Gonnado Terms of Business (for Business Customers)

Last modified: 13.04.2018

Welcome to Gonnado

Thanks for using our products and services for the realization of online marketing campaigns („Services“). The Services are provided by Gonnado AG („Gonnado“), located at Lorrainestrasse 14, 3013 Berne, Switzerland. Contracting parties are the customer ("customer") and Gonnado.

By mutually signing a written contract for online marketing between the customer and Gonnado, as well as by depositing an advertising budget or depositing a credit card in the Gonnado Account, a contract is concluded ("contract"). By concluding the contract, you agree to these terms of use. Please read these carefully.

In certain cases we do written contracts with our customers. For this reason additional conditions may apply.

These terms for business customers (hereafter "terms") govern the relationship between Gonnado and the customer when placing and processing orders for this Service. For the contract exclusively these terms of use apply. Deviating provisions of the customer have no legal effect.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not Gonnado’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your Gonnado-Account

You may need a Gonnado Account in order to use some of our Services. You may create your own Gonnado Account, or your Gonnado Account may be assigned to you by an administrator, such as your Gonnado Account Manager or one of your Marketing Agencies. If you are using a Gonnado Account assigned to you by an administrator, your administrator may be able to access or disable your account.

To protect your Gonnado Account, keep your password confidential. You are responsible for the activity that happens on or through your Gonnado Account. Try not to reuse your Gonnado Account password on third-party applications. If you learn of any unauthorized use of your password or Gonnado Account, follow these instructions.

Billing of your expenses and payment

Your daily expenses for our service will be debited daily from the payment method you have deposited. The payday always corresponds to the day on which your paid advertising service was provided. Your possible daily expenses are limited by the defined daily budget. Visit your Gonnado Account and open the "Budget" menu and click "Edit" to edit your daily budget.

In some cases, the direct debit of daily expenses may also be delayed for a few days. For example, if the amount could not be debited from your payment method, or if your daily spend on that day did not reach the minimum amount for a charge.

The customer is obliged to immediately check invoices from Gonnado and to submit objections in writing to Gonnado within two weeks of receipt. After two weeks, the invoice is considered approved.

You can change your payment method by visiting your Gonnado Account and clicking on the menu item "Budget". If a payment can not be successfully completed, as the payment method has expired, does not have sufficient credit or fails for any other reason and you do not change the payment method or terminate your Gonnado account, your access to our service may be blocked until you provide a valid payment method. You authorize us to continue to debit the outstanding expenses in the event of an update of the payment method of the respective valid payment method. For open amounts, you are still responsible in case of changes of the payment method. This may cause your billing date to change. For certain types of payment, the issuer of the payment method may charge a fee for foreign transactions or other fees. For more information, contact your payment service provider.

Security of your credit card information

Any requests to submit your credit card and other account information should be handled carefully. Pr1oviding your information in response to such requests may lead to identity theft. Only access sensitive account information directly from your Gonnado account and do not follow hyperlinks in emails or other electronic notifications, even if they look official. In order to protect you, Gonnado, or our affiliates from identity theft or other fraudulent activity, Gonnado has the right to temporarily suspend your Gonnado account.

Privacy Policy

The privacy policy refers to personal data. This is any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (such as name, e-mail address, telephone number, address or IP address). Personal data in the sense of these terms of use are all personal data which you collect, store or process by means of our Service.

By using our Service, you agree with Gonnado that you will handle all personal data in accordance with applicable law. These include in particular the Swiss Federal Data Protection Act (DSG) and the EU General Data Protection Regulation (GDPR). We respond to alleged breaches of the privacy policy and reserve the right to terminate the accounts of customers who violate applicable law.

The Gonnado Privacy Policy explains how we handle and protect personal data.

Copyright Protection

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Swiss Copyright Act (Bundesgesetz über das Urheberrecht und verwandte Schutzrechte, URG).

If you think somebody is violating your copyrights and want to notify us, you can contact your Gonnado Account Manager or our customer service at the email address partner@gonnado.com.

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give Gonnado (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a promotion listing you have added to Gonnado). Our Services offer you ways to access and remove content that has been provided to that Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

No advertising content can be published using the Gonnado service, which violates the policies of Gonnado or its affiliates Google and Facebook. Gonnado can disable the affected ads without giving any reason.

You can find more information about how Gonnado uses and stores content in the privacy policy. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Use of cookies

The Gonnado service uses cookies that contain completely anonymous data about users' browsing habits. Gonnado agrees not to use your campaign-related cookies for other purposes without your consent than for your own campaigns, and reserves the right to use its own cookies when setting cookies, which increase the quality of the service.

The order will be processed taking into account the applicable data protection regulations and the customer undertakes to comply with the applicable statutory provisions on data protection. In particular, if the customer uses special techniques, such as the use of cookies or counting pixels, to generate or collect data from the delivery of advertising material, he assures that he will comply with the legal requirements for the collection, processing and use of personal data.

If the customer receives anonymous or pseudonymous data from the access to the advertising material, the customer may evaluate this data within the framework of the respective campaign. This evaluation may only include the anonymous and pseudonymous data generated by the placement of the respective advertising material.

Credentials

Gonnado is entitled to list the company name and logo of the customer in reference lists and publish them for factual information. Gonnado can also create a case study of the customer's campaign, which is released by the customer.

About Software in our Services

Gonnado gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Gonnado as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Gonnado, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. Gonnado may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

You can stop using our Services at any time, although we’ll be sorry to see you go. To terminate your Gonnado account without notice, please go to your account to the menu item "Account settings" and click on "I want to terminate my account" to terminate. If you terminate your Gonnado Account, your account will automatically close after you have used your existing balance. You will still be able to use the Service until you have used your existing balance. We do not provide refunds or credits for unused balance.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

Other than as expressly set out in these terms, neither Gonnado nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.

Liability for our Services

When permitted by law, Gonnado, and Gonnado’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of Gonnado, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).

In all cases, Gonnado, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

Electronic messages

Account-related information (eg, payment authorizations, invoices, changes to the password or method of payment, confirmation and other communications) will be sent to you in electronic form only, for example, as emails to the e-mail address you have provided in your Gonnado account.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

In certain cases we have individual agreements with our customers. For this reason additional terms may apply. Such additional terms are agreed in a written contract with the customer. In the event of any conflict between these Terms of Service and any additional terms, the additional terms shall prevail in that individual case.

These terms control the relationship between Gonnado and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

All claims arising out of or relating to these terms or the services will be litigated exclusively in the courts of Berne, Switzerland, and you and Gonnado consent to personal jurisdiction in those courts.

For information about how to contact Gonnado, please visit our contact page.