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 it up for them can apply from its own Tobachat account. Whether we approve an application is up to us. You are a partner once we do.
You act as an independent business, not as our employee or agent, and cannot commit us to anything. The partnership is not exclusive, and you may not transfer it without our consent.
2. Which clients count as yours
A client can be credited to you when they create a new Tobachat account through your partner link, or when you create an account for them and they accept your invitation. We decide every attribution.
- A client belongs to one partner at most. If more than one partner is involved, we pick one, normally the first.
- Without your link or your invitation, a client is not yours. We do not credit existing accounts to you afterwards.
- You earn no commission on yourself, your own business, or a business that was already a client.
- We may review, hold, change or void an attribution or commission if we suspect it is not right. Our records decide, unless you show they are wrong.
3. Commission
- You earn a share of what your client pays for their plan, excluding VAT and after discounts. Extra conversations and other add-ons do not count.
- We agree the rate and term with each partner; you see them in your partner account. The term runs 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.
- No commission is due on money we do not receive or do not get to keep, such as a refund or a disputed payment. If it was already paid out, we deduct it from your next statement.
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 pay within 30 days of posting the statement in your partner account, provided your bank details and VAT status there are complete.
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. Client accounts
You only work in a client's account if the client wants you to. If you create an account for a client, you do so with their agreement and their own details, and invite them as the owner. Accepting that invitation gives you access.
The account and everything in it belong to the client. They choose your role and can revoke your access at any time. We may limit or end your access, including when the partnership ends. Your commission does not depend on that access.
Use what you see in a client's account only to help that client. You process the personal data in it on the client's behalf. Agree with the client whatever that requires; we are not a party to it.
7. Supporting your clients
You are your clients' first point of contact for setting up and using Tobachat. When you work for a client, you follow the law and WhatsApp's rules, including those on recipients' consent. 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;
- create an account without the client's agreement, or to earn commission you are not owed;
- share non-public information from us or from your clients.
9. Demos
Use the demo maker only for businesses you actually intend to help with Tobachat. Demos are temporary, and we may limit or stop the demo maker.
10. Buying in
For any client, you can choose to pay us for their plan instead of the client paying. This article applies to those clients.
- You pay our list price for each plan minus your buy-in discount. The discount for each buy-in tier is shown in your partner account. We may change it in the same way as your commission, under article 13.
- You pay our invoices for the clients you choose, monthly in advance. You can cancel any client at the end of a month.
- Extra conversations and other add-ons are charged at our list price.
- You decide what you charge your client.
- If an invoice is still unpaid after our reminders, we end that client's subscription and the client moves to the free plan.
- The client keeps their account, their data and their WhatsApp number, and can always take their data with them. Who pays for their plan changes only through you or by agreement with us. If you stop being a partner, they continue with us directly.
- You earn no commission on a client you pay for.
- For these clients, you are the first point of contact, as set out in article 7.
11. Liability
Our total liability under these terms is limited to the commission we paid you in the 12 months before the event or, if higher, the amount you paid us for buying in during the 3 months before the event. We are not liable for indirect loss, such as lost revenue or clients. These limits do not apply to intent or deliberate recklessness.
You indemnify us against claims by others, such as your clients, Meta or a regulator, that arise from what you do as a partner or in a client's account.
12. Pausing and ending
Either side can end the partnership by email with 30 days' notice, and we can end the partner program the same way. If we suspect fraud or a serious breach, such as spam or bidding on our name, we may pause or end the partnership immediately. While it is paused, new signups are not credited to you and payouts are on hold.
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.
13. Changes and governing law
We may change these terms and the partner program, including the commission rate and term and your buy-in discount. If a change works against you, we will email you at least 30 days before it takes effect, and you can end the partnership before then if you do not agree.
These terms are governed by Dutch law. Disputes go to the competent court in the Netherlands.
Questions about these terms? Email [email protected].