General terms and conditions for the use of modelmanagement.com by agents/agencies, photographers, hair and makeup artists, stylists, other industry professionals and spectators (each a “Professional” and collectively “Professionals”)
When registering for MODELMANAGEMENT.COM, Professionals must accept the following general terms and conditions (the “GTCs”) for using MODELMANAGEMENT.COM.
The Professional enters into this agreement on the use of MODELMANAGEMENT.COM with MM Model Management Limited, 3, Chrysanthou Mylona Street, CY-3030 Limassol, Cyprus. Additional contact information, commercial registry data, as well as the name of the authorized representative of MODELMANAGEMENT.COM are accessible via “Company details”.
“Professionals”: Agents/agencies, photographers, hair and makeup artists, stylists, other industry professionals and spectators visiting or using MODELMANAGEMENT.COM;
“Models”: Models visiting or using MODELMANAGEMENT.COM;
“B-Professionals”: Agents/agencies, photographers, hair and makeup artists, stylists and other industry professionals that are registered users on MODELMANAGEMENT.COM and that use the Booking System;
“B-Models”: Models of legal age (18 years old and older) that are subscribed to MODELMANAGEMENT.COM and that use the Booking System;
“GTCs”: General Terms and Conditions for the use of MODELMANAGEMENT.COM by Models, including Sections A to C.
“GTCs Booking System”: General Terms and Conditions accepted by Models and Professionals for the use of the Booking System.
“Booking System”: Feature on MODELMANAGEMENT.COM through which registered Professionals are able to book a Model of legal age (18 years old or over) for a certain job;
“Total Price”: Total amount that B-Professionals must pay by PayPal or credit card on MODELMANAGEMENT.COM for booking a B-Model through the Booking System;
“Agreed Date”: End date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them;
“Start Date”: Start date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them;
“Agreed Fee”: Fee agreed between the B-Professional and the B-Model for the job requested by the B-Professional to the B-Model through the Booking System.
B. USE OF MODELMANAGEMENT.COM
1. Subject Matter
1.1 MODELMANAGEMENT.COM offers Professionals a platform for their global scouting and hiring of male and female models who have posted their photo books and profiles on MODELMANAGEMENT.COM (the “Models”) and provides Professionals with access thereto pursuant to these GTCs. Furthermore, Professionals may use MODELMANAGEMENT.COM to upload photos of and promote their models.
1.2 The Professionals may start using the services of MODELMANAGEMENT.COM if and when MODELMANAGEMENT.COM has confirmed their right to do so. The right to use MODELMANAGEMENT.COM may be obtained by invitation or upon specific request.
1.3 The Professional acknowledges and agrees that it is technically impossible to achieve 100% availability of MODELMANAGEMENT.COM. MODELMANAGEMENT.COM shall nonetheless endeavor to keep MODELMANAGEMENT.COM available without interruption. Events related to maintenance, security or capacity requirements, and/or events be-yond MODELMANAGEMENT.COM's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on MODELMANAGEMENT.COM.
1.4 MODELMANAGEMENT.COM provides Professionals with a platform where they can establish contacts with Models, other agencies, photographers or other users, provided that such users have agreed to be contacted and set their account accordingly. MODELMANAGEMENT.COM does not take part in any communication between Professionals and Models and/or other users of its services. If Professionals and Models and/or other users enter into agreements with one another via MODELMANAGEMENT.COM, MODELMANAGEMENT.COM shall not be a contracting party to these agreements. Only the Professionals and the Models and/or other users are responsible for the execution and/or fulfillment of agreements in which they enter with one another and MODELMANAGEMENT.COM shall not be liable for breaches of such agreements. MODELMANAGEMENT.COM shall not be held liable if Professionals and Models and/or other users are unable to contact one another over MODELMANAGEMENT.COM regarding such agreements.
2. Registration, and Representations and Warranties upon Registration
2.1 Professionals must register prior to using the “Premium Services for Professionals” of MODELMANAGEMENT.COM.
2.2 The Professional represents and warrants that all of the data provided for registration are accurate and complete. The Professional shall report any changes in the registration data to MODELMANAGEMENT.COM without undue delay.
2.3 The Professional shall choose a password upon registration, which is needed in order to access his/her account on MODELMANAGEMENT.COM. The Professional is obliged to keep this password secret. MODELMANAGEMENT.COM shall not disclose the password to any third party and MODELMANAGEMENT.COM’S employees shall not ask for the Professional’s password at any time. The Professional shall notify MODELMANAGEMENT.COM immediately of any unauthorized use of the Professional’s password or account.
2.4 By completing the registration process, the Professional accepts these GTCs on the use of the services of MODELMANAGEMENT.COM.
3. Obligations of the Professional; Consent to Disclosure of Professional’s Name
3.1 The Professional is obliged to provide only true and non-misleading statements in its communications with Models and shall, at all times and in all dealings and communications with Models, comply with applicable law.
3.2 The Professional agrees that MODELMANAGEMENT.COM may use the Professional’s name and brand as a customer reference and may publicly disclose and advertise the fact that the Professional is using MODELMANAGEMENT.COM.
4. Changes to the Services on MODELMANAGEMENT.COM
MODELMANAGEMENT.COM reserves the right to modify the services offered on MODELMANAGEMENT.COM and/or to offer services different from those offered at the time of the registration of the Professional at any time, unless this is unreasonable for the Professional.
5. Termination of Subscription
5.1 The Professional may terminate his/her subscription to MODELMANAGEMENT.COM at any time without cause. The Professional may notify the termination to MODELMANAGEMENT.COM by email at any time. The termination notice shall include the Professional’s registered name and e-mail address. The subscription to MODELMANAGEMENT.COM shall terminate automatically in case the Professional does not pay the subscription fee for the renewal of its subscription as and when due as set forth under “fees”.
5.2 During any term for which a Professional has paid the applicable subscription fee, MODELMANAGEMENT.COM may only terminate such subscription for good cause. A “good cause” is defined as an event which makes it unacceptable for MODELMANAGEMENT.COM to continue the subscription to the end of the subscription period, taking into account all circumstances of the individual case and weighing the interests of MODELMANAGEMENT.COM against those of the Professional and includes, among others, any the following events:
- If the Professional fails to comply with any applicable legal provisions;
- If the Professional breaches a material contractual obligation set forth in these GTCs;
- If the Professional causes harm to any other user(s) of MODELMANAGEMENT.COM;
- If MODELMANAGEMENT.COM considers that the Professional is involved in any immoral activity.
5.3 In the following cases, the Professional shall not be entitled to claim reimbursement of any subscription fees paid:
- If MODELMANAGEMENT.COM has terminated the contract for good cause pursuant to section 5.2;
- If the Professional has terminated the agreement. However, the Professional’s right to claim reimbursement of any subscription fees shall not be excluded in this case if the Professional has terminated the agreement for a good cause attributable to MODELMANAGEMENT.COM.
6. Responsibility for the Content, Data or other Information
6.1 MODELMANAGEMENT.COM does not make any warranties or representations regarding any data and/or information provided or made available by any user on MODEL-MANAGEMENT.COM. In particular, MODELMANAGEMENT.COM does not warrant or represent that said data and/or information is true or accurate.
6.2 The Professional shall report any activities of any other user which violate applicable laws and/or any of the terms and conditions using the contact form available on MODEL-MANAGEMENT.COM.
7. Customer Service/Support
Queries regarding the agreement with MODELMANAGEMENT.COM or regarding MODELMANAGEMENT.COM’s services may be sent to MODELMANAGEMENT.COM using the contact form available at all times on MODELMANAGEMENT.COM or by sending an e-mail to [email protected]
8. Liability of MODELMANAGEMENT.COM
MODELMANAGEMENT.COM (including its vicarious agents) shall only be liable for dam-ages incurred by the Professional as a consequence of breaches of material obligations of MODELMANAGEMENT.COM pursuant to these GTCs.
9.1 The Professional shall indemnify and hold MODELMANAGEMENT.COM harmless from and against all actions, including damage claims, asserted by Models, other users or third parties against MODELMANAGEMENT.COM resulting from an infringement of their rights by the Professional. The Professional assumes all reasonable costs MODELMAN-AGEMENT.COM incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights of MODELMANAGEMENT.COM, including the right to claim damages, shall remain unaffected.
10. Data Protection
MODELMANAGEMENT.COM recognizes that any personal data provided by the Professional to MODELMANAGEMENT.COM is extremely important to the Professional, and MODELMANAGEMENT.COM shall therefore be particularly sensitive in handling such data. MODELMANAGEMENT.COM shall comply with all applicable legal provisions regarding data protection. In particular, MODELMANAGEMENT.COM shall not provide or otherwise disclose any personal data of the Professional to any third party without authorization. Details on MODELMANAGEMENT.COM's treatment of personal data are set forth in the Data Protection Policy of MODELMANAGEMENT.COM of MODELMANAGEMENT.COM.
11. Feedback, Reputation and reviews
Professionals accept and acknowledge transferring copyright of all the feedback, reputation and reviews that they may post on the Website. This feedback belongs solely to MODELMANAGEMENT.COM. Professionals acknowledge that they cannot use this feedback without prior written permission of MODELMANAGEMENT.COM.
Professionals are responsible for paying their own taxes. Legal VAT, according to the Law of Cyprus, will be added to fees billed to Professionals, if applicable.
Professionals accepting the GTCs for using MODELMANAGEMENT.COM declare that they fully and perfectly understand the content of the English version of these GTCs.
14.1 Any amendments to these GTCs must be made in writing in order to be valid.
14.2 MODELMANAGEMENT.COM reserves the right to amend these GTCs at any time, without giving reasons, unless an amendment is unreasonable to the Professional. MODELMANAGEMENT.COM shall give due notice of any amendments of these GTCs to the Professional. If the Professional does not object to the applicability of the revised GTCs within two (2) weeks after receipt of said notice, the amended GTCs shall be deemed to be accepted by the Professional. MODELMANAGEMENT.COM shall inform the Professional about the Professional’s right to object and of the relevance of the objection deadline in said notice.
14.3 Unless otherwise stated in these GTCs, the Professional may submit all notices to MODELMANAGEMENT.COM using the contact form provided on MODELMANAGEMENT.COM or by sending an e-mail to [email protected] 14.4 If any provision of these GTCs is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. Any invalid and/or unenforceable provision shall be replaced with a valid and/or enforceable provision which comes as close as possible to the intent and economic effect of the invalid and/or unenforceable provision. This also applies to regulatory gaps in these GTCs.
C. BOOKING SYSTEM OF MODELMANAGEMENT.COM
The Booking System is a feature on MODELMANAGEMENT.COM through which registered Professionals (herein after “B-Professionals”) are able to book subscribed Models of legal age (herein after “B-Models”) for a certain job. B-Models and B-Professionals accept the following General Terms and Conditions for using the Booking System of MODELMANAGEMENT.COM:
1. General Terms and Conditions for the use of MODELMANAGEMENT.COM
These General Terms and Conditions for the use of the Booking System (herein after “GTCs Booking System”) include all the above-mentioned terms and conditions (Section A and B) as long as they are not contrary to the GTCs Booking System (Section C).
2. Use of the Booking System
2.1 B-Professionals shall make an offer to book a B-Model through the Booking System. To this end, B-Professionals must determine in their offer the specific job required and the fees that they consider adequate for this job by submitting a specific form to a concrete B-Model through MODELMANAGEMENT.COM. This form is available on the Website.
2.2 If the B-Model and the B-Professional reach an agreement for the specific terms and conditions for the job, including the fees, the B-Professional is obliged to pay through MODELMANAGEMENT.COM:
- The Fee agreed between the B-Professional and the B-Model;
- Plus a 10% of the Fee, corresponding to a commission for MODELMANAGEMENT.COM;
- Plus the legal VAT, according to the Law of Cyprus, on the commission, if applicable. Value Added Taxes are charged to EU residents unless the Professional provides to MODELMANAGEMENT.COM a valid VAT number.
Herein after the “Total Price”.
2.3 The commission earned by MODELMANAGEMENT.COM is for:
- creating, hosting, maintaining, and providing its Website;
- the delivered services that MODELMANAGEMENT.COM makes accessible through its Website;
- and to cover expenses and fees that MODELMANAGEMENT.COM incurs to banks, credit card companies, PayPal and payment processors.
3. Method and conditions of payment
3.1 The currency of the Agreed Fee is agreed between the B-Professional and the B-Model, limited to USD, EUR or GBP. The Total Price is charged in the same currency.
3.2 The payment of the Total Price by the B-Professional must be made by PayPal or credit card through the mechanisms available on the Booking System of MODELMANAGEMENT.COM. No additional fees are charged to B-Professionals by MODELMANAGEMENT.COM for the use of payment processors.
3.3 MODELMANAGEMENT.COM takes and holds the money paid through the Booking System and only releases it 48 hours after the agreed end date between the B-Professional and the B-Model for completing the job, herein after the “Agreed Date”.
Of the Total Price paid by the B-Professional, MODELMANAGEMENT.COM deducts the commission, which covers the expenses and fees that MODELMANAGEMENT.COM incurs to banks, credit card companies, PayPal and payment processors, and the corresponding legal VAT on the commission, if applicable, and transfers the remaining amount to the B-Model no later than 48 hours after the Agreed Date.
- If MODELMANAGEMENT.COM is informed by the B-Model or by the B-Professional of a dispute between them regarding the job completion or if there are technical problems, MODELMANAGEMENT.COM will release the Total Price after the dispute or the technical problems are solved. If the disputes, between the B-Model and the B-Professional, or the technical problems are not solved within 1 month after the Agreed Date, MODELMANAGEMENT.COM will charge the Total Price 1 month after the Agreed Date and transfer to the B-Model the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 48 hours after. The disputes between the B-Model and the B-Professional will have to be solved judicially and extra-judicially with no intervention of MODELMANAGEMENT.COM.
3.5 MODELMANAGEMENT.COM may not release the money if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed and the B-Professional will have to pay the owed amount to MODELMANAGEMENT.COM. 3.6 B-Professionals agree not to make any chargebacks or reverse any payment made by them to MODELMANAGEMENT.COM.
B-Professionals acknowledge and agree that MODELMANAGEMENT.COM will be entitled to recover any chargebacks or reversed payment that may be imposed on funds paid to MODELMANAGEMENT.COM through the Website.
4. Cancellations and refunds
4.1 B-Models may cancel the booking at any time within the booking date and the Agreed Date. If the B-Model cancels the booking, the Total Price paid by the B-Professional to MODELMANAGEMENT.COM is refunded to the B-Professional no later than 14 days after the notification of the cancellation to MODELMANAGEMENT.COM. If the B-Model cancels the booking it is the responsibility of the B-Professional to notify the cancellation to MODELMANAGEMENT.COM no later than 24 hours after the Agreed Date.
4.2 B-Professionals may cancel the booking before the B-Model delivers to him/her any of the services agreed between them and no later than 7 days before the start date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them (herein after the “Start Date”).
If the B-Professional cancels the booking before the B-Model delivers to him/her any of the services agreed between them and at least 7 days before the Start Date: MODELMANAGEMENT.COM charges the commission of the Clause 2.2 (Section C) and the corresponding legal VAT on the commission, if applicable, and refunds the rest of the Total Price to the B-Professional no later than 14 days after the notification of the cancellation to MODELMANAGEMENT.COM;
- If the B-Professional cancels the booking less than 7 days before the Start Date or later or once the B-Model has delivered to him/her any of the services agreed between them, the Total Price is charged by MODELMANAGEMENT.COM. MODELMANAGEMENT.COM will then follow the procedure stated in Clause 3.4.1 (Section C).
5. Intervention of MODELMANAGEMENT.COM in the transaction
5.1 If the B-Professional effectively books a Model through the Booking System, the persons intervening in this process are the Professional, the Model and MODELMANAGEMENT.COM.
5.2 The intervention of MODELMANAGEMENT.COM in the transaction is only for the following purposes:
To provide, host and maintain a list of Models on the Website in order to enable the B-Professionals to select Models for the services that they may require;
- To supervise that the B-Professional correctly pays the Total Price;
5.3. MODELMANAGEMENT.COM is only an intermediary. The agreement is reached by the B-Model and the B-Professional without any recommendation of MODELMANAGEMENT.COM. MODELMANAGEMENT.COM does not take any decision on the suitability of a B-Model for a certain job. The only persons responsible of the decision and of the adequacy of the services of a B-Model for a concrete job are the B-Professional and the B-Model.
If any worker of MODELMANAGEMENT.COM makes any remark regarding the work of a Model or its suitability for a job in any means of communication, including MODELMANAGEMENT.COM website, these will be considered as simple personal opinions, for which MODELMANAGEMNT.COM and/or its workers will not be held responsible.
MODELMANAGEMENT.COM is not responsible for the job carried out by the B-Model. B-Professionals and B-Models agree and acknowledge that MODELMANAGEMENT.COM is not responsible of any issue arising between them regarding the completion of the specific job. The responsibilities of the B-Professional and the B-Model, other than the ones specified in these GTCs, are set out in the concrete agreement reached by them.
5.4 B-Models and B-Professional agree and acknowledge that the relationship between them is that of independent contractors.
5.5 B-Agents and B-Models agree and acknowledge that MODELMANAGEMENT.COM is not responsible for:
any expenses, including travelling and food expenses, incurred by the B-Model or the B-Professional;
the correct completion of the job;
the veracity or accuracy of any document or information given between the B-Model or the B-Professional;
- and the use by the B-Models and/or the B-Professional of the information and documents exchanged between them.
5.6 MODELMANAGEMENT.COM does not offer any form of insurance since the Website only provides an online venue for B-Professionals to make and offer and buy services of B-Models.
5.7 Depending on the applicable jurisdiction, B-Models and B-Professionals may have rights that cannot lawfully be excluded. Nothing in these GTCs is intended to override such rights.
6. Complaints and Disputes
6.1 B-Professionals can raise any complaints that they may have regarding the completion of the job by the B-Model to MODELMANAGEMENT.COM up until 24 hours after the Agreed Date.
If MODELMANAGEMENT.COM receives the complaint within the abovementioned period, the Total Price paid by the B-Professional is held by MODELMANAGEMENT.COM and is not released until the issue is solved. If the issue is not solved in 1 month from the notification of the complaint to MODELMANAGEMENT.COM and no agreement is reached between the B-Model and the B-Professional regarding the complaint, the Total Price is released by MODELMANAGEMENT.COM. MODELMANAGEMENT.COM will then follow the procedure stated in Clause 3.4 (Section C) and any dispute that may arise between the B-Professional and the B-Model shall be solved judicially or extra-judicially by them;
- If MODELMANAGEMENT.COM receives the complaint after the abovementioned period, the Total Price is charged as specified in Clause 3.3 (Section C). MODELMANAGEMENT.COM will then follow the procedure stated in Clause 3.4.1 (Section C) and any dispute that may arise between the B-Professional and the B-Model shall be solved judicially or extra-judicially by them. B-Professionals acknowledge and accept that if the complaint is made after the abovementioned period, the commission of MODELMANAGEMENT.COM will not be refunded in any case.
6.2 When any dispute regarding the agreement reached between the B-Professional and the B-Model through the Booking System arises:
The B-Professional and the B-Model commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including MODELMANAGEMENT.COM.
If the B-Professional and the B-Model reach an agreement within 1 month after the Agreed Date, they commit themselves to inform of the agreement to MODELMANAGEMENT.COM.
- If the B-Professional and the B-Model do not reach an agreement within 1 month, both parties will have to solve their problems judicially or extra-judicially, with no intervention of MODELMANAGEMENT.COM.
6.3 B-Professionals and B-Models agree and acknowledge that MODELMANAGEMENT.COM does not provide legal services or legal advises of any kind.