of the Software and the GTC for the use of the Ad Feed component, the latter shall prevail.

3.3       If the contract between Netbiscuits and the Ad Partner, whose advertisement are added to the application and/or content of the Party, is terminated or expires, then Netbiscuits may terminate the corresponding contract on the use of the Ad server component with the Party upon a 14 day notice.

IV.        General Terms and Conditions for billing & messaging services for non- and premium SMS in connection with the Netbiscuits software

Preamble

The Party has entered into a Contract with Netbiscuits on the use of the Netbiscuits software. If the Party would like to bill owners of mobile devices for accessing the converted application and/or content or send non-premium SMS-MT to its customers, then the following General Terms and Conditions shall apply in addition to the General Terms and Conditions provision of the Netbiscuits software.
 
1.         Service description Final provisions

1.1       Netbiscuits enables the Party to bill owners of requesting mobile devices (hereinafter, End Users) for accessing the converted application and/or content.

1.2          Netbiscuits enables the Party to send non-premium SMS-MT via its software

1.3       The Party can set the prices and payment modes (for example, subscriptions) for the request of the applications and/or content in the user area.
 
2.         Billing of applications and/or content /responsibilities

2.1       The billing services of such application and/or content shall be performed via Premium Billing SMS aggregators (hereinafter, the Aggregators), on the basis of the connection information of the respective telecommunication service provider of the mobile device, from which the application and/or content that had been requested. All fees for an application and/or content shall be reduced by applicable taxes and rates and shall be collected monthly from such telecommunication service providers by Aggregators and be transferred to Netbiscuits and paid off by the 1st business day of each month by Netbiscuits to the Party. The first payoff shall take place 3 months after entering into the Contract. The Party shall grant Netbiscuits and the respective Aggregator a collection authority in this respect.

2.2          Billing for sent non-premium SMS-MT via the Software is billed at the first day of each month for the proceeding month according to the prices stated under www.netbiscuits.com/editions.

2.3       The Party solely takes the risk of the proper payment of the fees by the End Users. Netbiscuits and the respective Aggregator shall not be responsible for successful collection of payments in case of non-payment by End Users or non-payment due to insolvency of the telecommunication service provider of an End User.

2.3       Netbiscuits and the respective Aggregator shall not be liable for network outages of the telecommunication service provider or other defects, which fall under the responsibility of the telecommunication service provider and were caused by the latter or its subcontractors.

2.4       Netbiscuits shall not be liable for culpable behavior of an Aggregator, unless such behavior took place due to Netbiscuits’ intent.

2.5          Netbiscuits shall not be liable for any actions by the Party in violating any law in any countries regarding the sending of messaging or conducting mobile billing, such as spamming users without their written prior consent.
 
3.         Compensation by Netbiscuits

3.1       For conducted billing via the Netbiscuits software, the Party shall receive a monthly revenue sharing payment. The amount of such revenue sharing payment will be mutually agreed upon by the parties in writing.

3.2       The payment for a specific month will be credited to the monthly basic fee for the subsequent month for the use of the Software under Clause 4 of the General Terms and Conditions of the Netbiscuits software. The first payment shall be made 3 months after the activation and once the minimum level of 100 EUR per month is reached.

4.         Release of information to Aggregators

For the purposes of contract performance, Netbiscuits is entitled to provide details of settings and payment modes of an application and/or content to Aggregators and, if applicable, to specific telecommunication service providers.