Partner agreement

This agreement is between CR OU OÜ, Nõmme tee 64-3, 11311 Tallinn, Estonia, Estonian Business Register no. 16778262, VAT no. EE103034274 ("Festapix"), and the business that accepts it from its partner area (the "Partner").

It applies to everything the Partner buys from Festapix as a professional: the plans Start, Studio and Maison, upgrades and extra albums. The Partner declares that it acts for its trade, business or profession, not as a consumer.

The Terms and conditions of the public site apply to the guests and to the people who create an album for themselves. For albums the Partner creates for its clients, this agreement and the data processing agreement (Annex A) prevail.

Festapix gives each album a private page where guests add photos, videos and voice messages by scanning a QR code, with no app and no sign-up, and where the album owner manages, shows and downloads everything.

The Partner buys albums in packs. Start includes 5 albums, Studio 12 in total and Maison 40 in total; extra albums can be bought one by one at the price shown in the partner area. Each album the Partner creates uses one credit and comes with the full package at no extra cost: the Atelier collection of printable stationery, the voice guestbook, the long keepsake film and 24 months online. Credits do not expire while this agreement is in force.

Plans differ as follows: from Start the Partner's name and logo appear on the albums, guest pages and table cards; from Studio the Partner chooses the colour and has a referral link; with Maison no Festapix wording or logo appears on albums and table cards, for one year (see 6).

An upgrade costs the difference between the plan bought and the one chosen, and adds the albums that the higher plan includes. Prices are those shown in the partner area at the time of purchase, in the currency of the Partner's country.

Payment is made by card or the other methods offered on Stripe's secure page. Prices shown include VAT where VAT is due.

The Partner gives its legal name, address and VAT number in the partner area and is responsible for their accuracy. Where the Partner is a business established in another EU country with a valid VAT number, and the law allows the reverse charge, the invoice is issued without VAT and the Partner accounts for it; in every other case VAT of the applicable country is included in the price.

Invoices and receipts are sent to the email address of the Partner's account. The Partner may ask for an invoice in the name and with the VAT number it has given, by writing to [email protected] within 30 days of the purchase.

The Partner grants Festapix the right to show its name, logo and colour on the albums, guest pages, table cards and print pages it creates, for as long as the albums are online. The Partner confirms it has the right to use them and will hold Festapix harmless from third-party claims about them.

The Partner's clients (the couples, the hosts) are the Partner's customers. The Partner decides what to charge them and answers to them for the offer it makes. Festapix does not contact the Partner's clients for its own sales.

Albums stay online for 24 months from the date of the event and are then deleted. The Partner must tell its clients so and invite them to download their photos in time.

With Maison the link of the albums keeps the festapix.com address; the Partner does not acquire any right to the Festapix name, logo or domain.

From Studio the Partner has a personal link. When a person creates and pays an album after following it, the Partner earns 25% of the net amount of that album (the price paid minus the VAT it includes).

Each commission becomes payable 30 days after the album was paid, to protect against refunds and disputes. Commissions are paid once a month by bank transfer, when the Partner has earned at least the minimum amount shown in the partner area; the Partner must write to us to receive the payment and invoice us if it is VAT-registered, or accept a self-billing statement from us.

No commission is due for albums the Partner buys for itself, for refunded or disputed albums, or in case of abuse (artificial traffic, false orders, spam, misleading statements about Festapix). Festapix may withhold commissions in those cases and end the referral link.

The Partner may switch on the revenue share option from its partner area, with or without buying a plan. Couples who create and pay an album through the Partner's link pay the price shown on the checkout page: Festapix sets it for each country and the Partner may choose one of three levels (accessible, standard, premium). Every album bought this way includes the full package: the Atelier collection, the voice guestbook, the long keepsake film and 24 months online.

Festapix sells the album to the couple, collects the payment, issues the receipt, supports the couple and answers to them for the service. The Partner earns 50% of the net amount of each album (the price paid minus the VAT it includes); the commission becomes payable 30 days after the payment and is paid once a month on the terms of section 5. Festapix may change the price levels for new albums, with effect only for couples who have not yet paid.

The Partner presents the offer truthfully, does not collect payments from couples on Festapix's behalf and does not promise features the service does not have. Either party may switch the option off at any time: albums already paid keep their terms and the Partner keeps the commission due on them.

Start and Studio have no fixed term: the Partner uses its credits as it likes. Maison is an annual agreement: its white label and colour work for 12 months from the purchase, do not renew by themselves and can be renewed in the last 60 days at the price of the plan.

Start can be refunded in full within 30 days of purchase if the Partner is not satisfied; write to [email protected]. Albums already delivered to the Partner's clients stay online until their term ends. After the 30 days purchases are not refundable, except where the law requires it or Festapix fails to provide the service.

Either party can end this agreement in writing if the other commits a serious breach and does not correct it within 14 days of notice. If Festapix ends it because of a breach by the Partner, unused credits are not refunded; in any other case unused credits are refunded pro rata.

The Partner must respect the rules of use in the public Terms, must not upload or allow illegal content, must not present itself as Festapix, must not resell credits or the service as a stand-alone product, and must not weaken the security of the service.

The Partner must tell the guests of each event, in the way it normally does with its clients, that a shared album exists and who runs it.

For the albums the Partner creates for its clients, the Partner is the controller of the personal data in them and Festapix is its processor, under the data processing agreement in Annex A, which forms part of this agreement.

For the Partner's own account, invoicing and communications Festapix is an independent controller, as explained in the Privacy page.

Festapix runs the service with professional care and aims to keep it available at all times, but does not promise uninterrupted operation: it may be interrupted for maintenance or for causes outside its control. It keeps backups and fixes faults as soon as it can.

Support is given by email at [email protected] and answered within two working days.

Festapix keeps all rights in the service, the software, the designs of the table cards and the names and logos of Festapix. The Partner receives a non-exclusive, non-transferable right to use them for the albums it creates while this agreement is in force.

Photos, videos and messages belong to the people who made them. Festapix does not use them for advertising and does not use them to train artificial intelligence systems.

Festapix is liable to the Partner for loss caused by its intentional or grossly negligent breach, and for the loss that the law does not allow to be limited. In every other case Festapix's total liability for all claims in one year is limited to the amount the Partner paid to Festapix in the 12 months before the event that caused the loss.

Festapix is not liable for loss of profit, loss of business or indirect loss, nor for photos that guests did not upload or that the Partner or its client deleted.

Festapix may update this agreement. It gives the Partner at least 30 days' notice by email of any change that is not in the Partner's favour; if the Partner does not accept it, it may end the agreement before the change takes effect, with a refund of unused credits. Credits already paid keep their value.

Each party keeps confidential what the other tells it in confidence about its business, prices and clients, and uses it only for this agreement. This does not apply to information that is public or that the law requires to be disclosed.

The Partner accepts this agreement electronically in its partner area, giving the name and role of the person signing and confirming that this person is authorised to bind the Partner. The acceptance, with the date, time, network address and the version of the texts accepted, is stored by Festapix and is proof of the agreement. A copy is sent to the signatory.

This agreement is governed by Estonian law. The courts of Tallinn, Estonia, have jurisdiction, without prejudice to any mandatory rule that gives the Partner another venue. The English text prevails over translations.