Book your creative team
Shortlist all the creatives you need before making your final selection.
Chat to creatives
You can email your shortlisted creatives before finalising the job and budget.
Assigned support
Need a helping hand? Each booking is assigned a clear contact for you to chat to if you ever need support.
Terms and conditions
Introduction
Welcome to Contact, a platform that provides agencies and creatives with a fast, simple, and cost-efficient way to manage bookings and payments. Before using our services, please read these terms and conditions carefully.
We want all of our users to have a safe and enjoyable experience while managing, booking, and paying for their work using Contact. To ensure this, we have outlined our terms and conditions in plain language below. If you have any questions or concerns about these terms, please contact our team, and we will be happy to help.
By using our site and platform, you agree to these terms and conditions. If you do not agree to them, please do not use our site or platform.
These terms apply to the use of Contact's Job Management Platform, Marketplace, Bookings Tool, and Payments Tool (collectively referred to as the "Solutions"). These terms form a contract between you, as an individual or entity receiving access to use the Solutions, and Contact Creatives Limited, a company registered in the United Kingdom (company number 11437451) with its registered office at 27 Old Gloucester Street, London, WC1N 3AX ("Contact").
Our Marketplace connects Talents (including photographers, models, hair and makeup artists, influencers, stylists, and artists) with Clients through our online streamlined booking and management tool (referred to as "Contact's Linking System"). Our software platform provides a secure way for Agencies and Talents to facilitate payments (referred to as "Contact's Booking Solution"). Together, Contact's Linking System and Contact's Booking Solution are referred to as the "Solution(s)".
Parties to the Agreement
By agreeing to these Terms, you are entering into a legal agreement between you and Contact. We urge you to read these Terms carefully to make sure you understand them. If you are not eligible to use the Solutions (see: Eligibility) or do not agree to these Terms, you should not use the Solutions.
Contact Creatives Limited is a company registered in England and Wales under company number 11437451, with its registered office at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX. We provide our Solutions through our website at https://contact.xyz.
If you use our Solutions (for example, as an Agency, Casting Agent, or Freelancer), you are subject to these Terms. Talents may be referred to as “You” or “Your” in these Terms.
If you register on our site as a Talent, additional terms and conditions which govern our services to freelancers will apply to you, and these can be viewed in “Talent Terms” on this page. If you are using our site as a client organisation to book talent for your project (“Client”), terms and conditions which govern how you use our services will apply to you and will be found within these Terms and Conditions under “Client Terms”. If you are an Agency for Talent (“Agency”), you will be required to agree to terms relating to the use of our platform which are specific to you under “Agency Terms”. We ask that you make yourself familiar with the entire contents of these Terms as they apply to you and your specific use of the Solutions.
Eligibility
The Service is not for persons under the age of 18 or for any users previously suspended or removed from the Solutions by Contact. By using the Service, you affirm that you are at least 18 years of age. If you are under 16 years of age, you must not use or access the Service at any time or in any manner.
If you are under 18 years of age but over 16 years of age, you acknowledge and agree that you shall provide Contact with a parental or legal guardian’s express and written consent for you to enter into this Agreement and access the Service. Such parental or legal approval shall be submitted and reviewed at Contact’s sole discretion, for registering you on the platform and for each access to the Service. Contact reserves the right to deny the access to the Service to any User under 18 years of age, at its sole discretion, at any time and for any reason. The Service is solely intended for professional purposes.
If you are using the Service on behalf of a company, entity, or organisation (collectively “Organisation”), then you represent and warrant that you (i) are an authorised representative of that Organisation and (ii) have the authority to bind that Organisation to this Agreement;.
Contact reserves the right to accept, review or deny any registration to use the Services, at its sole discretion without any liability whatsoever.
Definitions
The following definitions shall apply to these Terms:
- “Agent” means the agent of the Talent, responsible for the overall management of the Talent.
- “Agreed Fee” means the total sum invoiced by Contact to the Client on behalf of the Talent for the job booked via Contact’s Booking Solution.
- “Client(s)” means users of Contact’s Solutions seeking and booking Talents directly or via their Agent, having registered an account with Contact on Contact’s Site.
- “Commercial Activities ” means any and all professional activities performed by the Talent and offered for booking on the Site to Clients, also referred to as “Job”.
- “Confidential Information” means any information that is confidential in nature, and which is provided to or obtained by the Talent pursuant to or otherwise for the purposes of these Terms, concerning Contact including, any details of its business, affairs, customers, Clients, suppliers, plans or strategy.
- “Data Protection Laws” means the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, the Regulation (EU) 2016/679 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation or “GDPR”) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (the “UK GDPR”) and the Data Protection Act 2018, each as may be amended or replaced from time to time and any legislation that may be adopted in the United Kingdom to replace GDPR and any subsidiary legislation for domestic purposes further to the United Kingdom leaving the European Union. The terms “Controller”, “Data Subject”, “Personal Data”, “Processing” and “Special Category of Data” shall have the same meaning as given to each of them by the Data Protection Laws.
- “Endorsement” means the Talent’s name, nickname, initials, autograph, voice, facsimile signature, assumed name, photographs, images, statements, signifier, likeness, caricature, logo or other identification, motion pictures, pictures or any other endorsement or images whatsoever associated with the Talent and any registered or unregistered trademarks associated therein.
- “Good Industry Practice” means in relation to any undertaking and any circumstances, the exercise of that degree of professionalism, skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator engaged in the same type of undertaking under the same or similar circumstances.
- “Gross Income” means the sum of all the Agreed Fees invoiced by Contact (exclusive of any VAT) on behalf of the Talent, also called Contact’s Fee.
- “Introduction” means the provision of the Services and details of a Talent by Contact to the Client; Introduces, Introducing and Introduced shall be interpreted accordingly.
- “Know Your Business Check” a check conducted by a third-party on behalf of Contact in order to verify your business identity. This often involves verifying information such as the business's physical address, phone number, source of funds, and business registration or licence, and may also include an analysis of business risk based on location.
- “Solution” means the platform and services to be provided by Contact to the Talent as specified in the Introduction.
- “Contact's Fee” means costs incurred by Contact in delivery of the Solution in regards to the Commercial Activity, including Payment and Transaction Fees and Platform Fees.
- “User Content” is the content that Users post, display or make available on its Account and on the platform.
- “VAT” means value added tax chargeable under applicable law for the time being and any similar additional tax.
Contact’s Solutions
Under these Terms, you can use the Solutions to search for Talents, manage Talents and Jobs, book Jobs, and pay for Jobs, but only for those purposes. This is called a “Contact License”. It's a limited right to use the Solutions and is controlled by these Terms. The License is not sold to you and you can only continue using it if you follow these Terms. Contact can end this license at any time, for any reason. Contact still owns all the rights to the Solutions and the Contact Content, unless they give you specific permission.
Creation of an Account
To create an account, you must provide information such as (but not limited to) your name, email, phone, billing address, password and/or social media account information, payment details such as Credit Card, proof of age (as per Eligibility) company number, and your bank details (in order to be paid). In addition, you may be required to provide evidence of your fiscal domicile or residence for tax and compliance purposes.
If you are operating as a business entity, you will be required to complete a Know Your Business check in order to receive access to certain financial instruments provided by the Solution. All Terms and Conditions of these checks and products will be provided to you in a separate document or on request.
Contact cares about the integrity and security of your personal information. We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. Please make sure you review our Privacy Policy and agree to our collection of your information. You shall solely provide necessary, truthful and accurate information when prompted. You shall also make sure that the information you provide is current and kept up-to-date.
You are responsible for maintaining the security of your Account and are fully responsible for all activities that occur through the use of your credentials. When you register for our site you will be asked to create your user credentials and password. You are responsible for all use of our site associated with your user credentials. You agree to keep your user credentials secret. We may disable any user credentials, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you believe or suspect that your user credentials have been compromised, please notify us immediately and update your credentials with a secure password. Contact shall not be liable for any loss or damage arising from unauthorised use of your credentials.
Contact will review your information and profile, in accordance with professional standards and requirements. If required, once Contact has approved your account creation request, you will be able to access the Solutions. Please note that Contact reserves the discretionary right to force the change or forfeiture of any account or username for any reason.
By creating and/or using an Account on the Site, you agree to receiving communications from Contact via e-mail, social media or phone.
Using Contact’s Solutions
Upon Contact granting you an account, you will:
- access the Site as an Agent, Creative, or Client;
- upload your Talent’s Portfolio or Portfolio as a Creative;
- be able to link with Clients, Agents, and/or Talent;
- receive offers from Clients for jobs advertised on the Site (Agents and Talent),
- be booked for those jobs after having accepted the Client’s offer via Contact’s Booking Solution;
- view and manage the Talent, Jobs, and Packages created on the Contact Solution;
- be paid by Contact the Agreed Fee as received from the Client;
- control the distribution of such Agreed Fee as an Agent of your Talent as as per these Terms;
- by creating and/or using an Account on the Site, you agree to receiving communications from Contact via e-mail, social media or phone.
Contact does not warrant that the Solutions will be fit for any particular purpose.
Contact may, at its sole discretion, with or without prior notice, decide to change the Solutions, stop providing the Solutions or any feature of it, or even create usage limits for the Solutions, to you or to every Talent, Agent, or Client generally.
Account Moderation, Deletion, or Suspension
You may delete your account directly in “edit account” at any time, or by emailing us to request a Deletion of your account. Please use the subject “Delete my Account” and allow a 7-day response time to confirm the deletion.
When an Account is deleted or when you remove any of your User Content, the data may be permanently unrecoverable. However, please note that when your User Content is removed from the platform or your Account is deleted, your User Content may still persist for a limited period of time in backup copies and may still be visible where others have shared it. Also, in certain cases we might retain backups of your User Content on our servers (though not publicly visible) even after it has been deleted. We will use reasonable efforts to remove all of your User Content from Contact. When you use the Service, you agree to our Privacy Policy which describes what information we collect and how we use it, process it and store it.
Contact also reserves the right to permanently or temporarily delete or suspend your account at its sole discretion, with or without notice, nor liability to you, for any reason, including if you violate any provision of these Terms or for no reason.
In addition, if some messages sent to you were to be returned as undeliverable, Contact reserves the right to terminate your account, without any liability to you.
When Contact terminates your account, you will lose all rights to access or use the Solution.
Contact reserves the right to remove any content on your account that, to Contact’s sole appreciation, violates these Terms, including but not limited to, any inappropriate content, impersonation, unlawful conduct, or harassment, but also if you infringe the rights of any third party (including, but not limited to, trademark rights, copyrights, or the rights of privacy or publicity), violate our Privacy Policy or as required to do so by law.
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be liable to any third party for the content or accuracy of any content posted by you or any other user of our site.
Upon termination of your Account for any or no reason, you shall continue to be bound by this Agreement and in particular, shall remain liable to pay any Agreed Fee that has become due. Necessary billing details and details required to be maintained by Law will not be deleted.
Useful information for all Users (Clients, Talent, Agencies)
When you register on the platform to use our Solutions, you agree, warrant and represent that you are acting solely for professional purposes relating to your personal trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf or acting for and on behalf of your Organisation.
Contact is not a contractor for the services agreed between Talents on the Site, their Agents, and the Clients. Only Users such as Agencies and/or Talents shall be responsible for the performance and/or fulfilment of agreements they enter into with each other and the Clients. Contact shall not be liable for any default or breach of such agreements. Similarly, Contact shall not be held liable if Clients or Users are unable to contact Talents over the platform regarding such agreements.
No joint venture, partnership, employment, or agency relationship exists between you and Contact as a result of these Terms or use of the Solutions. You further acknowledge and agree that by submitting User Content to Contact, no confidential, fiduciary, contractually implied or other relationship is created between you and Contact other than pursuant to these Terms.
Contact may provide you communications, either required by law, for marketing or other business-related purposes, via email notice, text message, or private message, as determined by Contact’s sole discretion. Contact reserves the right to determine the form and means of providing notifications to its Users, provided that you may opt out of certain means of notification as described in these Terms Agreement. We invite you to read our Privacy Policy and learn more about your options with regards to our communications practices.
User Content
When you upload, display or make available User Content on the platform, you, as the “Licensor”, hereby grant Contact (and its assignees, designees, successors, licensees, and sub-licensees), and you represent and warrant that you have all rights necessary to grant to Contact, an unrestricted, royalty-free, fully paid-up, sub-licensable, transferable, perpetual, irrevocable, non-exclusive and worldwide licence to use, reproduce, modify, publish, transmit, distribute, syndicate, publicly display, make derivative works of, list information regarding or otherwise use your User Content, in whole or in part and in any form, media or technology, whether existing or further developed and without any further approval or consent or payment required.
This User Content licence is to be used by Contact as necessary to provide the Solution, and for such other limited uses identified in our Privacy Policy. We may post your User Content on Contact and may also include it on other media services, including but not limited to, any social media, newsletters, television programming, print publications (such as magazines for instance) or advertising. It will therefore become publicly accessible and may be linked to or copied from across the public Internet as well as in other media. Hence, please do not submit or display anything on the Site that you would not like to be used in this way and note that we may not be able to prevent further use by third parties without your permission.
Any User agrees for Contact to use its name, brand and other personal details for customer reference, marketing and promotion purposes. As such, the Client agrees that Contact is allowed to publicly disclose and advertise the fact that you are using Contact and the Solution.
This license is not to be used by Contact to sell your User Content to third parties or otherwise profit off of your User Content in any way unrelated to Contact providing and promoting the Solution. It also does not give Contact any rights to own your User Content or limit your ability to use your User Content however you wish outside of the Solution. You will remain responsible for the accuracy, copyright, compliance, legality, decency or any other aspect of your User Content.
You warrant and represent that:
Any moral rights in posted materials have been waived. Furthermore, by uploading, posting or making available any User Content on or through the Site, you waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you either display, post or available on the Site;
Any User Content does not and will not contain anything defamatory, indecent or otherwise unlawful or which infringes the statutory or common law rights (including but not limited to any Intellectual Property Rights) of any third party;
You have obtained and are solely responsible for obtaining all consents, as may be required by law, to post any User Content relating to third parties, including (without limitation) the written consent and release of liability of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the User Content;
Any User Content uploaded does not violate any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on non-consensual recording, or otherwise);
You shall indemnify Contact against all loss, damages and costs (including but not limited to legal costs and expenses) incurred by Contact arising as a result of breach by the Licensor; and
You have explained and received express specific consent of everyone who worked on or features in your User Content, and if they are under eighteen (18) to their parents or guardians, how it may be used, especially for photographs, videos or music.
For as long as you have an account with Contact, you grant Contact an unrestricted, royalty-free, fully paid-up, sub-licensable, transferable, perpetual, irrevocable, non-exclusive and worldwide licence to use, reproduce, modify, publish, transmit, distribute, syndicate, publicly display, make derivative works of, list information regarding or otherwise use your Endorsement, in whole or in part and in any form, media or technology, whether existing or further developed and without any further approval or consent or payment required, in connection with Contact’s Services and Solutions and Contact’s operating of the Site.
Contact’s Intellectual Property
Contact solely owns and reserves the rights in all design rights, databases and compilation and other Intellectual Property Rights (as these terms are defined hereafter) in and to the Site and Solution, in each case whether registered or unregistered, and related goodwill. Excluding any User Content, the content made available on the Site or through the platform by Contact, including without limitation, any text, code, design, logo, trademark, service mark, software, database, photography and interactive features, may be protected by copyright or other Intellectual Property Rights and is owned by Contact or Contact’s third-party licensors (“Contact Content”).
Contact reserves all rights to Contact Content, Contact’s name and Site including any Intellectual Property Rights related to them. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, designs, domains, codes, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, registered or unregistered and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Other products and trademarks, marks, service names located on the Site may be trademarks or service marks owned by third parties; collectively defined with Contact trademarks as the “Trademarks”. Any license or grant of license whatsoever (including but not limited to any grant by way of estoppel or implication) or right to use whatsoever any Trademark displayed on the Site is strictly prohibited. You shall obtain an express and written consent for any individual use of the Trademarks, including any link to or from the Site. You shall not use the Trademarks in any way that might damage any goodwill in the Trademarks. Any goodwill generated from the use of any Contact’s Trademarks shall strictly benefit Contact.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a right or license in or under any Contact Content or Contact’s Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from Contact Content in any way for any public or commercial purpose. Any use of Contact Content for any purpose not expressly permitted by these Terms is strictly prohibited. Contact reserve all rights not expressively granted to you in these Terms.
You may not modify, copy, reproduce, upload, republish, transmit, post or distribute any material or content obtained from the Site in any way without prior express written permission of Contact or the copyright owner of such material or content or as otherwise specified in these Terms or permitted by functionalities of the Site. Hence, you shall not use or display any Contact Content on any other website or in a networked computer environment for any purpose whatsoever.
You must obtain permission for all other uses of materials made available on or through the Site from Contact or the copyright owner in advance and in writing.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable license, freely revocable license to access and use the Solutions solely for the purposes outlined within the Terms. You acknowledge and agree that regardless of terminology used, this Contact License represents a limited license right governed by these Terms and available for distribution, at Contact’s sole discretion. This license is not sold to you and is conditioned to your complete, approved and ongoing compliance with the terms of these Terms. Contact may terminate this license at any time for any reason or no reason. Contact reserves all rights not expressly granted herein in the Services and the Contact Content according to these Terms.
Any use of Contact Content for any purpose not expressly permitted by these Terms is strictly prohibited. Contact reserve all rights not expressly granted to you in these Terms.
We might ask you for your thoughts, opinions, or ideas about the Solutions or Contact Content. This could be about products, technology, features, promotions, or anything else related to the Solutions. If you give us an idea, you agree that it's voluntary, gratuitous and without restriction. Further, Contact is free to use these ideas and we don't owe you any additional financial compensation, money or credit. You further acknowledge that, by acceptance of your submission, Contact does not waive any rights to use similar or related ideas previously known to Contact, or developed by its employees, or obtained from sources other than you.
Confidentiality
Confidentiality is paramount in the nature of the Commercial Activities engaged in by our Clients and Talent. By agreeing to these terms, you promise to:
Keep all confidential information secret. This includes information shared to you by a Client, Agent, or Talent in the course of the Commercial Activity.
Not share any confidential information with anyone else without Contact's permission, except for your agent or professional advisers who need to know the information in order to carry out their work related to these terms.
Only use confidential information for the purpose of fulfilling your obligations and enjoying your rights under these terms, and not for any other purpose or benefit.
These promises don't apply if:
- You're required to disclose the information by law or a regulatory body.
- You already knew the information before agreeing to these terms.
- You received the information from a third party who was allowed to have it and didn't break any promises to Contact.
- The information is already publicly available and not a result of someone breaking a promise to Contact.
You can't announce or share anything about the Commercial Activities or Jobs covered by these terms or any related matters without Contact's written permission, or with that of the Client and/or Agency.
Talent Terms
As Talent, Contact offers you the right to use the Contact Marketplace Solutions to share your Availability to Work, Experience, or other Creative Service with our vibrant community of Clients, and get paid doing it. If you aren’t managed by an Agency, on approval of your profile, Contact provides you with an easy platform to create your Profile. You are in control of how you price your services, manage your availability, and receive your payments.
Contact is not your Employer
As a condition of these Terms, it is agreed that Contact is not and may in no circumstances whatsoever, be considered as your Agent or employer.
Your relationship with Contact is that of independent contractors and nothing in these Terms shall render you an employee, worker, agent or partner of Contact and you shall not hold yourself out as an employee, worker, agent or partner of Contact.
You represent and warrant that you are duly entitled to lawfully work and carry out Commercial Activities, and that they have obtained all necessary work permits, consents and licenses to undertake Commercial Activities.
You understand that it is your duty and responsibility to register with HM Revenue & Customs for VAT if your annual income exceeds the minimum annual turnover registration threshold. In the event of registration, you shall supply your VAT number to Contact so VAT may be added to the invoices issued by Contact on your behalf.
Where the Talent is non-EU and/or non-resident, and does not pay taxes in the United Kingdom, the Talent is aware of the Foreign Entertainers Tax which is applied to any invoices or transactions of work that the Talent might undertake in the United Kingdom.
Unless agreed with a Client otherwise, you are responsible for your own expenses on bookings, such as travel, lodging, entertainment, wardrobe or make up, as the case may be.
Know your legal obligations
When you accept a Service request for Commercial Activities, or receive a booking confirmation through the Contact Platform, you are entering into a contract directly with the Client, and are responsible for delivering the Commercial Activities under the Terms and at the price specified in your Profile and agreed.
For the avoidance of doubt, Talent acknowledge and agree that any clients that have been introduced to them by Contact must not under any circumstances be worked with outside of the Contact platform. Contact's Fee is due to Contact even if the booking of the Talent to whom an Offer was made, does not occur via the booking process of the platform for any reason whatsoever.
You agree to:
- immediately advise Contact of all matters concerning your endeavours that can reasonably be expected to impact on the Solution and/or any other Commercial Activities;
- authorise Contact to display, publish, use and distribute your Endorsement to Clients on the Site in the way that seems fit to Contact. In this regard, you represent and warrant that your Endorsement does not and will not contain anything defamatory, indecent, offensive or otherwise unlawful or which infringes the statutory or common law rights (including but not limited to any intellectual property rights) of any third party. You agree to indemnify Contact against all losses, damages and costs (including but not limited to legal costs and expenses) incurred by Contact arising as a result of your breach of this provision;
- keep Contact updated with your current contact details (including without limitation mobile phone number and address) and bank account details;
- keep your account and personalised space on the Site up-to-date at all time;
- inform Contact of your availability accurately and in a timely manner when requested by a Client;
- inform Contact of any extended dates on which you shall not be available for work or of any particular Clients for whom you do not wish to work for;
- carry out all your obligations in a prudent and professional manner and strictly in accordance with Good Industry Practice;
- do nothing which would have a negative impact on the reputation or business of Contact or any Client.
You acknowledge and agree that Contact does not guarantee, and is not responsible for, the payment of the Agreed Fee in relation to any bookings agreed on the Site.
You shall agree directly with Clients any cancellation and rescheduling policies whilst negotiating the terms of the booking. If you cancel on a Client without a valid reason or within the time-frame listed in our Cancellation Terms and Extenuating Circumstances Policy, we may impose a cancellation fee and other consequences such as a temporary ban or permanent removal from the Solution.
Cancellation due to Extenuating circumstances is not Contact’s responsibility. You agree to be held liable for all costs and expenses (including legal costs) incurred by Contact, as the case may be, in respect of any booking that you cancel and/or do not attend and will indemnify, keep indemnified and hold Contact harmless for any costs or claims arising from such cancellation and/or non-attendance, including any costs, fees or damages charged to Contact by a Client or any third party as a result of (i) your cancellation of and/or failure to attend any Commercial Activity booked on the Site; (ii) your failure to perform any Commercial Activity to the standard expected of a similar professional; and/or (iii) any performance or behaviour which is not in accordance with Good Industry Practice.
Payment
Once a Talent has received an Offer made by a Client on the platform and has confirmed and accepted the terms and conditions within the Offer, then the Talent will be booked for the job subject to the Offer through the platform.
Contact will directly invoice the Client for the Talent’s remuneration for the job they have been booked via the platform and Contact will then pay the Talent accordingly. For the avoidance of doubt, Contact’s sole responsibility is to invoice and/or charge the Client and pay the Talent the remuneration paid and received by the Client and this shall not imply any other obligations from Contact.
You irrevocably grant Contact the power of attorney for the purpose of invoicing and receiving sums payable to you and depositing in to Contact’s bank account all sums payable to you and retaining all sums owed to Contact as the case may be.
You authorise and direct Contact to invoice, process, receive and deposit into Contact’s bank account all Gross Income and any other sums received for the Talent’s Commercial Activities booked on the Site, on your behalf.
You expressly waive the right under regulation 25 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, (i.e. your right to receive the Agreed Fee that Contact receives on your behalf no later than ten (10) days after Contact is paid the relevant Agreed Fee) and agree that Contact will pay you the Agreed Fee within twenty-eight (28) working days following receipt of such Fee from the Client and the job being complete, whichever is later.
Contact will pay all sums due to you into the bank account as notified in writing by you to Contact. You acknowledge and agree that it is your responsibility to make sure Contact has the correct bank details for you and your payment details are verified by Contact’s payments provider.
You shall immediately notify Contact if you receive payment directly from Clients for a Commercial Activity booked on the Site.
Contact does not bear any responsibility nor any risk of no payment of the Agreed Fee by Clients. This is your responsibility to claim for any sums owed to you. Therefore, in the event the Client does not pay the Talent’s remuneration to Contact for any reason whatsoever, it shall be the Talent’s responsibility to claim for payment to the Client directly or via their Agent if they are represented by an Agent on the Contact platform.
To the extent you receive any funds in error, you agree to immediately return such funds to Contact.
Any fees agreed between You and your Agency, should you be represented by one, which are not included in the Agreed Fees or Contact’s Fees, can be subtracted from the Talent’s remuneration by way of a commission slider on the Solution. This amount is in no way managed by Contact and we are not responsible for negotiating or confirming this with the Talent you represent.
Agency Terms
As an Agency representing Talent, Contact offers you the right to use the Contact Marketplace Solutions to share the details of the Talent you represent with our vibrant community of Clients as a Lead Generation tool, as well as use if the Contact Solution as an Operating System for the management and payment of your Talent’s Jobs. On subscribing to Contact, the Solution provides you with an easy platform to create your Talent’s profiles, Packages, and Jobs. You are in control of how you price and negotiate your services, manage your availability, manage your Talent’s time, and receive your payments.
Contact is not your Employer
As a condition of these Terms, it is agreed that Contact is not and may in no circumstances whatsoever, be considered as your Agent or the employer for your Talent. You represent and warrant that the Talent you represent are duly entitled to lawfully work and carry out Commercial Activities, and that they have obtained all necessary work permits, consents and licenses to undertake Commercial Activities.
Unless agreed with a Client otherwise, you are responsible for you and your Talent’s own expenses on bookings, such as travel, lodging, entertainment, wardrobe or make up, as the case may be.
You understand that it is your duty and responsibility to register with HM Revenue & Customs for VAT if your annual income exceeds the minimum annual turnover registration threshold. In the event of registration, you shall supply your VAT number to Contact so VAT may be added to the invoices issued by Contact on your behalf.
As an Agent acting on behalf of the Talent you represent, you are duly aware of all Tax implications of your Talent working cross-border within the UK, EU, or in any other Region where a Job is booked.
Know your legal obligations
When you accept an Offer for Commercial Activities, and receive a booking confirmation through the Contact Platform, you are entering into a contract directly with the Client, and are responsible for delivering the Commercial Activities under the Terms and at the price specified and agreed within the Job and Terms.
For the avoidance of doubt, You acknowledge and agree that any Clients’ Jobs that have been introduced to them by Contact must not under any circumstances be worked with outside of the Contact platform. Contact's Fee is due to Contact even if the booking of the Talent to whom an Offer was made, does not occur via the booking process of the platform for any reason whatsoever.
You agree to:
- immediately advise Contact of all matters concerning your endeavours that can reasonably be expected to impact on the Solution and/or any other Commercial Activities;
- authorise Contact to display, publish, use and distribute your Endorsement to Clients on the Site in the way that seems fit to Contact. In this regard, you represent and warrant that your Endorsement does not and will not contain anything defamatory, indecent, offensive or otherwise unlawful or which infringes the statutory or common law rights (including but not limited to any intellectual property rights) of any third party. You agree to indemnify Contact against all losses, damages and costs (including but not limited to legal costs and expenses) incurred by Contact arising as a result of your breach of this provision;
- keep Contact updated with your current contact details (including without limitation mobile phone number, billing contact, and company address) and bank account details;
- keep you and your represented Talent’s account/s and personalised space on the Site up-to-date at all time;
- inform Contact of your Talent’s availability accurately and in a timely manner when requested by a Client;
- inform Contact of any extended dates on which your Talent shall not be available for work or of any particular Clients for whom you do not wish to work with;
- ensure your Talent carry out all your obligations in a prudent and professional manner and strictly in accordance with Good Industry Practice;
- do nothing which would have a negative impact on the reputation or business of Contact or any Client.
You acknowledge and agree that Contact does not guarantee, and is not responsible for, the payment of the Agreed Fee in relation to any bookings agreed on the Site.
You shall agree directly with Clients any cancellation and rescheduling policies whilst negotiating the terms of the booking, but they shall not be superseded the Terms of this agreement unless agreed to Contact in writing more than 24 hours before the Job is due to begin. If you cancel on a Client without a valid reason or within the time-frame listed in our Cancellation Terms and Extenuating Circumstances Policy, we may impose a cancellation fee and other consequences such as a temporary ban or permanent removal from the Solution.
You our your Talent’s cancellation due to extenuating circumstances is not Contact’s responsibility. You agree to be held liable for all costs and expenses (including legal costs) incurred by Contact, as the case may be, in respect of any booking that you cancel and/or do not attend and will indemnify, keep indemnified and hold Contact harmless for any costs or claims arising from such cancellation and/or non-attendance, including any costs, fees or damages charged to Contact by a Client or any third party as a result of (i) your cancellation of and/or your Talent’s failure to attend any Commercial Activity booked on the Site; (ii) you or your Talent’s failure to perform any Commercial Activity to the standard expected of a similar professional; and/or (iii) any performance or behaviour which is not in accordance with Good Industry Practice by either employees of your Agency or by Talent you represent.
Payment
Your relationship with Contact is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Contact, except that Contact Payments acts as a payment collection agent as described in the Agency Terms. You agree that you have complete discretion whether and when to provide your Talent’s services, and at what price and on what terms to offer them.
Once a Talent has received (either directly or via You as the Agency) an Offer made by a Client on the platform and has confirmed and accepted the terms and conditions within the Offer, then the Talent will be booked for the job subject to the Offer through the platform.
Contact will directly invoice and charge the Client for the Talent’s remuneration for the job they have been booked via the platform and Contact will then pay the Agency accordingly. For the avoidance of doubt, Contact’s sole responsibility is to invoice and/or charge the Client and pay the Agency the remuneration paid and received by the Client and this shall not imply any other obligations from Contact.
You authorise and direct Contact to invoice, process, receive and deposit into Contact’s bank account all Gross Income and any other sums received for the Talent’s Commercial Activities booked on the Site, on your behalf as their Agent.
You expressly waive the right under regulation 25 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, (i.e. your right to receive the Agreed Fee that Contact receives on your behalf no later than ten (10) days after Contact is paid the relevant Agreed Fee) and agree that Contact will pay you the Agreed Fee within twenty-eight (28) working days following receipt of such Fee from the Client and the job being complete, whichever is later.
Contact will pay all sums due to you into the bank account as notified in writing by you to Contact. You acknowledge and agree that it is your responsibility to make sure Contact has the correct bank details for you and your payment details are verified by Contact’s payments provider.
Any fees agreed between You and the Talent you represent, which are not included in the Agreed Fees or Contact’s Fees, can be subtracted from the Talent’s remuneration by way of a commission slider on the Solution. This amount is in no way managed by Contact and we are not responsible for negotiating or confirming this with the Talent you represent.
You shall immediately notify Contact if you receive payment directly from Clients for a Commercial Activity booked on the Site.
Contact does not bear any responsibility nor any risk of no payment of the Agreed Fee by Clients. This is your responsibility to claim for any sums owed to you. Therefore, in the event the Client does not pay the Talent’s remuneration to Contact for any reason whatsoever, it shall be the Talent’s responsibility to claim for payment to the Client directly or via their Agent if they are represented by an Agent on the Contact platform.
To the extent you receive any funds in error, you agree to immediately return such funds to Contact.
Client Terms
Clients may browse photographic portfolios of Talents which are made available on the platform. Clients may also use the filters to find the Talent(s) they might be looking for. In addition, Clients are able to create a shortlist of Talents' profiles. As such, Clients can categorise Talents of interest under specific titles. Talents shall not be notified of such a shortlist, unless the Client eventually decides to convert the shortlist into an offer to a Talent. Clients may also contact Talents and their Agency via the platform, but be given no provision to communicate with the Talent and/or Agency off the Contact platform.
Any communications between the Client and Agency and/or Talent off the Contact platform will be seen as a material breach of these Terms, where the Agreed Fee and any Service Fee remains fully payable to Contact.
If a Client wants to book a Talent for a Job, then the Client may do so following the booking process offered on the platform and further detailed in these Terms.
- Client may submit an offer - specifying the details of the job, the start and end dates and the remuneration - to the Talent(s) they wish to book (“Offer”) following the process further detailed in clause 5.2 below;
- the Talent and/or their Agency will be notified of the receipt of an Offer;
- the Talent and/or their Agency may submit a new Offer or negotiation on the Contact Platform;
- If the Talent and/or their Agency accepts the Offer, the Client may then proceed with booking the Talent using the booking process on the platform;
- all communications regarding the Offer and Commercial Activity must remain on the Contact Solution, or have a member of the Contact team CC’d;
- When you submit an Offer, you are agreeing to pay all charges for your Commercial Activity including the Agreed Fee, applicable fees like Contact’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Agreed Fee”);
- If you are unable to provide company details, you may be asked to provide pre-payment for your Agreed Fee;
- By submitting an Offer, the Client acknowledges and agrees that it will be bound by the terms of its Offer if and when it is accepted by the Talent.
Booking and Cancellation
When making an Offer you warrant that the information and details you submit about each job that you advertise on the Site (a “Job”) are complete, accurate and up-to-date and that you are entitled to disclose all the information contained in the job advert. Contact shall in no event be held responsible for disclosure of any confidential information by you in your job adverts. You agree that Contact may review any Job and has the right to refuse or delete any Job advert (for example, by violating our Acceptable Use Policy), in its sole discretion and for any reason, without liability from you.
If a Client wishes to book a Talent for a Job, it shall provide all the details such as the description of the required services, brand names, remuneration offered to the Talent, location, hours, start and end dates, travel expenses amount or other expenses for the Job (the “Offer”). Contact reserves the right to review, finalise and/or refuse any Job Offer, for any reason and at its sole discretion. The Talent and/or their Agency may then accept or reject the Job Offer at their sole discretion.
Clients may cancel Jobs booked through the platform at their sole discretion. Notwithstanding, in the event the cancellation occurs within 24 hours before the scheduled date of completion of the Job, a cancellation fee amounting to 50% of the Talent’s remuneration, and 100% of Contact’s Fee will be invoiced to you. Further details are included in Job Cancellation Terms.
A Job may be rescheduled if both Clients and Talents agree to it in writing, without any liability for Contact.
Whenever a booking for a Job is completed through the platform, then Contact may solely intervene in the transaction for the purpose of invoicing the Client, processing and receiving payment from the Client and then paying the Talent of the same.
Contact does not participate to any agreement reached between a Talent and a Client. Contact does not take any decision on the suitability of talent for a certain Job. The only persons responsible for the decision and of the adequacy of the services of a Talent for a Job are the Clients and the Talent(s) and/or their Agent.
Therefore, Contact acts solely as an intermediary providing linking and booking services to its Users and Talents and is not in any way deemed to be an agent, agency or a representative of the Talents booked via the platform.
Fee for the use of the Solutions by Clients
In consideration of linking Clients with Talents and offering them an online streamline booking process, Contact charges Clients that have made an Offer to Talents having been Introduced via the platform and which Offer has been accepted by the Talent(s), an introduction and processing fee will be payable by the Client ("Contact's Fee").
Clients acknowledge and agree that any Talent that have been introduced to them by Contact must not be worked with outside of the Contact platform. Contact's Fee is due to Contact even if the booking of the Talent to whom an Offer was made, does not occur via the booking process of the platform for any reason whatsoever.
Upon receipt of Contact’s invoice for the Talent’s remuneration and the Agreed Fee, if the Client has not pre-paid for the Job, Clients shall pay said Fee within 30 days. In case of overdue payment from the Client, Contact may charge the Client interest amounting to 8% above Barclays Bank base rate of the total price (excluding VAT) invoiced plus a £40 debt collecting fee.
Contact will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount.
In the Checkout flow, the client will have the option to select ‘Open Trade Account’, You will then go through a decisioning process which will check your eligibility. This result takes less than 5 seconds and is at the discretion of the Credit Provider. Clients that use the Trade Account option will choose between 30, 60, and 90 day terms for repayment, and they’ll make the repayment directly to the creditor. They’ll receive an invoice once a month in order to reconcile any outstanding balances. Lending will be available to Clients operating as limited companies in the UK, 8 major European countries, and the US.
Contact reserves the right to modify its payment system, increase the Agreed Fee and/or put in place additional fees, at any time and at its sole discretion, subject to giving Clients a reasonable notice of such modification, increase or addition.
Job Cancellation Terms and Extenuating Circumstances Policy
Clients may cancel Jobs booked through the platform at their sole discretion. Notwithstanding, in the event the cancellation occurs within 24 hours before the scheduled date of completion of the Job, a cancellation fee amounting to 50% of the Talent’s remuneration, and 100% of Contact’s Fee will be invoiced to you.
In cases of rescheduling within 24 hours notice, with the Talent and/or Agent’s express written consent, the 50% Talent remuneration can be waived.
If a Talent or Agency cancels their Job less than 48 hours prior to the booking date and time they will be charged Contact’s Fee and any Talent replacement costs. With the express consent of the Client, the Talent or Agency may reschedule the job within the Contact platform to avoid these additional costs.
Extenuating Circumstances:
In the event of extenuating circumstances, such as a natural disaster, serious illness or injury, death in the family, or travel restrictions imposed by government authorities, Users may be eligible to waive cancellation fees.
Users must provide documentation of the extenuating circumstance to Contact within 14 days of the cancellation. Clients may request additional documentation or evidence to verify the extenuating circumstance if they are not satisfied with the evidence given by the Talent or Agent.
Clients may offer alternative dates for the Job, subject to availability and at their sole discretion.
In instances of multiple cancellations due to Extenuating Circumstances, Contact reserves the right to terminate the User’s Account and License.
Please note that this policy may vary depending on the specific circumstances and the discretion of the Client.
Dispute Resolution & Conciliation
In case of a disagreement between Yourself and the Agency and/or Client and/or Talent, you agree to first and as soon as is practicable, and in all instances within 24 hours of the Job starting, notify us at help@contact.xyz in order for us to follow our Dispute Resolution and Investigation Process. The notification should include a description of the dispute and any relevant documentation. On the Job page, You will be shown an option to ‘Report an Issue’ which will only exist for 24 hours after a Job is complete.
In case of a disagreement between you and Contact you agree to first and as soon as is practicable contact us at help@contact.xyz in order to inform us of the matter you would like to try and resolve with us. Both you and Contact agrees to designate a person duly authorised to search for an amicable solution before starting any legal proceedings.
These authorised persons shall meet at the initiative of the most diligent party, within thirty (30) days from receipt of the communication requesting a conciliation meeting. The party taking the initiative of conciliation should set the agenda. Any decisions reached through the conciliation process will have contractual value and will constitute a settlement between the parties on the subject matter of dispute as further detailed in the said settlement agreement.
In the event no amicable settlement agreement is completed between the parties within a period of sixty (60) days following the conciliation meeting, the dispute might be referred to the competent courts.
Termination
If you commit a breach of any of the obligations under these Terms which is not capable of remedy, or where capable of remedy does not remedy such breach within seven (7) days of written notice given to it by Contact specifying such breach and requiring its remedy, then Contact may terminate the Agreement in whole or in part, effective immediately and without penalty by giving a written notice of termination.
Contact may also terminate the Agreement in whole or in part immediately by notice in writing to you if;
- you become insolvent, anyone takes any step towards winding up or dissolving you;
- you are subject to a moratorium under Part A1 of the Insolvency Act 1986;
- you have become subject to a restructuring plan under Part 26A Companies Act 2006;
- you propose or enter any composition or other arrangement for the benefit of your creditors or a class of creditors;
- you stop carrying on business or any event analogous to any of the preceding happens;
- you fail to cooperate with the procedures and policies relating to Contact’s Booking Solution;
- Clients, Talent, or Agencies give unsatisfactory feedback on you, your employees, or the Talent you represent;
- you are convicted of any criminal offence;
- you are unable to pay your debts or admit it is unable to do so (within the meaning of section 123(1)(a), (b) or (e) of the Insolvency Act 1986 (without any need for us to prove it in court));
- the value of your assets are at any time less than the amount of your liabilities;
- you publicly conduct in a manner that offends against decency or morality or causes you to be held in public ridicule, scorn or contempt or you are involved in a public scandal;
- you use, deal in or aid and abet any other person to use or deal in any illegal drug or other substance; or
- you fail to perform your obligations in accordance with Good Industry Practice.
Contact may terminate the Agreement in whole or in part without penalty at any time by giving you a one (1) week’s written notice of termination.
Immediately on termination of the Agreement, any rights and licences whatsoever granted by Contact pursuant to these Terms shall cease and you shall have no further right to use or access the Solutions.
Upon the termination of this Agreement for any reason, you shall:
- remove your Endorsement and any other content that you have put on your Contact’s account and acknowledge and agree that Contact will do so anyway within three (3) days after the termination of the Agreement should you fail to do so yourself;
- immediately refrain from any action that would or may indicate any relationship between Contact and yourself.
Notwithstanding termination of the Agreement, these Terms will remain into force until all obligations between Contact and you are fulfilled and/or pending any disputes.
Contact shall be entitled to the Gross Income as long as necessary to prepare and pay the balance of all accounts confirmed up to the date of termination of the Agreement.
In instances of termination the below clauses survive: General, Payment and Cancellation, Privacy Policy, Confidentiality, Contact’s Intellectual Property, Data, Legal Misc, Indemnity, Limitation of Liability, Dispute Resolution & Conciliation.
Acceptable Use Policy
As a user of our platform, you agree to abide by the following guidelines when creating, posting, or sharing any User Content on our site:
- Content that creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal is strictly prohibited.
- Content that may create a risk of any other loss or damage to any person or property is also prohibited.
- Content that seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise is strictly prohibited.
- Content that constitutes or contributes to a crime or tort is not allowed.
- Content that is deemed to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, obscene, or otherwise objectionable is prohibited.
- Content that contains information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets) is not allowed.
- Content that contains information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships is prohibited.
- Content that introduces any kind of malicious code whatsoever is strictly prohibited.
- Content that contains information or content that you know is not correct and current or violates any school, university, company or other applicable policy, including those related to cheating or ethics is not allowed.
In addition, Contact reserves the right, but is not obligated, to reject and/or remove any portion of or the totality of a User Content that Contact believes is in violation of any of these provisions. You agree to immediately remove any content from your User Content on receiving notice requesting you to do so from us or from any third party (including any court or law enforcement agency) and you must notify us immediately of any such third-party request.
If you encounter any inappropriate content on the Site, please send us an email at help@contact.xyz. Contact will determine, in its sole discretion, whether this content is inappropriate and may or may not remove it from the Site.
By using Contact, you agree to comply with these guidelines and agree to take responsibility for your actions on our site. We reserve the right to take action against any user who violates these guidelines, which may include suspension or termination of your account.
When you access or use the Solutions, you agree not to engage nor to assist or permit any Users in engaging or participating in any of the following prohibited activities:
- interfering or disrupting the Services, networks, or servers connected to the Site or violate the regulations, policies or procedures of those networks or servers;
- interfering with analytic codes and tools that Contact Content may include and that allow us to gather information on use of the platform;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or any activity conducted on the Site;
- copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
- accessing the Site, other Users’ Accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Site in any unauthorised way;
- attempting to interfere with, compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
- deleting or altering any material posted on the Site by Contact or any other User, without Contact express and written consent; framing or linking outside of the Site any of the materials or information available on the Site;
- accessing any content on the Site through any technology or means other than those authorised by the Site;
- bypassing in any way any approved software through which the Site is made available or the measures Contact may use to prevent or restrict access to the Site (such as a limitation to use or copy any Contact Content or User Content for instance);
- copying or using any Intellectual Property Rights belonging to Contact Content or any other content obtained from the Site;
- behaving in a harassing, abusive, harming way or incite to hate, harassment, abuse, or harm of another person or group, including Contact affiliates or employees;
- transmitting spam, chain letters, or other unsolicited email(s);
- impersonating another person or entity or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- providing false or misleading information to other Users or Contact;
- if your Account has previously been deleted or suspended for any reason, create a new Account without Contact’s express written consent;
- collecting or harvesting any personally and/or identifiable information from other Users and/or disclose personal information about a User or third person on the Site or obtained from the Site without the consent of that person, or collect information about Users of the Services;
- using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Contact servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that Contact grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from Contact for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- uploading or making available invalid data, viruses, worms, spyware or other software agents through the Site that may disable, impair or damage the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Site or communications equipment and computers connected to the Site; or
- violating any applicable regulations, state or local laws or terms within these Terms; or refraining, limiting or prohibiting any person or entity from using the Services.
Limitation of Liability
Contact’s liability under this Agreement, whether such liability arises in contract, tort, breach of legal duty (including without limitation negligence) or otherwise, is limited to and shall not in aggregate exceed the total amount of the Gross Income received by Contact over the last six (6) months preceding the event given rise to Contact’s liability, except in the event of death or personal injury caused by Contact’s negligence, fraudulent misrepresentation or any other type of liability which cannot by law be excluded or limited.
This liability cap shall not apply in the event of death or personal injury caused by Contact’s negligence, fraudulent misrepresentation or any other type of liability which cannot by law be excluded or limited.
Contact shall not be liable for:
- loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
- failure by a Client, or Talent to attend a booking for whatever reason,
- damage to your reputation or consequential, special or indirect loss or damage even if Contact has been advised of the possibility of such loss or damage,
- Use of or inability to use the Solutions and any websites that are linked to or from them;
- errors, mistakes or inaccuracies of content made by Clients, Talent, or Agencies;
- property damage of any nature whatsoever resulting from your access to or use of the Solutions;
- bugs, viruses, trojan horses or unauthorised access resulting from hacking, tampering or other, to or use of our secure servers;
- interruption or cessation of transmission to or from the Site or the Solutions;
- errors or omissions in any content or as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Site or the Solutions;
- the defamatory, harassing, offensive or illegal conduct of any other Talent or Clients,
- User Content or the defamatory, harassing, offensive or illegal conduct of any third party.
The Services are controlled and operated from facilities based in the United Kingdom. Contact makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Kingdom and local laws and regulations. You may not use the Services if you are a foreign person or entity blocked or denied by the United Kingdom government.
Indemnity
You acknowledge and agree to indemnify, keep indemnified and hold harmless Contact and its affiliates, shareholders, employees, agents, representatives, officers and directors from any claims of liability for any taxes, PAYE or National Insurance payments relating to your Commercial Activities booked on the Site. In the event Contact is required by statute or otherwise to make any deductions at source in respect of PAYE and National Insurance Contributions, you will indemnify Contact to the extent permitted by law.
You shall not act as an agent for Contact and shall not enter into any agreements or incur any obligations on behalf of Contact and are not authorised to bind Contact in any manner whatsoever.
You agree to indemnify and keep indemnified on demand and hold harmless Contact and any of Contact’s officers, directors, employees, members, partners, consultants, contractors, agents, representatives or professional advisers, from and against all claims, actions, demands, damages, losses, liabilities, obligations, costs and expenses (including but not limited to, legal and accounting fees) arising out of or in connection with:
- your use of, access to or misuse of the Contact Service and/or content and any data or content transmitted or received by you;
- your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
- your violation of any applicable law, rule or regulation; Offers, Jobs or any content that is submitted via your account including without limitation misleading, false, or inaccurate information;
- your wilful misconduct;
- any other party’s access and use of the Service with your unique username, password or other appropriate security code; or
- your failure to perform your obligations strictly in accordance with these Terms.
Contact may, at its option, satisfy and/or pay any amounts due under the above indemnities (in whole or in part) by way of deduction from any payments due to you.
The Solutions provided are on “as is” and “as available” basis. You are using the Solutions at your own risk. To the maximum extent permitted by applicable law, the Solutions are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from Contact or through the Solutions will create any warranty not expressly stated herein.
Data
You acknowledge that you do not own the Account you use to access the Solutions. You agree that Contact has the absolute right to manage, regulate, control, modify and/or eliminate Users’ data (which is not personal data) as Contact deems adequate, in any general or specific case, and that Contact will have no liability to you based on its exercise of such right. Any such data, regardless of any value attributed to it, on Contact’s servers is subject to deletion, alteration or transfer by Contact, at any time and for any reason, with no liability of any kind for Contact.
Your Endorsement may contain Personal Data (“PD”) as well as Special Category of Data (“SCD”) (together PD and SCD shall be referred to as “Data”).
You are the Data Subject and Contact is the Controller for the purpose of Processing your Data. Contact shall Process your Data in accordance with the Data Protection Laws and Contact’s Privacy Policy.
You acknowledge, agree and allow Contact to Process your Data for the purposes of you creating an account on the Site and using Contact’s Services.
You acknowledge and agree that the decision as to what Data you wish to upload and display on your account is solely yours and that there is no requirement whatsoever coming from Contact in this respect.
You shall indemnify, defend and hold Contact harmless against all losses, damages and costs (including but not limited to legal costs and expenses) incurred by Contact arising as a result of your acts or omissions regarding your Data.
Legal Misc.
These Terms and the Agreement together with any amendments and any additional documents you may enter into with Contact in connection with the Solutions, shall constitute the entire agreement between you and Contact concerning the Solutions.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms and any Agreement completed between them, their subject matter or formation (including non-contractual disputes or claims).
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Contact’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver to any term of our Terms must be in writing and signed by an authorised representative of Contact. If we fail to enforce any aspect of this Agreement, it will not be a waiver. We reserve all rights not expressly granted to you.
Contact may, at its sole discretion, modify or update these Terms from time to time, without notifying the Talents of such modifications or updates. It is your responsibility to review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page and we might send a notice to the email address connected to your Contact’s account. Your continued use of the Solution after any such change constitutes your acceptance of the new Terms.
If you do not agree to any of the new Terms, it is your responsibility to let Contact know by sending an email to Contact to this address: help@contact.xyz Please note that such email shall be considered as your notice to terminate this Agreement and therefore, Contact will terminate your account, access to and use of the Solution.
These Terms and any Agreement entered into pursuant to them do not give any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to any third parties.
Contact has no responsibility for any third party’s activity. The Site may contain links to third party materials that are not owned or controlled by Contact. Contact does not endorse or assume any responsibility for and does not make any representations regarding any such third party websites, information, materials, products, or services. If you access a third party website or service from the Site or share some content on or through any third party website or service, you do so at your own risk, and you understand that these Terms and Contact’s Privacy Policy do not apply to your use of such website or service. Thus, you expressly relieve Contact from any and all liability arising from your use of any third party website, service or content, including without limitation User Contents submitted by other Users.
You cannot sub-contract, assign, transfer the whole or any part of the Agreement or any of its rights and licenses granted hereunder or obligations under it without Contact’s prior written consent. Contact may, at its option, sub-contract, assign or transfer the whole or any part of the Agreement to others without restriction and this shall include any change in Contact’s ownership (as in a merger, acquisition or sale of assets or by law or else.