General Terms & Conditions
General Terms and Conditions 360 Artist Management
360 Artist Management, established in Diemen, Chamber of Commerce no. 86521438.
Customer: the party with 360 Artist Management has entered into an agreement with.
Parties: 360 Artist Management and customer together.
These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of 360 Artist Management.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customers or third parties.
All prices used by 360 Artist Management are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, unless expressly stated otherwise or agreed otherwise.
360 Artist Management is entitled to adjust all prices for its products or services, shown on its website or otherwise, in any time.
360 Artist Management will communicate price adjustments to the customer prior to the moment the price adjustment will become effective.
The customer has the right to terminate the contract with 360 Artist Management if he does not agree with the price adjustments.
The VIP subscription has a starting price from €299,00,- and can be adjusted on the customers needs. This will always be upon agreement of both parties. This price is based on having ten or less bookings per calendar month and staff members that will spend a dedicated maximum of 15 hours a month into your career growth.
Payments and payment term
Products and services are immediately paid for.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without 360 Artist Management having to send the customer a reminder to put him in default.
360 Artist Management reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
By making a payment you may agree to the terms and conditions of WIX Payments, Adyen B.V. and Stripe.
Consequences of late payment
If the customer does not pay within the agreed term, 360 Artist Management is entitled to terminate the contract immediately. This will revoke access to our platform and your released work will be taken down.
In the event of liquidation, bankruptcy, attachment, or suspension of payment on behalf of the customer, the claims of 360 Artist Management on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by 360 Artist Management, he is still obligated to pay the agreed price to 360 Artist Management.
Right of withdrawal
360 Artist Management has the right to terminate any contract without any reason. If this happens the consumer will have no payments left and remains to use the services provided by 360 Artist Management until the last day of the payment period. If 360 Artist Management terminates the contract immediately it will offer a refund for the last payment.
360 Artist Management may still collect payments for costumers that have ended their contract. In this case the 360 Artist Management will save these payments in a cooldown period of 2 years since the last payment date within the contract. After the cooldown period the 360 Artist Management will contact the costumer and make a one time payment with all the collected payments. All payments received after the cooldown period will not be paid out.
In the event that 360 Artist Management is unable to reach out to its costumer it will save collected payments for 1 year after the cooldown period. After 1 year the collated payments will be owned by the 360 Artist Management.
Reimbursement of costs
If the purchase cost and any other costs such as delivery costs are eligible for reimbursement according to the law, 360 Artist Management will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has stopped or returned products or services to 360 Artist Management in time.
The costs for the return are only reimbursed by 360 Artist Management if the complete order is stopped or returned.
Right of retention
360 Artist Management is never liable for any damage that the customer may suffer as a result of using his right of retention
Retention of title
The customer is the owner of the delivered products and services. For example, the released work will remains in ownership of the customer.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products or services.
Performance of the agreement
360 Artist Management executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
360 Artist Management has the right to have the agreed services (partially) preformed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
It is the responsibility of the customer that the 360 Artist Management can start the implementation of the agreement on time.
Duty to inform by the customer
The customer shall make available to 360 Artist Management all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from nature of the agreement.
If and insofar as the customer requests this, 360 Artist Management will return all relevant documents.
If the customer does not timely and properly provides the information, data or documents reasonably required by the 360 Artist Management and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the costumer.
Duration of the service agreement
The agreement between the 360 Artist Management and the customer is entered into for an indefinite period of time, unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
If a fixed-term agreement had been entered into, it will be tacitly converted into an open-ended agreement at the end of the term, unless one of the parties terminates the contract with due observance of a notice period of one month causing the agreement to end at the end of the fixed term.
Cancellation of the agreement for an indefinite period of time
A consumer and the 360 Artist Management may terminate the subscription at any time, without any reason. This will mean that the subscription stops at the next payment date. Therefore there will be no payments due. The consumer remains to use the services provided by 360 Artist Management until the last day of the payment period.
360 Artist Management retains all intellectual property rights (including copyrights patent rights trademarks rights, design and design rights, etc.)
The customer may not copy or have copied the intellectual property rights without prior written permission from the 360 Artist Management, nor show them to third parties and / or make them available or use them in any other way. With the exception for marketing purposes.
The customer keeps any information he receives (in whatever form) from the 360 Artist Management and its staff confidential.
The same applies to all other information concerning the 360 Artist Management of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to the 360 Artist Management.
The customer takes all necessary measures to ensure that he keeps the information refers to in paragraph 1 and 2 secret.
The obligation of secrecy described in this article does not apply to information that was already made public before the customer heard about this information or which later became public without being the result of a violation of the customer’s duty to confidentiality or in which is made public by the customer due to a legal obligation.
The confidentiality obligation described in this article applies for a duration of the underlying agreement for a period of 3 years after the end thereof.
If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of the 360 Artist Management an immediately due and payable fine of €1.000,- if the customer is a consumer and €5.000,- if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
No actual damage, prior notice or default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
The forfeiture of the fine refers to in the first paragraph of this article shall not affect the other rights of the 360 Artist Management including the right to claim compensation in addition to the fine.
The customer indemnifies the 360 Artist Management against all third-party claim that are related to the products and/or services supplied by the 360 Artist Management.
The customer must examine a product or service provided by 360 Artist Management as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform 360 Artist Management of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that the 360 Artist Management is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to 360 Artist Management being forced to perform other work than has been agreed.
The customer must provide any notice of default to the 360 Artist Management in writing.
It is the responsibility of the customer that a notice of default actually reaches the 360 Artist Management (in time).
Joint and several Client liabilities
If the 360 Artist Management enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to the 360 Artist Management under that agreement.
Liability of 360 Artist Management
The 360 Artist Management is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If 360 Artist Management is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
The 360 Artist Management is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If the 360 Artist Management is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from the 360 Artist Management shall, in any case, expire within 3 years of the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
The customer has the right to dissolve the agreement if the 360 Artist Management imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by 360 Artist Management is not permanent or temporarily impossible, dissolution can only take place after the 360 Artist Management is in default.
360 Artist Management has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give 360 Artist Management good grounds to fear that the customer will not be able to fulfill his obligations properly.
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of the 360 Artist Management in the fulfillment of any obligation to the customer cannot be attributed to the 360 Artist Management in any situation independent of the will of the 360 Artist Management , when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from the 360 Artist Management
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which the 360 Artist Management cannot fulfill one or more obligations towards the customer, these obligations will be suspended until the 360 Artist Management can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
The 360 Artist Management does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation. Modification of the agreement If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
The 360 Artist Management is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by the 360 Artist Management with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with 360 Artist Management to third parties without the prior written consent of 360 Artist Management
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what the 360 Artist Management had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where the 360 Artist Management is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.
Drawn up on 09-05-2022