General terms and conditions for the use of connactz by artists - musicians' terms and conditions

These GTCs apply only to user in the sense of the terms under item 1. The terms of use for organizers can be found at https://www.connactz.com/en/terms/organizer.
Status: March 2021

Preamble

The connactz GmbH, Nelkenstraße 23, 94447 Plattling (hereinafter the "Provider"), operates the online platform/app connactz, currently available as a web application (hereinafter the "Platform").

Musicians, DJs, bands, event technicians, etc. (hereinafter "Users") can create a free account on the platform to use special management services. These services include an appointment calendar, applications for organizing, managing and handling performance appointments.

Users can create an "Artist Profile" or multiple "Artist Profiles", and then use additional paid features to publicly present themselves as artists to event organizers and receive suggestions for performance opportunities (hereafter "Events" or "Requests"). A "virtual agent" thereby supports the artists in the acquisition as well as in the contracting and invoicing. In addition, the "virtual agent" informs the artists about the availability of band members, date clashes or possible date changes for events. The provider does not offer its own performance opportunities through the platform.

The details of the use of the platform by musicians and artists are determined by these General Terms and Conditions (hereinafter "Musicians' GTC"). The Musicians' GTC regulate the relationship between the provider as operator of the platform on the one hand and musicians and artists using the platform on the other hand.

If an event contract is concluded between an artist and an organizer, the artists and the organizer regulate the content of the event contract among themselves, if desired with the support of a contract configurator in the platform. The provider is not a party to this event contract.

These Musicians' GTC are permanently available to the musician and artist at https://www.connactz.com/en/terms/musician .

  • Terms

    • Users are natural persons who use the platform, usually as part of one or more Artist Profiles. Users may join one or more Artist Profiles as part of their use of the Platform.
    • Artists (presented in their individual profiles, called "artist pages") are independent musicians (solo entertainers, DJ etc.) and/or associations of several musicians. Artists are therefore always companies (§ 14 BGB).
    • Organizers are natural or legal persons or partnerships with legal capacity (e.g. bridal couples, clubs, festival hosts, event organizers), who are in the planning phase of an event and are looking for artistic services for this event. Organizers can be companies (§ 14 BGB) or consumers (§ 13 BGB).
  • Service description

    • The provider provides users with an app or browser application for registering a free account. The registration is only permitted to natural persons and persons with unlimited legal capacity, i.e. in particular persons of legal age.
    • Users can store data in their account about their artistic career, among other things, present their artistic activities and recommend themselves to other users / artists, for example, as a substitute musician. This data is accessible to other users registered on the platform and serves the networking of musicians among themselves.
    • In order to present themselves to event organizers, users can create so-called Artist Profiles. An Artist Profile can represent a solo musician (solo entertainer, DJ, etc.) or an association of several musicians in a group (e.g. band, brass band, choir). Users can be invited to Artist Profiles or create them themselves. By creating an Artist Profile, the user confirms that the artist profile act as a company (§14 BGB) and that he/she is authorized to represent the artist.
    • The "virtual agent" synchronizes users' schedules within an artist profile and ensures easy handling of shared performance data, especially the most important information such as venue, start of performance, etc.
    • Artists each receive their own, publicly accessible profile page with the artist name / band name, a description, as well as photos, audio samples, videos, etc. The artist can receive ratings from visitors in their own guest book. Artists are listed in a directory and offered to event organizers for booking.
    • The first artist profile a user creates will receive a free Gold trial package for 30 days. After the 30 days, the Gold trial package ends automatically. Cancellation is not required. Additional artists created by a user do not receive this trial package.
    • Various fee-based agent-services with different scopes of service are available to artists: the "Silver Agent", the "Gold Agent" and the "Platinum Agent". The scope of services of the respective agents results from the service description available at https://www.connactz.com/en/price at the time of the start of the contract.
    • The Provider is entitled to increase or decrease the scope of services under this clause at any time during the term of the contract. The Provider shall inform the user / artist in good time of any such changes in accordance with the procedure described in section 10.1 of these Musician GTC. In the event of a reduction in services, the user / artist shall be entitled to the right of objection described in section 10.1 of these Musician GTC as well as a right of extraordinary termination.
    • You can insert two different line-ups (e.g. performance as "Duo" alternatively "Band" etc.) that can be stored under the same artist profile. In case of different performance names, however, it is mandatory to create another artist with a separate artist profile.
  • Conclusion of event contracts

    • Within the framework of the use of the platform, artists and organizers have the opportunity to contact each other and negotiate conditions for events / performances. The declarations made in this context are initially not legally binding unless the parties expressly designate their declarations as legally binding.
    • If the artist and the organizer agree on the essential details of an event / performance, the organizer has the option within the platform to book a performance of the artist.
    • After booking an event/performance, the artist can either upload their own draft contract to the platform, create a draft contract using the platform's contract configurator, or confirm the booking informally without a contract document. This process is considered a legally binding offer by the artists to conclude an event contract on the terms negotiated in advance.
    • If artists and organizers conclude an event contract via the platform, the provider is not a party to this contract. The provider is neither responsible for the correctness of the contract form nor for the effectiveness of the regulations contained therein. This also applies if the artist uses the contract configurator developed by the provider to the best of his knowledge and belief. In particular, the contract configurator does not represent legal advice in individual cases by the provider. The artist will meet the requirements of Section 7.3 within the scope of using their own draft contract.
    • The platform does currently provide no option to cancel event contracts that have already been concluded. Artists and organizer must negotiate a cancellation and corresponding conditions individually, if necessary.
    • Starting with the "Silver Agent", artists have the option to generate invoices for concluded events. Artists and event organizers receive these invoices in PDF format via the platform. The provider is not involved in the payment processing. The contract generator is available with the "Gold Agent".
  • Contract term and termination

    • The contract concluded in accordance with section 2.1 of these Musicians' GTCs for the free use of the platform (referred to as "Platform Contract") shall run for an indefinite period. As long as the Platform Agreement only covers the free use of the Platform, both the user and the Provider are entitled to terminate the Platform Agreement at any time without notice. The termination shall be effected by deletion of the account or by corresponding notification by the terminating party on the platform or by e-mail.
    • In the case of fee-based agent services for artists (Section 2.7), a choice can be made between an annual and a monthly subscription. Annual subscriptions have a minimum term of one year and monthly subscriptions a minimum term of one month from the start of the provision of the respective agent service. The term shall be extended by a further year for annual subscriptions or a further month for monthly subscriptions if notice of termination is not given before the end of the term. Termination shall be effected by corresponding notification by the terminating party on the platform or by e-mail.
  • Prices and payment processing

    • Insofar as the provider provides services for artists that are subject to a fee (section 2.7), the artist pays a monthly or yearly fee for this in the amount agreed in the platform contract.
    • Payments are debited monthly or annually via the payment service provider Stripe, depending on the selection of the annual or monthly model. When concluding a paid service, the user is redirected to Stripe to provide payment information. The provider has no access to the user's payment information stored here.
    • The Provider is entitled at any time to charge fees for services that were/are free of charge at the time the contract was concluded and/or to adjust the fees described in this section 5 of the Musicians' GTC with the start of a new contract period. The Provider shall inform the User / the Artist before such changes take place in accordance with the procedure described in section 10.1 of these Musicians' GTC. In this case, the User / the Artist shall be entitled to the right of objection described in section 10.1 of these Musicians' GTC as well as a right of extraordinary termination.
  • Data protection and security

    • All personal data collected from users and artists will be treated in accordance with the applicable data protection laws. The privacy policy of the provider applies.
  • Rights and duties of the users / artists

    • The creation of an account requires that the user is artistically active.
    • The user / artist shall observe the applicable laws in any use of the Platform and in the context of the fulfillment of the Event Contracts brokered via the Platform and shall always maintain professional courteous dealings with Organizers and other Users / Artists.
    • Insofar as the artist uses its own contractual conditions in accordance with Section 3.3 of these Musicians' General Terms and Conditions, it shall comply with the following requirements regarding their formulation:
      • The contractual terms and conditions shall regulate the essential elements of the contract in a transparent manner; in particular, the contractual terms and conditions shall make it clear who the contracting parties are and that the provider of the platform is not a contracting party.
      • The terms and conditions of the contract do not contain any obviously invalid regulations.
      • The contractual terms and conditions contain comprehensive and customary regulations with regard to the execution of events / performances.
      • The terms and conditions of the contract are consistent with the mediation and execution of contracts via the platform.
    • Users / artists guarantee the provider that they are entitled to use and pass on the content (texts, images, etc.) provided by them for an offer. Likewise, users / artists ensure that the information they provide is always correct and up-to-date and undertake to comply with the rules of fair competition. Users / artists indemnify the provider from all claims of third parties, in particular from claims due to events / performances carried out using the platform, but also due to copyright, competition, trademark, data protection and personal rights violations, which should be raised against the provider in connection with the use of the platform by the user / artist, on first demand. Users / Artists shall immediately notify the Provider of any claims they become aware of or of the initiation of proceedings or audits by third parties in connection with the use of the Platform. The provider is entitled to take appropriate measures himself to defend against claims by third parties or to pursue their rights. The indemnification also includes the reimbursement of reasonable costs that the Provider incurs or has incurred as a result of legal prosecution/defense.
    • The provider would like to publish information from users / artists from time to time for marketing purposes on the platform, on the provider's website or in other advertising media (social media, flyers, advertisements, etc.). For this purpose, users / artists grant the provider free of charge the simple right, unlimited in time, space and content, to make profile information (texts, images, etc.) supplied by them publicly accessible, to reproduce, to distribute and to edit for this purpose within the limits of the (copyright) personal rights. Users and artists can revoke this granting of rights at any time in writing (text form is sufficient) to the provider.
  • Rights and obligations of the provider

    • The Provider may exclude users / artists from using in the Platform at any time or terminate the Platform Agreement if the users / artist violates essential obligations for the use of the Platform, in particular the Musicians' GTC or applicable laws.
    • The Provider shall endeavor to ensure that its services are always and fully available to users and artists on the agreed end devices, and it shall take all reasonable technical and personnel precautions for this purpose in order to exclude overloading or a failure of the platform as far as possible. Unfortunately, the Provider cannot therefore promise 100% availability of the platform. Likewise, the Provider cannot promise that the Platform will always be displayed without errors on the agreed end devices, especially if unsuitable or outdated hardware and software are used (e.g. outdated browsers).
    • The provider is entitled at any time to restrict or block the access of musicians / artists and organizers to the platform and/or to individual content or to delete individual content as long as there is a reasonable suspicion against the artist of improper use or use contrary to the Musicians' GTC. This also applies if there is suspicion that these violate applicable law or the rights of third parties.
    • The provider may send users / artists statistics of their own profile by e-mail and may inform users / artists by e-mail about innovations of the platform or new collaborations. The artist may object to the sending of these e-mails at any time with effect for the future.
    • The Provider is entitled to display advertising on all pages of the Platform and is also entitled to adapt or change the appearance, structure and functionality of the Platform or to discontinue the operation of the Platform at any time without the consent of the user / artist.
  • Warranty and liability

    • The provider is expressly not liable for breaches of contract by the users / artists offering their services on the platform, as the provider does not become a party to the event contract. Users / artists or organizers are liable for defects of the events / performances or other breaches of duty according to the contractual and legal regulations.
    • Furthermore, the provider does not assume any liability for the constant actuality or correctness of the content posted on the pages of the platform, which was created by the users / artists.
    • The provider is liable for intentional or grossly negligent breaches of duty without limitation, for slight negligence only in the event of a breach of essential contractual obligations in a manner that endangers the purpose of the contract (so-called cardinal obligations). Claims for damage to health, life and limb shall remain unaffected by the above limitations of liability. The provider is expressly not liable for the non-fulfillment of contractual obligations if these are based on a reason beyond the control of the provider.
  • Provisions related to the P2B regulation

    By the provisions of this Clause 10, the Provider complies with specific requirements of Regulation (EU) 2019/1150 of 20 June 2019 on the promotion of fairness and transparency for business users of online intermediary services ("P2B Regulation"), to the extent that such requirements are not already satisfied by other provisions of these Musician T&Cs.
    • Restriction, Suspension and Termination: The Provider reserves the right to temporarily restrict or terminate the Platform for Users and Artists under the following conditions:
      • In the event of a breach of the obligations under section 7 of these Musicians' GTC.
      • If the user / artist is in default either for two consecutive dates in the payment of the monthly fees (clause 5.1) or of a not insignificant part of the monthly fees, or if, in a period extending over more than two dates, he is in default in the payment of the monthly fees in an amount equal to the fees for two months.
      In the cases mentioned herein, the Provider shall provide the users / artists with a justification by e-mail in due time before or simultaneously with the measure taking effect.
    • Ranking: Within the scope of an organizer's search for artists for the purpose of initiating events and performances, the artists profiles that come into question for his order are displayed to the organizer according to the following criteria:
      • Matching the requirements of the organizer with the profile information of the artists and the users associated with it (e.g. genre, instrumentation, local availability, repertoire);
      • Information from previous applications / events (e.g. fee requirements, previous rejections / acceptances);
      • Date availability from the calendar.
      • Artists have the possibility to improve their ranking in the context of the search according to clauses 10.2.1 to 10.2.3 by booking the "Platinum Agent". Among comparable artists, artists are displayed here in the context of filtering / sorting in preference to other, equally suitable artists.
    • Data access after the end of the contract: The Provider points out that data of musicians, artists and of event organizers may continue to be stored by the Provider after the end of the contract in accordance with the data protection laws applicable to the Provider, insofar as this is permissible due to legal or other retention obligations or due to legitimate interest.
    • Data access during use: The provider points out that users / artists have access to their own data stored in the platform (whether with or without personal reference) or to those of other users and organizers as follows:
      • In the course of the booking process, (personal) data of the organizers involved in the order is transmitted and stored.
    • Internal complaint management system: The provider has set up an internal complaint management system that meets the requirements of the P2B-VO. The corresponding contact information is available on the provider's website (imprint). Information from the provider on the functioning and effectiveness of the internal complaint management system is also available here.
    • Mediation: In the event of complaints from artists that cannot be resolved by the means of the internal complaints management system specified in the P2B Regulation, the provider is prepared to work with at least the following mediators to reach an out-of-court settlement with artists of any disputes relating to the provision of the platform and corresponding complaints:
      • Lawyer Jutta Klumpp, Klumpp Law Office, Südostallee 128, D-12487 Berlin; Tel.: +49 (0) 178 460 5257; e-mail: info@kanzlei-klumpp.de.
      • Attorney at Law Dr. Philipp Höttler, LL.M., Hoflacher Str. 6, D-82223 Eichenau; Tel.: +49 (0) 172 7378310; E-Mail: info@kanzlei-hoettler.de.
  • Other

    • The Provider reserves the right to amend these Musician T&Cs at any time, provided that this is reasonable for the User / Artist and the amendments do not unreasonably disadvantage the User / Artist. The User / Artist will be informed of the changes by e-mail at least fifteen (15) days before the changes come into effect. In this e-mail, the User / the Artist will be sent the new Musician GTC. The User / Artist is entitled to object to the validity of the new Musician GTC within this period by e-mail. If the Provider does not permit the continued validity of the previous Musician GTC in the event of an objection, the User / Artist shall have the right to terminate the agreement. This e-mail will also contain a reference to the right of objection, the objection period and the significance of a failure to object. If the User / the Artist fails to object, the amended Musician GTC shall become part of the contract after the expiry of the 15-day period. This period shall be expressly pointed out to the User / Artist within the scope of the notification of amendment.
    • The provider is entitled to transfer this contract with all rights and obligations to a company of his choice. The transfer shall become effective four (4) weeks after it has been communicated to the User / Artist. In the event of this transfer, the Musician / the Artist shall be entitled to a special right of termination, which must be asserted within one month of notification.
    • The law of the Federal Republic of Germany applies, place of performance for the mutual obligations arising from this contract and place of jurisdiction is the registered office of the provider. However, the provider is entitled to choose the registered office of the musician / artist as the place of jurisdiction.

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Nelkenstraße 23
D-94447 Plattling
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