Terms and Conditions for the use of the platform
Valid from 12.05.2019
General Terms and Conditions for the Use of the voicfy.com Platform
§ 1 SCOPE OF APPLICATION, SUBJECT MATTER OF THE CONTRACT
These General Terms and Conditions apply to the use of the website voicfy.com (“Platform”) provided by VOICFY , Linienstraße 145, 10115 Berlin (hereinafter referred to as “VOICFY”) to search for entrepreneurs for voice recordings (hereinafter referred to as “VOICE ARTIST”) and to the placing of orders for such services (“Service”) by the Customer (“CUSTOMER”) and the use of the brokerage services of VOICFY. Deviations require the express consent of VOICFY.
The contract for the service is concluded with the VOICE ARTIST booked by the CUSTOMER. VOICFY is not the contractual partner of the CUSTOMER for the service, but mediates orders of the CUSTOMER.
§ 2 USE
1. VOICFY shall provide the CUSTOMER with a platform for the search and assignment of a VOICE ARTIST. It requires the prior registration of the CUSTOMER. With the registration at the first booking of a VOICE ARTIST the contract of use comes into effect.
2 The CUSTOMER is obliged to provide truthful and complete information during registration, in particular regarding his identity, address, telephone number and e-mail address as well as bank details or credit card. He must inform VOICFY immediately of any changes during the term of the user contract by making the changes in his user account.
§ 3 ORDERS
1) The CUSTOMER makes inquiries for services (“booking inquiry” or “offer”) via the platform online, via the VOICFY app, by telephone or by e-mail, stating place, time and scope of services. Registration on the platform must take place before the first booking request. VOICFY confirms the registration to the CUSTOMER by e-mail, providing the access data for a personal user account.
2. the booking requests are a binding offer of the CUSTOMER to the VOICE ARTIST determined by VOICFY or selected by the CUSTOMER in the request to provide the selected service.
3. VOICFY accepts the offer of the CUSTOMER on behalf of VOICE ARTIST after having identified a VOICE ARTIST that is willing to perform the requested services. VOICFY shall notify the CUSTOMER by e-mail and confirm the booking request. With the notification, the service contract between CUSTOMER and VOICE ARTIST is concluded.
4. the content of the contract shall be governed by the booking request, the applicable contract law and any other agreements between the CUSTOMER and VOICE ARTIST. VOICFY does not provide employees for the provision of services.
5. the prices listed at the time of booking shall apply at the time of use. In addition to the price for the service provided by VOICE ARTIST, VOICFY charges fees for the use of the platform and related services. These services include, but are not limited to, customer support, payment processing, booking administration and other costs incurred for the operation of the platform.
All payments by CUSTOMERS to VOICE ARTIST for the remuneration of the Service shall be made through a licensed payment service provider (“Payment Service Provider”) on the basis of a separate payment service contract between the Payment Service Provider and VOICE ARTIST. VOICFY mediates this payment service contract, but is not itself involved in the payment processing and is not itself a party to the payment service contract.
§ 4 OBLIGATIONS OF VOICFY
VOICFY operates the platform, accepts booking requests via the VOICFY app, by telephone or e-mail and forwards the acceptance of a booking request to the CUSTOMER. VOICE ARTISTs may accept booking requests. However, VOICFY is not obliged to accept a booking request.
2. VOICFY endeavors to avoid impairments to the use of the platform, such as disconnections and impairments to the use of the services, as far as this is technically possible. VOICFY is entitled to temporarily restrict the use of the platform for maintenance and further development.
3. VOICFY maintains a user account for the CUSTOMER and provides him with personal access data for this purpose. The access data may not be passed on to third parties. The contract conclusions brokered by VOICFY are listed on the user account and invoices are kept for inspection.
4. VOICFY transmits booking requests of the CUSTOMER to several selected VOICE ARTISTs, if the CUSTOMER has selected one of these VOICE ARTISTs as the preferred service provider (also in such a case it is the sole decision of VOICE ARTIST whether it accepts the offer). VOICFY shall not be liable for the execution and performance of the Service Agreements by VOICE ARTIST.
5. VOICFY will process rebooking and cancellation of CUSTOMERS. If a CUSTOMER wishes to change or cancel a service appointment, VOICFY shall immediately notify VOICE ARTIST.
§ 5 VALUATIONS
1 The CUSTOMER will receive an e-mail from VOICFY after the booked service has been provided asking for an evaluation of the service. He has the possibility to evaluate the VOICE ARTIST after the performance of the booked service by awarding stars (“evaluations”). In addition to the service, other personal characteristics can also be evaluated and entered in a comment field for other messages.
2. evaluations must be based on verifiable facts. They must be written objectively in accordance with the principle of fairness and must not have any offensive, abusive, criminal or otherwise illegal content (e.g. violate industrial property rights of third parties). Ratings that violate this will not be published or deleted. Reviews always represent statements of the author (CUSTOMER) and not statements of VOICFY. VOICFY checks reviews regularly. VOICFY investigates justified complaints about ratings and – if necessary – remedies them.
3 The CUSTOMER grants VOICFY free of charge the spatial and temporal unlimited rights of use to its evaluation text by sending the evaluation. VOICFY is entitled to freely dispose of the evaluation and in particular to process and use it for further evaluation services, if necessary to pass it on to third parties and to publish it.
4. unjustified multiple evaluations, self-evaluations or other forms of attempts to distort the evaluation system are prohibited.
§ 6 CANCELLATIONS, REPOSTINGS
CUSTOMERS may cancel and rebook confirmed booking requests under the conditions set out in Clause 2.
Cancellation or rebooking can only take place if VOICE ARTIST agrees and the service has not yet started.
§ 7 LIABILITY
VOICFY shall not be liable for the execution of the service contract by VOICE ARTIST and for any damages incurred by the CUSTOMER in the course of the services.
2. VOICFY is otherwise liable for any breach of contractual and non-contractual obligations by VOICFY in accordance with the statutory provisions. VOICFY is liable for damages – for whatever legal reason – in case of intent and gross negligence. In the event of less than gross negligence, VOICFY shall only be liable (1) for damages resulting from injury to life, limb or health and (2) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfilment of which is essential for the proper execution of the contract of use and on the observance of which the CUSTOMER regularly relies and may rely (main contractual obligation). 3. voicfy.com’s pages also contain links to websites that are maintained by third parties and whose contents may not be known to VOICFY. Links to third-party websites are provided solely for the purpose of facilitating navigation. VOICFY assumes no responsibility for the content of external websites.
§ 8 TERM, TERMINATION OF THE CONTRACT
The contract of use begins after registration of the CUSTOMER and activation of the platform use by VOICFY and is concluded for an indefinite period of time.
2. it can be terminated by both parties at any time. The cancellation can be made in text form (e-mail to [email protected] is sufficient).
§ 9 NOTE ON DATA PROTECTION
1. VOICFY collects, processes and uses data of the CUSTOMER and the VOICE ARTIST according to the data protection regulations (“Data Protection Declaration”), which are published and freely accessible on the platform.
2. VOICFY shall provide the CUSTOMER with the CUSTOMER’s data, including information on services booked by the CUSTOMER, for inspection in the CUSTOMER profile during the term of the user contract and shall offer the CUSTOMER the possibility to change the data. For this purpose, the CUSTOMER and VOICE ARTIST must log on to the platform with their email address and password. The CUSTOMER and VOICE ARTIST hereby declare that they agree to the forwarding of their contact data to the respective other party for the short-term coordination of agreed orders.
§ 10 FINAL PROVISIONS
The CUSTOMER and VOICE ARTIST agree that VOICFY may contact them by e-mail, telephone or mail during the use of the Platform (active account) and for up to 24 months after deactivation of the account to improve and expand the Platform’s offerings in order to obtain information about satisfaction with the Platform’s offerings and to inform them of additions, enhancements, news and cooperation offers.
VOICFY reserves the right to change these General Terms and Conditions at any time. The changed conditions will be sent to the customer by e-mail at the latest four weeks before the entry into force together with the notice that there is a possibility of objection. If the CUSTOMER does not object to the validity of the new terms and conditions within four weeks of receipt of the e-mail, the changes to the terms and conditions shall be deemed to have been agreed.