These terms apply to every Tobachat partner. Your own use of Tobachat is also governed by our terms of service.
1. Becoming a partner
Any business that brings clients to Tobachat or sets Tobachat up for them can apply, from its own Tobachat account. We review every application ourselves and may decline one. You are a partner once we approve yours.
You act as an independent business. You are not our employee or agent and cannot make commitments on our behalf. The partnership is not exclusive: you may recommend other platforms, and we work with other partners.
2. Which clients count as yours
A client is yours when they create a new Tobachat account through your partner link. If they accept our cookies, their device keeps your link for 90 days, so a later signup still counts.
- If more than one partner sent them a link, the first link they clicked counts. A client belongs to one partner at most.
- Without your link, a client is not yours. We cannot assign an existing account to you afterwards.
- Only we can change an assignment afterwards, and we record the reason.
- You earn no commission on yourself, your own business, or a business that was already a client. If a signup looks like one of these, we hold the commission until we have reviewed it.
3. Commission
- You earn 30% of what your client pays for their plan, excluding VAT and after discounts. Extra conversations bought on top do not count.
- This runs for 24 months from your client's first paid plan invoice. For an annual plan we count one twelfth per month.
- Commission becomes final 30 days after the payment, and not before the end of the month the payment covers.
- If we refund your client or they dispute a payment, the commission on that part lapses. If it was already paid out, we deduct it from your next statement. If the dispute is decided in our favor, the commission is restored.
- The rate and term in force when your client signed up stay the same for that client.
4. Statements and payment
After each quarter we prepare a statement of your final commission. If the total is under €50, it carries over to the next quarter.
We check each statement, post it in your partner account and transfer the amount within 30 days. We can only pay once your bank details and VAT status are in your partner account.
5. Invoicing and VAT
You agree that we draw up the invoice for your commission on your behalf. The statement is that invoice: it carries a number from our series and the words "factuur uitgereikt door afnemer" (self-billed invoice). You do not need to invoice us yourself.
If a statement is wrong, tell us within 14 days and we will issue a corrected one. If we hear nothing within that period, you have accepted it.
All amounts exclude VAT. If you are VAT-registered in the Netherlands, we add 21% VAT. If you use the Dutch small business scheme (KOR), no VAT is added. If you are based outside the Netherlands, the statement shows no VAT because it is reverse-charged to us.
You remain responsible for the VAT on your commission and for your own tax returns. Keep your company details, VAT status and bank account in your partner account up to date.
6. Access to client accounts
You can only work in a client's account if that client grants you access. The client picks your role and can revoke access at any time. Access also ends after 90 days without use and when the partnership ends. Your commission does not depend on it.
Use what you see in that account only to help that client. How you handle the client's personal data is for you and the client to agree.
7. Supporting your clients
You are your clients' first point of contact for questions about setting up and using Tobachat. When you get stuck, we help you.
8. What is not allowed
You may use the Tobachat name to recommend us. You may not:
- message people who did not ask to hear from you;
- bid on Tobachat or a variation of the name in search ads, or use the name in a domain or account name;
- make claims about Tobachat that are not true, or suggest that you speak for us.
9. Demos
Use the demo maker only for businesses you actually intend to help with Tobachat. A demo expires after 30 days.
10. Liability
Our liability under these terms is limited to the commission we paid you in the 12 months before the claim. We are not liable for indirect loss, such as lost revenue. These limits do not apply to intent or deliberate recklessness.
11. Ending the partnership
Either side can end the partnership by email with 30 days' notice. We may end it immediately in case of fraud or a serious breach, such as spam or bidding on our name.
We still pay commission on payments made up to the end date, even if it becomes final later. Payments after that date earn no commission. In case of fraud, commission not yet paid out lapses.
12. Changes and governing law
We may change these terms. We will email you at least 30 days before a change takes effect. If you do not agree, you can end the partnership. The rate and term for clients you already have do not change.
These terms are governed by Dutch law. Disputes go to the competent court in the Netherlands.
Questions about these terms? Email info@tobachat.nl.