Terms of Service.

Last updated: July 2022

1. AGREEING TO THE TERMS AND CONDITIONS

By registering yourself as a 'User', defined as 'Model' or 'Brand/Client' you have accepted these Terms of Service of Egas BV, registering with the Chamber of Commerce of Amsterdam 84836083 with an office located at Keurenplein 4 1069CD Amsterdam, you agree to the terms, policies and procedures described in the Service between you, your company (as legally represented) and Egas.

PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY BEFORE ACCEPTING THEM WHILE REGISTERING!

When you accept, you acknowledge that you have agreed to and understood these Terms and Conditions while browsing and registering.

Egas has the right to change these Terms and Conditions at any time. By using any Egas Service on or after the effective date, you agree to (potentially) modified Terms and Conditions. If you do not agree to them, you must delete your account before they take effect, otherwise your use of the Service and Content will be subject to the new Terms and Conditions.  Please note that if you already had paid PROJECT through the Services, we must deactivate your account to comply with Dutch tax law. After 7 years, we will delete your account.


1 b. Scope of Service.

Egas BV is described as "Egas", "we", "us" or "our" and provides Service through services via website www.egas.world (the Website), LMS and subdomains via Web Services which are available via Mobile phone and Laptop/desktop together called Service.  We provide a platform that serves clients (brands / companies) and talents (models) to find each other and we unburden both parties when they want to do business with each other.

If client and talents want to do business, and they accept the terms regarding an assignment, Egas is not a contracting party between them. As such, we do not offer work to the talent.

Egas is not a Contractor for the services agreed upon between Egas Users. The Users are responsible for the execution and/or performance of the agreements made between them.

Egas is not responsible or liable for breaches of any kind between parties.

 

These Terms and Conditions constitute the "Contract" between Egas BV and User.

To define the Service, and where applicable, "Egas, we us, our" may also include a reference to affiliates, suppliers, partners and other third parties that we may engage or otherwise cooperate with.

 

2. SERVICE.

A Description.

The (booking)platform enables professionals in the marketplace ("Customers") to search for and contract talent for Assignments. An Assignment is booked through the Service called a "PROJECT". Clients and talents together are "users". All Clients who communicate with you within the Service of  Egas are necessarily bound by these "GENERAL TERMS AND CONDITIONS" including B or C section, specifically aimed at Models or Clients, with respect to the rules as registered clients.

B Customers.

Models, talent can browse Talent's photographic portfolio by using the Service. Clients can also use the search system to find the best talent for their PROJECT. If a Client wishes to hire a Talent, they can do so through the booking process provided by the Service, and if the Talent agrees to perform PROJECT, Client will pay the Talent through the Service. More information follows in Section C.

C Talent.

The Talent may accept the invitation request, make a request and ultimately accept to be booked for PROJECTS through the Service, once requested by a Customer for the agreed "price", VAT, including any fees (if any). All terms and conditions will be set out in the relevant booking form for each PROJECT. The Talent will be paid for a PROJECT through the Service upon completion of the PROJECT. The Talent may also provide the Service with its own profile, desired daily or hourly rate, required travel arrangements and image portfolio.

D Relationships.

Egas is not a Contractor for the services agreed upon between Egas' Users (Talent and Client). Only the Users are responsible for the execution and/or performance of the agreements made between them; therefore, Egas shall not be liable for any breach of such agreements By accepting an option request/ PROJECT booking, Talent and Client acknowledge that they have read, understood and agree to be bound by the Booking Confirmation Form.

E Access to Web Application.

The Web Application can be accessed via a Laptop, Desktop, cell phone, tablet or other wireless device (collectively, "Access Services").

Your providers' standard rates and charges for messages, data and other services apply to your use of the Egas Services. Check your provider's terms and conditions to see what can and cannot be done when you want to use the Egas Services. This is your responsibility as well as checking your connectivity which is required to use Egas' Services.

 

3. REGISTRATION

A Register Login.

The Service can be used when you sign up as a user. If you are a Talent, you can choose 'For Models' or 'For Brands', via the website www.egas.world, depending on what suits you(r) (company).

You must provide your personal data or the data related to the client/company you represent and your email address will be verified, as well as your cell phone number.

The data required to work within the Platform of Egas will be verified for accuracy.  See also the Privacy Policy of Egas.

B User Account Responsibility.

The data that you will enter or create will be your sole responsibility. You are also responsible for the security of your account and are fully responsible for all activities that occur through the use of your login credentials.

You agree to notify Egas immediately at support@egas.world if you suspect or know of any unauthorized use of your login credentials or any other breach of security of your account. Egas will not be liable for any loss or damage arising from the unauthorized use of your login credentials before you have notified Egas of the unauthorized use or loss of your login credentials. The owners and/or operators of External Sites (as defined below) may require separate login credentials to access those External Sites.

C Use.

Being a User of the Egas platform is accomplished through any subscriptions. A fee will be charged to complete a booking transaction between a Company/ Customer/ Client (Brand) and a Talent . Egas reserves the right to change this policy at any time without notice and may make the decision to charge other fees, such as "premium services", i.e. hosting, storage data for the photo files, video or other Egas software and/or technical support in some way. Egas reserves the right to determine these monies, subscription fees, invoices and charges, etc.

D Validation Information.

By creating an Account, you agree to provide true, accurate, current and complete information as requested in the registration forms required by Egas, including, but not limited to, your tax identification number, tax registration or VAT number.

We reserve the right to read your communications, even without your consent or knowledge, which are relevant to perform the Service of Egas

Accept.


4. License of Service.

Egas hereby grants you, either personally or to the Company you represent, a limited, revocable, non-transferable license to access and use the Service as described in Section 1 et seq.

By accepting these terms and conditions, you agree for yourself or for the company you represent that you will continue to handle PROJECTs/projects/assignments via the egasand thus will not complete any assignments outside of Egas bv with each other. If you still have to deal with each other outside of egas regarding an order, you owe us ten times the respective order value(s), which is immediately collectable by egas bv.

 

5. Intellectual Property Rights

A Content.

Except for User Materials (as defined below), Content made available on or through the Service  of Egas , including, but not limited to, text, graphics, photographs, software and interactive features, may be copyrighted or protected by other intellectual property rights and is the property of Egas or Egas' licensors (the "Egas Content"). You may not copy, reproduce, upload, republish, transmit, post or distribute in any way material from the Service unless you have obtained the express written permission of the copyright owner of such material in advance or as otherwise stated in these Terms of Service or permitted by the features of the Service. You may not modify any material obtained through the Service unless you have obtained the prior express written permission of the applicable copyright owner. For any other use of materials made available on or through the Service, you must obtain prior written permission from Egas or the copyright owner. Egas is the sole owner of all design rights, database and compilation and other intellectual property rights in the Service, whether registered or unregistered, and goodwill associated therewith.


B Trademarks.

The trademarks, service marks and logos of Egas (the "Egas Marks") used and displayed on the Service are registered and unregistered trademarks or service marks of Egas. Other product and service names on the Service may be trademarks or service marks owned by third parties (the "Third Party Marks" and together with the Egas Marks the "Marks"). Nothing on the Service or in these Terms shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Service without the prior express written consent of Egas for each use. You may not use the Trademarks to disparage Egas or the relevant third party, Egas' or any third party's products or services, or in any way (in Egas' commercially reasonable judgment) that could damage the goodwill of the Trademarks. You may not use any Marks as part of a link to or from a Service without the prior express written permission of Egas. All goodwill arising from the use of any Egas Trademark shall insure solely to the benefit of Egas.



C Restrictions.

You may not sell, transfer, assign, license, sublicense or modify the Egas Content or the Appication/ Service/ Platform/ App/ Website or any other definitation related to the services Egas provides, and you may not reproduce, display, publicly perform, create a derivative work from, distribute or otherwise use the Egas Content for any public or commercial purpose. The use or publication of Egas Content on any other website or network computer environment is expressly prohibited. In addition, you may not attempt to modify or create any source code for the App, Updates or any part thereof (unless any of the foregoing restrictions are prohibited by applicable law). If you violate any part of these Terms of Service, your right to access and/or use the Egas Content and the Egas Service will automatically terminate and you must immediately destroy any copies you have made of the Egas Content.

D User Data.

User agrees that Egas may use your name and brand as a user reference and may publicize and advertise the fact that you are using the Egas Platform and Services. Other Talents or Clients cannot see any data of competitors, except for a photo/logo on the homepage. Also see article 12B.



6. Charge for use of the Service.

The Service is available for use by individuals who are working in the modelling industry, want to start doing so or as a Company/Organization wanting to find models for their projects/campaigns.



7. PROJECTs/ Projects/ Assignments.

Clients can create PROJECTS, deploy and find Talents through the Service. You can then book them. You will fill in the data affiliated with the PROJECT truthfully. Egas has the right in its sole discretion to refuse or remove any PROJECT that Egas reasonably believes violates The Terms of Service or is otherwise illegal or inappropriate.

Disable PROJECT.

Customers can create PROJECTS, deploy and find Talents through the Service. You can then book them. You fill in the data affiliated with the PROJECT truthfully. Egas has the right in its sole discretion to refuse or remove any PROJECT that Egas reasonably believes violates The Terms of Service or is otherwise illegal or inappropriate.

PROJECT Search.

You may be contacted as a Talent/Model by a client for a PROJECT. You also have the option to respond to a PROJECT yourself. Both sides can renegotiate the rate via Inbox/ chat functionality. The base rate is the starting point.

As a client/principal, you can accept the booking and then draw up a pro-forma contract via the offered contracting module. After digital signature, you commit yourself as a client to pay costs related to the booking in accordance with the agreed amount including fee, as agreed in these terms and conditions. Only when this amount has been received by the payment processor will the booking be confirmed. If at any time you accept a booking from a customer previously introduced to you by Egas and that booking is made outside the Egas platform without Egas' consent, Egas will charge you for that order and for any subsequent orders involving you and the Customer and reserves the right to block your account.

Cancellation by Client.

Users may cancel PROJECTS booked through the Service. The terms, conditions and consequences of cancelling PROJECTS are governed by these Terms and Conditions and the relevant booking confirmation form. The fee as agreed will still be charged by Egas to the Client.

Role of Egas in process.

Once you have successfully completed a booking of PROJECT through Egas with a Client, the following parties involved in this process are the Client, the Talent and Egas.

Egas is only involved in the transaction for the following reasons:

  • Providing the Service as previously described (hosting, order creation, search enablement, database management and user management) to Clients and Talents;
  • Payment process monitoring and assisting if the payment services used by Egas BV needs attention.

The agreement is established between Client(s) and Talent without recommendation from Egas. Egas does not make any decision on the suitability of the Talent for a particular assignment. The only persons responsible for the decision and suitability of the Talent's performance for an Assignment are the both parties, the Talent and the Client. Egas only provides a Service to assist in the process of searching and finding, including related services such as Contracting, payment processing and communication provision and is in no way considered a mediator, agent, agency or representative of Talent booked.

Egas business practices.  As an intermediary between Clients and Talent, Egas does not impose any rules of involvement or cooperation on Users in their transactions for a particular PROJECT; nevertheless, to avoid misunderstandings and with the goal of minimizing the possibilities of CONTROVERSES between Users, Egas strongly recommends that when accepting the PROJECT, that both parties agree in advance on common and fundamental business understandings that Egas has hereby facilitated for your convenience, but may not be exhaustive. You are therefore also responsible to check these and agree to them separately where necessary.  The terms and conditions are contained in The Project Agreement which is explicitly an agreement between Client and Model.

Invoicing - Invoices will be prepared immediately and Client will pay immediately upon issuance of the Assignment. Model will pay its fee when the Assignment is completed.

8. Duration of Service.

The validity period of a subscription is one (1) year. As a company/ Client you can choose between pay per order (pay-per-use), or for a single user subscription or a corporate subscription the service is the same. Please contact us at sales@egas.world for this.

 

9. Privacy and Personal Data.

Egas values your Privacy and the safe storage of your personal data. We therefore make every effort to keep this data well secured. We will be vigilant to look after data properly. By engaging Egas, you agree to these Terms and Conditions and the Privacy Policy (collectively referred to as "Terms").

The Privacy Policy is available on this page.

Should you have any questions, tips, or comments we invite you to contact us at Privacy@egas.world 

10. Communication.

We may need to communicate with you as a user, about the server, such as important maintenance announcements and or administrative notices, via text message, email or other electronic communication means, this may be done by posting a notice on the website or via other relevant communication channels.

Egas may send promotional information via text message, email or other electronic communication means. You may choose to opt in to receiving such communications and can manage your consents on the Settings page at https://www.egas.world.

 11. Integrations.

Available functionality that allows you to integrate with other services ("Integration Service") may be provided in our Service. Use of such services is subject to the Terms of Service applicable to the Integration Service used. Currently, these include, but are not limited to, YouTube's Terms of Service, Google Drive's Terms of Service, and Atlassian's Terms of Service.

When you use the Service or third-party integrations with the Service, you may be exposed to commercial messages and advertisements. The Website and Service may contain links to third-party websites. These links are provided solely for your convenience and not as an endorsement by Egas of the content of such third-party websites. Egas excludes any responsibility for the content of linked third-party websites. EGAS IS IN NO WAY LIABLE OR RESPONSIBLE IF YOU CHOOSE TO COOPERATE WITH SERVICES OR COMPANIES THAT DO NOT COMPLY WITH DUTCH LAW.

12. Intellectual property rights.

12.1 Egas

All right, title and interest in the Service (excluding User Content) are and will remain the exclusive property of Egas B.V. The Service and its content are protected by copyright and other intellectual property rights in your country of residence and abroad.

Except for the limited, personal, non-exclusive, non-transferable and revocable license granted to you for the sole purpose of your use of the Service in accordance with the Terms, you are not granted ownership of or license to any intellectual property rights in our Service or in the content owned by us, our partners, which you access through the Service.

The trademarks, logos, domain names and other similar signs or symbols displayed on the Website or as part of the Service are the registered and unregistered marks of Egas BV. Nothing in the Terms grants you the right to use such marks.


12.2 Limited Waiver of Rights by User. 

User agree that Egas may use your name, logo, portrait photo and brand as a user reference in sales material. on the homepage and publicize and advertise the fact that you are using the Egas platform and Service.

You represent and warrant that you own the User Content submitted by you or otherwise have the right to submit such User Content and grant us such license.

By posting User Content on or through the Service, you waive all rights of privacy, publicity or other rights of a similar nature in connection with your User Content or any part thereof. To the extent moral rights are not transferable or assignable, you hereby waive the assertion of moral rights and agree not to support, maintain or permit any action based on moral rights you may have in or relating to User Material you post through the Service during the Term. You shall indemnify Egas and all of its agents, partners, subsidiaries, affiliates, licensees, successors and assigns from any and all claims, demands, liabilities or causes of action, known or unknown, for defamation, copyright infringement, moral rights infringement, invasion of privacy, right of publicity or similar matters or arising out of this Agreement.

13. Pricing and Payments.

One domain (one user) is created per client/client for companies/enterprises. You have the option to create a subsidiary account, such as your own My Egas(enterprise) environment, company name or project name. The person who has subscribed as a delegated user of the registered company (user), to invite other users to create a profile in the account. By signing up for a paid account, you confirm that you are a legal representative or are acting on behalf of such a person of the company name used in the account subdomain. You may not establish an account that impersonates or infringes on the trademarks of others. If your content or actions in the service or use of our API violate any laws, including but not limited to spam, phishing, copyright infringement, computer attacks or fraud, we will terminate your service.

Details of API usage and billing are described in the Contracting Phase to which you commit as a customer within the platform. We will notify all users who have paid for the Service of material changes to the content, price and terms of the plan.

You can find more specific user-related information in Sections B (Talent) and C (Client).

All payments are charged in advance. If your payment fails, your account will be deactivated and the data will be retained for up to 3 months for reactivation. After that grace period, your data will be deleted. Fees associated with the PROJECT/ Assignment will be paid in advance by Egas, after the shoot and after giving a review, we will issue the Talent/ Model the order to pay out within 48 hours.

14. Termination membership.

You can cancel the subscription at any time in the account settings and you will then have access to the account features for the rest of the month you paid for. When that month ends, your account will automatically be deactivated. It will also be retained for up to 3 months for reactivation. After that grace period, your data will be deleted.

If payments have taken place, we will according to the rules / legislation regarding the Dutch tax system, keep the relevant data for 7 years.

If you choose to reactivate your subscription before the account is deactivated, you will continue to have uninterrupted paid features.

In the event that the payment for paid Subscriptions fails, you will be notified by email and in the Service / account settings. If repeated attempts to collect payment fail, we may disable or block access to the account until payment of all invoices is made. If payment is not received within a reasonable period of time, as described in our support center, the account will be deactivated or deleted (if desired) and the data will be retained for up to 3 months for reactivation. After that grace period, also mentioned earlier, your data will be deleted.

Egas grants a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software provided by us to you as part of the Service for your personal or business use, which may be related to a School or other type of Entity. This license is solely for the purpose of enabling you to use the Service as provided by us, subject to these Terms.

Payment Processing Services for Egas, including the processing and storage of credit card information, are provided by e.g. Mollie (or similar payment service) and are subject to the terms of Dutch Law and the terms of relevant parties such as Mollie, or any successor financial service provider linked to our platform. By agreeing to these terms, you agree to be bound by the Services Agreement as a whole. As a condition of enabling payment processing services by Egas, you agree to provide Egas with accurate and complete information about you and your company and authorize Egas to share this information and transaction information related to your use of the payment processing services provided by Mollie with Mollie or any other payment service.

15. Restrictions on content and use of the service

A. General

Egas also reserves the right to access, read, retain and disclose any information as we reasonably believe necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to requests for user support, or (v) protect our rights, property or safety, our users and the public.

We reserve the right to report illegal activity to applicable authorities.

Prohibited user content includes, but is not limited to:

  • Infringing content on copyrights, portrait rights, trademarks or other rights of individuals or companies;
  • Sensitive personal information, unrelated to Service;
  • Restricted or password-accessible pages or hidden pages or images not containing:
  • Malware, spyware, phishing activities injections/implementations or invitations;
  • Discrimination;
  • Hate spreading, slander or libel;
  • Aggression of any kind ;
  • Content or references to pornographic or related material;
  • Sharing false or misleading information or illegal activities or conduct that is offensive;
  • Threatening, obscene, defamatory or libelous;
  • Solicits passwords or personal information from other users; or;
  • Harms or threatens the rights of other users or the Service.

If objectionable content is found by you on the Service, please email support@egas.world. Egas reserves the right to deactivate the user, and if suspected of violating the Law, to report it.

You understand that by using the Service you may be exposed to Content that may be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases Content that is mislabeled or otherwise misleading[SK8] . In no event shall we be liable in any way for any Content, including, without limitation, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of Content generated or made available through the Service.

B. Prohibition on use.

Prohibited is the following while accessing or using the platform:

  • When using the platform, you agree not to provide false personal information to Egas.
  • Not take any action that imposes an unreasonable burden on the platform's infrastructure.
  • Not take any action to circumvent, damage, disfigure, or otherwise interfere with the Service, or any other manner such as.
  • Use any device, software or router to interfere or attempt to interfere with the proper functioning of the Service or any activity performed on the Service.
  • Attempt to decipher, decompress, disassemble, or reverse engineer any software that comprises the service.
  • Remove or modify any materials posted to the Service by Egas or any other person or entity.
  • Publish, transmit or otherwise make available any viruses, worms, spyware or other computer code, files or programs that may disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment or computer connected to the Service, or that may purport to do so.
  • Disrupt or interfere with the Service, networks or servers connected to the Service or violate the rules, policies or procedures of such networks or servers.
  • Not use logos, Trademarks, design marks, logos, pictures or other content owned by Egas or obtained through the Service.
  • Access, tamper with, or use non-public areas of the Service, Egas' (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Egas' suppliers.
  • Harass, abuse, harm or advocate or incite the harassment, abuse or harm of any other person or group, including employees of Egas.
  • Create a false identity or impersonate another person or entity in any way.
  • Create a new account with Egas without the express written permission of Egas if Egas has previously disabled one of your accounts.
  • Request or attempt to request personal information from other users.
  • Restrict, discourage or prevent any person or company from using the Service, disclose personal information about a third party on or through the Service without that person's consent, or collect information about users of the Service.
  • Use the Service to send email or other communications to people you have asked not to send them communications.

The Service may contain cryptographic functionality where its export may be restricted under applicable export control laws. You may not export or re-export the Service or any part of it in violation of any such laws or regulations.

If you notice any breach as described within section A or B as above, please report it directly via support@egas.world


C. Messages.

The Service allows users to send messages ("Messages") to each other. Sending Messages is a privilege, not a right, and Egas may terminate such privileges of any user at any time, for any reason, without liability to such user. Harmful, obscene or offensive messages are not welcome in Messages. If a user sends you an offensive message, please notify us by sending an email to support@egas.world. You must use discretion, and common sense when sending a message.

You are solely responsible for the content of any message you send. Thus, you cannot discharge yourself by saying that someone has sent messages through his/her account. You agree to take reasonable precautions in all interactions with other users, particularly if you choose to communicate with another user offline or meet with them in person. You agree that Egas may monitor messages for compliance with these Terms and therefore messages may not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your messages in connection with facilitating their transmission to the intended recipient through the Service and for any other purpose that Egas, in its sole discretion, deems appropriate.


16. Liability and Warranties

Disclaimer of Warranty. Egas provides the Service to you "as is." You acknowledge that the Service is not error-free. You use it at your own risk and discretion. This means that the Service is not provided with any warranty. None expressed, none implied. The Service will be continuously developed and you acknowledge that changes in functionality and layout may be made without notice. Egas makes no warranties, express or implied, as to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service. Egas will need to perform updates and maintenance of the Service from time to time, for technical, security or operational reasons, during which time the Service may not be available. Egas will use reasonable efforts to arrange for updates and maintenance outside of peak usage times. Of course, it is in our best interest to provide you with the best service possible.

In addition, Egas is not responsible for incorrect entries of Talents/Models, Coaches, Companies/Legal entities or otherwise.

Limitation of Liability.

Egas shall not be held liable if users are unable to contact each other through the platform with respect to such agreements.In no event shall Egas BV be liable for any direct, indirect, punitive, incidental or consequential damages, lost profits or damages for loss of data or business interruption arising out of the use or inability to use the Service and Content, whether based on warranty, contract, tort (including negligence) or any other legal basis, even if the Egas Party has been advised of the possibility of such damages. In any event, Egas' liability and the liability of any other Egas Party to you or any third party is limited to €100.

Indemnification. 

You agree to indemnify, defend and hold Egas and its affiliates harmless from any and all claims, liabilities and expenses (including reasonable attorney's fees) arising from your misuse of the Service in violation of the Terms or applicable law. Egas reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You must cooperate in good faith with Egas in asserting any available defenses.

Partial Disability. 

If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or portions), conditions and provisions will remain valid and enforceable to the fullest extent permitted by law.

Force Majeure. 

Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, errors or downtime in networks, power supply, gateway or similar communications failures. Neither party shall be liable, other than for payment of money due, for failure to perform any of their contractual obligations arising out of or related to force majeure events.

Task.  Egas shall be entitled to assign its rights and obligations under the Terms, in whole or in part, in its sole discretion, to a third party.

Indemnification.

You agree to defend, indemnify and hold harmless Egas B.V. and its affiliates from and against any and all claims, actions or demands, including, without limitation, reasonable attorneys' fees and accounting costs, arising out of your actual or alleged violation of these Terms of Service or your access to, use of or misuse of the Egas Content or Services. Egas will notify you of any such claim, action or proceeding. Egas reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this section. In such a case, you agree to cooperate with all reasonable requests to assist Egas in the defense of such matters.

Validity of Terms.

If 1 of the articles, or portions thereof, are declared invalid, it applies only to the sentence in question. The rest shall remain in full force and effect.

Choice of Law and Dispute Resolution. The Terms shall be governed by and construed in accordance with Dutch law. Any dispute, controversy or claim arising out of or related to the Terms is subject to the jurisdiction of the Dutch courts.

Any dispute, controversy or claim arising out of or related to the Terms shall be subject to the jurisdiction of the Dutch courts at the Utrecht District Court.

 

17. Termination of Agreement (These Terms and Conditions).

You can stop using our Service by deleting your account in Settings on your personal account on your profile of the Service.

As a subscriber to a paid Subscription, you may terminate your subscription at any time and have access to the Service for the remaining (prepaid) billing period. Egas BV reserves the right to terminate the Service and the agreement with you with immediate effect upon written notice to you. Users of paid subscriptions may be entitled to refunds and to the extent described in our Support Center. Users are not entitled to refunds upon termination for violation of these Terms.

What we consider Fair Use is described in our Support Center. We reserve the right to terminate accounts with usage that exceeds the Fair Use Policy.

Delete Account. You may delete your Egas user account at any time without cause. Egas may also delete or suspend your account at any time without cause. You may submit a notice of termination at any time using the contact form available on Egas or by using the "Request to Delete Your Account" button, if available. The cancellation notice must include your registered name and email address.

Your account information will be kept by Egas for 7 years if you have made Assignments through the Service in accordance with Dutch tax law and then deleted . Your account can then no longer be found on the online platform.

Termination of Agreement/These Terms and Conditions. This Agreement will remain in effect until all obligations between the parties have been fulfilled and/or until a dispute arises.

However, provisions protecting Egas (Intellectual Property, the Operation Service, Privacy Law, Liability and Tax Law), shall remain in full force and effect.

Restore Your Account.  Within one year of deleting your account, you may request the restoration of your account so that it is back online on the Platform and you can once again use the Egas Services. By requesting the restoration of your account, you accept these GENERAL TERMS AND CONDITIONS and all Egas policies.

More questions?

You can find answers to the most frequently asked questions about the Service on the Website, or contact our support team at support@egas.world. Most questions are answered within 24 hours. For questions related to these Terms, please contact legal@egas.world



USER AGREEMENT

This is divided into a B and C section:

B is for the Talent/Model

C is for the client/company/principal

B. Terms of service of the Talent/Model 

Following the General Terms and Conditions, which apply in their entirety, the following are the specific terms and conditions for the Talent/ Model.

Use of the Service

A. Use as a Talent/ Model (freelance or if you are registered as a BV)

The Model, MyEgas environment of Egas is only for legitimate individuals (also referring to an entity such as a freelancer, limited liability company) use (personal or business communication). Commercial use of Egas for your own business offerings requires one of our paid subscriptions or the API.

Your use of Egas requires that you have hardware, software and an Internet connection that meet certain recommended requirements, as specified in our Support Center. If the recommended requirements are not met, you may still be able to use the Service, but normally at a reduced quality or performance. Such reduced quality or performance does not entitle you to claim any damages from Egas or compensation in any way.

In order to use the Service, an account is required. To register an account, follow the instructions on the Website or other instructions that may be requested of you. You are responsible for providing and maintaining accurate and up-to-date personal information and for protecting your account information. You may not select or use another person's identity with the intent to impersonate that person. You must use a valid email address and Egas reserves the right to verify it at any time. Egas will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Your account is strictly personal and may not be used by another person without your supervision. Personal also refers to a personal business account, nor will you assign your account to another person. In any event, you are to be held solely responsible for the proper use of the Service through your personal user account.

Talents are responsible for paying the required taxes in accordance with legal obligations and applicable laws within their country of residence.

2.A Age

The services provided by Egas are intended for the professional market and as a result of that focus market, we are available to individuals 18 years of age and older who are conducting legal business. So when you use Egas, you know that you are at least 18 years old.

2.B Using as a Client.

As a user of Service, you acknowledge and warrant to Egas that you have the authority to legally register yourself as a Freelancer/ Indepedent Talent/ Model or legal entity. You also warrant that you will pay the legal amounts due according to the laws in force and applicable in your country.

We may change, terminate or restrict access to any aspect of the Service or your account at any time without notice. We reserve the right to impose use restrictions based on what we consider to be fair or legitimate use, Under a Fair Use Policy.

You are responsible for your use of the Platform, including the legality of any content displayed, shared, uploaded or otherwise made available by you on the Platform ("the User Content"). User Content includes your information or your company's information and you are responsible for ensuring that the Content does not contain Prohibited User Content (as noted below). Your My Egas environments are used to construct the links that identify your account(s). Please note that the Content is yours, but is required to create a search engine. See privacy policy for your rights and the FAQ

3. Price

The person who has subscribed as a delegated user of the registered company (user), to invite other users to create a profile in the account. By signing up for a paid account, you confirm that you are a legal representative or are acting on behalf of such a person of the company name used in the account subdomain. You may not establish an account that impersonates or infringes on the trademarks of others. If your content or actions in the service or use of our API violate any laws, including but not limited to spam, phishing, copyright infringement, computer attacks or fraud, we will terminate your service as soon as we find out.

Details of API usage and billing are described in the Contracting Phase to which you commit as a customer within the platform. We will notify all users who have paid for the Service of material changes to the content, price and terms of the plan.

The prices are:

Talents/Models will be charged €25 per year for creating or maintaining their account.

Talents/Models will pay 10% of the agreed fee (perhaps including Buy-out) on each unique transaction agreed with the Client as Fee for using the platform.

3. Payment.

Payments will be charged in advance, in respect of an annual term (subscription) or upon completion of a contractual obligation with a Client.

The payment of the agreed amount will be made within 48 hours after Talents and Clients have provided a review. If this review is not provided, the payment will be made after 5 working days.

So we ask you to provide a review so that we can continue to provide you with the best matching Principles.



Use of the Service

1.A Using as a Company, Client, Brand


As a user of the Company, you acknowledge and warrant to Egas that you have the authority to register your Company.

As a Company, you may create an upper and child account to manage the Company as a whole.

We may modify, terminate or limit access to any aspect of the Service or your account at any time and without notice. We reserve the right to impose usage restrictions based on what we consider fair or legitimate use, for both free and paid users.

If you are using the Platform on behalf of a company, business or organization (collectively, an "Organization"), you represent and warrant that you (i) are an authorized representative of such Organization; (ii) have the authority to submit an Option Request to Talent on behalf of such Organization, to bind such Organization to this Agreement (The General Terms and Conditions and the relevant related related agreements), a Project Agreement for each PROJECT booked; and (iii) agree to be bound by these Terms.

You are responsible for the use on behalf of the organization you represent of the Platform, including the legality of content displayed, shared, uploaded or otherwise made available by you in the Service ("the User Content"). User Content includes Client Affiliated Content, the newly created content, and you are responsible for ensuring that no Prohibited User Content contains it (as noted below). Your My Egas environments are used to construct the links that identify your account(s). Please note that the content is yours, but is needed to create a search engine. See privacy policy for your rights and the FAQ.

1.B Account

Your My Egas environments are used to construct the links that identify your account(s). Please note that the content is yours, but is required to create a search engine. See privacy policy for your rights and the FAQ.

2. Price

When outsourcing for companies/enterprises, a custom subdomain must be created, such as a My Egas(enterprise) environment, company name or project name. The person who has subscribed as a delegated user of the registered company (user), to invite other users to create a profile in the account. By signing up for a paid account, you confirm that you are a legal representative or are acting on behalf of such a person of the company name used in the account subdomain. You may not establish an account that impersonates or infringes on the trademarks of others. If your content or actions in the service or use of our API violate any laws, including but not limited to spam, phishing, copyright infringement, computer attacks or fraud, we will terminate your service as soon as we find out.

Details of API usage and billing are described in the Contracting Phase to which you commit as a customer within the platform. We will notify all users who have paid for the Service of material changes to the content, price and terms of the plan.

The prices are:

Companies/clients pay 10% on transactions as Fee for using the platform. Companies also have the option to enter into a subscription.

Please approach sales@egas.world for that so that we can provide a suitable proposal.

3. Payment

Payment is made directly at the conclusion of an Order. This is the total sum plus 10% of the fee. Unless you have taken out a subscription. Please inquire about the conditions. You commit yourself to review a model after an Assignment. This is so that we can continue to offer you the best service in the future.

Clients are responsible for paying the required taxes as they are mandatory in their country and applicable laws.