terms and conditions

General terms and conditions of business

As of March 03, 2023

 

A: General

1. scope

These general terms and conditions, hereinafter "GTC", apply to all services of the Agency, namely the placement of freelance DJs, hereinafter referred to as "entrepreneurs". On the one hand, they regulate the legal relationship between the Agency and the entrepreneur as well as the legal relationship between the entrepreneur and his customer.

Last but not least, the General Terms and Conditions regulate the legal relationship between the Agency and the users of the Internet platform www.the-Agency.de, regardless of whether they are "entrepreneurs" or "customers".

The Agency does not recognize any terms and conditions of entrepreneurs or customers that conflict with or deviate from these GTC, unless the Agency has expressly agreed to their validity in writing.

These General Terms and Conditions also apply if the Agency unreservedly carries out the desired service to the entrepreneur or customer and/or the service to the entrepreneur or customer in the knowledge of conflicting or deviating conditions of the DJ or customer renders without reservation.

1. Subject of the contract

The Agency offers entrepreneurs via the internet platformwww.the-agency.dethe opportunity to present yourself as a DJ and thus present yourself to potential customers. The entrepreneur can also be requested directly by the customer via the Agency's homepage and booked in a legally binding manner.

1. clarification clause

Unless otherwise agreed, the Agency assumes the legal position of a service provider. A contractual relationship is usually between the agency and the customer. The Agency then commissions the entrepreneur under contract to carry out the service requested by the customer.

 

B: Agreement between customer and entrepreneur

1. Subject of the contract

The subject matter of the contract is the possibility for entrepreneurs under contract to be requested either directly by customers via the “Book now” rider for an order and to be booked in a legally binding manner or, if the customer sends a request to The Agency, to have the possibility that we can offer these customers pass it on to the entrepreneur and a legally binding contract is then concluded.

1. conclusion of contract

The conclusion of the contract between the agency and the customer takes place according to the processes and regulations described in this section as follows:

1. The presentation of the services of the entrepreneurs on our homepagewww.the-agency.dedoes not represent a legally binding offer by the entrepreneur to the customer. Only after checking the availability of the entrepreneur for the customer's event date is a legally binding contract in which the customer makes the offer to the agency.

There is also the possibility of concluding a contract if the customer goes through the rider “Booking Inquiry” and after the first conversation we send him the selection of entrepreneurs who fit his event and he then chooses one of these entrepreneurs.

1. As soon as the customer books the entrepreneur, he already enters into a legally binding contract.

Thus, he agrees to the terms and conditions, as well as the supply regulations towards our entrepreneurs.

The booking contract is then sent to the customer again by e-mail, which then contains all the important information again.

 

C: Agreement between customer and entrepreneur

1. Terms of Contract

1. The contract is only concluded between the entrepreneur and the customer in extremely exceptional cases.

2. As a rule, the contract is concluded between the customer and the agency as well as the entrepreneur and the agency.

    2. Supply regulations

1. If the distance to the event location is more than 100 kilometers, a travel fee of 40 cents/km will be charged.

2. If the travel time is more than 2 hours, the customer should provide accommodation for the entrepreneur so that he can return rested the next day.

3. For an event longer than 5 hours, the customer must provide food and drink for the entrepreneur.

D: Prices

The usual market prices can be found in the profiles of the entrepreneurs in the online shop, as well as in our offer packages for B2B customers. It should be noted that all prices on the homepage are net amounts, where the private customer still has to pay the 19% VAT.

 

E: Terms of payment

1. new customers

New customers must pay in advance and have paid up to 14 days before the start of the event.

In this case, payment is made by bank transfer.

3 days before the start of the event, the customer will be reminded again of the payment.

If the customer has not paid 7 days after the event, the first reminder will be sent, after a further 14 days the second reminder with sensitive reminder fees.

1. existing customers

Customers who have already had a successful booking are added to our existing customers and thus also receive a payment term of 14 days after the event.

If this payment term is exceeded, the first reminder will be sent to the customer.

If no payment has been received from the customer 28 days after the successful event, a second reminder will be sent with sensitive reminder fees.   

 

Q: Final regulations

1. Prohibited Content

In the password-protected area of the homepage, publishing or distributing content,

1. which violate the rights of third parties and whose publication or dissemination constitutes a criminal offense or an administrative offence.

2. contain untrue statements of fact or exceed the limit of abusive criticism.

3. which are likely to endanger the public reputation of the operator or third parties are not permitted.

          _cc781905-5cde-3194 -bb3b-136bad5cf58d_ Posts that contain prohibited content or other violations of rights

          Dritter enthalten, werden ohne further queries removed.          _cc781905-5cde-3194- bb3b-136bad5cf58d_

 

1. responsibilities

1. The customer himself is responsible for the content of his data in the request and thus also for what the customer reveals about himself.

2. Customers and entrepreneurs are always friendly and respectful in dealing with each other. 

3. Failure to comply with these regulations can lead to immediate termination for the entrepreneur. If the customer violates these rules, the Agency will no longer process their request and any contract will be terminated with immediate effect.

1. Liability

a. The Agency's liability, for whatever legal reason, is limited to the foreseeable damage that is typical for the contract.

b. This does not apply

1. for the violation of essential contractual obligations, i.e. contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely,

2. for damage to body, life and health,

3. for intentional or grossly negligent breaches of duty by the Agency

4. for liability under the Product Liability Act and

5. for claims from guarantees.

1. Final Provisions

1. The relationships between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany. The provisions of the UN sales law do not apply.

2. Contract language is German

3. Place of jurisdiction for merchants is the registered office of The Agency, Schwelm/NRW