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Partnership Programme Regulations

Date of updating the Terms and Conditions: 9 January 2025 

§1 DEFINITIONS

  1. Terms and Conditions – the present document setting out rules of the Partner Programme. Each Partner is obliged to accept the Terms and Conditions in order to participate in the Partner Programme.
  2. Partner Programme – the programme that aims to recommend Services provided by FOTC to Clients by the Partner and to transfer to FOTC Leads, under rules specified in the Terms and Conditions, for which the Partner receives the remuneration.
  3. FOTC – established in Wrocław, Rzeźnicza 32/33, 50-130 Wrocław, entered into the register of entrepreneurs managed by the District Court for Wrocław-Fabryczna, VI Division of National Court Register, under no. 0000500884, with the share capital amount of 10.000 PLN, Tax Identification Number (NIP) 8971797086, who organizes the Partner Programme.
  4. Partner – an entity which joins the Partner Programme via the website at: https://fotc.com/contact-partner-programme/ accepts the Terms and Conditions and recommends the Services. Only entrepreneurs i.e. a natural person, legal person and organizational unit conducting business or professional activity on its own behalf may be a Partner (B2B relationship with FOTC). The Partner receives a remuneration from FOTC for each agreement for Services effectively concluded by FOTC with Clients recommended by the Partner.
  5. Client – an entity whose contact details FOTC has received from the Partner, interested in purchasing Services. The Client may only be an entrepreneur, i.e. a natural person, a legal person and an organisational unit conducting a business or professional activity in its own name. 
  6. Lead – contact data of Client, provided to FOTC by the Partner.
  7. Google – the company which is the provider of the respective Service as indicated at https://cloud.google.com/terms/google-entity?hl=pl and according to the country where the Client has its registered office. 
  8. Google Workspace – services offered by FOTC, including reselling of cloud solution licenses, i.e. Google Workspace Basic and Business, provided directly by Google.
  9. GCP – services offered by FOTC, including reselling of a cloud solution licenses, i.e. Google Cloud Platform, provided directly by Google. 
  10.  Training – a service offered by FOTC which involves FOTC conducting a workshop for the Client on the principles and use of Google Workspace. 
  11. Support – a support service offered by FOTC for Google Workspace in Basic, Plus, Comfort and Premium versions. 
  12. Audit – a service offered by FOTC to audit security settings in Google Workspace in basic and extended versions. 
  13. Chrome Enterprise Upgrade – a service offered by FOTC that includes the resale of licenses to manage hardware, i.e. Chrome Enterprise Upgrade, whose supplier is the Google company indicated in the respective terms of use of Chrome Enterprise Upgrade.
  14. Google Meet – a service offered by FOTC that includes the resale of licenses used for conference sets, i.e. Google Meet, the provider of which is the Google company indicated in the respective terms of use of Google Meet. 
  15. Equipment – a service offered by FOTC that includes the sale of equipment including Chromebooks, video conferencing kits for Google Meet, Chromeboxes, multimedia boards and other all-in-one and add-in-one devices ordered by the Client. 
  16. Services – collectively: Google Workspace, GCP Services, Training, Support, Audit, Chrome Enterprise Upgrade, Google Meet, and Equipment. 
  17. Data protection rules – means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (herein as: GDPR), the Personal Data Protection Act of 10 May 2018, as well as other national relevant and equivalent legislation. 

§2 PARTNER

  1. FOTC provides the Partner with the website at: https://fotc.com/contact-partner-programme/  through which the Partner can join the Partner Programme and accept the Terms and Conditions. To join the Partner Programme, the Partner’s data contact must be provided to FOTC. After providing them via the contact form and accepting the Terms and Conditions, FOTC arranges a meeting with the Partner in order to establish the financial conditions of cooperation within the Partner Programme. The Partner has access to the current content of the Terms and Condition at any time, which is available at: https://fotc.com/partnership-program-regulations/
  2. Any entrepreneur may become a Partner with the exception of employees and associates of FOTC and FOTC’s affiliates (related by capital or person).
  3. The participation in the Partner Programme is voluntary and prerequisite for joining the Partner Program is to provide data contact of the Partner via the contact form and acceptance of Terms and Conditions. 
  4. The Partner is obliged to provide the truthful data in the contact form. If data provided by the Partner is not truthful FOTC is entitled to not contact the Partner, delete Partner’s data from the database and not pay the remuneration.
  5. In the contact form, the Partner needs to provide FOTC with the following information:
  1. e-mail address, 
  2. name of the company
  3. NIP (Tax Identification Number)
  4. telephone number.
  1. After determining the financial conditions of cooperation, the Partner is obliged to provide all data necessary to receive the remuneration and performance of tax obligations according to the applicable law.
  2. If the Partner will not provide necessary information, FOTC is obliged to deny the payment of the remuneration. In case of any change of Partner’s data during the Partner Programme, Partner is obliged to inform FOTC about any change under the pain of excluding Partner from Partner Programme.
  3. The participation in the Partner Programme does not constitute an authorization of Partner to act on behalf of and for the benefit of FOTC, to submit any declarations of will, to determine any conditions of the cooperation with the Client including making any offer or negotiation. All arrangements regarding the cooperation between FOTC and the Client are made by the representative of FOTC.
  4.  Partner can not use the FOTC logo, the Google logo or any other entity relevant for the respective Service, in accordance with §1 of the Terms and Conditions, in its efforts to acquire Leads.

§3 PARTNER PROGRAMME RULES

  1. Partner receives the remuneration from FOTC for each effectively concluded agreement for Services between FOTC and Client, based on the Leads provided by the Partner. In case of:

a) Google Workspace Services – remuneration is one-off – it is a percentage (%) of the net invoice value for 12 months of use of Google Workspace Services (calculated on the basis of the fee for the first month of use of the Services by the Client). The condition for payment of remuneration to the Partner by FOTC is payment of the first invoice for the Services by the Client. 

b) GCP – the Partner’s remuneration is a percentage (%) set by FOTC of the paid net invoice value for each quarter (3 months) of the Client’s usage of the GCP Service and is due to the Partner for the first 12 months of GCP Service usage, i.e. the Partner will receive remuneration a maximum of 4 times. The condition for payment of remuneration to the Partner by FOTC is payment by the Client of all invoices for GCP Services for the period to which the billing applies. 

c) Training – the remuneration is one-off – the remuneration is a percentage (%) set by FOTC of the value of the first net invoice issued by FOTC, paid by the Client, for the Training. The remuneration is paid after the completion of the Training to which the first invoice issued by FOTC relates. In case of ordering by the Client of subsequent Trainings, the Partner is not entitled to receive remuneration on this account. 

d) Support – the remuneration is one-off – it is a percentage (%) set by FOTC of the net invoice value for 12 months of Support use (calculated on the basis of the amount of payment for the first month of Support use by the Client). The condition for payment of remuneration to the Partner by FOTC is payment of the first invoice for Support by the Client. 

e) Audit – the remuneration is one-off – it is a percentage (%) set by FOTC of the net invoice value paid by the Client. The remuneration is paid after the Audit is completed by FOTC. If the Client orders subsequent Audits, the Partner is not entitled to receive remuneration on this account. 

f) Chrome Enterprise Upgrade – the remuneration is one-off – it is a percentage (%) set by FOTC of the net invoice value for 12 months of Chrome Enterprise Upgrade usage (calculated on the basis of the amount of payment for the first month of Chrome Enterprise Upgrade usage by the Client). The condition of payment of remuneration to the Partner by FOTC is payment of the first invoice for the Services by the Client. 

g) Google Meet – the remuneration is one-off – it is a percentage (%) set by FOTC of the net invoice value for 12 months of Google Meet use (calculated on the basis of the amount of payment for the first month of Google Meet use by the Client). The condition for payment of remuneration to the Partner by FOTC is payment of the first invoice for the Services by the Client. 

h) Equipment – the remuneration is one-off – it is a percentage (%) set by FOTC of the value of the first net invoice issued by FOTC, paid by the Client, for the Equipment. The Partner’s remuneration is paid in the billing period falling after the lapse of 30 days from the date of receipt of the Equipment from the Client and payment of the first invoice issued by FOTC. 

  1. FOTC arranges financial conditions of cooperation with the Partner after his submission to the Partner Programme and acceptance of the Terms and Conditions. FOTC appoints representatives responsible for the Partner Programme, including arrangements regarding financial conditions of the cooperation.
  2. FOTC reserves the right to arrange financial conditions with each Partner individually and depending on the type of Services ordered by the Client. Financial conditions will be confirmed by the FOTC and the Partner in electronic form and will determine the Partner’s remuneration from FOTC. For active taxpayers of the tax on goods and services not benefiting from the exemption from this tax, this amount will be increased by the due tax on goods and services, according to the rate applicable on the date of payment of the remuneration. 
  3. Until the end of the calendar month, FOTC informs the Partner about the number of Clients who have signed agreements for Services with FOTC based on Leads provided by the Partner and information about invoices paid by the Client.
  4. Within 7 days after receiving the information mentioned in §3.4 of the Terms and Conditions, the Partner issues a VAT invoice (its amount depends on the Client’s payment of the invoices for the ordered Services) and sends the electronic invoice to FOTC to the following address:  [email protected] 
  5. FOTC pays the remuneration within 14 days from delivery of the properly issued invoice to the account number indicated on the invoice. 
  6. Partner appoints a person authorized to contact with FOTC and transfer Leads.
  7. The provided Lead can not include the data of FOTC’s Client who already has Services, who at the time of providing the Lead are in the phase of negotiating the terms of cooperation with FOTC, for any of the services offered by FOTC or those who cooperated with FOTC in the last 12 months counted to the date of providing a Lead.
  8. The Lead provided by the Partner are:
  1. Client contact details provided by the Partner to the following address: [email protected] 
  2. data sent by the Client by completing the contact form on the Partner’s website.
  1. The Partner may provide an unlimited number of Leads to the FOTC during the Partner Programme.
  2. Partner may resign from participation in the Partner Programme at any time by sending relevant information in electronic form to the FOTC to the address indicated in § 5.9 of Terms and Conditions. In the event of resignation, Partner retains the right to remuneration if the Client concludes a Service agreement with FOTC by the end of the following month after the resignation day.
  3. If during the Partner Programme FOTC finds out that the Partner’s actions are contrary to the provisions of the Terms and Conditions or legal provisions, FOTC has the right not to pay the Partner’s remuneration or to adjust the amount of the Partner’s remuneration.
  4. FOTC has the right to exclude the Partner from the Partner Programme or refuse to recognize Lead if the actions of the Partner or the Client are contrary to the provisions of the Terms and Conditions or applicable law. 
  5. If the Client’s data provided by the Partner are false, were obtained by the Partner with violation of the Personal Data Protection Rules or the entity has not consented to their transfer for the purpose of presenting Services, FOTC reserves the right not to pay the Partner remuneration for Lead containing such data.
  6. It is forbidden for the Partner to recommend the Services to itself and its affiliates. In this situation, § 3.12 of Terms and Conditions shall apply.

§4 PERSONAL DATA PROTECTION

  1. Detailed information regarding the personal data protection is to be found in our Privacy Policy available at: https://fotc.com/privacy-policy/ Please familiarize yourself with Privacy Policy before accepting the Terms and Conditions.
  2. Partner, in the event of the Client’s contact details being provided to FOTC, is always required to obtain the Client’s consent to provide this data for the purpose of contacting and presenting the offer regarding Services by FOTC. 
  3. Partner undertakes and guarantees that:
  1. for the purposes of participation in the Partner Programme, and in particular in connection with providing Leads to FOTC, meets the requirements set out in the Personal Data Protection Rules,
  2. the processing of personal data for the purpose referred to in point a) will not be caused by FOTC or lead the data subject to violation of the provisions on the Personal Data Protection Rules.
  1. Upon request, the Partner releases FOTC from liability for any violations, in particular the provisions on the Personal Data Protection Rules, personal rights or resulting from the Client receiving unsolicited commercial / marketing information that arose directly or indirectly in connection with the act or omission of the Partner or a person acting in on his behalf. The release from liability is not limited in amount and applies to all obligations and amounts (in particular legal expenses, claims, demands, losses, damages, costs of proceedings, penalties) which FOTC would be charged if the violation was caused by the Partner or persons acting on his behalf.

§5 FINAL PROVISIONS

  1. The Terms and Conditions may be updated and changed. The most recent version of the Terms and Condition will be available at: https://fotc.com/partnership-programme-regulations/ Partners will be informed about changes to the e-mail address provided during registration.
  2. The content of the Terms and Conditions valid from 8 October 2020 to 17 March 2022 is available at: https://fotc.com/partnership-program-regulations-old/. The content of the Terms and Conditions in force from 18 March 2022 to 8 January 2025 is available at: https://fotc.com/partnership-program-regulations-old-2/. The content of the Terms and Conditions effective from 9 January 2025 is available at: https://fotc.com/partnership-program-regulations/.
  3. In the event of a change of the Terms and Conditions, the Partner shall have the right to object to its changed content. This will be tantamount to the Partner’s resignation from participating in the Partner Programme. The objection must be submitted in electronic form within 14 days of being notified of the change, to the email address indicated in § 5.9 of Terms and Conditions. The Partner retains the right to remuneration if the Client concludes a Service agreement with FOTC by the end of the following month after Partner’s resignation.
  4. FOTC has the right to terminate the Partner Programme at any time. The Partner will be notified about the termination to the e-mail address provided during registration. The Partner retains the right to remuneration if the Client concludes a Service agreement with FOTC by the end of the month after the end of the Partner Programme.
  5. FOTC is not responsible for any damages resulting from violation of the Terms and Conditions by the Partner, and in particular for lost profits of the Client.
  6. Any disputes that may arise under the Terms and Conditions the Parties (i.e. Partner and FOTC) shall at first settle amicably. 
  7. The Terms and Conditions are binding as of 9 January 2025. 
  8. The Terms and Conditions are subject to Polish law.
  9. If you have any questions or concerns, please contact with us via:
  1. email: [email protected] 
  2. telephone: 532 519 010
  3. post mail to the address: ul. Rzeźnicza 32/33, Wrocław (50-130)

WE INVITE YOU TO ACTIVE PARTICIPATION

IN THE PARTNER PROGRAMME