The Slovenian version is legally authoritative. This English translation is provided for information.
The Referral Partner may share with prospective restaurants their individual eNaroči / ScanOrder Referral Link or QR code.
The Referral Partner is not a seller, distributor, reseller, commercial agent, authorised representative or employee of the provider. The Referral Partner has no authority to set prices, offer discounts, negotiate, conclude contracts, accept orders or payments, or make binding statements on behalf of the provider.
The Referral Partner has no minimum referral requirement, sales quota, continuing customer-acquisition obligation or duty to follow a prospect through to contract conclusion.
After a Referral Lead is submitted, the provider directly handles the presentation/demo, offer, negotiations, contract, invoicing, activation, support and the continuing commercial relationship with the restaurant.
The provider independently decides whether to contact, qualify, make an offer to, contract with or reject any Referral Lead.
A valid Referral Lead is a prospective customer who personally submits an application, demo request or other designated registration through the individual Referral Link or QR code.
Oral recommendations, telephone introductions, personal introductions or other referrals without an appropriate system Referral record do not by themselves create a right to commission.
The Referral Lead must be correctly recorded and qualified within 20 days. Referral protection and the Referral Cookie both last 20 days.
If the Lead is not validly qualified within that period, the Referral attribution is released.
After valid qualification, Referral attribution is locked in accordance with verifiable system records.
Attribution is determined using the provider's system records, Referral Partner ID, timestamps and other available technical data. The provider may correct an obvious technical error in the records.
An existing customer, an already active sales contact, duplicate Lead, test registration, self-referral, false Lead or other invalid registration does not create a right to Referral commission.
Referral commission is 10% of the eligible net value of the initial service contract or initial order, excluding VAT.
Commission arises once only, when the validly attributed Referral Lead enters into the eligible initial contract/order, the provider receives the first successful payment and the service is activated.
Renewals, repeat orders, subsequent monthly or annual payments, upgrades, additional modules, equipment and other later purchases by the same customer do not by themselves create another Referral commission.
The commission base excludes VAT, refunds, credit notes, third-party services, third-party licences and other amounts that do not constitute eligible net revenue of the provider.
There is no minimum payout amount.
Once commission is validly earned, confirmed and payable, the provider pays it no later than 30 days.
If information or documentation reasonably required for lawful payment, accounting or tax treatment is missing, payment may be withheld until it is properly provided.
A refund, chargeback, non-payment, incorrect attribution, duplicate Lead, fraud, self-referral, test order, artificially created transaction, manipulation of Referral/Cookie identifiers or another invalid transaction may result in cancellation or REVERSAL of commission.
If such commission has already been paid, the provider may offset the amount against future commissions or request repayment where permitted by applicable law.
The following are prohibited:
The Referral Partner may use only trademarks, logos and promotional materials supplied or approved by the provider for the Referral program.
In case of breach, the provider may suspend the Referral account, deactivate the Referral Link, cancel related commissions or terminate the cooperation, subject to applicable law.
As a rule, the prospective customer should submit their own data directly to the provider through the Referral Link or QR code.
The Referral Partner may not collect, use or provide personal data of prospective customers to the provider without an appropriate legal basis.
Each party must process personal data in accordance with the GDPR, ZVOP-2 and other applicable law.
Either party may terminate the cooperation by written or electronic notice, subject to mandatory provisions of applicable law.
Commissions already validly earned and confirmed remain payable under these terms. Merely recording a Lead before termination does not mean that commission has already been earned.
The Referral Partner acquires no ownership of the provider's customer portfolio, exclusive territory, continuing right to revenue from any customer, goodwill or contractual severance right, except rights that cannot be excluded under mandatory law.
The cooperation is non-exclusive. The provider may acquire customers directly and may work with other Referral Partners in the same territory.
These terms are governed by the law of the Republic of Slovenia. The court with subject-matter jurisdiction at the provider's registered seat shall have jurisdiction, unless mandatory law provides otherwise.