Terms and Conditions
General Terms and Conditions for Sales Partnerships,
Including an Agreement on an Alternative Place of Jurisdiction
Preamble / Ethical Rules
We welcome you warmly on behalf of our company as an Independent Marketing Associate IMA (hereinafter referred to as our “IMA”), and wish you every success and pleasure in your activities as an independent IMA of ONECOIN LIMITED, a company duly registered and existing under the laws of Gibraltar (hereinafter referred to simply as “ONECOIN”). Regarding the distribution of our products and contact with others, it is of utmost importance to ensure a consistently friendly and secure experience for our customers marked by reliability and fair cooperation with each other and with the entire world of network marketing, while upholding the law and ethical principles.
We therefore ask you to read the following ethical rules as well as our general terms and conditions for partnerships thoroughly read and make these principles your guide in your day-to-day exercise of your activity.
Ethical rules for dealing with consumers
- Our IMA advise their customers honestly and sincerely, clarifying any misunderstandings about goods, the business opportunity, or other statements made during consulting discussions.
- At the customer’s request, the sales conversation can be omitted, postponed, or amicably discontinued once started.
- When contacting a customer, the IMA shall inform the consumer about all aspects of the product (such as purpose, characteristics, or application) and also, if requested, concerning the potential for further sales.
- All information provided about the goods must be comprehensive and truthful.
- An IMA may not make any claims, promises or other indications about potential speculative changes in exchange rates.
- The consumer should not be led to purchase the products through dubious and/or misleading promises nor by promising special benefits when these are linked to uncertain future outcomes.
- IMA may not make any comments with respect to their compensation or the potential remuneration of other IMA. Furthermore, an IMA may not guarantee payments or otherwise raise expectations.
- An IMA may not claim that the ONECOIN compensation plan or goods have been endorsed, approved, or supported by any government agency.
Ethical rules for dealing with IMA
- IMA must always treat each other fairly and respectfully. The same also applies to dealing with partners in other network marketing companies.
- New IMA should be informed truthfully about their rights and obligations. No information should be provided concerning potential revenue and earnings opportunities.
- No verbal assurances may be made regarding ONECOIN goods and services.
- IMA are not allowed to poach IMA from other companies. Furthermore, IMA are not allowed to suggest that other IMA change their sponsor within ONECOIN.
- Compliance with the obligations of §§7-10 of the following General Terms and Conditions in addition to these ethical rules is required at all times.
Ethical rules for dealing with other companies
- ONECOIN IMA will always be fair and honest in their conduct towards other network marketing companies.
- The systematic recruitment (poaching) of partners is not permitted.
- Disparaging, misleading, or unfair comparative statements about the goods or distribution systems of other companies is prohibited.
Having introduced our company’s basic ethical rules, we would now like you to become familiar with the ONECOIN General Terms and Conditions for IMA.
General Terms and Conditions for IMA
§1 Scope of validity
(1) The following General Terms and Conditions for IMA are an integral part of every sales partnership agreement between.ONECOIN , a company duly registered and existing under the laws of Gibraltar, represented by its Managing Director(s) (hereinafter simply referred to as “ONECOIN”) and the independent, self-employed IMA (hereinafter referred to simply as the “IMA”).
(2) ONECOIN provides its services solely on the basis of these General Terms and Conditions for Partnerships.
§2 Subject of the contract, equipment packages and additional services
(1) ONECOIN is a software and technology corporation that sells high-quality products and services such as training and continuing education courses, cloud services, other digital and material goods and services (hereinafter referred to as “goods”) on the international markets. IMA may market ONECOIN goods so that the procurement of products will be basis of all of their business. For the packages Infinity, Premium Trader, Tycoon Trader, Executive Trader, Pro-Trader, Trader and Starter the main content is educational material. The tokens generated give access to the mining pools of ONECOIN but not guarantee that and how many coins will be received. The total number of coins mined can be subject to change according to the company’s strategy. Customers are not entitled to sell or buy coins on the internal exchange. Orders are executed based on demand and supply. The IMA will receive a bonus for his/her marketing activity. This activity does not require IMA to incur any expenses, to accept delivery of a minimum quantity of ONECOIN goods, or to recruit new IMA. Free registration is the only requirement.
(2) In addition, there is a possibility, but not the obligation to recruit other IMA. Upon obtaining the required qualification, IMA receive a bonus for the support they provide to those IMA they recruit. A bonus is expressly not paid for the mere recruitment of new IMA. The bonus and the manner in which it will be paid will be based on the compensation plan in force at that time.
(3) ONECOIN will provide IMA with an online back office for their activities free of charge; said back office will provide an up-to-date and comprehensive overview of their sales, bonuses, and their growth in customer and downline figures. In addition, partners may, but are not required to, purchase various services, continuing education packages, etc. such as a personalized website for their business by signing a separate agreement with ONECOIN.
§3 General prerequisites for entering into a contract
(1) Contracts may only be concluded with legal entities, partnerships or individuals provided that they or their managers are entrepreneurs and are at least 18 years of age. No contracts may be concluded with consumers.
(2) If a partnership application is submitted by a legal entity or a partnership (organized as a GbR, OHG, KG, etc.), said entity or partnership must provide a corresponding commercial register extract (if available for the partnership), together with all relevant articles of association and other comparable documents, as well as their VAT identification number (if available). All shareholders of the applicant and all shareholders of any legal entity or partnership holding shares in said applicant must be at least 18 years of age, be severally and personally liable to ONECOIN for the applicant’s actions, and must personally sign any and all applications (if submitted offline).
(3) Any and all online forms constitute an integral part of the contract.
(4) The application must be completed accurately and completely, and then signed by the IMA, with the original sent to ONECOIN. By signing the application, the IMA hereby acknowledges the receipt of these General Terms and Conditions for IMA and accepts the same as an integral to the contract. Alternatively, these General Terms and Conditions may be accepted in conjunction with online applications by checking the box thus indicated. ONECOIN reserves the right to obtain further information from the IMA on a case-by-case basis. By submitting the application, the IMA is also applying for the OnePayments e-wallet platform, an electronic payment service from ONECOIN that allows accelerated payment of bonuses; the registration for this service may be deactivated by the IMA at any time by sending an email to ONECOIN customer support at this email-address. email@example.com
(5) Any changes to the partners’ personal data must be made immediately in the designated section of the ONECOIN back office.
(6) ONECOIN reserves the right to refuse partnership applications at its discretion, without any need to provide cause. ONECOIN expressly provides notice at this time that no applications from potential partners in Iraq or Iran will be accepted.
(7) In the event of a breach of any obligation stipulated in paragraphs (1) to (2) and (4)(2), ONECOIN shall be entitled to terminate the partnership agreement without notice and, if deemed necessary, demand the return of any bonuses that have already been paid out. In addition, ONECOIN expressly reserves for such cases the right to seek further redress for damages.
§4 The status of IMAs as entrepreneurs
(1) In this business relationship, the IMA are acting as independent, autonomous entrepreneurs. They are not ONECOIN employees, sales representatives, or brokers.There are no requirements as to revenues, sales, minimum deliveries, etc. IMAs are not subject to any instructions from ONECOIN, with the exception of their contractual obligations, and they bear the full entrepreneurial risks of their business activity, including the obligation to pay all their business costs and the wages of their employees, if any. The IMAs shall set up and operate their businesses in accordance with sound business principles, including the operation of their own offices or other workplaces appropriate for the conduct of business.
(2) As independent entrepreneurs, IMAs are personally responsible for compliance with the relevant legal provisions, including tax and social insurance requirements (e.g. registration for a VAT ID number, registration of their employees in the social insurance system, obtaining business licenses if required). In this regard, IMAs warrant that that will comply with all tax and other payment obligations (such as customs duties or import taxes) such as may be required by the jurisdiction of their registered office concerning the bonuses earned from their activities for ONECOIN. ONECOIN reserves the right to deduct the respective amount for taxes and fees from the bonus and/or demand reimbursement for damage or expenses incurred by due to the IMA’s breach of the foregoing stipulations, in the event that the IMA is responsible for the same. ONECOIN does not pay social insurance contributions or other taxes related to deliveries for IMA. The IMA is not authorized to make any statements or comments on behalf of ONECOIN.
(3) ONECOIN would like to point out expressly that the IMA’s success depends entirely on their personal commitment, abilities, and effort. ONECOIN does not guarantee or warrant any specific level of remuneration or other income from the mere participation in its distribution system and also does not provide a package of services that would result in such guaranteed remuneration.
§5 Notice concerning the voluntary right to revoke this contract
You are registering with ONECOIN as an entrepreneur and not as a consumer and therefore do not have the statutory right to revoke this contract. Nevertheless, ONECOIN is voluntarily granting you a right to rescind this contract within two weeks.
Voluntary right of cancelation
You can revoke your contract by providing written notice (by letter or email) within two weeks without any need to provide cause. The two-week period begins once you submit your partnership application. The deadline is considered met if the notice has been sent by the deadlines, as evidenced by the date of the postmark or email; the contract may also be canceled by returning the starter kit by the same deadline.
The revocation must be sent to:firstname.lastname@example.orgemail@example.com or to: Sofia; Republic of Bulgaria; 12 blvd. “Tsar Osvoboditel”, postal code 1000; to the attention of One Network Services Ltd. acting as Service provider entity of ONECOIN.
Consequences of canceling this contract:
If the contract is canceled, any benefits, payments, and/or services received by either party must be returned according the refund- and cancellation policy stated under § 16 (8) and (9) to the other, together with any benefits derived from the same. At this time, we expressly indicate that the services are considered to have been used once the IMA has accessed the services electronically. If you cannot return the services received either in full or in part, or you can only return them in a condition worse than that in which they were received, you must reimburse for the loss in value. All payment refunds must be made within 30 days. For you, the period begins when you send your revocation notice, and for us upon receipt of the same.
An IMA may re-register with ONECOIN after canceling their previous contract, provided that said cancelation of the IMA was more than 12 months earlier and that the IMA has not since performed any activities for ONECOIN in the interim.
§6 Administrative, support, and handling charges / Delivery of Products
(1) By applying for and being accepted for a partnership agreement with ONECOIN, IMAs obtain the right to use the back office provided to them. This is a simple, non-transferable right to use the specific back office. IMAs have no right to modify, edit, or otherwise reorganize the back office nor may they grant sublicenses to the same.
(2) The IMA agrees that the ownership of products that his purchase transfers to him upon delivery of bids and/or other product packages that becomes available for use athis personal website. The said means that the risk of loss and title for such items pass to the IMA, at the time they become available forhim and the IMA hereby confirmsthat he will be considered as having broken the seal (started using the product) of the products by logging in to his Onecoin website and/or accessing the product storage of your back office.
(3)The IMA hereby agrees that he understands and accepts that ONECOIN not liable for any delivery delay or loss of product or subsequent losses resulting from such delays if not causeswith negligence by ONECOIN.
(4) For any product that is to be provided to the IMA in an electronic format, he agrees that delivery of such product shall be deemed to have occurred either (a) at the time ONECOIN transmits the product via email or other electronic comthe IMA that the product is available for downloading and/or viewing at the ONECOIN website.
§7 IMAs’ marketing and other general obligations
(1) IMAs are obligated to protect their personal passwords and user names from third parties. IMAs are prohibited from harming the rights of or harassing ONECOIN, its other SALES PARTNERs, its affiliated companies, or other third parties in the course of their activities; they are prohibited from violating any other applicable laws. Furthermore, IMAs are not permitted to make false or misleading statements about ONECOIN products or its sales system. In the course of their sales activities and structural work, IMAs will only make such statements about the goods offered by ONECOIN and the ONECOIN sales system as correspond to the content of ONECOIN’s marketing and informational materials. Further misconduct or the bonus of illegal activities, such as the use of unauthorized or unfair advertising practices (such as misleading statements) is prohibited.
(2) IMAs may not disclose any information about their income or the earning opportunities provided by ONECOIN in any of their promotional materials. IMAs are instead expressly required to inform potential partnership applicants that only very few partners can achieve higher incomes with their ONECOIN activities and that such incomes are only possible through very intensive, continuous effort.
(3) IMAs may use, produce or disseminate their own sales documents, websites, product brochures, promotion videos, or other self-generated online or offline media and advertising materials only in accordance with the contractual requirements and current legislation. In addition, they are allowed to only work with the official ONECOIN advertising claims. The aforementioned also applies to advertising ONECOIN services on their own or external websites. In the event that IMA promote ONECOIN services in other online media such as social networks (e.g. Facebook), blogs or chat rooms, they must always only use official ONECOIN advertising messages. Furthermore, when using other online media, IMA must explicitly indicate that it is not an official ONECOIN advertisement or online presence.
(4) ONECOIN services and IMAs’ activities for ONECOIN may be presented face-to-face at home-based parties or other events, online parties, webinars or other online presentations.
(5) The services may not be offered at auctions, public or private online flea markets, swap networks, online department stores, online markets such as eBay, Amazon or comparable venues. Advertising in electronic media and mass media is only conditionally allowed. IMAs may advertise ONECOIN products and services on TV, cable TV, radio, newspapers, email or other forms of electronic media or mass media only with prior written consent. Said consent may be withheld by ONECOIN at its sole discretion.
(6) IMAs are required to identify themselves as INDEPENDENT ONECOIN associates/ partners in all of their business dealings. As a rule, all websites, stationery, business cards, car labels, advertisements, promotional materials and the like shall include the words “INDEPENDENT ONECOIN SALES PARTNER.” IMAs are also prohibited from applying for or taking out loans, incurring expenses, making commitments, opening bank accounts or entering into any other contracts on behalf of, in the interest of or in the name of ONECOIN.
(7) All travel costs, expenses, office expenses, telephone charges and other expenses for advertising materials are the IMAs’ responsibility.
(8) In the course of their business activities, IMAs are not authorized to make negative, disparaging or otherwise unlawful comments or assessments about competing or other third-party companies, brands, logos or other trademarks.
(9) All presentations, advertising materials, training and film materials etc. (including photographs) used by ONECOIN are protected by copyright. IMAs may not copy, distribute, disclose, or otherwise modify the content either in whole or in part in any way that goes beyond the usage already granted contractually without the express written consent of ONECOIN.
(10) The use (or modification) of the ONECOIN label, registered trademarks, product names, titles of works or trade names beyond the scope of the advertising materials and other official ONECOIN documents already provided requires the express written consent of ONECOIN, which it may grant or withhold solely at its discretion. Partners are further prohibited from registering their own trademarks, titles, websites or other intellectual property rights that contain the ONECOIN logo, trademark, product names, titles, or trade names of ONECOIN in any other country. The aforementioned prohibition applies to both identical and similar signs and the use of the aforementioned character in subdomains or other subcategories of the URL. The repackaging and relabeling of ONECOIN products is also prohibited.
(11) IMAs are not allowed to respond to press enquiries concerning ONECOIN, its services, its marketing plan, or any other matter concerning ONECOIN. The IMA is obliged to immediately forward all press enquiries to ONECOIN at the email address: firstname.lastname@example.org. In addition, IMAs will only make public statements (such as on television, radio or online forums) concerning ONECOIN, its range of products, and the ONECOIN sales system after obtaining the written consent of ONECOIN.
(12) The IMA will notify ONECOIN of the location, time and content of promotional events designed to appeal to the general public in advance of issuing invitations to such events. ONECOIN may at its sole discretion require changes or even the cancelation of such events
(13) Customer inquiries or complaints of any kind concerning the goods, service, or the compensation system are to be forwarded immediately to ONECOIN at the email address email@example.com
(14) Re-selling of gift codes at a discount price is strictly prohibited and against OneCoin’s policy. You can resell gift codes only to your own downline. Violation of this policy leads to this that your money will not be returned.
(15) IMAs may only market ONECOIN services or recruit new IMAs in those states officially authorized by ONECOIN.
(16) IMAs are always prohibited from selling their own marketing and/or sales documents to other ONECOIN IMAs or from otherwise distributing them.
(17) The use of premium rate telephone numbers to market ONECOIN activities or products is not permitted.
(18) IMAs must notify ONECOIN immediately and truthfully of any violations of the General Partnership Terms and Conditions and the ONECOIN Code of Conduct or of any other provisions of the company.
(19) ONECOIN allows IMAs to acquire goods for their personal use or that of their family members or for further resale. Under no circumstances should IMAs initiate the purchase of products in large quantities for their own, any family member’s or other IMA’s consumption, which inappropriately exceed the normal requirements within a household.
(20) In addition, sales partners are prohibited from sending unsolicited (spam) advertising emails, faxes or SMS messages.
The abuse and misuse of email by an OneCoin (COMPANY) Independent Marketing Associate (IMA) is a serious problem. COMPANY will not tolerate SPAM.
Definition of UCE (Unsolicited Commercial email), or SPAM:
- The bulk UCE, promotional material, or other forms of solicitation sent via email that advertise any IP address belonging to COMPANY or any URL (domain) that is linked to www.onecoin.eu and www.onecoin.com or other web sites owned or operated by COMPANY.
- The use of web pages set up on ISPs (Internet Service Providers) that allow SPAM (also known as “ghost sites”) that directly or indirectly reference customers to domains or IP addresses linked by www.onecoin.eu and www.onecoin.com or other web sites owned or operated by COMPANY.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
Repercussions of SPAM:
Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice. SPAM is not only harmful because of its negative impact on consumer attitudes toward COMPANY, but it can also overload COMPANY, resources and other services.
Since it is unsolicited, users who receive SPAM often become angry and send complaints to our service providers. It can cause negative consumer attitudes and drain resources. The COMPANY strives to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.
Consequences for use of SPAM:
The COMPANY reserves the right to terminate, without warning, any IMA that violates this policy. Usage of COMPANY services constitutes acceptance and understanding of this policy. COMPANY reserves the right to decide what it considers “SPAM”, “UCE”, “mail bombing”, or “bulk email”, and to determine from all of the evidence whether or not the email recipients were from an “opt-in” email list.
If an IMA or an IMA’s Web site is mentioned in a SPAM complaint, said IMA may be subject to immediate termination.
The COMPANY will not allow the actions of a spammer to compromise the COMPANY’S IMA community. As such, the COMPANY reserves the right to the following actions against a violating IMA:
- Termination of position and Web site immediately without a refund of any kind,
- Forfeit use of all COMPANY services,
- Face a possible fine of €250.
- The violating IMA exposes himself/herself to all civil and criminal liabilities in the jurisdictions applicable.
Please Note: IMA must pay €250 to €500 to the COMPANY’S service providers for excessive SPAM complaints. If an IMA is the user who is violating the SPAM policy resulting in the COMPANY having to pay €250 to €500 penalty, the violating IMA WILL BE HELD RESPONSIBLE AND MUST PAY THE FINE.
The COMPANY reserves the right to determine what violates it’s No SPAM Policy.
This SPAM (UCE) Accepted Use Policy and all other COMPANY policies are subject to change by COMPANY without notice. Continued usage of the services after a change to this policy is implemented and posted on the COMPANY site constitutes an IMA’s acceptance of such change or policy. COMPANY encourages all IMA’ to regularly review and check the www.onecoin.eu site for any changes or additions.
The Company is furthermore not responsible for any of our Independent Marketing Associates claims about income, team building or others. The Company has a ZERO tolerance what comes to unprofessional behavior that can in any way shape or form the reputation about OneCoin. If you encounter unprofessional behavior please let us know immediately so that we can take appropriate action against the said.
Furthermore the use of false headers in emails or falsifying, forging or altering the origin of any email in connection with the Company and/or its products and services is strictly prohibited.
If a person or entity indicates that they do not want to receive email, you agree not to send email to such person or entity. If a person initially agrees to receive email, but later asks to stop receiving email, you must abide by that request.
The Company also prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service or otherwise.
§8 Non-competition clause / Poaching / Sale of third-party services/ conflict of interests
(1) IMAs are allowed to sell goods and/or services for other companies, including network marketing companies, to the extent that such are not competitors of ONECOIN. If IMAs are simultaneously active for several companies or network marketing companies, they agree to organize their business activities (along with their respective downlines) in such a way as to avoid any connection or mixing of their activities for these other companies with their activities for ONECOIN. In particular, IMAs may not offer products other than ONECOIN products at the same time, in the same place or in the immediate vicinity or on the same website, Facebook page or other social media/online platform.
(2) IMAs are also prohibited from recruiting other ONECOIN IMAs for the sale of other companies’ products.
(3) IMAs are also prohibited from violating - by entering into another contract – the rights of other IMAs or other sales contracts concluded with further companies and the clauses of which are still valid.
IMAs shall observe strict confidentiality regarding business and trade secrets of ONECOIN and its structure. In particular, the trade secrets include information on downline activities and the information contained therein as well as data about customers and SALES PARTNERS. This obligation shall remain in effect even after the termination of the partnership agreement.
§10 Protection of downline partners / Crossline sponsoring / Bonus manipulation
(1) Every new IMA recruited by an active IMA to register as a ONECOIN IMA or to sell ONECOIN products will be assigned to that same recruiting IMA (protection of downline partner) within its downline based on the time and date that the new IMAs' application was paid and received by ONECOIN. If two IMAs claim to have sponsored the same new IMA, ONECOIN will assign the new IMA only to that recruiter named in the new partner’s initial application.
(2) ONECOIN is entitled to delete all personal data, including the email address of an IMA from the system, if advertising mail, letters or emails are returned marked “moved”, “deceased”, “rejected”, “unknown” etc. and the IMA fails to correct the erroneous data within a reasonable grace period. If ONECOIN incurs any costs for undeliverable advertising items and packages, it is entitled to recover said costs from the registering IMA, provided that they are responsible for such failure to deliver.
(3) In addition, cross-line sponsorship and any attempt to do the same within the company are prohibited. Cross-line sponsoring means the acquisition of a person or a company already an IMA in another ONECOIN sales line or that has had a previous partnership agreement with ONECOIN within the last 12 months. Using the names of spouses, relatives, trade names, corporations, partnerships, trusts, or other third party names to circumvent this provision is also prohibited.
(4) Bonus manipulation is prohibited. In particular, this includes the sponsoring of SALES PARTNERS who are actually not involved in business activities for ONECOIN (also known as shell vendors), as well as, open or concealed multiple registrations, to the extent that these are prohibited. The use of names of spouses, relatives, trade names, corporations, partnerships, trusts, or other third party names to circumvent this provision is also prohibited.
(5) IMAs may not attempt to protect any sales territory.
§11 Warnings, contractual penalty, compensation, indemnity
(1) The first time IMAs are in breach of the obligations set forth in §7, they shall receive a written warning from ONECOIN with a deadline of 10 days to rectify the breach. IMAs agree to reimburse ONECOIN for all costs incurred by such warnings and, in particular, any lawyers’ fees.
(2) It is hereby pointed out that §16(2) herein expressly gives ONECOIN the right to an extraordinary termination of the IMA without warning for any breach of the obligations set forth in §§8, 9 and 10(3) or (4), as well as for a particularly serious breach of the obligations set forth in §7 or any other applicable contractual or other right set forth in the law. Notwithstanding the right to immediate extraordinary termination without notice set forth in §16(2), if the above-mentioned breaches of obligations occur, ONECOIN reserves the right at its discretion to issue a warning as described in (1) above before any such extraordinary termination of the contract, even if this warning stipulates a shorter grace period for remedial action.
(3) If the provided grace period expires and the same or a fundamentally identical breach of obligations is committed, or if the originally protested breach is not remedied, a contractual penalty in the amount of €5,100.00 will become due for immediate payment. In addition to the contractual penalty itself, the IMA shall be responsible for reimbursing all attorneys’ fees associated with its collection.
(4) The contractual penalty notwithstanding, the IMA is also liable for any and all damages incurred by ONECOIN through the breach of obligations as set forth in §§7-9 and §10 paragraphs 3 and 4, unless the IMA is not responsible for the same.
(5) Upon first request, the IMA shall indemnify ONECOIN against any and all claims by third parties arising from the IMA’s breach of obligations set forth in §§7-9 and §10 paragraphs 3 and 4 or any other violation of applicable laws. In particular, IMAs agree to cover all costs, especially attorneys’ fees, court costs and damages incurred by ONECOIN in addressing such matters.
§12 Adjustment of prices
ONECOIN reserves the right, particularly taking into account any changing market conditions, to change the licensing structure and/or the prices to be paid by IMAs. Likewise, ONECOIN reserves the right to change, and, in particular, increase, the shares in bonuses associated with its services, the compensation plan and usage fees at the beginning of each new billing period. ONECOIN will give the IMA reasonable advance notice of such changes. Price increases of more than 5% or changes to the compensation plan to the detriment of the IMA are grounds for the IMA to object to the change. Should partners not object to the changed conditions within one month after their announcement, the changed terms shall become an integral part of the contract. There is no requirement to notify the IMA of any changes that are known at the time the partnership agreement is signed and such changes do not constitute grounds for future rejection of the same by the IMAs. If IMAs object to any change in these terms, ONECOIN is entitled to terminate the contract as of the date on which the modified or amended terms and conditions would come into effect.
§13 Payment methods
ONECOIN accepts the following payment methods for the purchase of goods:
- Bank transfer
- Electronic transfer through Perfect Money platform or One Payments e-wallet
- Credit card
§14 Remuneration / Payment terms / Bonus payment methods / Prohibition on the assignment of payments
(1) As compensation for their activity and upon reaching the required qualifications, IMAs will receive bonuses which arise according to the respective qualification requirements in the ONECOIN MARKETING PLAN. IMAs will examine the statements and notify ONECOIN of any objections immediately. All claims for bonuses are based on the applicable compensation plan available to IMAs at any time in their back office.
(2) ONECOIN reserves the right to require IMAs prove their identity before any bonuses are paid for the first time or services delivered. ONECOIN may at its discretion require that the partners’ identity be proved within 5 working days with a copy of their personal ID or passport, an excerpt from the commercial register, a VAT certificate, or that of some alternative TAX ID, potentially in conjunction with a recent electricity, gas water or other utility statement.
(3) IMAs will provide ONECOIN with their tax ID and a copy of the confirmation letter from the responsible tax office immediately upon opting to pay VAT on their business activities or when their business volume exceeds the thresholds set for small business exemptions.
(4) Bonuses and charges for the delivery of services of IMA may only be paid to accounts held in their name or that of a partnership or legal entity in a contractual relationship with ONECOIN, unless otherwise expressly agreed.
(5) ONECOIN is entitled to assert its right of retention in accordance with the law. In addition, ONECOIN may exercise its retention right by withholding the payment of bonuses if any of the documents required by law, (such as the VAT identification number for legal entities, as requested and issued; and business registration etc.) have not been provided upon request before the first payment is due. If ONECOIN exercises its right to withhold bonus payments, the parties hereby agree that the IMA shall not demand interest on the amount payable.
(6) If IMA lose their qualified IMA status, they forfeit all claims to bonuses from the time said status is lost. It is of course possible for the IMA to regain the respective qualification in the future again, but without reactivation of previous bonus claims.
(7) ONECOIN is entitled to fully or partially offset its claims against IMAs against their bonus claims. IMAs are only entitled to offsets when counterclaims are undisputed or have been established by a court of law.
(8) IMAs may not assign or pledge claims arising from the IMAs agreements unless ordered by a court of law. This agreement may not be encumbered with the rights of third parties, unless ordered by a court of law.
(9) ONECOIN must be notified in writing within 5 working days of any incorrect bonuses or other payments. After this time, the bonuses or other payments shall be deemed as accepted and approved.
(10) The bonuses are paid out weekly taking into account the ONECOIN payment methods and payment types and based on specific request of the IMA.
§15 Blocking of the IMA
(1) Should IMAs fail to provide all of the necessary documents within 30 days of registration and acknowledgement of the requirements for the payment of bonuses, ONECOIN is entitled to temporarily suspend said IMA until such time as the documents required by law are provided. The same applies if the IMA fails to comply with the deadline set forth in §14(2), is in breach of §14(3) until such breaches are rectified, or if the IMA fails to pay the payable fees. The suspension period does not give the IMA the right to an extraordinary termination and does not create grounds for a refund of any initial orders and starting packages already paid or for a claim for damages, unless the IMA is not responsible for the situation leading to the suspension.
(2) Claims for bonuses that cannot be paid for the aforementioned reasons will be posted as accrued liabilities in ONECOIN’s bookkeeping system and will expire no later than the statutory limitation deadlines.
(3) In each instance where a warning is necessary, ONECOIN is entitled to reimbursement of the necessary costs for the warning.
(4) Irrespective of the reasons for suspensions mentioned in paragraph (1), ONECOIN also reserves the right to suspend an IMA for a good reason. In particular, ONECOIN reserves the right to block the IMAs’ access without observing the notice period if the IMA is in breach of the obligations mentioned in §§7-9 and §10 paragraphs 3 and 4, if the IMA violates any other applicable laws, or, alternatively, if there is an important reason, and if the IMA does not remedy the corresponding breach of obligations despite receiving an appropriate warning by ONECOIN within the extension period specified in §5 or the breach of obligations entitles ONECOIN to an extraordinary termination.
§16 Duration and termination of the agreement, consequences of termination / refunds / return
(1) The distribution agreement is agreed for an indefinite period and may be terminated by both parties at any time, even within the contractual period, with one month’s notice prior to the end of the next calendar month.
(2) Notwithstanding the cause for termination according to (1) above, ONECOIN reserves the right to terminate for good cause. Such important reasons especially include the breach of any of the obligations set forth in §7, if the IMA fails to remedy the same in a timely manner as set forth in §11(1), or if, after such remedy, the IMA is once again in breach of the same or a similar duty. For any breach of the obligations set forth in §§8, 9 and 10 (3) and (4), 18 (4) or 19 as well as any particularly severe breach of the obligations set forth in §7 or any other applicable contractual or statutory law, ONECOIN is entitled to an extraordinary termination of the partnership agreement without prior notice. In addition, either party is entitled to extraordinary termination of this agreement if insolvency proceedings are instituted against the other party or if such proceedings were rejected due to a lack of assets or if the other party is otherwise insolvent or has submitted an affidavit of insolvency in response to an attempt to enforce a judgement by writ. The right to extraordinary termination shall not affect any other claims.
(3) Domains that include the name “ONECOIN” or any other brand, business name, or product name owned by ONECOIN may no longer be used by the IMA after the contract is terminated and will be transferred to ONECOIN at the latter’s cost.
(4) An early termination of an agreement with a minimum term does not entitle the IMA to any refund of any payments, unless the IMA has exercised the right to extraordinary termination due to an important reason.
(6) An IMA may re-register with ONECOIN after canceling their previous contract again, provided that said cancelation and confirmation of cancelation by ONECOIN were at least more than 12 months earlier and that the terminating IMA has not since performed any activities for ONECOIN in the interim.
(7) Once the agreement is terminated, IMA have no further right to bonus payments and especially no right to sales agent indemnification payment claims [Handelsvertreterausgleichsansprüche], since IMAs are not sales agents as defined by the German Commercial Code (HGB).
(8) Returns, Refunds
THE IMA may return purchased Onecoin Products in the following circumstances (excluding personalized or customized items):
- The purchased package may only be refunded to the IMA in case heu have not logged in for the period of 14 (fourteen) days. No refunds will be made after the IMA haslogged into his account. By doing this ONECOIN considers that the IMA is accepting the ONECOINS conditions and no refunds of his payment shall be made.
- The IMA has the right to withdraw from this contract only if he has not logged into his account, started using the platform and gained access to the product.
ONECOIN will process thereturn promptly upon verifying that the IMA is eligible for a refund. In most cases, the IMA should expect to receive the refund within 30 working days of receipt of the products by ONECOIN. The IMA hereby confirms that he understands that the ONECOIN return policy will NOT cover situations where the IMA hasalready received commission payouts, or other benefits, as a result of using the company’s products and/or services.
All refund requests must be made within14 days of enrollment/purchase. The return request will deactivate the initial order instructions and it will delete the IMA’s unique identification (user name) for the Training and Rewards Package. This cancellation policy is designed to protect the ALS training and education material because it is proprietary intellectual property. The IMA’s activation and position in the compensation system will be cancelled. Any commissions paid to returnee will be deducted from the refund amount.
Submit cancellations at firstname.lastname@example.org – and please provide IMAs username, payment proof and date of purchase.
(10) Should an IMA claim services from ONECOIN outside of this partnership agreement, these services will remain unaffected after the termination of said agreement, unless the IMA expressly requests their discontinuation in their termination notice. Should the IMA receive services from ONECOIN after the termination of the partnership agreement, they will be treated as a normal customer.
(11) Upon termination of the agreement, the SALES PARTNER’S position in the ONECOIN sales system will be transferred to ONECOIN.
(1) ONECOIN is only liable for damage other than injury to life, limb or health if the damage results from intentional or grossly negligent acts or a culpable violation of essential contractual obligations (e.g. the payment of bonuses) by ONECOIN, its employees or agents. This also applies to damages resulting from the breach of obligations in contract negotiations as well as in the event of torts. Any further liability for damages is excluded.
(2) Any liability for damage other than injury to life, limb or health or that caused by intentional or grossly negligent acts of ONECOIN, its employees or agents is limited to those damages that would be typically foreseeable at the time of conclusion of the agreement and also to the average amounts as would be typical for contracts of this sort. This also applies to indirect damages, including, in particular, loss of profits.
(3) ONECOIN disclaims any liability for damage of any kind caused by data losses on computer servers, unless such losses are caused by gross negligence or intentional actions of ONECOIN, its employees or agents. ONECOIN treats any content stored on the servers by IMAs as third-party content, as defined in the German Telemedia Act [TMG]. ONECOIN is not liable for any wrong data and/or information submitted by the IMA in the application. The Company is not responsible if incorrect usernames have been provided by IMAs.
(4) The provisions of the German Product Liability Act [Produkthaftungsgesetz] shall remain unaffected.
§18 Transfer of business operations or the sponsored structure to third parties / Death of the IMA
(1) ONECOIN can transfer its contractual position at any time to a successor company that will continue the business covered by this agreement in the same manner and will fully assume the former company’s existing rights and obligations. ONECOIN is entitled to use and uses the services of supporting partnering companies. The above mentioned companies are aimed to facilitate the provision of the services, including payments; technical and administrative operations of ONECOIN. Those companies are independent separate entities, where the relevant to their place of registration laws shall be applied. ONECOIN is not and shall not be held liable for any activities of those partnering companies, unless any occasional violations of the relevant and applicable legislations are caused by gross negligence or intentional actions of ONECOIN, its employees or agents/partnering companies.
(2) The IMA is entitled to transfer his/her downline structure only with the prior written consent of ONECOIN – which is at their sole discretion - and presentation of the purchase and / or transfer the contract with the third party, as well as the presentation of the SALES PARTNER’s application of the third party to ONECOIN entitled unless ONECOIN has availed itself of the accruing to preemption. The distribution structure may only be transferred to persons who are not already ONECOIN IMAs at the time of the transfer. By contrast, sales structure transfers to, or purchases by, other ONECOIN IMAs are not permitted. Consent may by ONECOIN provided that it exercises its right of first refusal does not make use, by the way only be denied for cause. The IMA is obliged to notify ONECOIN of the intended transfer of its sales structure in writing. After receiving the written notice, ONECOIN shall have one month to exercise its preemptive right. If ONECOIN does not exercise its right, the transfer is permitted, unless precluded due to other important reasons. A sale of a partner’s sales structure is only permitted if the partnership has not yet been terminated. With immediate termination or breach of these General IMA and Delivery Conditions, the right of the IMA to sell his/her own sales organization is withheld; similarly, the right to sell is withheld in the event of the selling IMA still owing ONECOIN money.
(3) Should an IMA be registered as a legal entity or a partnership, distribution structure transfers are only permitted if the additional conditions set out in this agreement are met.
(4) If a legal entity or partnership is newly registered as an IMA wants to add a new shareholder, this is possible if the previous shareholder(s) who filed the original application for the sales partnership remain shareholders. Should a shareholder wish to leave a legal entity or partnership that is registered as an IMA or should they wish to transfer their stake amounting to more than 30% to third parties, this action is permitted with the prior written consent of ONECOIN solely at its discretion and only upon submission of a written request, including copies of the corresponding notarial deeds, which must be in accordance with the provisions of this agreement. Insofar as an IMA registered as a natural person wishes to transfer his/her partnership to a legal entity or partnership, this is only possible with the prior consent of ONECOIN solely at its discretion, provided that the IMA agrees to continue to be solely responsible and personally liable to ONECOIN and submits the relevant documents. ONECOIN will levy an administrative fee of €25.00 to process such requests. If this requirement is not met, ONECOIN reserves the right to extraordinary termination of the contract.
(5) The partnership agreement shall end at the latest with the death of the IMA. It may be passed on as an inheritance as required by law. As a rule, the heir(s) must sign a new partnership agreement within six months of the previous partner’s death and thus assume the rights and obligations of the deceased partner. The death must be proven by means of a death certificate. Should there be a will granting the partnership agreement as part of the deceased’s inheritance, a notarized copy of the will must be presented. If the heir(s) do not exercise their inheritance rights within six months of the former partner’s death, all of the rights and obligations under the agreement shall pass to ONECOIN. The six-month period may be extended by a reasonable length of time on an exceptional basis, if it is disproportionately short for the heir(s).
§19 Separation / Dissolution
In the event that a married couple or life partners, a legal entity or partnership registered as IMAs terminate their association internally, there shall still be only one distributor position even after the separation, dissolution or other termination of the above-mentioned association. Those members/shareholders leaving the legal entity or partnership shall decide internally which member(s)/shareholder(s) shall continue the sales partnership and provide written notice of their decision to ONECOIN. In the event of an internal dispute over the consequences of the separation, divorce, dissolution or other termination with respect to the distribution partnership with ONECOIN, ONECOIN reserves the right of extraordinary termination, where such a dispute leads to a dereliction of the SALES PARTNER’S duties, to a violation of these General IMA Terms and Conditions, to a violation of the applicable laws or to an unreasonable burden on the downline or upline.
§20 Inclusion of the compensation plan
(1) The ONECOIN compensation plan and the requirements contained therein are also explicitly part of the IMA agreement. The IMA must comply with the provisions contained in the current version of this document.
(2) By submitting an online application to ONECOIN, the IMAs warrant that they have read and understood the compensation plan and accept these documents as integral component of this agreement.
(3) ONECOIN shall be entitled to change the compensation plan at any time. ONECOIN will announce amendments within a reasonable period. The IMA has the right to object to the amendment. In case of an objection the IMA is entitled to terminate the contract at the date of entry into force of the modification. In case he/she does not terminate the contract within two weeks after the entry into force of the modification, the IMA expressly accepts the modification.
§21 Consent to the usage of photographic an audiovisual material
The IMA grants ONECOIN the right to freely collect and execute photographic and/or audiovisual material containing his/her picture, voice recordings, statements and citations within the scope of his/her function as an IMA. For this purpose, the IMA explicitly agrees to the publication, usage, duplication and modification of his/her citations, footages or records by signing the IMA application and notice of this General SALES PARTNER- and Delivery Conditions. The IMA shall be entitled to revoke the aforementioned consent. In case of a revocation, ONECOIN will stop the foregoing usage within a one-month period.
§22 Data protection
(1) In the following, you will find the ONECOIN Data Protection Declaration.
(2) You can visit our website while remaining anonymous. In each case of a website visit, your Internet browser indeed transmits the following data to our web server: date and time of the website visit, the sender’s IP address, the requested resource, http-method and http User Agent header. However, our web server will store these data separately from other data; hence, it is not possible for us to allocate these data to a specific person. Following an anonymous analysis for statistical purposes, these data will be deleted immediately.
(4) ONECOIN uses Google Analytics for being able to categorize requests and requirements of the interested party. Google Analytics applies so-called “cookies”, text files, which will be stored on your computer and allow analyzing your use of the website. The information created by the cookies referring to your visit of this website (including your IP-address) will be transferred to a server of Google in the USA and stored there. Google will use this information for analyzing your use of the website, for compiling reports on the website activities for the website-operators and for providing additional services related to website and internet usage. Furthermore, Google may eventually pass this information on to third parties, if this is required by law or if third parties will process these data on Google’s behalf. Google will never associate your IP-address with other data of Google. You may refuse the installation of cookies by selecting the appropriate settings on your browser software; however please note that if doing this way you may eventually not be able to make full use of all the functions of this website. By using this website you agree that the data collected by Google concerning your person may be processed in the manner and for the purpose described above.
(5) ONECOIN uses so called social plugins (“plugins”) from the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked with a Facebook logo or by the additional text “social plugin of Facebook” or “Facebook social plugin”. Here you can find an overview of the Facebook plugins and their appearance: http://developers.facebook.com/plugins.
If you access one site of our web presence containing such a plugin, your browser will establish a direct connection to the servers of Facebook. The plugin's content will be directly transmitted from Facebook to your browser, which will integrate it into the website.
By integrating the plugin, Facebook receives the information that your browser has accessed the respective page of our web site, even if you do not have a Facebook account or if you are just not logged into Facebook. This information (including your IP-address) will be directly transferred by your browser to a Facebook server in the USA and stored there.
If you are logged into Facebook, Facebook can directly allocate the visit to your Facebook account. If you interact with the plugins, such as by pressing the "Like" button or by making a comment, the corresponding information is also sent directly to a Facebook server and stored there. In addition, the information is also posted on Facebook and can be seen by your Facebook friends.
Facebook can use this information for the purposes of advertising, market research and appropriate design of Facebook pages. To this end, Facebook creates usage, interest and relationship profiles, e.g. for analyzing your usage of our website concerning superimposed advertisements on Facebook, to inform other Facebook user about your activities on our website and for providing other services relating to the use of Facebook.
If you do not wish Facebook to allocate the collected data concerning our web presence to your Facebook account, you have to log out from Facebook prior to visiting our website.
The purpose and scope of data collection, further processing and use of this data by Facebook as well as your relevant rights and the setting options aiming at the protection of your privacy can be found under Facebook’s data protection policy: http://www.facebook.com/policy.php.
(6) Note concerning the Google +1-button: By means of the Google +1-button you can globally publish information. Via the Google +1-button, you and other users will receive personalized information from Google and our partners. Google will store the information you have given for the content +1 as well as information about the site you have watched when clicking +1. Your +1 can be shown as indications together with your profile name and your photo in the context of Google services, such as displaying it in search results, in your Google profile or at other positions on websites and advertisements on the internet. Google records information about your +1-activities thus aiming at the improvement of Google services for you and other users. For being able to use the Google +1-button, you will need a globally visible, public Google profile which has to contain at least the name chosen for the profile. This name will be used with reference to all Google services. In some cases, this name may also replace another name you have been using for sharing content via your Google-account. The identity of your Google profile may be shown to users knowing your email-address or having other personally identifying information from you.
Use of the collected information: In addition to the above mentioned purposes, the information provided by you will be used according to the applicable data protection rules of Google. Google will eventually publish summary statistics on the +1-activities of the users or will pass them on to users and partners – such as publishers, advertisers or linked websites.
(7) On the ONECOIN-sites, functions of the service Twitter are integrated. These functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the “retweet” function the visited by you websites will be linked to your Twitter account and communicated to other users. While doing so, data will also be transferred to Twitter. Please note that we - in our capacity as provider of the sites – are not receiving any information by Twitter about the transferred data’s content and its usage. Further information you will find in the Twitter Privacy Statement under http://twitter.com/privacy. Your Twitter data protection settings can be changed in the account settings under http://twitter.com/account/settings.
(8) Personal data will only be collected insofar, as the IMA will voluntarily submit them during the ordering or registration process. ONECOIN will use these transmitted, personal data (e.g. title, name, address, email-address, telephone number, fax number, bank transfer data) without explicit, separate consent in accordance with the regulations of the German data protection law and only for the purpose of contract fulfilling.
(9) For the purpose of fulfilling the contract, e.g. for the settlement accounting or payment of bonuses, for product or marketing information, the IMA’s personal data will be forwarded to third parties, such as the accounting department or the OnePayments e-Wallet platform – to the extent necessary for the fulfilment of the aforementioned, contractual obligations. After complete execution of the contract, including full payment of the agreed remunerations, the IMA’s data will be deleted. Data, which have to be stored for tax or commercial reasons, will be blocked after implementation of the contract, provided that the IMA has not given his/her explicit consent to a further use of his/her personal data.
(10) The IMA shall, at all times, be entitled to request free information about his/her data and that his/her personal data will be amended, blocked or deleted. If the IMA wishes to receive further information concerning the storage of his/her personal data or if the interested party wants the data to be deleted, blocked or amended, he/she can contact the support under the email-address email@example.com or under the postal address mentioned in paragraph (1).
(11) This Data Protection Declaration is accessible and retrievable on the ONECOIN-website at any time.
§23 Limitation period
Claims arising from this contractual relationship become time-barred after 6 months starting from the time the corresponding claim becomes due and the entitled person knows all the circumstances justifying his/her claim, or if his/her ignorance of the circumstances are due to gross negligence. Statutory provisions mandatorily prescribing a longer limitation period shall remain unaffected.
§24 Dispute settlement
(1) The Parties will act to amicably resolve questions and differences concerning structure, interpretation and effects of this contract and other questions regarding the contract or the subject-matter of the latter.
(2) Any dispute related to commercial and inter-companies matters, including any question arising out of or in connection with this Agreement and regarding to its existence, governance, validity or termination, shall be referred to and finally resolved by binding arbitration under the Arbitration Rules – Gibraltar, in accordance with the Arbitration Act № 1895-10, which Rules are deemed to be incorporated by reference into this clause, which shall include specifically:
(a) The number of arbitrators shall be three.
(b) The seat, or legal place, of arbitration shall be Gibraltar. The law applied shall be that of Gibraltar.
(c) The language to be used in the arbitral proceedings shall be English. Any documentation not presented in English shall be translated into English at the expense of the party submitting them.
(3) Any disputes between the company and its clients, related to and in relation to this Agreement and regarding to its existence, governance, validity or termination, shall be referred to and finally resolved by binding arbitration under the Arbitration Rules – Gibraltar as ruled under (2).
(4) The above unter (2) and (3) mentioned does not prevent/restrict implementation of any other mandatory rules of the state where the IMA has his/her usual place of residence remain unaffected.
§25 Applicable law / Arbitration / Deviating place of jurisdiction
(1) Applicable law is the law of the Gibraltar with the exclusion of CISG United Nations Convention on Contracts for the International Sale of Goods. Mandatory rules of the state where the IMA has his/her usual place of residence remain unaffected.
(2) Apart from that, the place of jurisdiction and place of fulfillment is, insofar as permitted by law is Gibraltar.
§26 Final provisions
(1) ONECOIN is entitled to change the General IMA Conditions at any time. ONECOIN will announce modifications with a reasonable period. The IMA has the right to object to the amendment. In case of an objection, the IMA is entitled to terminate the contract at the date of entry into force of the modification. In case he/she does not terminate the contract within two weeks after the entry into force of the modification, the IMA expressly accepts the modification.
(2) Furthermore, modifications and additions to this General IMA Conditions are to be made in writing. This shall also apply to the revocation of the written form requirement.
With the acceptance of the following Terms and Conditions IMA declares and agrees that fully understands and accepts the hereto stated rights and obligations, including all relevant and applicable internal rules, together with those described in the IMA Agreement and the Global Compensation Plan of the Company.
Version of the General IMA Conditions: 17.03.2016