Terms of use

for the use of connactz by private and commercial organizers

These terms of use only apply to organizers in the sense of the terms under item 1. The terms of use for musicians can be found at https://www.connactz.com/en/terms/musician.
Status: March 2021
(The following terms of use also contain legal information on the rights of consumers under the provisions on distance contracts and electronic commerce).

Preamble

The connactz GmbH, Nelkenstraße 23, 94447 Plattling (hereinafter the "Provider"), operates the online platform/app connactz, currently available as a web application as well as an app in the Apple AppStore and the Google Play Store (hereinafter the "Platform").

The platform mediates "Event organizers" contacts to musicians, DJs, bands, event technicians, etc. (hereinafter "Artists/Artist Profiles") and thus supports them in event planning, e.g. in connection with weddings, club and company events.

The details of the use of the platform by event organizers are governed by these "Terms of Use". The Terms of Use regulate the relationship between the Provider as operator of the Platform on the one hand and event organizers using the Platform on the other hand.

If an event contract is concluded between an artist and an event organizer, the artist and the event organizer shall 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 Terms of Use are permanently available to the Event Organizer at https://www.connactz.com/de/agb/veranstalter .

  • Terms

    • Users are natural persons who use the Platform as part of an Artist Profile or multiple Artist Profiles. Users may join one or more Artist Profiles as part of their use of the Platform.
    • Artists are independent musicians (solo entertainers, DJ etc.) and/or associations of several musicians. Artists are therefore always entrepreneurs (§ 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 entrepreneurs (§ 14 BGB) or consumers (§ 13 BGB).
  • Registration and conclusion of contract

    • The provider provides event organizers with an app or browser application for searching and booking musicians / artists. The registration is only allowed for natural persons and persons with unlimited legal capacity, i.e. in particular persons of legal age. The use of the platform is free of charge for organizers.
    • Organizers can either use the intelligent filter system and contact artists manually or enter details about the planned event (type of event, location and date, etc.) as well as contact data to receive offers from suitable artist. The provider searches for suitable artists based on matches with the requirements of the event and thus provides an overview of suitable offers.
    • The organizer can communicate with the artists and their musicians and book offers via an integrated chat system.
    • The provider will inform the organizer by e-mail about the status of the offers as well as send a link for a possible unsubscription. The organizer agrees that these mails may be accompanied by advertising content.
    • The provider is entitled to contact the organizer via the given e-mail address, for example, to forward messages from artists or to ask for an evaluation.
  • Contract term and termination

    • The contract concluded in accordance with Section 2.1 of these Terms of Use for the free use of the platform (referred to as the "User Contract") shall run for an indefinite period of time. Both the organizer and the provider are entitled to terminate the usage contract at any time without notice. Termination shall be effected by deletion of the account or by corresponding notification by the terminating party on the platform or by e-mail.
    • Termination of the User Agreement does not affect the validity of event contracts concluded between artists and Organizers using the Platform.
  • Subject matter of the contract for organizers; conclusion of contracts with artists

    • The user agreement concluded in accordance with these Terms and Conditions includes the use of all functions of the Provider's platform. This includes, in particular, the mediation of contract conclusions regarding the booking of artists for events as well as associated services (such as support with payment processing). The exact scope of services results from the description of the functions on the platform.
    • The use of the platform and the mediation of event contracts by the provider is free of charge for the organizer.
  • 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 possibility to book an event / performance of the artist in the platform.
    • After booking an event/performance, the artist can either upload its own draft contract to the platform, create a draft contract via the platform's contract configurator, or informally confirm the booking without a contract document. This process is considered a legally binding offer by the artist to conclude an event contract at the conditions negotiated in advance.
    • If the artist and the organizer conclude an event contract via the platform, the provider is not involved in this contract as a party. The Provider is neither responsible for the correctness of the contract form nor for the effectiveness of the provisions contained therein. This also applies if the artist uses the contract configurator developed by the Provider to the best of its knowledge and belief. In particular, the contract configurator does not constitute legal advice in individual cases by the provider.
    • The platform does not currently provide for the possibility of canceling event contracts that have already been concluded. Artists and organizer must negotiate a cancellation and corresponding conditions individually, if necessary.
  • Right of withdrawal

    • Pursuant to Section 312g (2) Sentence 1 No. 9 of the German Civil Code (BGB), organizers do not have a right of withdrawal in connection with the provider's services.
  • Data protection and security

    • All personal data collected from the user will be treated in accordance with the applicable data protection laws. The privacy policy of the provider applies.
  • Rights and obligations of the organizer

    • Organizers are obligated to only enter inquiries / event opportunities if there is actually an intention to enter into a contract for the planned event.
    • Organizers are not allowed to pretend a false identity.
    • Organizers will provide a valid email address for contact.
  • Rights and obligations of the provider

    • The Provider shall endeavor to ensure that its services are available to Event Organizers at all times and as completely as possible on all end devices, and it shall take all reasonable technical and personnel precautions to exclude overloading or failure of the platform as far as possible. Unfortunately, the Provider cannot therefore guarantee 100% availability of the platform. Likewise, the provider cannot guarantee that the website and the platform will always be displayed without errors, especially if unsuitable or outdated hardware and software is used (e.g. outdated browsers). The organizer is responsible for the functionality of the hardware, software operating systems and internet connection used for the use of the platform.
    • The provider is entitled to change, expand and restrict the functionalities of the platform at any time.
    • The Provider is entitled to display advertisements on all pages of the Platform and on the Provider's website 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 Organizer.
  • Settlement of complaints

    • Complaints from the organizer regarding the offer, booking or fulfillment of the agreement with artists must be made to the artist. The sole responsibility for the artist's offer and the fulfillment of the agreement lies with the artist. In case of such complaints, the Provider can only play a conciliatory role.
    • If the Organizer has a complaint regarding the Platform, the Organizer will report this complaint to the Provider's customer service by email to support@connactz.com. The Provider will process the complaint as soon as possible.
    • The European Commission provides a platform for online dispute resolution (ODR platform). This platform can be found at http://ec.europa.eu/odr. The provider expressly excludes alternative dispute resolution in accordance with Directive 2013/11/EU. The e-mail address of the provider is support@connactz.com.
    • The provider is not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.
  • Ratings of musicians / artists

    • The provider offers organizers the opportunity to rate the performance of musicians / artists and / or the quality of events. The posted ratings of the organizer may not have any right-wing extremist, sexist, insulting, defamatory or otherwise illegal content and may not otherwise violate the rights of third parties (including industrial property rights).
    • The Provider may remove ratings from the platform if the ratings violate the aforementioned criteria or if, in the Provider's view, there are other valid reasons.
  • Rankings of musicians / artists

    • Within the scope of an organizer's search for artists for the purpose of initiating events and performances, the musicians / artists 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 musicians associated with it (e.g. genre, instrumentation, local availability, repertoire);
      • Information from previous applications / events (e.g. fee requirements, previous rejections / acceptances);
      • Date availabilities from the artist calendar.
    • Within the scope of booking fee-based agents, artists have the possibility to improve their ranking within the scope of the search according to section 12.1. Among comparable artists, artists are displayed here in the context of filtering / sorting in preference to other, equally suitable artists.
  • Responsibility, warranty and liability

    • The provider is expressly not liable for breaches of contract by the musicians / artists offering their services on the platform, as the provider does not become a party to the event contract.
    • The provider also assumes no responsibility for the constant timeliness or accuracy of the content posted on the pages of the platform, which were created by participating musicians / artists or organizers. In particular, the provider is not responsible for the descriptions of the musicians / artists / events on the platform. This information is the sole responsibility of the musicians / artists.
    • The provider is liable without limitation for intentional or grossly negligent breaches of duty; the provider assumes no liability for slight negligence, as it provides its services to the organizer free of charge. Within the scope of chargeable services, the Provider shall only be liable for slight negligence 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 damages to health, life and limb 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.
  • Other

    • The Provider reserves the right to change these Terms of Use at any time, provided that this is reasonable for the Organizer and that they do not unreasonably disadvantage the Organizer.
    • The law of the Federal Republic of Germany shall apply. The place of performance for the mutual obligations arising from this contract shall be the registered office of the Provider.

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Nelkenstraße 23
D-94447 Plattling
  support@connactz.com
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