Bussiness Conditions

General Business Conditions of INVESTER GROUP HOLDING s.r.o.

 

 1.8 Handling_of_complaints.pdf

 

 

GENERAL PROVISIONS

1. These Business Conditions (hereinafter “BC”) are an integral part of the contract concluded between INVESTER GROUP HOLDING s.r.o. (hereinafter “Intermediary”) and the applicant for participation in projects (hereinafter "Applicant"). These BC determine the rules for the participation of the Applicant in projects searched and offered by the Intermediary on www.invester.cz (hereinafter “Website”). Any deviating arrangements in the contract shall prevail over the wording of the BC. The Intermediary offers three different categories of project participation. The contract is concluded depending on the variant of project participation, but always by confirming a specific option (by clicking) on the Website.

2. The Applicant acknowledges that he or she cannot be guaranteed the the profit nor the return of the amount paid by the Applicant for participation in the project, although the Intermediary selects the projects and assists in their realization with their maximum professional effort and usually holds a share in the company implementing the project, because the success of each project is also dependent on circumstances that cannot be influenced by the Intermediary in any way.

 

 

DIRECT SHARE PURCHASE CATEGORY

3. In this variant, the Applicant becomes the owner of a specific share in a particular legal entity upon the contract conclusion and therefore, he or she becomes a shareholder of this legal entity with all the rights and obligations that are associated with it.

4. In the project offer, the total share offered for sale through the Intermediary, as well as the price for the 1% share, is stated. The Applicant chooses a specific project directly from the Website’s category named Direct Share Purchase, enters the amount he or she intends to buy and confirms their selection. The Intermediary’s system will then generate a payment order for the amount equal to the product of the ordered share percentage and the price per 1% share. The share price is paid with money (Czech crowns). The payment of the full amount through a non-cash transfer from the bank account of the Applicant to the bank account established by the Intermediary means a contract between the Intermediary and the Applicant was concluded. For each project, there is a separate bank account or sub-account.

5. The condition of the contract postponement is to fulfill the interest in the entire share offered for a particular project (in a particular legal entity). The contract with every Applicant becomes effective, when the contract with the last Applicant is concluded, securing the entire share purchase.

6. Through their system, the Intermediary will deliver each Applicant the power of attorney for all legal proceedings leading to the creation of a new legal entity, or transfer the share in an existing legal entity, immediately after meeting the postponement condition. Within 15 days, the Applicant is obliged to print out two copies of the execution of the power of attorney, to validly sign them and then, to deliver both of them to the Intermediary’s address. If the Applicant fails to do so, the Intermediary is entitled to a contractual fine equal to the amount the Applicant paid for their share. This does not affect the Intermediary’s entitlement to compensation in full. If the Intermediary does not receive the validly signed executions of the power of attorney in 20 days, they have the right to withdraw from the contract.

7. Immediately after receiving the executions of the power of attorney from a particular Applicant, the Intermediary will transfer the amount paid to the account associated with the realization of the project, i.e. to the account of the deposit administrator if the project is realized through the establishment of a new legal entity, and to the account of existing shareholders if the project is realized through the purchase of a stake in an existing legal entity.

8. If the project is not fulfilled within the timeframe specified for each project on the Website, the Intermediary is obliged to notify each Applicant, with whom a contract has been concluded, by means of their system, as well as to refund the amount paid to them within 10 days.

9. The Intermediary is entitled to commission from the project author. Details are specified in the agreement between the Intermediary and the project author.

10. The rights and obligations of the shareholder of the legal entity, in which they acquired a share, can be executed by themself or by the Intermediary if they are granted a written power of attorney with a certified signature. The Intermediary is obliged to accept the power of attorney thus granted. In case of authorization by the Applicant, the Intermediary is entitled to a commission of 1 000 CZK for every month of their authority and for every Applicant. The commission is payable once a year, by every 5th January of the following year. The Intermediary is obliged to respect the instructions of the Applicant if they are given to them. This does not apply, when the instructions are inconsistent with the law, with the internal regulations of the legal entity or with the legal entity’s interests. Every Applicant expressly acknowledges, that the Intermediator will represent more Applicants, whose interests do not need to be the same and as a result of that, they may proceed differently for each Applicant, including a different vote for each share at the general meeting. The Intermediary is empowered to assign the execution of the shareholder’s rights and obligations to another person.

11. If the legal entity shows the existence of profit in the relevant accounting period, which is usually a calendar year, the payment of the profit share to each of the Applicants/shareholders is tied to the decision of the legal entity’s competent authority. If the Intermediary is authorized with the execution of the shareholder’s rights and obligations, they will always vote for the payment of the biggest possible part of the profit to the shareholders; this does not apply if it would endanger the current financial situation or the stability of the legal entity, if it would jeopardize the likelihood of higher future profits gained from another investment of the current profit, and if they receive different instructions from the Applicant. The profit, reduced by the commission of the Intermediary referred to in Article 10 of these BC, will be paid to the Applicant once a year though a money transfer to the bank account stated in their account information on the Website (in Czech crowns).

12. Based on this agreement, there are no limitations for the Applicant in handling their share acquired in the legal entity.

 

 

INDIRECT SHARE PURCHASE CATEGORY

13. In this variant, the Applicant becomes the owner of a specific share in a particular legal entity upon the contract conclusion and therefore, he or she becomes a shareholder of this legal entity with all the rights and obligations that are associated with it, and the Applicant becomes entitled to the payment of the corresponding profit share paid by the legal entity.

14. In the project offer, the total share offered for sale through the Intermediary, as well as the price for the 1% share, is stated. The Applicant chooses a specific project directly from the Website’s category named Indirect Share Purchase, enters the amount he or she intends to buy and confirms their selection. The Intermediary’s system will then generate a payment order for the amount equal to the product of the ordered share percentage and the price per 1% share with the addition of the Intermediary’s commission, as stated in Article 19 of these BC. The share price is paid in cryptocurrency. The payment of the full amount through a non-cash transfer from the Cryptobanking Wallet of the Applicant to the Cryptobanking Wallet of the Intermediary means a contract between the Intermediary and the Applicant was concluded.

15. The current exchange rate of money (Czech crowns) and the cryptocurrency is listed on the Website. The rate is decisive as of the contract conduction date according to the previous article of these BC. The exchange rate risk is borne by the Applicant. The Applicant acknowledges that in Czechia, digital currencies and services related to them are not regulated by the Law and thus do not fall under the control and supervision of the Czech National Bank.

16. The condition of the contract postponement is to fulfill the interest in the entire share offered for a particular project (in a particular legal entity). The contract with every Applicant becomes effective, when the contract with the last Applicant is concluded, securing the entire share purchase. If the price of the cryptocurrency is reduced by 10% or less (cryptocurrency x CZK exchange rate is changed) within the period between the conclusion of the contract and the fulfillment of the postponement condition, the decrease (the loss) is borne by the project author and the Applicant is not obliged to pay any surcharge. If the price of the cryptocurrency is reduced by more than 10% within the period between the conclusion of the contract and the fulfillment of the postponement condition, the Intermediary will ask the Applicant to transfer the amount of the price difference to the Intermediary’s Cryptobanking wallet within a deadline of the Intermediary’s specification. If the surcharge is not paid within the specified deadline, the Intermediary shall be entitled to a contractual fine of 2% of the amount initially paid by the Applicant, as well as to withdraw from the contract. If there is an increase in the price of the cryptocurrency within the period between the conclusion of the contract and the fulfillment of the postponement condition, the increase (the profit) goes to the project author.

17. Immediately after meeting the postponement condition, the Intermediary will fulfill their obligation to pay the price of the entire share in the company which is realizing the project.

18. If the project is not fulfilled within the timeframe specified for each project on the Website, the Intermediary is obliged to notify each Applicant, with whom a contract has been concluded, by means of their system, and to refund the amount paid to them within 14 days.

19. The Intermediary is entitled to a commission of 8% of the amount paid by the Applicant for a share in the project. The Intermediary’s entitlement to the commision arises upon the transfer of the amount paid by the Applicant to the account associated with the realization of the project pursuant to Article 17 of these BC.

20. The rights and obligations of the shareholder of the legal entity, in which they acquired a share, is executed by the Intermediary themself and therefore, they are not obliged to follow the instructions of the Applicant. The Intermediary is empowered to assign the execution of the shareholder’s rights and obligations to another person.The Intermediary is entitled to a commission against the Applicant only if they agree on it for a specific project. The same applies to the Intermediary’s entitlement to a commission against project author.

21. If the legal entity shows the existence of profit in the relevant accounting period, which is usually a calendar year, the payment of the profit share to each of the Applicants/shareholders is tied to the decision of the legal entity’s competent authority. The Intermediary will always vote for the payment of the biggest possible part of the profit to the shareholders; this does not apply if it would endanger the current financial situation or the stability of the legal entity, if it would jeopardize the likelihood of higher future profits gained from another investment of the current profit, and if they receive different instructions from the Applicant. The profit, reduced by the commission of the Intermediary referred to in Article 20 of these BC, will be paid to the Applicant once a year though a transfer to the Cryptobanking wallet stated in their account information on the Website at the exchange rate (Czech crowns) listed on the Website on the day of the payment.

22. The Applicant is not entitled to transfer the indirect share in the project gained under this contract to another person. If the Applicants asks for it, the Intermediary is obliged to offer this indirect share to other Applicants, the Intermediary has the right to redeem the indirect share from the Applicant (to pay them out) for the amount agreed between them.

 

 

PROJECT SUPPORT CATEGORY

23. In this variant, the Applicant will be entitled to goods or services of the value of their choice delivered by a specific legal entity.

24. Value options for goods or services are always listed in the project offer. On the Website, the Applicant will choose a particular project from the Project Support category, enters the amount he or she is willing to pay and confirms their choice. The Intermediary’s system will then generate a payment order for this amount. The price is paid with money (Czech crowns). The payment of the full amount through a non-cash transfer from the bank account of the Applicant to the bank account established by the Intermediary means a contract between the Intermediary and the Applicant was concluded. For each project, there is a separate bank account or sub-account.

25. After the payment is accepted, the Intermediary will immediately issue a voucher through their system specifying the legal entity, to which the Applicant is entitled, the goods or services to be received by the Applicant, as well as their price, and deliver it to the Applicant.

26. The Intermediary is obliged to ensure the establishment of a legal entity defined in the project, or the purchase of a share in it. The Intermediary has no responsibility in the event that such legal entity does not fulfill its obligations towards the Applicant, the Intermediary does not guarantee the fulfillment of the legal entity’s obligations nor is liable for these obligations.

 

 

 

FINAL CONDITIONS

27. Unless these BC say otherwise, the Applicant shall provide all instructions and make all negotiations for the performance of this contract through their account on the Website created by the Intermediary separately for each Applicant. Unless these BC say otherwise, the Intermediary delivers the Applicants all notices and documents through their account on the Website. The day of delivery shall be the date when the relevant document was made available to the Intermediary in their account, regardless of when the Intermediary logged into their account.

28. The Applicant creates an account upon registration on the Website. When creating the account, the Applicant must enter accurate and truthful information - their name, surname, date of birth and place of residence. When creating the account, the Applicant chooses a username and a password through which he or she will log into their account every time they visit the Website. The Intermediary is not responsible for any damage caused to the Applicant by a crack or loss of their password and/or username, or its disclosure to a third party, a network failure, or a breach of the contract by the Applicant.

29. Upon the registration on the Website and the account creation, the Applicant has confirmed that he or she is not a politically exposed person or a person against which the Czechia applies international sanctions in accordance with the Act on the Implementation of International Sanctions, and that the funds intended for the execution of the contract do not come from criminal activity. The Applicant must notify the Intermediary if the situation changes. If any of the statements proves to be untrue, the Intermediary is entitled to immediately cancel the account of the Applicant on the Website and withdraw from the contract.

30. The information exchanged between the contracting parties during the term of the contract are considered confidential and thus, the other contracting party has no right to use such information differently than in the execution of this contract, unless he or she is deprived of this confidentiality by the other contracting party. Each contracting party is also responsible for the fulfillment of this obligation by third parties, with whom they shared these confidential information in connection with the execution of the contract. This obligation continues even after this contract is terminated. This obligation does not apply in the event of a dispute between the contracting parties resolved by a court or other competent authority.

31. In other cases, the mutual relations of the contracting parties are governed by generally binding legal regulations of the Czechia. Both contracting parties have agreed that their disputes which cannot be resolved amicably and are arising out of or relating to this contract will be debated, as well as decided, by the General Court of the Intermediary in accordance with the procedural law of the Czechia.

32. The Intermediator processes personal data in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data in its up-to-date version (hereinafter “PPD”), and as an administrator, he or she is duly registered with the Office for Personal Data Protection. The Applicant agrees with the collection, storage and processing of the personal data contained in the registration and order form of the Intermediary from the day of the consent submission to its withdrawal or termination of the Intermediary's activity. The Applicant is aware of their rights under Section 12 and 21 of the PPD, and they declare that they have familiarized themself with all the completed parts of the form, and that the data they have completed are accurate, true and provided on a voluntary basis. The consent to personal data processing can be revoked through a request sent to the Intermediary. If there is any suspicion that the Intermediary is processing the personal data in a way that is in violation of the law, the Applicant may request a correction of the defective condition. In accordance with Section 5 of the PPD, all data contained in the form are collected and processed solely for the purpose of executing transactions under this contract, as well as for the purpose of sending commercial communications through electronic media in accordance with Act No. 480/2004 Coll., on certain Information Society Services. The Intermediator declares that they will collect the personal data of the Applicant only to the extent necessary for the fulfillment of the stated purpose and that they will process them only in accordance with the purpose for which they were collected. Employees of the Intermediary, or other natural persons processing personal data under the contract, as well as other persons, are obliged to maintain personal data confidentiality in accordance with Section 15 of the PPD. The provision of personal data is voluntary, however, if the personal data are required to be stated in registration or order form, their provision is a necessary condition for the realization of this contract.

33. Both contracting parties declare that they do not feel like a weaker party. Both contracting parties take on the risk of changing circumstances and waive the right to demand the cancellation of the obligations of this contract. The rights arising from this contract cannot be forwarded without a prior written consent of the other party. The provisions of the Civil Code on the change of circumstances and disproportionate reduction shall not be applied to the obligations arising from this contract.

34. The Intermediary is entitled to change these BC unilaterally. The Intermediator will announce such a change of conditions to every Applicant through their account on the Website. The Applicant has the right to reject these changes and for this reason, withdraw from the contract within the notice period of 14 days.

35. These Business Conditions are effective from November 24, 2017.

 

 

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