These Terms and Conditions (the Terms) are applicable for every use of the website gigstarter.es (the Website), property of Gigstarter BV with Dutch Chamber of Commerce number 60653612 (Gigstarter). The Dutch VAT number of Gigstarter is NL854001220B01. Gigstarter is physically located at Paleisstraat 107, 1012VM Amsterdam, the Netherlands. The Terms are also applicable to all other services that are offered by Gigstarter.
The Website shows an overview of artists that are for hire. Artists with a profile autonomously control their profile and the bookings that follow from interactions through the Website (the Service).
We are allowed to change the Terms without notice. By using the website you agree that the latest Terms apply. Deviations from these Terms are only valid after the confirmation has been confirmed in writing by Gigstarter.
The Terms apply to everybody who uses the Website.
If requested, we shall send the Terms to you without cost. The Terms are available at www.gigstarter.es/terms.
If part of the Terms are voided or invalid, this doesn't affect the legitimacy or applicability of the remaining Terms. The voided or invalid part of the Terms will be updated by in such a way that the updated, valid, terms are as much in line with the invalid terms are possible.
You may not use the Website in such a way as to violate Dutch law or any other applicable law.
You may not use the Website to distribute:
You may not create an account under anything else than your own name. You may not impersonate someone else.
You may only submit texts, images, videos and audio fragments of which you possess and manage the copyrights. Copyrighted materials of which you do not manage the copyright yourself may only be uploaded if:
You must keep secret any personal information you receive from or about other users. You shall not abuse this information;
You may not approach users with (commercial) purposes other than what the Website is intended for;
You may not copy and/or store information obtained from the Website unless you have been explicitly authorized to do so by Gigstarter and the manager of the copyrights (if applicable);
You may only visit the Website through a web browser. Using automated tools to use the website (e.g. through "spidering", "crawling", or "scraping") is not permitted;
You may not scan or test the website for vulnerabilities. You shall not (attempt to) circumvent safety and authorization procedures of the website;
You shall act in good citizenship towards all others;
If you want to report abuse of the Website, please send a message to email@example.com.
The purpose of the Website is to offer a platform where supply meets demand. Everybody who uses the Website is a User. Users can offer their services, such as delivering a musical performance, provide audio-visual technical support, rent out equipment or locations. Users who offer services through the Website are referred to as Suppliers. Users can autonomously - without interference of the Gigstarter team - place inquiries with Suppliers (Customers). Gigstarter is never responsible for any deals made between Suppliers and Customers through the Website. In case of a conflict between a Supplier and a Customer, Gigstarter is not involved in finding a solution.
If you choose to use the Website or services by Gigstarter, you do so at your sole risk. Gigstarter will do its best to keep the information provided on the website as correct and accurate as possible, but we cannot guarantee that the information provided is always accurate, correct or complete. Information can always be wrong or outdated.
Gigstarter cannot be held liable for any damages or (harmful) consequences that result from the usage (or the unavailability) of (information on) the Website. Any actions that you perform through the Website, or on the basis of information obtained through Gigstarter, are performed on your own account and at your own risk. On the basis of wrong or outdated information, there cannot be an agreement between you and Gigstarter.
Gigstarter does not assume responsibility for data available on the Website, nor does Gigstarter assume responsibility for references on its Website to other sources, including other websites.
Gigstarter does not need to check the contents placed by Users on the Website, but Gigstarter can edit this information. If you have a complaint about content on the website, you shall direct your complaint to firstname.lastname@example.org.
You may not infringe the rights of Gigstarter or the rights of any other person or entity, including their intellectual property, privacy, publicity or contractual rights. Gigstarter reserves all rights concerning the (content of) the website. You can request permission to use specific content of the website for public or private usage by sending an email to email@example.com.
Gigstarter will do its best to keep the Website available.
Gigstarter can not guarantee the correct function of the Website. Gigstarter is never liable for any damages that may result from the unavailability, improper or unsafe function of the Website.
Gigstarter is not liable for any damages caused by the display of incorrect information on its Website.
Users of the Website may create a User Account (the Account).
You can not create more than one (1) Account.
You have to keep the login details associated with your Account confidential. Your password should be kept strictly secret. We may assume that all actions taken on or with your Account are performed by you, or under your supervision.
If you suspect that your Account is misused you must report this as soon as possible by sending an email to firstname.lastname@example.org.
To remove your account, please send an email containing your request to email@example.com. Gigstarter will process your request as soon as possible. Please note that the removal of an Account is irreversible.
The Artist profile is a function that allows performing musicians to offer their services to Customers. The Artist profile presents a bookable musical performance.
The Artist is a musician or group of musicians that offers services through an Artist profile.
An Artist profile may only be managed by an Artist or a representative that has been expressly permitted by the Artist to manage the Artist profile on the Artist's behalf.
A profile is complete when all mandatory fields are entered. Complete profiles will need to be approved before being published online. Gigstarter aims to complete the approval process within five (5) days after completion.
An Artist profile contains at least:
All information that is placed on an Artist profile should resemble the truth and be as accurate as possible.
An Artist profile may only contain (hyper)links in fields that are intended to contain links.
Gigstarter reserves the right to adjust the Artist profile without notice. This includes taking Artist profiles offline or removing a User's data altogether.
In the login-environment (the Dashboard), the Artist can take the Artist profile offline.
To remove your Artist profile, send an email containing your request to firstname.lastname@example.org. Gigstarter will process your request as soon as possible. Note that removing an Artist profile is irreversible.
Without a Membership you may manage up to three (3) Artist profiles; with a Membership you may manage up to five (5) profiles. To manage more than five (5) profiles, please contact email@example.com.
A Customer can place an Inquiry with an Artist with the purpose of gauging the availability of the Artist to perform at a certain event.
The purpose of the Inquiry is investigate the possibilities to hire the Artist for a specific event.
By placing an Inquiry, a Customer does not commit himself to hire the Artist. A Customer places an Inquiry through the contact form on an Artist profile.
At the time of creating an Inquiry, an Account is created for the Customer. The purpose of this action is to be able to provide information concerning the Inquiry in an overview on the Website.
Both the Customer and the Artist must prevent unnecessary communication delays.
When the Artist is not available to perform at an event for which he has received an Inquiry, he has to notify the Customer of this by using the destined button on the Inquiry page.
When an Inquiry leads to a Booking, the Artist has to send a confirmation via Gigstarter to the Customer, in which all agreements are summarized (the Confirmation).
The purpose of the Confirmation is for the Artist to create an overview of all agreements concerning a planned performance. When the Customer accepts the terms set out in the Confirmation, the Confirmation turns into a Booking.
The Artist must send out a Confirmation when an Inquiry or a Call result in an agreement to perform.
The Artist has the right to send out Confirmations for bookings where the Customer did not initially contact the Artist via Gigstarter.
The Artist has the right to edit the Confirmation at all times. An edited Confirmation has to again be accepted by the Customer before the new terms laid out in the Confirmation apply.
After a performance for which a Confirmation was submitted and accepted, Gigstarter will automatically submit a Review request to the Customer.
The Customer can place a Call for Artists (the Call) with the intent to discover which Artists within a certain style are available to perform. The call is forwarded to multiple Artists who can each indicate their availability and leave an optional message.
The purpose of the Call is the gauge the availability of multiple artists within a certain style, with the intent to book one or more of the available Artists.
Placing a Call with Gigstarter does not come with any obligation to book an Artist, and is free of charge.
Gigstarter selects Artists who can respond to the Call. The selection of Artists is based on the desired style, available budget and location of the event, among other variables.
Artists who receive a Call should indicate their availability without unnecessary delay. Only Members of Gigstarter can respond to a Call. Non-members should 1) become Member, or 2) indicate that they're not available to perform.
The availability of an Artist is non-binding and can be changed by the Artist at any time.
The Customer who placer a Call will be notified of Artists who indicate that they're available to perform.
The Customer who placer a Call has the opportunity to converse one or more Artists via the chat-system that Gigstarter offers.
If the Customer who placer a Call has no intention to book an available Artist, the Customer has to notify the Artist as soon as possible. The reason for this is to prevent scenarios where Artists unnecessarily reserve a dates.
If a Call turns into a Booking of an Artist, the Artist must create a Confirmation of this Booking via Gigstarter.
The Customer can write a review (the Review) after an Artist has performed and the Booking was confirmed.
The purpose of the Review is to have an independent party share his or her experiences with a specific Artist, with the intention to inform the general public.
After a confirmed Booking, Gigstarter will automatically send a Review request to the Customer.
As an Artist you have no control over the contents of the Review. If you as an Artist want to report slander or defamation with respect to a Review, please send an email to firstname.lastname@example.org.
Reviews are only permitted when a Booking has verifiably taken place.
The User with a Membership is called a Member or PRO artist (the Member).
A User with a Membership has access to functions of the Service that are not available to other Users (the Membership).
Membership of Gigstarter is entirely optional.
When becoming a Member, the User enters a payment obligation with Gigstarter.
A User enters the Membership online. The Membership will be confirmed by email.
Gigstarter has the right to reject the request for Membership.
The initial Membership period has a duration of a quarter of a year or a full year.
When entering a Membership the User authorizes Gigstarter to charge the payment account used to pay the initial Membership period.
The Membership will automatically be renewed for three (3) months at the expiry of a running Membership. Renewal may happen without prior notification.
The Membership renewal fee will be charged from the Member's payment account.
Cancellation of a Membership is done via the Website, or by sending an email with the request to email@example.com. To prevent Gigstarter from renewing the Membership, the request to cancel the Membership should be received by Gigstarter at least two weeks prior to the expiration date of the running Membership.
Gigstarter reserves the right to terminate the Membership if the Member cannot meet its obligation to pay; if the Member charges back the payment; if the Member doesn't comply with the Article 2 (Rules of use of the Website) of the Terms.
In case the Member cannot meet its Membership obligations, all judicial and extrajudicial collection costs are to be paid by the Member. In addition, the Member is due default interest on the outstanding balance. The default interest level is equal to the statutory interest level.
Every rise of Membership fees by Gigstarter will be communicated to the Members at least one month prior to when the new fees apply. Communication will take place via the Website and/or email, and only applies to new Memberships and Membership renewals.
Gigstarter may provide Users the opportunity to test out the Membership by entering a trial. The trial is free of charge and the Membership will not be renewed after the trial expires.
If Gigstarter finds that you break the law or our Terms, we can (partially) exclude you from using our Service. We have the to deny access to the Service at all times.
We may exclude you from the Service by:
Removing your account;
Blocking you from parts of our Service.
We are obligated to keep your confidential information secret. By 'confidential information' we mean information for which you have expressly indicated that it is of confidential nature, or from which confidentially flows naturally from the nature of the information. Your personal details, as meant in the Dutch Data Protection Act, will only be shared if it is necessary to provide the Service. Also read our Privacy Statement.
Gigstarter is not required to assist any party in case of a conflict between a Customer and a Supplier. We nevertheless tends have the intention to assist in resolving the conflict.
These Terms and your use of the Services will be interpreted in accordance with the laws of The Netherlands. Any dispute between you and Gigstarter will be settled by binding arbitration from the District Court of Amsterdam.