MEDIATION SERVICE AND PROVISION OF MUSICAL PERFORMANCES

General Conditions applicable to PROFESSIONALS AND CONTRACTORS

FIRST. PURPOSE, DEFINITIONS AND SCOPE

  • The purpose of these General Terms and Conditions (“GTC”) is to establish the terms and conditions that will govern the relationship between CONCERFY and the PROFESSIONALS and CONTRACTORS that contract with it,
    regulating the services to be provided described in each contract, of which these GTC form an inseparable part. In case of contradiction between the terms of each contract and those contained in the GTC, the provisions contained in the contract shall prevail.
  • CONCERFY is a technological platform in web and app version with worldwide projection that aims to facilitate the recruitment of any musician, singer, DJ, technician, or personnel directly related to the world of music (hereinafter and in this area, referred to as “PROFESSIONALS”, a term that includes both technicians and artists) who wish to promote themselves. Through this platform, which acts as a catalyst or meeting place between the different PROFESSIONALS related to the world of music, those who wish to make themselves known through this free space with contractors, agencies, other PROFESSIONALS, public bodies and private companies can access the platform in order to meet and contract musicians and/or technicians that they may need at any given time, or in a more or less recurrent manner, to be able to perform shows with the CONTRACTOR.
  • Through the online platform or the app, the PROFESSIONALS may advertise, advertise, promote or offer (as appropriate) their services for booking, renting or hiring; visitors to the platform may discover, search, compare, request, book, hire or pay for the service offered by the different PROFESSIONALS advertised therein. By using the platform, a direct contractual relationship (legally binding) is established with the PROFESSIONAL that has been hired. From the moment the contract is made, CONCERFY acts only as an intermediary between the user (referred to in this area as “CONTRACTOR”) and the PROFESSIONAL, transmitting the contracting conditions to both, sending a confirmation email or message on behalf of the other contracting and contracted party.

SECOND. INTELLECTUAL PROPERTY RIGHTS CLAUSE

The brand “CONCERFY” is a registered trademark and reserves non-exclusive ownership of all rights, title and interest in all intellectual property rights, including the infrastructure of the platform where the service is available, as well as the photos and videos of PROFESSIONALS who upload to the platform and comments within the platform, who have no right to copy, collect, link to, publish, promote, sell, embed, use, combine or otherwise use the content without express permission from CONCERFY. Any kind of misuse or any kind of action or behaviour mentioned above shall constitute an infringement of intellectual property rights (including copyright and database right).

THIRD. TRANSMISSIONS

  •  By formalising the contract and accepting these general conditions, both parties establish the minimum bases and conditions that will govern all the intermediation services that CONCERFY agrees with the PROFESSIONAL and the CONTRACTOR during the period of validity of the contract.
  • Under no circumstances shall the PROFESSIONAL or the CONTRACTOR be entitled to sell, assign or transfer the ownership of any of the rights received from CONCERFY or its legal position in the contract, not even partially, nor may it ever act on behalf of the company.

FOURTH. THE BRAND

  • Both the PROFESSIONAL and the CONTRACTOR acknowledge that CONCERFY is the sole owner of the marks and
    distinctive signs used in the performance of this contract
  • Both the PROFESSIONAL and the CONTRACTOR shall respect the trademarks, logos, trade names designated by CONCERFY in accordance with its corporate identity manual and current legislation on trademarks.
  • The mark may not be used as an integral part of the assets of any company or entity.
  • Both the PROFESSIONAL and the CONTRACTOR may not use other trademarks or distinctive signs that may mislead third parties.
  • CONCERFY reserves the right to replace – at its own expense – the content of all or some of the trademarks or distinctive signs when it deems appropriate.

FIFTH. ECONOMIC CONDITIONS. METHOD OF PAYMENT

  • As consideration (also referred to as “CACHE” in these contractual terms and conditions) for the PERFORMANCE (also referred to as “PERFORMANCE”) covered by this contract, both parties agree that the CONTRACTOR shall (also called “PERFORMANCE”) which is the subject matter of this contract, both parties agree that the CONTRACTOR will shall pay to CONCERFY the total amount of the sum of the compulsory and optional elements to be paid as follows as follows:
    -10% of the total agreed fee, to be paid to reserve the performance date. Once this payment has been made
    Once this payment has been made, the PROFESSIONAL has 48 hours to respond positively, accepting the concert proposal or cancelling/not responding, cancelling/not replying, in which case the amount of 10% will be returned in full to the CONTRACTOR.
    -40% of the total agreed fee, to be paid on the day of signing the contract or 90 % of the remaining amount directly at the signing of the contract of the remaining amount at the signing of the contract. In either case, this second payment commits both parties with respect to Spanish jurisprudence through the following clauses.
    -50% of the total agreed fee – if 90% has not been paid, to be paid up to 72 hours before the PROFESSIONAL’s performance.
  • All these amounts must be paid into CONCERFY’s bank account by means of the exclusive payment on the platform.
  • Under no circumstances may the CONTRACTOR pay the above amounts directly to the PROFESSIONAL, either by transfer or in cash, under penalty of incurring in a clear illegality and with the legal consequences that this entails, and CONCERFY reserves the right to proceed with the legal actions it deems appropriate.
  • If 72 hours prior to the PERFORMANCE, the CONTRACTOR has not fully complied with the payment obligation established in the contract, the PROFESSIONAL will be exempt from the performance of the concert and may refuse to travel and resolve it, being exempted from any legal liability, being clearly considered as a breach of contract of the other party, without obligation of CONCERFY or PROFESSIONAL to return the amounts received, which shall be retained as a penalty clause, and this in turn, shall not opt to the possibility of using its right to claim damages caused by this breach by the CONTRACTOR since these have been solved.
  • With less than 72 hours, the PROFESSIONAL will receive the total of the advance payment up to 50% as if the show had taken place and with no possibility of claim, exonerating him and CONCERFY from any claim.
  • The total or partial breach by the CONTRACTOR of the payment obligation agreed in this clause shall accrue interest for late payment in accordance with Law 3/2004 of 29 December, which establishes measures to combat late payment in commercial transactions.
  • Once the performance of the event has been carried out, if there are several performances, the last day of the event is taken into consideration and once the CONTRACTOR and the PROFESSIONAL have given their approval, CONCERFY will pay the corresponding money into the account provided by the PROFESSIONAL within a maximum period of 48 hours. If there have been any unforeseen circumstances, you should send an email to inci@CONCERFY.com so that the money can be retained before sending it, or seek solutions to the unforeseen circumstances caused with respect to our company policy.
  • In the event that the CONTRACTOR is a public body and does not proceed with the usual way of booking a concert, a promissory note at the stipulated rate will be requested with the following special conditions: the body is responsible for the bank commission surcharge and an additional surcharge of 5% of the total amount in favour of CONCERFY.
  • At the request of the PROFESSIONAL and if necessary, the CONTRACTOR is obliged to provide to the
    PROFESSIONAL the performance certificate of the National Institute of Performing Arts and Music (INAEM).

SIXTH. CONFIDENTIALITY

  • For the purposes of this contract, all information relating to: business processes, marketing, strategic plans, information relating to clients, information relating to suppliers, know-how, methods, functional analyses, source code, market studies, statistics, financial data, feasibility analyses, technical specifications, formulas, designs, studies, as well as all information affected by data protection and all information that CONCERFY has not explicitly authorised both the CONTRACTOR and the PROFESSIONAL for its free use or dissemination, shall be considered confidential information.
    Consequently, the PROFESSIONAL and the CONTRACTOR undertake to:
    a) Maintain the Confidential Information in the strictest confidence and not provide it to any third party, except for the exceptions specified below.
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    Implementation date 14/06/2021
    b) Use the Confidential Information provided to them only for the purpose reflected in this contract or, as the case may be, that which is specifically indicated in each transmission.
    c) Use procedures to control such use or transmission of the Confidential Information; the parties shall not make any copies of the Confidential Information without the prior written consent of the issuing party
    make any copies of the Confidential Information without the prior written consent of the transmitting party,
    except such copies as are necessary for internal review or for the purposes of the authority described in paragraph (e) of this clause.
    d) Adopt the necessary technical and organisational measures to prevent the Confidential Information received from being disclosed to third parties, as well as to guarantee the security and integrity of such Confidential Information disclosed to third parties, as well as to guarantee the security and integrity of such Confidential Information.
    e) Restrict access to Confidential Information only to those employees who need to know it in order to perform the work that is the subject matter of this the performance of the work covered by this contract, and ensure that such employees are aware of their obligations hereunder obligations applicable to them under the terms of this document.
    f) Not to make any act of disposal of the Confidential Information, in whole or in part, whether free of charge or for a consideration.
    g) Keep Confidential Information, whether written, recorded or in any other medium, separate from any other information that may be available to either party.
  • The limitations set forth in this clause as to Confidential Information provided by one party to the other party shall not apply where any of the following circumstances occur:
    a) When the issuing party provides its prior express written consent.
    b) Where the Confidential Information is by reason of a circumstance in the public domain, unless it has acquired such status as a result of a breach of the limits and obligations contained in this contract. status as a consequence of a breach of the limits and obligations contained in this contract by the disclosing party
    by the party disclosing the information.
    c) If, by virtue of legal proceedings or by operation of law, one of the parties is obliged to bring it to the attention of the competent the competent authority or a third party. In this case, prior to its delivery, the issuing party shall be informed of this the issuing party shall be informed of this fact, so that the issuing party may take the necessary steps to ensure the confidentiality of the information. necessary to ensure the confidentiality of the Confidential Information.
  • Subject to the protection of confidentiality set out in this clause, all information to be transmitted for the performance of the activity covered by this contract shall be subject to the confidentiality protection set out in this clause.
  • The obligation of confidentiality contained in this clause is indefinite and shall remain in force after the termination of this contract, i.e. even if a PROFESSIONAL has left the contract.
  • Penalty clause.
    In the event of default by the PROFESSIONAL or the CONTRACTOR, its employees, collaborators or persons of its organisation, it shall pay CONCERFY, as a penalty clause, the amount of TWENTY THO THOUSAND EUROS (20,000.00 €). The parties agree that the penalty clause shall not replace the obligation of the PROFESSIONAL or the CONTRACTOR to indemnify CONCERFY for any damages that may have been caused by the breach of the obligations contained in this contract.
    In particular, the PROFESSIONAL and the CONTRACTOR shall be liable for and shall indemnify CONCERFY for any damages or losses arising from acts or omissions that constitute a breach of the confidentiality obligations assumed with the signing of this confidentiality obligations assumed with the signing of this contract.

SEVEN. SUPPORT, SUSPENSION AND INDEMNITY

  • Both the CONTRACTOR and the PROFESSIONAL shall provide each other throughout the contract with the assistance necessary for the proper performance of the contract.
  • Both the CONTRACTOR and the PROFESSIONAL shall be liable to any European, state, regional or local administration for any infringements of any regulations that may be imputed to it or to its contractors and/or subcontractors, as well as for any damages arising from its activities or the activities of its contractors and/or subcontractors, whether or not caused maliciously, both by action or omission, including those relating to the public image and reputation of CONCERFY.
  • In the event that, due to actions or omissions of the CONTRACTOR or PROFESSIONAL, its contractors or subcontractors, CONCERFY is sanctioned either exclusively or jointly and severally, it shall pay the amount resulting from the sanction, at the first request and without prejudice to any legal actions that may subsequently correspond to the CONTRACTOR or PROFESSIONAL, its contractors or subcontractors.
  • SUSPENSION BY THE PROFESSIONAL: In case of suspension of the performance by the PROFESSIONAL, cancellation or inability to perform the performance for reasons attributable to the PROFESSIONAL, the CONTRACTOR shall be exempt from its obligations and therefore shall not pay the agreed fee. In the event that such cancellation by the PROFESSIONAL is not duly justified, the CONTRACTOR reserves the right to take legal action for compensation for damages. If the cancellation due to causes attributable to the PROFESSIONAL occurs after the PROFESSIONAL has received the corresponding amounts as advance payment of the remuneration agreed in the third clause of this contract, these shall be returned in full to the CONTRACTOR.In addition, this impact will be governed by the following clauses:
  • 1 If the PROFESSIONAL cancels within 72 hours before the performance, CONCERFY shall refund the full amount to the CONTRACTOR, exempting the latter from any type of responsibility since it does not have the material time to solve an exceptional situation created by various situations that we understand to be exceptional such as illness, accident or others of various kinds that cannot be foreseen due to their nature.
  • If it is the PROFESSIONAL who cancels before 72 hours, the full amount will be returned to the CONTRACTOR or if he/she prefers, CONCERFY will proceed to find an alternative as close as possible to that event within the criteria – within the existing real possibilities – and discretionary stipulated by CONCERFY for the same price or less than the same, without this entailing a reduction in CONCERFY’s income, returning to the CONTRACTOR the difference, if any, between the prices of the first PROFESSIONAL and the PROFESSIONAL who will finally act.
  • 3 If even so, the new contracted PROFESSIONAL notifies that he/she cannot appear, even before 72 hours of the performance, CONCERFY will return the full amount to the CONTRACTOR, exempting him/her from any type of responsibility since he/she has acted in good faith trying to solve the situation created.
  • 5 SUSPENSION OR CANCELLATION BY THE CONTRACTOR: In case of suspension, cancellation or impossibility of performing the performance for reasons attributable to CONTRACTOR, not included in the section of cancellation due to force majeure, PROFESIONAL is exempt from its obligations and shall retain the amounts advanced 50% in respect of 100% by way of compensation for the reservation of the date, NOT giving rise to the possibility of legal action for damages, as a penalty clause. If 72 hours prior to the PERFORMANCE, the CONTRACTOR has not fully complied with the payment obligation established (i.e. one hundred percent), the PROFESSIONAL will be exempt from the performance of the concert and may refuse to travel and terminate this Contract, exempt from any legal liability, clearly considered as a breach of contract by the other party, without obligation to return the amounts received, which will be retained as a penalty clause, and without the possibility of using its right to claim damages caused by this breach by the CONTRACTOR since these have been solved.
    This being so, it is established that, with less than 72 hours, THE PROFESSIONAL shall receive 50% of the total amount contracted – as a clause – plus the relevant expenses if it had given rise to it and without the possibility of claim from the CONTRACTOR, exonerating the latter and CONCERFY from any claim.
  • SUSPENSION OR CANCELLATION FOR FORCE MAJEURE: In the event of suspension, cancellation or impossibility to carry out the performance due to the performance due to force majeure not attributable to the CONTRACTOR or the PROFESSIONAL, that is, by way of example and not exclusive, any unforeseeable or exceptional situation or event, beyond the control of both, that may occur once this contract has been signed, such as adverse weather conditions permanent until the date of the event that prevent its performance and are not covered by your insurance policy; natural disasters such as earthquakes, hurricanes or tsunamis; fire affecting the facilities of the venue; closure of Spanish airspace or other means or routes of transport leading to the location where the event is held; epidemic or pandemic of the Covid-19 type or other similar kind and scope; declaration of states of emergency, exception, alarm or siege by the competent authority, exonerates the CONTRACTOR from compliance with the payment of the remuneration stipulated in this contract, not being therefore obliged to pay its fee to the PROFESSIONAL, nor is the latter entitled to any compensation for possible damages. In such cases of cancellation due to force majeure, the PROFESSIONAL and therefore CONCERFY will be obliged to return to the CONTRACTOR any amount or advance remuneration that has been received until the time of cancellation, except the amounts spent on expenses prior to the event that are an indispensable and necessarily anticipated part of its production, such as the amount of transport tickets, subsistence and hotel reservations for PROFESSIONAL, its musicians and technical staff that do not admit refund as stipulated in both parties at the time of contracting. These expenses shall be covered by the advance payments in accordance with the third clause of this contract and CONCERFY, as representative of the PROFESSIONAL shall only be obliged to return to the CONTRACTOR the remaining difference, after deducting the amount. However, in the event that the PROFESSIONAL recovers the total or partial amount of such expenses, excluding mileage if it is at the place of performance or arriving there when the events occur, CONCERFY shall be obliged to return to the CONTRACTOR the full amount recovered. In the event that such expenses have been incurred before THE PROFESSIONAL receives the advance payment of the fee agreed in clause five if the cancellation occurs due to force majeure, the amount of such expenses shall be paid in full by the CONTRACTOR to the PROFESSIONAL.
    The suspension of the event due to public health reasons, in order to deal with the expansion of Covid-19, in compliance with the provisions of Article 10 of Royal Decree 463/2020 of 14 March, which suspends the opening to the public of all types of premises and establishments where public shows, sporting and leisure activities are held, will be sufficient cause for termination of the contract, not giving rise to any type of termination of the contract pening to the public of all types of premises and establishments where public shows, sports and leisure activities take place, shall be sufficient cause for termination of the contract, not giving rise to any type of
    compensation for PROFESSIONAL for any damages caused, and generating the obligation for both parties to return all amounts received or spent in advance with a view to the production of the event and included in the total amount of the PROFESSIONAL’S fee, with each of the parties bearing the damage inherent in the aforementioned suspension, except for expenses advanced by THE PROFESSIONAL for the purchase of transport tickets, per diems and hotel reservations related to the event that do not admit cancellation and refund, which shall be covered by the advance payments received by THE PROFESSIONAL or paid in full by the CONTRACTOR in the manner in which it is said.
    If due to changes in the state regulation or the corresponding Autonomous Community, there are new limitations of capacity or minimum interpersonal distance, related to a new state of alarm or the so-called phases of de-escalation or new normality, which make it impossible to hold the event, both CONTRACTOR and the PROFESSIONAL may cancel it, exempting themselves from their respective obligations. As in the previous cases, in this case, the PROFESSIONAL shall be obliged to return all those amounts that received to date by way of payments and / or advances, not being entitled to any compensation for damages, except for the amount of expenses advanced by PROFESSIONAL for the production of the event, under the conditions set out above.

EIGHTH: DATA PROTECTION

Both parties undertake to comply with the regulations in force at any given time regarding Personal Data Protection, specifically, to comply with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR), in the context of this contract subject to tender and of any processing of personal data that, where appropriate, derives from the same.

NINTH. OBLIGATIONS OF THE PROFESSIONAL AND INCIDENTS

THE CONTRACTOR hires a live experience that is advertised on the platform through various videos, audios and photographs of the PROFESSIONAL, in no case CONCERFY is responsible for a subjective interpretation of the artistic event, for it is the CONTRACTOR who has sought, compared, This does not imply that if the PROFESSIONAL is late for the performance or does not show up for it, an internal file can be started to know the causes and consequences of such acts, for this you must click on the INCIDENT tab of the platform or send an email to inci@concerfy.com. These are the obligations of the PROFESSIONAL:

  • THE PROFESSIONAL will give a performance of a previously agreed duration, with the right to a break of one hour stipulated in the particular conditions for each hour played, both during the performance and overtime, these breaks may be used as an intermission of a two-part concert.
  • THE PROFESSIONAL must be punctual for the performance, and will arrive with its own or external means, not being responsible in any case neither the CONTRACTOR nor CONCERFY. Neither the CONTRACTOR nor CONCERFY will be responsible for the possible deterioration of the image of PROFESIONAL among the attendees caused by a delay of the latter.
  • THE PROFESSIONAL assumes the obligation to perform his artistic performance in the CONCERT under the agreed terms, and in accordance with the professionalism and artistic quality for which he is publicly known. The PROFESSIONAL shall have sole and exclusive creative control over the PERFORMANCE.
  • The PROFESSIONAL shall have total freedom to select the works, the order and the style in which to develop his interpretation and if he accepts requests and has approved these requests from the CONTRACTOR, these must be reflected in the particular conditions.
  • The PROFESSIONAL shall make available to the CONTRACTOR all available documentation, data and promotional material required by the CONTRACTOR for the optimal dissemination and promotion of the performance.
  • The PROFESSIONAL exempts the CONTRACTOR from liability for any use of rights or claims against third parties such as the SGAE or other entities.
  • Regarding the contents, expressions and lyrics, the PROFESSIONAL must refrain from using those that are denigrating, discriminatory, xenophobic or incite hatred, and respect, in any case, CONCERFY’s code of ethics. The platform may not be used for religious or political proselytising. For illustrative and non-limiting purposes, it shall be considered a contractual infringement when the person or group of persons targeted are selected because of their real or supposed connection, relationship, affiliation, support or membership of a group that may be based on “race”, sex, national or ethnic origin, language, colour, religion, age, physical or mental disability, sexual orientation or other similar factors, whether real or supposed.

TENTH: ETHICAL STANDARDS

  • CONCERFY’s basic principle is to promote high ethical standards of behaviour among its professionals and suppliers. A concrete expression of this principle is a demanding code of conduct – the CONCERFY Code of Conduct (link to website) – which expresses this commitment and is mandatory for all CONCERFY PROFESSIONALS.
  • CONCERFY has implemented a channel for reporting possible irregular, unethical or inappropriate conduct (Ethics Mailbox), accessible through (link to website) that allows CONCERFY’s own professionals, Clients, suppliers and any third party to confidentially report situations that may be contrary to the aforementioned model of ethical conduct.
  • Likewise, CONCERFY Staff is obliged to communicate, through the Ethics Mailbox or other reporting mechanisms, any indication or identification of situations that involve potential breaches of laws or other regulations by its clients or third parties. Once the reported situation has been analysed, CONCERFY, if applicable, will communicate it to the Client through the appropriate channels so that it can be managed by the Client, and in specific cases may be obliged to inform the competent authorities. CONCERFY’s policy excludes the recruitment and participation of under-age professionals.

ELEVENTH. ANTICORRUPTION

  • In the performance of the obligations set out in this contract, the parties, their officers, representatives, employees and any other contracted or subcontracted third parties shall comply with the principles of contractual good faith and with the laws and regulations of any applicable jurisdiction, so that at no time shall they participate or collaborate in the commission of any conduct that could be considered a criminal offence in the applicable legal system or that is contrary to the rules and regulations of any applicable jurisdiction, and shall not at any time participate or collaborate in the commission of any conduct that could be considered a criminal offence in the applicable legal system or that is contrary to the rules and regulations of any applicable jurisdiction. applicable law or is contrary to international anti-corruption standards, including, insofar as applicable and without prejudice to any other that may be applicable to them, the following:
    -Foreign Corrupt Practices Act (FCPA) passed by the United States Government in 1977.
    -UK Bribery Act, passed by the UK Parliament in 2010.
    -United Nations Convention against Corruption, 2003.
    -OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 1997.
    -Framework Decision 2003/568/JHA of the Council of the European Union of 22 July 2003 on combating corruption in the private sector.
    -1999 Council of Europe Criminal Law Convention on Corruption (known as Convention 173).
  • In furtherance of the foregoing, the parties hereby represent and warrant that they will not receive or offer, pay or promise to pay, either directly or indirectly, any unjustified benefit or advantage of any nature, improper benefit or advantage or gift or consideration of any kind to any public authority or official (as defined below) or private third party in connection with any business opportunity that is the subject of this contract. In addition, the parties shall notify each other immediately, in writing and in detail, in the event that they receive any unlawful request or demand for payment from a public official or private third party.
  • For these purposes, an authority is understood to be anyone who, alone or as a member of a corporation, court or collegiate body, has command or exercises his or her own jurisdiction. In any case, members of the Congress of Deputies, of the Senate, of the Legislative Assemblies of the Autonomous Communities and of the European Parliament, and public officials and members of the Public Prosecutor’s Office, all of them in Spain and their equivalents in any country in the world, shall be considered authorities.
    In addition, for these purposes, a public official is:
    -Anyone who by immediate provision of law or by election or appointment by a competent authority is involved in the exercise of public functions.
    -Any person holding a legislative, administrative or judicial office or employment of a country of the European Union or any other foreign country, whether by appointment or election.
    -Any person exercising a public function for a country of the European Union or any other foreign country, including a public body or public enterprise, for the European Union or for another public international organisation.
    -Any official or servant of the European Union or of a public international organisation.
    -Any officer or employee of a government agency or government-controlled corporation of a country of the European Union or any other foreign country.
    -Any officer or employee of a public international organisation.
    – Any candidate for public office in a country of the European Union or in any other foreign country.
    – Any political party or representative of a political party, federation, coalition or grouping of electors from a country of the European Union or any other foreign country.
  • The parties state that they have sufficient measures in place within their internal organisation to control, prevent and detect the commission of any type of conduct that could be considered a criminal offence punishing corruption-related behaviour, committed with the means or under the cover of the company itself and/or through any natural person who is a member of or dependent on the company. Without being exhaustive, they state that these measures include procedures that specifically regulate how to act before the Public Administration, and when receiving, delivering or requesting hospitality and courtesy.
  • The exercise by any of the parties and/or by any of the natural persons who are members or dependents of each of them, of any conduct that could be qualified as unlawful and give rise to the declaration of criminal liability, may constitute, in addition to an offence, a breach of contract and, therefore, become a cause for termination of this contract, giving rise to the compensation that may be appropriate as damages.

TWELFTH: LIABILITY INSURANCE

CONCERTIFY declares that it has taken out civil liability insurance for all possible contracts that may cover possible claims, even without acting as the promoter of the event but as an intermediary and facilitator of the same. This is understood to be without prejudice to the possibility of passing on what is appropriate against the PROFESSIONAL or the CONTRACTOR in the event that either of them do not comply with what has been agreed here and in the event of possible subsidiary responsibilities or complaints by any of the parties or third parties.

THIRTEENTH: COMPUTERISED MANAGEMENT SYSTEM

  • CONCERFY and the PROFESSIONAL will use a document management system through the CONCERFY platform via the internal software of the web platform
  • CONCERFY reserves the right to change and improve the management system, without prejudice to the content provided by the PROFESSIONALS and the platform at no cost to the PROFESSIONAL.

FOURTEENTH, NON-COMPETITION
During the term of this contract, the PROFESSIONAL may not directly or indirectly compete with CONCERFY or use confidential information, during the term of this contract and thereafter, which could be harmful to CONCERFY.
use confidential information, during the term of the contract and thereafter that could be detrimental to
CONCERFY under a penalty clause of 20,000 euros and legal action in addition to expulsion from the platform.

FIFTEENTH. DURATION and DATA PROTECTION

  •  This contract comes into force on the day of signing and will last as long as the PROFESSIONAL has registered his user on the platform; when the PROFESSIONAL deletes his account all his documentation, photos, CV, videos will be automatically deleted based on the LOPD and where he can exercise his rights before the data protection delegate of CONCERFY through this email: dpo.murcia@gmail.com. In the event that the user wishes to keep all images, audios and videos, he/she must – then – choose the option “close account”, instead of “delete account”.
  • This contract shall be automatically extended on an annual basis. Any modification of the contract will be notified as an update of the conditions through the platform. If the user does not agree with the new terms and conditions, he/she must express his/her disagreement and mark “delete account”.

SIXTEENTH. GROUNDS FOR TERMINATION OF THE CONTRACT

In addition to the regime of nullity and voidability of contracts in the Civil Code, the present contract shall be terminated by any of the following causes:

  • By expiry of its term of validity (automatic renewal) or until the PROFESSIONAL deletes his account from the platform or, failing that, all his profiles by himself, in which case, or write an email to the data protection delegate of CONCERFY through this email: dpo.murcia@gmail.com
  • CONCERFY may terminate this contract early and immediately without notice in the event that the PROFESSIONAL incurs in any of the following causes:
    16.2.1 Breach of the reservation clause.
    16.2.2. Infringement of the non-compete clause.
    16.2.3. Dissolution, if applicable, of the PROFESSIONAL’s company, when it has the status of a legal person
    legal entity. 16.2.4. Interposition against the PROFESSIONAL of legal proceedings involving seizure or attachment on any asset of the PROFESSIONAL when it prevents or limits its ordinary activity as a PROFESSIONAL.
    16.2.5. Infringement of the code of ethics or commission of an offence by the PROFESSIONAL that could jeopardise the prestige of the brand.
    16.2.6. Non-fulfilment by the PROFESSIONAL of the obligations assumed in this contract when they related to the transmission of secrets.
    16.2.7. The unauthorized transfer or use of trademarks or distinctive signs when it damages the prestige of the brand or is intended to mislead third parties about the real identity of the PROFESSIONAL as an independent entrepreneur or try to make him/her responsible for responsibilities that do not correspond to him/her.
    16.2.8 The assignment, transfer or sale of the rights granted in this contract, in whole or in part, without prior
    without prior and express authorisation.
    16.2.9 In the event that the PROFESSIONAL acquires interests or direct or indirect participation in a commercial activity in competition with CONCERFY, unless prior and express authorisation has been given.
    16.2.10. In case of unfair competition with CONCERFY and its CUSTOMERS.
    16.2.11 In the event that the PROFESSIONAL repeatedly fails to comply with the terms of engagement such as an unjustified failure to attend an event or two unjustified delays to events or express complaints from third parties in court where the PROFESSIONAL is a GUILTY party in a court of first instance with the procedures and guidelines of the orders that call into question the reputation of CONCERFY
  • 3 The PROFESSIONAL may terminate the contract if CONCERFY incurs in any of the following reasons:
    16.3.1. Infringement of the non-competition clause.
    16.3.2. Infringement of the reservation clause.
    16.3.2. Company dissolution.
    16.3.3. Non-payment of service charges.
    You can notify us by mail sent to inci@conferfy.com.

SEVENTEENTH. EFFECTS OF TERMINATION OR RESOLUTION

  • In the event of termination or resolution of this contract, regardless of the causes that motivate it, the PROFESSIONAL accepts and undertakes to take the following actions.
  • Immediately cease the activity as a PROFESSIONAL on the platform vis-à-vis third parties (close or delete the account).
  • Temporary provision: for the sole purpose of not causing damage to the end client or to the parties, the contractual relations will continue only for the purpose of finishing the work in progress and proceeding to the settlement of the economic regime of the same.
  • Immediately cease to identify itself as PROFESSIONAL on the platform and in the use of trademarks, signs and any distinctive sign.
  • Return any documentation in its possession and all confidential information relating to this contract shall be properly disposed of.
  • CONCERFY will proceed to pay the outstanding invoices unless it is entitled to any type of financial compensation that has been generated in accordance with the provisions of this contract.

EIGHTEENTH. NOTIFICATIONS

  • The notifications to be made between the parties shall be made to the e-mail addresses indicated in the heading, without prejudice to the possibility of using any other e-mail address, if so required for the good purpose of the communications.
  • The parties undertake to make the communications required by this contract in writing, with sufficient advance notice by e-mail.

NINETEENTH: PROFILES AND PROJECTS

  • The services (called “PERFORMANCES” or “SHOWS”) will fall into any of the categories identified below, musician, singer, DJ, lighting technician, sound technician, lighting technician, runner, set-up and production and must be categorised in one profile or several, if it is a PROFESSIONAL dedicated to a musical speciality or several specialities. CONCERFY guarantees that each and every one of the registrations are free and that the same user and password can be used to manage the different profiles as well as the projects.
  • This does not prevent the incorporation of new profiles and projects during the term of this agreement, which should not, therefore, be reflected in a new document, as these new services will be incorporated by annexing them to this initial contract and will in no way alter the essence of this contract. Each profile or project may have its own characteristics.

TWENTY. PROMOTIONAL MARKETING ACTIONS

In order to carry out promotional actions of marketing, advertising or offering our services, unless the Client refuses in writing, CONCERFY may mention the Services with a generic reference to the nature or character of the same, as well as those other data that are in the public domain generic reference to the nature or character of the Services, as well as any other information that is in the public domain. A For these purposes, CONCERFY may use the Client’s trade name and/or brand name..

TWENTY-FIRST. SOUND AND IMAGE RIGHTS CLAUSE

  • The PROFESSIONALS guarantee that they are the same ones who perform in the videos and audios that are uploaded to the platform, being forbidden to impersonate the identity of another person or another group taking advantage of the good faith that CONCERFY has in its musicians and technicians.
  • By uploading audios, photos or videos to our system (e.g. by submitting a comment) you certify, warrant and confirm that you are in possession of the copyright of the photo/audio/video and that you agree that CONCERFY may use those files on its websites, apps and promotional materials (online and offline), as well as in any publications that CONCERFY deems appropriate. By doing so, you grant CONCERFY a non-exclusive, universal, irrevocable, unconditional and permanent right and license to use, reproduce, display, communicate and make available the photos/audios/videos in any way CONCERFY deems appropriate. By uploading such data, the uploader accepts legal and moral responsibility for any and all legal claims made by a third party as a result of CONCERFY’s use and publication of such data. CONCERFY does not own or endorse the uploaded photos/audios/videos in any way. The veracity, validity and right of use of all photos/audios/videos shall be assumed by the person who has uploaded the photo, and shall never be the responsibility of CONCERFY. CONCERFY denies any responsibility or liability for all published data. The person who has uploaded the data guarantees that the data does not contain any viruses, Trojan horses or infected files, or any pornographic, illegal, obscene, offensive, objectionable or inappropriate material, and does not infringe the rights (intellectual property, copyright or privacy) of third parties, on pain of incurring a flagrant offence against CONCERFY, which reserves the right to take appropriate legal action. Any data that does not comply with the aforementioned requirements will be removed and/or may be deleted by CONCERFY at any time and without prior notice.
  • To this end, the PROFESSIONAL has its own means to offer performances of sufficient quality and professionalism to commit to one or more performances, in accordance with an established or pre-established repertoire, date and place previously determined at the CONTRACTOR’s request.

TWENTY-SECOND. TECHNICAL AND HUMAN RESOURCES

  • The PROFESSIONAL must have the technical and human resources to fulfil its commitments, whether it is a single PROFESSIONAL or a group.
  • The PROFESSIONAL must be in possession of all the reproduction rights of the songs and repertoires included in his performance and in no case will CONCERFY be responsible for this procedure, in the event that the copyright does not exist because the estimated legal period in Europe to demand them has passed, it will not be necessary to take any action whatsoever. CONCERFY is not responsible for any administrative or judicial claim by the SGAE or any other organisation as it does not act in any case as the PROMOTER of the event.
  • In any case, the use, by the PROFESSIONAL, of contractors, subcontractors, temporary employment agencies and freelancers or any other form of contracting, for the execution of the work or service object of this contract, shall be subject to current legislation and the conditions established by CONCERFY in this contract, which will be, in any case, alien to the working conditions of the staff dependent, directly or indirectly, of the PROFESSIONAL, as well as the responsibilities, of any kind, that may arise from them.
  • The PROFESSIONAL undertakes, in all cases, to comply with the obligations imposed on the employer by Law 31/1995, of 8 November, on the Prevention of Risks at Work, as well as all regulations and rules, in all cases. 31/1995, of 8 November, on the Prevention of Occupational Risks, as well as all the regulations and standards, in the the scope of this Prevention, which may be applicable.

TWENTY-THIRD. ARTISTIC SOLIDARITY AND GUILD SUPPORT CLAUSE
The PROFESSIONAL will act in such a way that if there is a cancellation that does not compromise an indispensable element of the group -such as the singer or the first violin of a quartet for example, as long as it is not a contracted profile but a project-, it will be the same PROFESSIONAL who, before cancelling an event, will try to look for and hire a substitute in some profile within the platform in such a way that it supports another colleague who could successfully defend the work, try to look for and hire a substitute in some profile within the platform in such a way that he/she supports another colleague who could successfully defend the work, making a small gesture towards the community of musicians, since one of the pillars on which CONCERFY is based is that it is a means for PROFESSIONALS to help each other.

TWENTY-FOURTH. REGULATORY COMPLIANCE

In general, by way of example and not limitation, the PROFESSIONAL is obliged to observe compliance with the regulations on taxation, environment, health, safety at work and protection of personal data that regulate the activity of CONCERFY.

TWENTY-FIFTH. PARTIAL NULLITY OR INVALIDITY

If at any time any part of the contract is declared invalid, void, voidable, illegal, unenforceable or unenforceable, such invalidity, nullity, illegality, unenforceability or unenforceability shall not affect the validity, legality or enforceability of the remainder of the contract, which shall remain in full force and effect and shall be reinterpreted and performed as far as possible in accordance with the intentions of the Parties at the time of its conclusion, having regard to its original wording.

TWENTY-SIXTH – FULL AGREEMENT

The GTC and the contract, and all appendices thereto, constitute the entire agreement between the Parties with respect to the Services and supersede all other oral or written agreements, covenants, offers, representations or undertakings relating thereto. Services, and supersedes all other oral or written agreements, understandings, offers, representations or undertakings relating thereto.
Any representations, promises or conditions subsequent to the contract which are not in writing and duly signed and incorporated into the contract shall not be binding.

TWENTY-EIGHTH – CUSTOMER SATISFACTION

If, at any time, any user of the platform would like to make a proposal to CONCERFY on how the Services could be improved or is dissatisfied with them, he/she may contact CONCERFY through the contact e-mail address .
the provision of the Services could be improved or if they are dissatisfied with the Services, they may contact CONCERFY via the contact email address contact@concerfy.com. CONCERFY will investigate any signs of dissatisfaction that are brought to its attention and will make every effort to resolve them.

TWENTY-NINTH – LEGISLATION AND JURISDICTION

The contract and all relations between the Parties shall be governed by Spanish law.
With express waiver of any other jurisdiction that may be applicable, the Parties agree to submit any matter arising from the fulfilment, execution or interpretation of the contract or the Services to the the fulfilment, execution or interpretation of the contract or the Services to the Courts and Tribunals of the city of Murcia, Spain.