preambleAmong other things, the agency specialises in services for events, trade fairs and other events. Subject of this contract is the fixing of the basic conditions for the fulfilment of orders for the customer by uCastMe GmbH. The ucm.agency website is operated by uCastMe GmbH (hereinafter referred to as "uCastMe"), Heidestr. 46, 10557 Berlin, represented by its managing director Mr. Amin Guellil. These GTC can be called up, printed out and/or stored locally at any time under GTC.
§1 DefinitionsCompanies and persons who wish to use the services of persons employed by uCastMe for trade fairs or other events and for this purpose wish to create projects on the uCastMe platform in order to find suitable persons are hereinafter referred to as "customers". The persons who work for a specific event as a result of uCastMe's commitment are hereinafter referred to as "service providers". All natural and legal persons making use of the platform are hereinafter referred to as "users". The website under the domain uCastMe.de and the online tool offered there for data management and exchange between uCastMe, customers and service providers is hereinafter referred to as "platform".
§ 2 Scope of applicationThese general terms and conditions (hereinafter also referred to as "AGB") apply to the use of the platform offered and managed by ucm.agency for all users equally, irrespective of whether they are customers or service providers. These GTC apply to both free and chargeable services of uCastMe. By registering or confirming an order, customers confirm that they are using the platform as part of their respective purchasing activities. For this reason, you are an entrepreneur within the meaning of § 14 BGB (German Civil Code). Services provided by uCastMe GmbH are subject exclusively to these General Terms and Conditions. By registering or booking on uCastMe, these General Terms and Conditions are deemed to have been agreed, unless expressly agreed otherwise in writing. Deviating or contradictory terms and conditions will only be accepted if uCastMe has expressly given its consent in writing.
§ 3 Offer for customersCustomers have the possibility to book services on uCastMe.de via ww.ucm.agency. This also includes the possibility of selecting suitable hostesses and other service providers to perform certain activities. The selected personnel will then be deployed by uCastMe to complete the assignment. After the customer has created an inquiry, all potential service providers will be contacted automatically. They are free to make themselves available under the conditions specified by the customer (e.g. time, place, type of use, remuneration). The service provider has no claim to booking. uCastMe offers customers the possibility to create so-called projects via the platform after creating a profile and to find suitable persons there for the respective needs (events, fairs and other events). Once certain criteria have been defined, suitable candidates are automatically contacted and informed about the conditions of the assignment (time, location, remuneration, additional requirements, etc.). The customer receives an updated overview of all bindingly available candidates and can now restrict his selection and, if necessary, invite him to a selection round(s). All service providers who have made themselves bindingly available can also be contacted. The customer must then make a preliminary selection within 24 hours of notification of the available service providers in order to release unsuitable applicants again, unless another agreement is expressly made. If no selection has been made by then, the request will be cancelled. With confirmation of the preselection the customer accepts the associated offer bindingly. A booking is deemed to have been made as soon as the customer makes it via the booking platform, by e-mail, orally or by telephone. The client receives a booking confirmation from the agency via online printout, fax or e-mail. The customer is obliged to return this booking confirmation immediately signed by e-mail or fax to the agency for the purpose of facilitating proof that the booking has been made. Neither the sending of the booking confirmation by the agency nor the return of the booking confirmation signed by the client affect the validity of the booking.
§ 4 Offer for service providersuCastMe employs service providers as vicarious agents depending on the order situation and then uses them accordingly to fulfill orders. The service provider commissions the agency with the spatial, temporally and contentwise unlimited employment with customers. This is mainly done via the online platform provided here. uCastMe offers service providers the possibility to post information on the platform and to use this information after verification by the agency to determine suitable job offers. Some information must be updated regularly to remain valid. This way uCastMe guarantees the quality of the database. Access to the data is only possible for each individual client after confirmation of the job interest by the service provider. Some data is also only used for billing purposes and cannot be viewed by service providers or third parties at any time. The service provider supports the agency within the scope of his possibilities, i.e. he ensures the best possible accessibility. The parties assume in particular the following booking modalities and operational readiness of the service provider with the customer: Daily bookings of the customer: Duration of 8 hours per day, plus break (usually from 09:00 to 18:00). Half-day bookings of the customer: Duration of 4 hours per day. Firm bookings Firm bookings are binding for both sides. uCastMe will immediately confirm them in writing at the customer's request and provide the essential booking details.
§ 5 Services of the platformIf the service provider does not accept an engagement from a contract concluded by the platform with his agreement or if he waives an engagement, he is obliged to reimburse the platform for the resulting damage, but the costs and expenses (telephone, travel and printing costs etc.) demonstrably incurred by the agency. Offsetting is generally excluded, unless it is an undisputed or legally binding counterclaim. uCastme is entitled at any time, even after acceptance of the order, to refuse the agreed service or delivery if the customer is in default of payment or if there is a risk that a violation of legal regulations or principles of public morality and morality could exist if the contract is fulfilled.
§ 6 PriceThe prices are determined according to the type and qualification of the personnel employed, but amount to at least 17 euros net basic price per hour employed. Prior to order confirmation, the customer will receive a complete overview of the costs incurred. There are no further costs, unless these are explicitly stated when the offer is prepared. The performance is confirmed immediately after the job by both parties (customer and service provider) at the push of a button in the platform. The payment claim arises upon execution of the order. It is due for payment in euros without deductions upon receipt of the invoice at the latest. The statutory value-added tax is not included and will be shown separately on the invoice.
§7 Withdrawal from the bookingThe customer may cancel a firm booking at any time for good cause. Important reasons are in particular cases of force majeure and circumstances which make the execution of the order unreasonable. The withdrawal is to be declared to uCastMe and the service provider immediately after becoming aware of the reasons and explaining them. For confirmed offers the following cancellation rules apply: 50% fee from 4 weeks before the event, 80% fee until one week before the event and 100% cancellation fee until 48 hours before the event.
§8 Working hoursThe working time begins when the service provider arrives at the agreed place of work at the customer. Preparations such as set-up, make-up and hairstyle are part of the working hours. Overtime shall be remunerated in accordance with the agreed hourly rate per half hour or part thereof. The joint arrival and departure of service provider and customer between hotel/airport and place of work is working time. Arrival and departure (together) up to one hour per day are generally not charged as a gesture of goodwill.
§9 Execution of the orderuCastMe fulfils the customer's order under the agreed conditions. For this purpose, the selected service providers are used as vicarious agents under the direction of uCastMe. In the event of a failure, uCastMe will provide an equivalent replacement. The instruction necessary for the fulfillment of the order is carried out by uCastMe. All information required for this must be provided by the customer in good time. Access to the place of work must also be guaranteed by the customer.
§10 Disruptions to performanceThe customer is obliged to contact uCastMe immediately in the event of performance disruptions and problems, stating all information required for assessment and problem solving. Wherever possible, photographic documentation should be provided. If the service provider is responsible for service disruptions which make the execution of the order impossible, the right to a fee and reimbursement of travel costs shall not apply. If the service provider is nevertheless used to fulfil performance, this shall be deemed to be a waiver by the customer of claims and rights arising from defective performance. In case of culpable delay of the service provider (oversleeping, missed plane etc.) the service provider has to work accordingly longer. If this is not possible or only partially possible due to special circumstances, the service provider loses his pro rata wage entitlement on the basis of overtime compensation. In the case of high-risk jobs, the customer must take out appropriate insurance for the service provider. If uCastMe has not been expressly informed of the risk involved at the time of booking, the service provider is entitled to refuse performance and receives a cancellation fee amounting to 70% of the agreed total fee. Further claims are based on the general legal provisions.
§ 11 Duties of usersUsers are obliged to treat their personal access data confidentially and not to make them accessible to unauthorised third parties. Any damage resulting from the loss of the data or from the data becoming known must be borne by the user alone. There is no right to registration. Ancillary agreements and direct bookings bypassing the agency are inadmissible if the users have met for the first time for the purpose of making contact via the platform. So-called usage releases are also inadmissible and ineffective. Should uCastMe become aware of the circumvention of this agreement, individual users can be excluded from using the platform. Users who have proven to be in breach of contract in relation to other users can also be excluded. This applies to both customers and service providers. Agreements with representatives or representatives or other agreements with the users, which contain legally binding promises and/or deviations from the GTC, require written confirmation by uCastMe to be valid.
§ 12 Copyrights/criminal lawUpon conclusion of the contract, the service provider confirms that he has all rights to the photos used by him. This applies in particular to copyright and all other ancillary copyrights, trademark rights, database rights and rights to one's own image. Upon registration, the user transfers to uCastMe the right to use content provided by him free of charge within the framework of the mediation relationship and, if necessary, to transfer it to third parties free of charge, insofar as uCastMe considers this necessary for the purpose of fulfilling the contract. In all other respects, uCastMe retains the exclusive ancillary copyright to all content made available, including the trademarks, names, brands and databases. Furthermore, the Service Provider is obliged not to use any photos whose content or use is punishable by law or in any other way violates criminal law. These include in particular photos whose content is offensive, inciting, pornographic or extremist. Should the service provider violate any of the above obligations, uCastMe reserves the right to withdraw from the contract. The user releases uCastMe from all claims of third parties which are based on a violation of his aforementioned contractual obligation. He will compensate uCastMe for any damage caused to uCastMe by a possible culpable violation of the above obligations.
§13 Data protectionAs far as personal data are raised in the context of the switching, this happens exclusively for the switching of the contracts to be closed between the customer and the service provider. uCastMe collects, processes and uses personal data only, as far as the user makes these available and agrees in this connection or a legal regulation permits the collection, processing or use of these data. The data collected here will be passed on to the customer for the purpose of mediation. In the data protection declaration, to be found under data protection, the user can inform himself exactly about the use and processing of his data by uCastMe.
§ 14 LiabilityuCastMe is liable without limitation for intent and gross negligence as well as in case of personal injury, for slight negligence however only in case of breach of contractual obligations, as well as in case of impossibility for which uCastMe is responsible and in case of delay. The liability is limited to the typical contractual damage which we had to reckon with at the conclusion of the contract due to the circumstances known at that time. Furthermore, uCastMe is liable without limitation for damages for which mandatory legal regulations provide a liability. uCastMe is only liable for loss of data in accordance with the above paragraphs and only if such loss could not have been avoided by appropriate data backup measures on the part of the customer. The limitations of liability also apply analogously to our vicarious agents.
§15 Other provisionsThe contractual relationship between the parties (customer, uCastMe and service provider) is exclusively subject to German law. Place of performance for all rights and obligations arising from the contract including the rights of use is the registered office of uCastMe GmbH. The contract language is exclusively German. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The place of jurisdiction for registered traders, legal entities under public law and customers without a general place of jurisdiction in Germany is Berlin.
§ 16 Extrajudicial settlement of disputesThe EU Commission provides an online dispute resolution platform ("OS platform") at http://ec.europa.eu/odr If the customer is a consumer resident in the European Union, it is possible to use this platform for out-of-court settlement of disputes regarding contractual obligations arising from online purchase contracts or online service contracts. We are obliged to inform you about the existence of this OS platform and in this connection also about our e-mail address firstname.lastname@example.org We endeavour to resolve possible differences of opinion regarding contracts concluded with our customers by mutual agreement via our customer service. However, we do not participate in the dispute resolution via the OS platform. Furthermore, we are also not obliged to participate in a dispute settlement procedure before a consumer arbitration body and, in principle, we are not prepared to do so.