CLOUD HORIZON Ltd
Independent Associate’s Terms & Conditions

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Welcome to Cloud Horizon Limited referred to as ‘Company’ within the following text.

These Terms & Conditions outline the rules and regulations for the use of the Cloud Horizon Website and provided online “Back-Office”.

Cloud Horizon Limited is a Cayman Islands registered company (registration. number 279133) with administrational services being provided in Bangkok Thailand.

Cloud Horizon Limited registered secretarial address (Alpha Management) 2408 South Tower, Emirates Financial Towers, DIFC – Dubai International Financial Centre, Dubai, United Arab Emirates.

By accessing cloudhorizonlimited.com website it is assumed that you have accepted the following Terms & Conditions in full. These Terms & Conditions always apply when you access or use website in any manner. They provide important information for you as an Independent Associate (IA) or customer of Cloud Horizon Limited. We strongly advise that you save or print these T&C’s for further reference.

1. Introduction

1.1. The COMPANY sells to ultimate customers by way of direct selling various products and services. The specific COMPANY distribution system is characterized by the fact that Independent Associates (IA) by way of direct selling offer consumers the COMPANY products for acquisition by way of personal or web-based contacts. In this connection the system is based on the COMPANY COMPENSATION PLAN. This Plan regulates the tasks of the IAs according to their functional position in the Organization which is structured according to the principles of the so-called Multi-Level Marketing system. Furthermore, the Plan regulates the performance criteria an IA must meet in order to reach the individual functional positions in the Organization as well as the compensation paid for the successful performance of the contractual tasks.

1.2. The IA and COMPANY will cooperate in the realization and execution of the COMPANY selling system as well as in the protection of the integrity of the system. In this connection the IA will perform his tasks as an independent as well as entrepreneurially active contractual partner, observing the specifications of the COMPANY Selling System, of the COMPANY COMPENSATION PLAN which constitute together with this T&C the entire agreement between COMPANY and the IA. COMPANY will take care that all necessary information concerning the products and the system are made available for the IA at all times in updated form.

1.3 The COMPANY endeavors to operate at the highest ethical standards of Network Marketing. Any persons implying that an IA will achieve financial success by relying solely on the efforts of others should be disregarded. Furthermore, any persons that relates compensation and financial success solely upon recruiting as against actual sales for ultimate use by customers is eventually destined not to be successful.

1.4 A Cloud Horizon Limited IA is regarded as an entrepreneur and thus like any other independent business person, his or her success or failure depends on his or her personal efforts. No direct sales company can legitimately guarantee its independent associates any particular income or success. Cloud Horizon Limited provides an opportunity for its IAs to enrich the quality of their life styles.

2.1 TASKS

a. SELLING ACTIVITY: Basically, the IA as an commercial agent provides, in the name of the COMPANY and for account of the COMPANY, exclusively ultimate customers with the various products and services of the COMPANY’s product range.

b. STRUCTURING: The IA will collaborate on the development of the COMPANY’s selling organization by recruiting new IAs and by supporting all IAs belonging to the 'Line of Responsibility' developed by him by informing, instructing and motivating. Recruiting is not remunerated.

2.2. STATUS + STATUS OBLIGATIONS

The IA as a self-employed will announce his trade as commercial agent in direct selling to the competent communal authority. He is responsible for fulfilling his other entrepreneurial obligations, particularly concerning the field of taxes, as well as for safeguarding of his risks in profession and life (liability, accident, sickness, inability to work because of old age or sickness, etc.) by a private or possibly public insurance. He also should take in mind the possible obligations of social securities.

2.3. BEHAVIOUR TO CONSUMERS:

IA will refrain from any misleading behaviour about the purpose of their contacts and will terminate any sales conversation if desired by customers. IAs will identify themselves with their name and as CLOUD HERIZON’s IAs. IAs will refrain from any unsolicited telephone or e-mail contact to consumers.

3. Validity

With all agreements, products and services being offered through any of the Cloud Horizon Limited provided websites the Terms & Conditions are exclusively applicable at all times. In the event of invalidity of one or more provisions of the General Terms & Conditions, the remaining provisions shall remain in force.

4. Back Office

The Company supplies the IA with a personal online back office which includes marketing material, training programs and administrational functions supporting their Independent business activities. The back office provides an overview of commissions, bonuses, personal information, organizational sales, career growth, statistics, latest company news along with a variety of documentation and promotional material.

5. Intellectual Property Rights

The COMPANY and/or its licensors own all rights to the intellectual property and material contained in their Websites, and all such rights are reserved.
IAs are granted a limited license only, subject to the restrictions provided in these Terms & Conditions for the sole purpose of viewing the material and content contained on these Websites.

6. Revocation of Retail customer orders

The COMPANY is conceding to final retail customers legally required revocation right of 14 days. The corresponding instruction on this right is printed on the customer order form. Because the products are sold only by the COMPANY to the customers, IAs are obliged to conform to this consumer-friendly rule in their relationship to their final customers. If such a consumer according to the instruction of his right of revocation returns any merchandise to his IA, the IA on his part is permitted to return the product to the COMPANY.

7. Restrictions

IAs are specifically restricted from all of the following:

  1. Publishing any of the Websites material in any media;

  2. Selling, sub-licensing and/or otherwise commercializing any Websites material;

  3. Publicly performing and/or showing any Websites material;

  4. Using these Websites in any way that is, or may be, damaging to these Websites;

  5. Using these Websites in any way that impacts user access to these Websites;

  6. Using these Websites contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Websites, or to any person or business entity;

  7. Using these Websites to engage in any advertising or marketing;

8. Advertising and Promote

  1. The company name Cloud Horizon is protected by trademark. Each IA is granted a limited, non-exclusive license to use the trademark in conjunction with their business activities in line with the Terms & Conditions. The Cloud Horizon trademark is the exclusive property of Cloud Horizon. It is strictly prohibited for the IA to modify or create their own trademarks, websites, Domains or E-Mail Addresses or other IP rights that cover the Company’s logo, labels, titles, product, trade names or designs.

  2. The IA is permitted upon receiving written approval to develop their own marketing material as long as they are not in violation of any conditions of these T&C’s, or any other legal regulations in force. The IA acknowledges that any violation of the above can lead to instant freezing of their account and or ending the agreement without notice.

  3. The IA acknowledges that they are prohibited from using any written, printed, recorded or any other material in advertising, promoting or describing the products/services or the Cloud Horizon marketing concept, or in any other manner, any material which has not been copyrighted and supplied by Cloud Horizon, unless such material has been submitted to Cloud Horizon and approved in writing accordingly, before being distributed, published or displayed. Furthermore, the IA agrees to make no false or fraudulent representations about Cloud Horizon, the products/services, Compensation Plan or income potentials.

  4. An IA is permitted to download approved Cloud Horizon images from its websites in relationship with their business activities. However, Cloud Horizon will have at times certain images on its websites that are prohibited from downloading. These images will be specifically marked as “copyrighted” and cannot be downloaded.

  5. All Cloud Horizons materials, whether printed, electronically produced, generated on film, or produced by sound recording, are copyrighted and may not be reproduced, in full or part by an IA or any other person, except if authorized in writing. Permission to reproduce any materials will only be considered in exceptional circumstances. The IA is prohibited from making audio or video recordings of speeches, discussions or presentations made by any Cloud Horizon corporate officers, authorized agents, representatives, guest speakers or employees, unless specifically authorized in writing or publicly announced by a Cloud Horizon corporate officer at time of the delivery. An IA is prohibited from producing, selling or distributing literature, films, electronic or computer-generated print media, or sound recordings that are deceptively similar in nature to those produced, published and provided by Cloud Horizon. Nor may an IA purchase, sell or distribute non-company materials, that imply or suggest that the materials originate from Cloud Horizon.

  6. It is prohibited to sell any of the Cloud Horizon products/services being offered via (online) public or private markets, department stores or auctions.

  7. It is prohibited to sell any marketing/promotional material to other IAs or to send out spam messages, mass fax or emails to others.

  8. IAs are allowed to purchase goods to promote their business activities. The IA should keep in mind not to outdo the standard necessities within a certain domestic household.

  9. Any inquiries by the media must be referred immediately to the Cloud Horizon support team. The purpose of this policy is to ensure an accurate and consistent public image. It is prohibited to act as a spokesperson or to make statements for the mass media on behalf of Cloud Horizon.

  10. It is prohibited to recruit new IAs through the presentation of false high-income statements. The IAs are encouraged and instructed by the Company to thoroughly explain how to achieve certain career positions within the company and thereby also clearly explain that the highest positions are only achievable through the utmost commitment, hard work and continuous effort of the IA to reach the top.

  11. Any IA using a domain name, email address etc. utilizing any of the Company’s trademarks (i.e. Cloud Horizon) without written approval of the Company must be aware that legal action can and will follow. An IA must continually adhere to the Advertising & Promotional regulations herein as well as stating on any personal website(s), promotional material, business cards etc. that they are an IA of Cloud Horizon. The IA should always bear in mind not to violate any rules and regulations laid out by the Company and thus be aware not to damage the Company’s image or their fellow IAs. This is also applicable for associated companies or third parties.

  12. All personal websites, business/visit cards, clothing, recognition pins, name tags, approved advertisements or any other promotional materials must include correct information. An IA is an independent associate and should act, present themselves accordingly. It is prohibited for an IA to use the name of the Company to any applications for loans, setting up long or short-term contracts or incurring expenses in the name of the Company.

  13. The Company will notify its IAs via email or Social Media of all corporate events. The times and location of the events may at the sole discretion of the Company be changed. It is also possible that the Company decides to postpone or even cancel an event if the Company deems it necessary.

9. Registration /Appointment

  1. Any person that is at least 18 years of age and wishes to become an IA of Cloud Horizon Limited can do so through the referral link or username of an active IA or directly through the Company. When choosing the latter, the Company will randomly and at its sole discretion connect the new IA with an active IA endeavoring to make a regional match.

  2. The Company reserves its right to reject an application at its discretion and without providing a reason.

  3. To Register as a Cloud Horizon IA requires the payment of a yearly license fee of 95 € in the first year and 60 € in the following years. This license fee covers the delivery of technical assistance, tools and professional support for IAs. The purchase of customer products or services is not precondition for any participation or qualification

  4. During the registration process, the IA chooses a username and password which he/she can use to log in to the website after completing the registration. The IA is solely responsible for choosing a sufficiently secure password. The IA must keep the username and password strictly confidential. The Company is not liable in any manner for the abuse of login data.

  5. All details/information etc. implemented and submitted through the account of the IA is the exclusive responsibility and at the risk of the IA. If an IA knows or suspects that his/her credentials have come into unauthorized hands, he/she must change his/her password as soon as possible and/or inform the Company, so that appropriate action can be taken accordingly.

  6. The Company does not exclude the possibility of certain partnerships and the registration of companies. To avoid friction between parties and to ensure a proper registration process it is advisable that the parties in question send a copy of their agreement between themselves to the company to keep on file.

  7. In the event of married couples, it is permitted to conduct the business as two individual IAs with two independent accounts or jointly as one IA account. It is to be acknowledged that spouses are obliged to have the same sponsor, or one spouse can sponsor the other. In the case of a divorce or separation between spouses who jointly run an IA business, a document signed by both spouses clearly indicating who will continue running the business will be required.

  8. Changes in personal information must be kept up-to-date by the IA. In the profile section of the back office, an IA can implement necessary changes. Some changes of personal information can only be changed through a submitting a request. Once the IT department has received the request, changes will be made if appropriate.

  9. An IA cannot request a placement change after submitting the application form as the final step of the registration process.

  10. An IA can request a change of sponsor; however, his/her current account must be inactive for a period of 26 weeks. After this time period, he/she can submit a new application with his/her desired sponsor.

  11. A Cloud Horizon IA has the status of an independent associate. In no provision herein, or described in the Terms & Conditions, shall the IA be deemed as an employee, agent or representative of the Company. The IA conducts his/her business at their own risk and under their own management, at their own determined time and place, and supplies all of his/her own equipment for operating their Cloud Horizon business, such as: telephones, professional services, office space and expenses. The IA is fully responsible for any third-party claims including but not limited to damages, liabilities, fines or material breaches in relation to the IAs activity.

  12. An IA is allowed to have one (1) membership or position within the sales structure of the Company and the Company is not responsible for multiple accounts. However, an IA is allowed to have access and administration for multiple accounts, for example multiple family members accounts being administrated from one IA.

10. Revoking Agreement

  1. Even though an IA enters into a business agreement with the Company the IA is granted the right to revoke the Agreement within 14 calendar days from registration freely by writing to the COMPANY with a ticket from their back office.

  2. Additionally the IA must do so by writing to the COMPANY a ticket from their back office within a period of 30 calendar days after the day on which the IA has informed the Company of the withdrawal of the Agreement to get refunded any payments.

  3. An IA may re-apply to become an IA. In this case, the account of the IA must have been inactive for a period of 26 weeks.

11. IA Agreement

  1. An IA is an independent associate and not an employee, legal partner, legal representative or franchisee of Cloud Horizon. An IA acknowledges, understands and agrees that only he/ she will be solely responsible for paying all expenses incurred by him/herself, including but not limited to income tax, social insurance where applicable, travel, food, lodging, secretarial, office, telephone and other expenses. An IA will not be treated as an employee of Cloud Horizon under any circumstances. Cloud Horizon is not responsible for tax withholding, and reserves the right to refuse, withhold or deduct from the IAs bonuses and commissions for taxes of any kind, even if they are requested or agreed in order to comply with any governmental order with- holding. The IA understands that it is their sole responsibility to pay all applicable federal and/or national and/or state taxes and/or license fees that may become due as a result of their activities as an IA.

  2. If eligible, the IA will be compensated for the products/services they sell to final customers and the products/services sold through their sales organization. In line with the actual compensation plan. There are no bonus or commissions for the mere act of sponsoring. The sale of products to end consumers must be emphasized in all presentations. The entire success of the IA is the sole responsibly of the IA and depends entirely on the efforts made by the IA. The bonuses and commissions compensation for an IA is solely sales-based.

  3. The IA must act ethically and responsibly at all times. Furthermore, the IA will act with the utmost integrity and objectivity, striving at all times to enhance the reputation and performance of the Company.

12. Usage of Products and Services

  1. When the application process to become an IA has been realized and the Company has accepted the application, the IA will be granted access to his/her personal back office.

  2. The back office is a unique system created by the Company for its IAs. The back office has been designed to support the IA with a number of functions and tools helping to administrate and control their business.

  3. The IA acknowledges that the Company is not liable for: in the event of late, incorrect or faulty delivery or defects of or to the products/services delivered by the Company, the latter shall not be liable in any way for the resulting damage caused by this, except to the extent that intention or willful negligence of the Company or of managerial subordinates of the Company is concerned.

  4. The Company is never liable for any consequential damage on the part of the Customer, including but not limited to consequential and/or collateral damage such as lost profits or loss of interest.

  5. The Company shall not be held liable if obligations arising from an agreement cannot be fulfilled due to force majeure.

13. Non-Compete, Poaching, Agreements, Ownership, Enforcement Non-Compete

The IA may not engage in any activities that directly or indirectly compete with the Company’s business. While performing his/her activities, the IA may not disclose the Company’s confidential information.

Solicitation of Employee / Poaching

During the IA Agreement, the IA may not solicit current IAs of the Company, and in some cases, former employees for the purpose of sponsoring into another company that competes directly with the Company’s business interest. This requirement also extends to the Company’s customers, whereby the IA may not poach the Company’s customers to promote another competitive business. It is prohibited for the IA to poach the Company’s IAs for the sale of goods/services for other companies.

Agreement with Competitors

The IAs are permitted to sell goods or services for other companies only when these companies are not (in) direct competitors of the Company. In case an IA works in a number of companies, the IA must organize their business activities properly and not mix their activities with the activities conducted on behalf of Cloud Horizon. IAs are therefore prohibited to sell any Cloud Horizon products or services in the same place as the other company or companies.

Enforcement

In case the Company determines that an IA or former IA has violated any of the above, the Company may seek remedies in court for any lawful provision that are necessary to protect the Company’s business interest and goodwill.

14. Confidentiality

Downline reports, all other reports and genealogical information, including, but not limited to downline sales organization information and commission recap statements, are proprietary and confidential to the Company. All IAs provided with such information must treat it as confidential and take care to maintain making any use thereof for any purpose other than the management of his or her downline sales organization.

As a result of becoming an IA the IA will have access to confidential information which they acknowledge being proprietary, highly sensitive and valuable to the Company’s business and is being made available to them solely and exclusively for purposes of supporting the sale of products/services and growth of their

organizations. Furthermore, this has been made available for the prospecting and training of third parties who may desire to become IAs and to further build and promote the Company. Trade secrets or confidential information means information, including any formula, pattern, compilation, program, device, method, technique or process, that: a) derives independent economic value, actual or potential, from not being generally known to other people who can obtain economic value from its disclosure or use; and b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. These obligations and responsibilities remain in force also after the termination of the Agreement with the Company.

15. Duration, Termination and Re-Application of the IA Agreement

The IA, Terms & Conditions and the Compensation Plan, together form the entire agreement between an IA and Cloud Horizon Limited. The duration of this agreement is indefinite and ends automatically if the IA refrains from payment of the license fee if the COMPANY ‘s warning (e-mail) within a time period of 30 days was not taken care of. Each of both contractual parties may terminate in writing the Agreement in the periods of notice by law of Germany In addition, each of the contractual parties may terminate this Agreement without observing any period of notice because of an important reason if the conduct of the other party makes it unreasonable for the party giving notice to maintain the contractual relationship until the next regular date of notice. License fees will not be refunded in case of termination. It is not necessary to send a warning before such a notice is given if the violation in question and its consequences cannot get remedied or if the kind and the extent of the impending damages make it necessary to end the contractual relations immediately. If the IA terminates the Agreement, the COMPANY will buy back all products purchased by the IA within the previous twelve (12) months. In this case the IA gets reimbursed 90 % of the net cost of the original purchase price less shipping charges and paid commission. Precondition is that the product is in resalable, unused and in every aspect intact condition with the packaging not opened.

Once the IA has voluntarily resigned, their account will be terminated and will no longer exist. All domains, which include the name of the Company or any other business name, product, service that is owned by the Company or its strategic business partners, may no longer be used by the IA once the agreement is concluded.

Furthermore, the IA hereby agrees that he/she has no longer the right to claim commissions and bonuses once the agreement has been terminated. The IA who has given a written notice may re-apply as an IA under the original sponsor or under a new sponsor after 26 weeks waiting period.

16. Transfer of Ownership

An IA is allowed to transfer their rights of ownership to an inheritor/beneficiary at any time. The IA is obliged to request a written consent from the company before finalizing any transfers.

The IA is obliged to provide an agreement signed by both parties which clearly states that the IA transfers their rights and that the successor agrees and understand the Terms & Conditions set forth in this document. In the case of an inheritance a copy of a Testament and death certificate provided and confirmed from a court or representing Lawyer must be provided.

If an IA for some unfortunate reason passes away, his/her account may be transferred to anyone in line with a written testament or the legal Inheritance regulations of his/her place of abode.

The designated inheritor must submit a written request to the company within 3 months (from date of passing away) and provide a death certificate. When transferring the owner- ship of rights, the new IA must except the actual T&Cs and thereby accept the rights and obligations of the late IA. The individuals in question also fully understand that in the event of transferring rights of ownership under any circumstances than an administration fee to the amount of EUR 100,- will be due. This can be paid either by the existing or new IA and is defined in the written request to the company.

The transfer of ownership can only be concluded when the transferring IA has not terminated his/her agreement with the Company and has not violated the Terms & Conditions.

In case of a married couple, a legal entity or partnership registered under one IA account, decide to end their cooperation internally, the Company must be notified of this decision.

17. Violation of the Regulations

If the Company discovers any violation of the Terms & Conditions or any other agreement, the Company will directly start an investigation.

  1. The first step is that the Company will provide the IA in violation a reasonable time to rectify the situation and breach of violation, at the same time the account may be temporarily frozen. The minimum period will be generally 7 days, but for certain violations the Company will demand action to rectify the issue within a shorted time period.

  2. If the IA rectifies the violation the case will be closed. If the IA does not rectify the violation within the period given by the Company, the Company will freeze their account, or any other accounts found to be administrated directly from/to them accordingly. Any legal fees and/or other costs occurred in resolving any violations (where applicable) must be reimbursed by the IA. The IA is also liable for any damages that are incurred by the Company through the breach of agreements entered into.

  3. If the IA cannot prove that the accusation(s) is/are not valid, his/her account will be frozen temporarily. When an account has been frozen, the IA will not be able to implement their Transaction Password in any manner. Also, he/she is not permitted to attend any business presentations, meetings or events.

  4. After the given period given to rectify the issue has passed and the accusation has not been proven wrong, then the case will be closed, the account will be terminated and the Company will hold commissions/bonuses from the IAs e-wallet(s) for a period of up to one (1) year. If the IA has proven that the accusation was wrong or rectified the issue on hand, then then the account will be de-frozen.

  5. The Company can take direct legal action against the IA if this is deemed necessary to protect the interests of the Company.

18. Protection of Downline Organization and Cross-line Sponsoring

As a fundamental part of Cloud Horizons Management, Social Responsibility and Code of Ethics, it has initiated a special “Code of Ethics” to protect its IAs. This protection has been created for each and every IA who have excepted the T&Cs of the Cloud Horizon business opportunity. There is/are no differentials made between any IA of any “Rank”, the “Code of Ethics” are applied to all IAs.

The IAs are strictly forbidden to raid and consciously target certain downline organizations within Cloud Horizon or in any other company. This course of actions is considered as an improper business practice. While at the same time this is discouraged, it is also strictly prohibited to provide false and misrepresenting information with the mere purpose of increasing sales.

As an IA you must bear the responsibility of treating your downline organization with the utmost respect, providing support and information whenever possible in an upright and honest manner.

19. Crossline Sponsoring

Within the organization of Cloud Horizon, it is strictly prohibited to cross-line sponsor or otherwise attempt to sell any products/services to the downline organization of a cross-line. Cross-line sponsoring means an existing IA soliciting another existing IA to join his/her down- line organization. This is an issue of questionable integrity and unethical behavior as well as a direct violation of the Terms & Conditions.

IAs stipulate and agree that cross-line sponsoring or recruiting is the biggest violations of any “Code of Ethics” that if an IA has been proven of such practice that it can only and will lead to instant freezing and deletion of their account.

Not abiding these rules and regulations can cause the termination of the IA Agreement of the IA in question. Using a different name, the names of friends, relatives, partners or any third party in order to avoid this provision is strictly forbidden.

20. Commission and Bonus Manipulation

The manipulation of commissions and bonuses is strictly forbidden. Any attempt to abuse the bonus system or obtain bonuses and commission by manipulation of the rules will result in the removal of all bonuses and freezing of the IA account.

Bonus abuse includes, but is not limited to, altering account details to be eligible for bonus structures, creating multiple IBO accounts, manufacture false claims about performances or results or moving funds between accounts to access bonus funds.

It is also prohibited to recruit and sponsor an IA who in reality are not involved in business activities. Using a different name, the names of friends, relatives, partners or any third party in order to avoid this provision is strictly forbidden.

21. Payment Options

The following payment options are accepted by Cloud Horizon for any payments requested such as license fees:

 Bank Transfer

 E-wallet payments

The Company reserves the right to change the above-mentioned list of payment options from time to time while trying to provide as many options as possible. 


22. Price Adjustments

Cloud Horizon reserves the right to increase or otherwise decrease the prices for goods and services offered to the extent that the Company may deem warranted as a result of increases in the cost of labour, materials, or because of taxes or other charges imposed by the governmental authorities upon the production of sale of such products. Discount provisions otherwise applicable shall continue in force even though the prices may be changed. Price increases shall take effect after written notice on the website (within the “Shop”) shown before any purchases are implemented.

The Company also reserves the right to implement changes in commissions and bonuses according to the Cloud Horizon Compensation Plan. Before any of these changes are implemented, the IAs will be given a 14-day prior notice.

23. Limitations on Damages

To the extent permitted by law, the Company and its officers, directors, employees and other representatives shall not be liable for, and the IA hereby releases the foregoing from, and waive any claim for loss of profit, incidental, special, consequential or exemplary damages which may arise out of any claim whatsoever relating to the company’s performance, non-performance, act or commission with respect to the business relationship or other matters between any IA and the Company, whether sounding in contract, tort, or strict liability.

Furthermore, it is agreed that any damages to the IA shall not exceed and is hereby expressly limited to, the amount of any commissions owed to the IA.

24. Payment Terms

The delivery terms are only provided by way of information and do not bind the seller. Delay in delivery does not entitle the purchaser to make any claims for compensation or dissolution of the agreement. Complaints regarding the delivery must reach the company within seven days after delivery.

If the COMPANY is unable to execute the agreement as a result of force majeure, strike, lockout and suchlike, we reserve the right to terminate the agreement without any compensation being required.

In case of non-payment the COMPANY reserve the right to stop further deliveries, performances and services. In case of non-payment we reserve the right to cancel the agreement by operation of law and without prior notice to consider notice of default as dissolved for the whole or the part not yet executed.

Any objection against the invoice must be made in writing within seven days after the invoice date. The recipient is requested to state the date and number of the invoice.

25. Compensation

The Cloud Horizon Compensation Plan is a fundamental part of these T&C’s providing a commission/bonus paid for performances and upon achieving the required conditions for such commission and bonuses. The commissions and bonuses are under the rules defined in the Compensation Plan and are transferred to the applicable e-wallet of the IA accordingly.

If the IA has any queries about or believes any errors have been made regarding bonuses, downline activity reports, charges, or changes, the IA must notify the company within seven (7) days of the date of the purported error or incident in question. Cloud Horizon is not responsible for any errors, omissions or problems not reported within seven (7) days.

The minimum amount of withdrawing Commissions is: EUR 150, -. Payment service providers or banks might charge a commission, which the IA has to pay in order to complete the transaction(s).

The Company advises the IA to read the Terms & Conditions of any 3rd parties, in this case payment service providers. Payments to an unfamiliar bank account or a bank account, which has a different address than indicated in the IA profile form will not be processed. In the case of legal entities, payments are made to the registered office of the legal entity as indicated in the IA profile form.

An IA is exclusively responsible for VAT registration and for fulfilling duties related to financial statements, in no event is Cloud Horizon liable for such duties. Moreover, all IAs are solely responsible for the payment of income tax, social security and any other related taxes; Cloud Horizon is not liable for such payments under any circumstances.

The Company reserves the right to request a KYC application, this includes an actual photo ID and a proof of residence/address not older than 3 months prior to transferring commissions or bonuses. The proof of identity may be fulfilled by means of a passport or valid identity card along with a utility bill. In case the IA has registered by registering a company, the IA must also provide an extract from the Chamber of Commerce and a VAT ID.

In case the IA has not provided the above-mentioned documentation, the Company reserves its right of withholding any commissions and bonuses in accordance with the law. If such retention occurs, the IA hereby agree that they are prohibited to mandate interest on any commissions and bonuses due.

26. Incorporation of the Compensation Plan

The Cloud Horizon Compensation Plan contains a set of specific rules, regulations, terms and policies. The IA hereby accepts and understands that the conditions, regulations and rewards described in the Compensation Plan are an integral part of the Terms & Conditions.

27. Data Protection Policy

Privacy and data protection are fundamental for Cloud Horizon Limited and all legal entities involved. Protecting information to/of any IA which is stored on any of the Cloud Horizon servers and systems or provided from the IA to us is of vital importance to keep safe and secured. We collect “Personal Data”. This means any information relating to an identified natural person, or identifiable natural person on the basis of the data provided to us or stored and processed by us, or for us. This Data Protection Policy informs how we ensure privacy and the confidentiality of Personal Data. We undertake all legally required measures to be compliant with applicable privacy laws in the jurisdictions we are active in. Cloud Horizon is committed to maximizing your experience and usage on its websites and systems in accordance with the General Data Protection Regulation (GDPR). This policy describes the information we gather, how we may use those Personal Data, the circumstances under which we may disclose such information to third parties and what we undertake to be compliant with applicable privacy laws in the jurisdictions we are active in.

Collecting of Personal Data

When you access or use the any of the Cloud Horizon websites, systems or communicate with us, we may collect relevant information, including: your email address, virtual currency addresses, mobile phone number, alias, password, and any other information you choose to provide. In addition we may also log information, including use of the services, the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to us and features of your mobile device and network used to access us on-line. We may also obtain information from other sources and combine that with information we collect through our services. We may use third-party services co-branded as Cloud Horizon. We will personalize your online experience with us by applying “cookies”, small text files stored on your computer to make the site more useful in providing us such information.

Any Personal Data collected through cookies will be treated in accordance with this Data Protection Policy. If you have set your browser to warn you before accepting cookies, you should receive a warning message with each cookie. You may refuse any cookie by turning them off in your browser, however, you should be aware that our site, like most other popular sites, may work less efficiently when cookies are disabled.

Legal Grounds

Cloud Horizon Limited only collects data when there are legal grounds to do so. These legal grounds consist of:

  • The performance of a contractual agreement.

  • In case there is a legitimate interest: for example, when the processing enables us to enhance, modify, personalize, or otherwise improve our services to the benefit of the websites users or to enhance the security and protection of our services and for marketing purposes.

  • Based upon your consent: for example, when you contact us through our web- sites chat function or when subscribed to our newsletters

Use and Disclosure of Personal Data

Save for exceptions under law where we will notify if legally allowed, we will not use your Personal Data without your consent and only use/process/or disclose Personal Data internally in order to:

  • Determine your preferences;

  • Improve our service and product;

  • Manage and develop our business and operations; 
Be compliant with relevant laws, rules and regulation Cloud Horizon is subject to from time to time in its jurisdiction. 
We also reserve the right to use aggregated Personal Data not relating to any individual and such Data may be collected, stored and/or processed by third party service providers or by an affiliated entity(s) to perform functions on our behalf. All subject to this Data Protection Policy. 
Occasionally, we may employ and share your personal information with vendors who use it solely to provide support for the internal operations of our website (such as; technical support and network delivery) or social features of our products. These entities will not use your personally identifiable information for any other purpose, and have agreed to maintain the confidentiality, security, and integrity of the personal information they obtain from us.

Except when required by law or subject to a lawful exception or consent, we will require any person to whom we provide Personal Data to agree to comply with our Data Protection Policy as it reads from time to time. We will require any third party, seeking access to data we hold to have obtained a Court Order or proof that they are legally allowed to access your data and that the request is valid and within their respective powers.

Personal Data Processing

We will not use/collect/ or disclose Personal Data outside of the purposes of which we have informed you in this Privacy Policy. So far as it is under our reasonable control, we shall ensure that your Personal Data is accurate and up to date.

Security of Your Personal Data

Appropriate safeguards and security measures are in place. Please note however, your Personal Data comes to us via the internet and as such we cannot give any warranty or assurance that the means where information is conveyed to us are safe, reliable or have integrity.

We audit our procedures and security measures regularly to ensure they are effective and appropriate. Our site has security measures in place to protect against the loss, misuse and unauthorized alteration of the information under our control.

The length of time we retain Personal Data outside backup systems varies depending on the purpose for which it was collected and used. This period may extend beyond the end of the particular relationship with us but only for so long as we are contractually bound to do so, or so far as is necessary for audit or other accounting purposes.

When Personal Data are no longer needed, we have procedures to destroy, delete, erase or convert it into an anonymous format. We reserve the right to maintain your Personal Data as part of our standard back up procedures.

Storage of Personal Data

Personal Data is stored in accordance with applicable laws of the jurisdiction of the data subject, at secure locations in the EU and appropriate security standards are in place.

Your Rights

Your rights regarding the information Cloud Horizon collects:
As a subject have the following rights:


  • The right of inspection. This means that you can request access to the personal data we have collected from you. We will send you your data in a csv - file.

  • The right to rectify your data if it is incorrect.

  • The right to delete your data

  • The right to object to (future) processing of your data or to limit it provided there is no legal bases that prevents this.

  • The right to revoke your consent to processing that you have issued. For instance, if you don’t want to receive our Newsletters anymore.

  • The right of data portability. This means that you can request us to hand you over the (digital) information we have collected from you (with your consent) so you can hand this over to another data controller.

f you want to make such a request, please contact us via a ticket from your back office. We will take action latest within 14 days of receiving your request and send you a confirmation accordingly.

Withdrawal of Consent

Except as required or enabled by applicable law, we will not use or disclose Personal Data for purposes for consent has either been refused or withdrawn, all to the extent that we may be legally obliged to do so and to the extent necessary to enforce any obligation you may have towards us under law. Some data must be shared with third parties, failure to do so may render a token, pin number, product or service inoperable or defective.

Changes in Policy

If we make changes to this Data Protection Policy that may impact you, we will provide notice of such changes as appropriate, such as by sending you an email notification to the email address you have provided, and/or providing notice through any of the websites. If we make an administrative change, we may update the “Last Updated” date at the top of this

Privacy Policy.

Questions and Complaints
Questions about this policy, collection, processing, use and disclosure of and access to Personal Data, which is required by law to be disclosed, should be written to the COMPANY with a ticket from your back office.

28. Use of Photographic and Audio-visual Material

It is excepted and recognized that photographs, audio recordings and video footage etc. are a useful media that can be used in many advantageous ways to provide extended presentation and learning opportunities for the IA along with promoting the profile of the Company. It is important to ensure the appropriate use of media and that consent is obtained from the Company before using self-made material.

The IA hereby agrees that the Company may collect and use his/her personal photographic and/or audio-visual material. The Company can use pictures, videos, voice recordings, statements any other form of material derived from the IA.

Only upon receipt of a written request from the IA stating that he/she would like to stay anonymous will the Company stop using the material within a 14-day period.

29.LIMITATION OF CLAIMS

Any claims based on these contractual relations, especially any warranty claims, come under the statute of limitation after 1 year from the point in time at which the claim in question became due and the party entitled to the claim knew the facts establishing the claim, or respectively if the party’s lack of knowledge is caused by gross negligence.

30. CHANGE OF CONTRACTUAL RULES OR INSTRUCTIONS

If the COMPANY realizes that in both parties’ mutual interest in the continued existence of the company or its marketing system, or in the safeguarding of the economic interest of the entire COMPANY field sales network, it needs to change or amend certain regulations in this Agreement or in the Compensation Plan, the IA will be informed in time of the change in writing within the back office. In this message, the IA will be advised of the date of effect of the change and that the change or amendment will become effective if the IA within a two-week period after the message was posted has not objected to the change in writing with a ticket from his back office to support. In the case that no mutual consent can be reached, the COMPANY and the IA will terminate the contractual collaboration at the next regular termination date.

31. Final Provisions

  1. If any provision or any part of any provision in this Agreement is or becomes invalid illegal or unenforceable, then the remainder of such provision and all other provisions of this Agreement shall remain valid and enforceable.

  2. The Parties undertake to replace the invalid stipulation with another, which is as close as possible in its economic effects to the stipulation to be replaced.

  3. This Agreement constitutes the entire agreement between the parties and supersedes any prior proposals, negotiations, understandings, agreements or representations to the extent they relate in any way to the subject matter hereof.

  4. The contractual parties agree upon the competence of the Courts Munich Germany and the applicability of the law of Germany for all claims and disputes resulting from this Agreement.

Status June 2019