TERMS AND CONDITIONS

Please read on the rules and restrictions that govern your use of our website (www.sulpont.com), booking, services, and requests (the “Service”). These Terms and Conditions (the “Terms”) are a binding contract between you and Sul Pont, a company to be incorporated (“Sul Pont,” “we”, “our” and “us”). By using this website or engaging Sul Pont in the provision of the Service in any way, you are confirming that you have read and understood the Terms, our Privacy and Cookie Policy, and accept all of them.

The Terms will remain in effect at all times while you use the Service or any Data obtained through the Service. These Terms govern your access to the Service and use of all Data and other information on Sul Pont’s websites, requests, and other properties and include the provisions in this document.

For the purposes of this document, Sul Pont might be referred to as “an agent”. The term “creative freelancer” may consist of performers, DJs, band members, duos, solo artists, photographers, videographers, dancers, event hosts, and other creative freelancers. The term “client” refers to the person or entity that has booked or would like to book the performance, work, or use the Service in another way than a creative freelancer or an agent.

Sul Pont acts as an agent between you and other users. In order to book a performance or work from a creative freelancer, you and another user shall enter into a separate contract (“Booking Contract”). Any responsibility for the fulfillment of such a Booking Contract is between you and another user only. Sul Pont accepts no liability for non-fulfillment or breach of the Booking Contract save any breach of our responsibilities.

Any booking whether confirmed verbally, electronically, or in writing will be a legally binding contract subject to the following non-negotiable Terms. This document may be used in conjunction with a contract and/or rider, if any.

Your Obligations

1. As part of using the Service, you may be required to sign up for an account and select a password and email or username. You may not select as your username a name that you do not have the right to use or another person’s name.
2. You are responsible for any activity associated with your account. You will only use the Service and Data in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by laws, you are not authorized and must not use the Service. Sul Pont is not responsible for your use of the Service, including, but not limited to, in any way that breaks the law.
3. You represent and warrant that you are of legal age to form a binding contract, or you have received your parent’s or guardian’s permission to use the Service. In the event you are acting on behalf of an entity or another person(s), you also represent and warrant that you are authorized to agree to the Terms on their behalf and bind them to the Terms.
4. You represent and warrant that you will not contribute or submit any materials or otherwise use the Service or interact with the Service in a manner that:
5. infringes or violate the intellectual property or any other rights of anyone else;
6. are pledged or under any claim of third parties, or alike legal actions;
7. violates any law or regulation, including, but not limited to, data privacy laws, labor and employment related laws, or would cause Sul Pont to be in violation of any law or regulation;
8. is harmful, offensive, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
9. runs any form of auto-responder or “spam” on the Service, or otherwise interfere with the proper working of the Service;
10. copies or stores any portion of the Data in unauthorized manner.
11. In the event your usage of the Service (including, but not limited to, posting, sharing, storage of your data) requires provision, interaction and any other actions with your data, materials and other intellectual property, you grant Sul Pont all licenses and all rights necessary to provide the Service to you, including without limitation a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to publish, display, aggregate, distribute, reproduce, extract, modify, translate your data, materials and other intellectual property for business purposes.
12. You shall not enter into a Booking Contract except through the Service. You also will not book or get booked for any performances directly with any person or venue associated with the user you have entered into a Booking Contract with. You agree that any opportunity, directly or indirectly arising from a performance booked through Sul Pont, should be negotiated through Sul Pont. If any potential client approaches a creative freelancer for a Booking Contract the only contact details they shall pass on are those of Sul Pont. All future bookings shall be negotiated through Sul Pont.
13. In the event of breach of Clause 6 of Section Your Obligations, each party of a Booking Contract shall cover Sul Pont’s damage in the amount of (I) 1000 EUR (one thousand) or (II) price of the contract they actually entered into, whichever amount is greater, in accordance with corresponding claim sent by Sul Pont.
14. Sul Pont Service is subject to charge (“Service Fee”). The amount of the Service Fee shall be calculated in accordance with the contract value, which varies from one creative freelancer to another. The Service Fee invoice and payment details shall be sent to you by Sul Pont via your contact information, provided at the moment of registration on the website. In the event you fail to pay the Service Fee in accordance with such invoice, Sul Pont reserves the right to terminate the Booking Contract and suspend or terminate your account without any further liability.

Our Responsibilities

1. Sul Pont shall offer help and advice in the search and negotiation process with both parties (you and another user) and act as a “go-between” in the build up to a Booking Contract.
2. Sul Pont shall provide creative freelancers, as requested; however, ultimately, everything within the performance is the responsibility of the creative freelancer. This includes, but is not limited to: arriving at the venue on time, working to a high standard, performing for the agreed length of time, playing agreed music, behaving in a professional manner, etc.
3. In the unlikely event that a creative freelancer does not meet the expectations of a client or cancels the performance, then Sul Pont might endeavour to replace any future performances with a more appropriate act or try to find a suitable replacement as quickly as possible. If no suitable replacement is available, then Sul Pont accepts no liability.

Miscellaneous

1. Updates. We reserve the right to change the Terms at any time. If you don’t agree with the new Terms, you are free to reject them; therefore, that means you will no longer be able to use the Service. If you use the Service in any way after a change to these Terms is effective, that means you agree to all of the changes.
2. Intellectual property. The materials displayed or published or available in any other way through the Service, including, but not limited to, text, graphics, data, articles, information, photos, images, illustrations, video, and audio (the “Data”) are protected by copyright and/or other intellectual property laws. You must abide all copyright notices, trademark rules, information, and restrictions contained in the Data you access in any way. You shall not use, copy, reproduce, adapt, modify, translate, publish, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Data that is not in your legal possession or not legally owned by you in any way that violates someone’s rights. You shall not modify, publish, transfer, sell, reproduce, create derivative works based on, sublicense, distribute, or otherwise exploit the Service and Data in part or in whole. Sul Pont reserves the right to delete or disable Data alleged to be infringing and to terminate the infringing account.
3. Confidentiality. If during the Service you receive any confidential information that is marked as such or that you will become aware of in the course of and/or in connection with the Service (“Confidential Information”), you shall not disclose, release, grant access to, publish or otherwise communicate, whether directly or indirectly, such Confidential Information to any third party or entity, with exception of government audit authorities, Sul Pont and its affiliates, without written consent of the person that provided such information. Notwithstanding the foregoing, provisions of this Clause shall apply insofar as otherwise stipulated by a Booking Contract.
4. Data Usage. Any information or Data posted or transmitted through the Service is the sole responsibility of the person or entity from whom such information or Data originated. You access all such information and Data at your own risk, and Sul Pont is not liable for any faults in that information or Data, or for any damages or loss you might suffer in connection with it. Sul Pont does not control and has no duty to take any action regarding how you may use the information or Data, or what actions you may take as a result of having been exposed to the information or Data, and you hereby release Sul Pont from all liability for you having acquired or not acquired information or Data through the Service. Sul Pont does not guarantee the identity of any users with whom you interact when using the Service and is not responsible for which users gain access to the Service. Information or Data that constitutes personally identifiable information may be subject to privacy laws or regulations, and your use of all such information and Data must at all times comply with the laws. You are solely responsible for understanding how privacy laws and regulations may impact your use of such information and Data and for ensuring that your use (including retention, storage, and all other forms of processing) complies with all such laws and regulations. The Service may contain content, data, links or connections to or from third-party resources, websites and services that are not owned or controlled by Sul Pont (“Third-Party Data”). When you access or use Third-Party Data, you accept that there are risks in doing so, and that Sul Pont is not responsible for such risks. Sul Pont has no control over, and assumes no responsibility for, the information, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Data or by any third-party that you interact with through the Service. In addition, Sul Pont shall not and cannot monitor, verify, censor or edit the information of any Third-Party Data. By using the Service, you release and hold Sul Pont harmless from any and all liability arising from your access to or use of any Third-Party Data. Your interactions with entities and/or individuals found on or through the Service, including payment and delivery of services or goods (if any), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. You agree that Sul Pont shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users on this site, or between users and any third-party, you agree that Sul Pont is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Sul Pont, its affiliates, and its and their directors, officers, agents, employees, partners, and successors from all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service.
5. Warranty Disclaimer. Neither Sul Pont nor its licensors or suppliers makes any representations or warranties concerning the Service or any Data contained in or accessed through the Service, and Sul Pont will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of any materials (including Data) contained in or accessed through the Service. Sul Pont, its licensors and suppliers make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Services and products purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from Sul Pont or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third-party for a specific service). THE SERVICE AND DATA ARE PROVIDED BY SUL PONT AND ITS SUPPLIERS ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT.
6. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SUL PONT OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) £100 (ONE HUNDRED) OR (II) THE AMOUNTS PAID BY YOU TO SUL PONT IN CONNECTION WITH THE SERVICE IN THE SIX (6) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
7. Indemnity. You agree to indemnify and hold Sul Pont, its affiliates, and its and their directors, officers, agents, employees, partners, and successors harmless from and against any and all claims, liabilities, penalties (including governmental fines), damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way relating to (a) your use of the Service (including any actions taken by a third-party using your account), or (b) your violation of these Terms.
8. Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of Germany, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms (whether brought against Sul Pont or against any its director, officer or employee in their personal capacity) shall be finally settled in Germany. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the courts located in Germay. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND SUL PONT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
9. Third-Party Trademarks. All third-party names, logos, product and service names, designs, and slogans (“Third-Party Trademark(s)”) contained in the Service are the property of their respective owners. Third-Party Trademarks are used by Sul Pont to refer to the owners of the Third-Party Trademark(s) in question and use by Sul Pont is not intended to (and does not) constitute or imply any kind of relationship between Sul Pont and the owners of the Third-Party Trademark(s) in question, including any affiliation, sponsorship, endorsement or approval of products and/or services, unless otherwise expressly indicated.
10. Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that Sul Pont may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Sul Pont agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Sul Pont, and that they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
11. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Sul Pont, and you do not have any authority of any kind to bind Sul Pont in any respect whatsoever. You and Sul Pont agree there are no third-party beneficiaries intended under these Terms.
12. The Terms do not require bilateral ratification and are valid in electronic format.

If you have any questions, comments, or concerns regarding these Terms and Conditions or the Service, please contact us at info@sulpont.com.