General Terms and Conditions for the use of WWMODELAGENCY.com
By logging on to WWMODELAGENCY.COM, Models and other users accept the following General Terms and Conditions (hereinafter the “GTCs”) for using WWMODELAGENCY.COM. The Models and other users enter into this agreement on the use of WWMODELAGENCY.COM services with WorldWide Agency Group LTD., 5 The Mall, Ealing, London W5 2 PJ. Additional contact information, commercial registry data, as well as the name of the authorized representative of WWMODELAGENCY.COM are accessible via “CONTACT”.
“Professionals”: Agents/agencies, photographers, hair and makeup artists, stylists, other industry professionals and spectators visiting or using WWMODELAGENCY.COM;
“Client”: Company or natural person who is job offer
“Models”: Models visiting or using WWMODELAGENCY.COM;
„User”; Professional, Client, Model or anyone who use WWMODELAGENCY.COM;
“GTCs”: General Terms and Conditions for the use of WWMODELAGENCY.COM by Models and other users;
“Casting System”: Feature on WWMODELAGENCY.COM through which registered Clients are able to book a Model or Professional of legal age (16 years old or over) for a certain job;
„Website Administrator”: WorldWide Agency Group LTD., 5 The Mall, Ealing, London W5 2 PJ
“Total Price”: Total amount that Professionals must pay by PayPal or credit card on WWMODELAGENCY.COM for booking a Model through the Casting System or via after individual arrangement with the Website Administrator or a different form;
“Agreed Date”: End date of the job requested by the Professional to the Model through the Casting System and that has been agreed between both;
“Start Date”: Start date of the job requested by the Professional to the Model through the Casting System and that has been agreed between both of them;
“Agreed Fee”: Fee agreed between the Professional and the Model for the job requested by the Professional to the Model through the Casting System.
„Contents”: All material and intangible content of the user profile, i.e. pictures, films, etc.
- USE OF WWMODELAGENCY.COM
- Subject Matter
1.1 WWMODELAGENCY.COM offers Models a platform for presenting their profiles and photo books and for arranging business contacts, particularly with Professionals and Clients
1.2 Certain limited features of WWMODELAGENCY.COM are offered for free, while the use of the full range of services requires the subscription to our “Premium Services”. Details about the applicable subscription fees for the use of WWMODELAGENCY.COM by Models and Professionals are set forth under ‘Fees‘. The fees listed thereunder are binding. The applicable subscription fee for the service chosen by the Model shall be due immediately upon registration on WWMODELAGENCY.COM. Payments can be made using the various payment methods, or the available online payment systems. The Model may start using the Premium Services if and when WWMODELAGENCY.COM has received the applicable subscription fee.
1.3 The Model acknowledges and agrees that it is technically impossible to achieve 100% availability of WWMODELAGENCY.COM. WWMODELAGENCY.COM shall nonetheless endeavor to keep WWMODELAGENCY.COM available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond WWMODELAGENCY.COM’s control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on WWMODELAGENCY.COM.
1.4 WWMODELAGENCY.COM provides Models with a platform on which to establish contact with other persons or entities, in particular model agencies. WWMODELAGENCY.COM can take part in any communication between Models and/or any other users of its services. WWMODELAGENCY.COM will do its best to help users, Professionals and Clients in contact between them. In situations where the intermediary of the order (the Client will commission a casting to the Website Administrator) is WWMODELAGENCY.COM, WWMODELAGENCY.COM is responsible for contact. It is possible that the Professional or Client will order the creation of the WWMODELAGENCY.COM Casting. If users enter into agreements with one another via WWMODELAGENCY.COM, WWMODELAGENCY.COM shall not be a contracting party to these agreements, but ca it be if Client will commission it WWMODELAGENCY). The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. WWMODELAGENCY.COM shall not be held liable if users are unable to contact one another over WWMODELAGENCY.COM regarding such agreements. Furthermore, WWMODELAGENCY.COM shall not be liable for breaches of agreements entered between users.
- Registration on WWMODELAGENCY.COM
2.1 Models and Professionals must register prior to using the services of WWMODELAGENCY.COM.
2.2 The Model and Professionals shall only provide accurate and complete data for registration. The Model and Professionals shall report any changes in the registration data to WWMODELAGENCY.COM without undue delay. The Website Administrator may ask all users for additional data to verify the user or for formal purposes, i.e. settlement, creation of a contract and others. In the case of such a request, the user is forced to provide data. failure to comply with this obligation will entail the retention of payment and all rights towards the user
2.3 The Model and Professionals warrants and represents that he or she is of legal age of 16 years at the time of registration, failing which the subscription to WWMODELAGENCY.COM is subject to requisite parent/guardian consent. In any event, persons under the age of 14 years are not permitted to use MODELMANEGEMENT.COM.
2.4 The Model and Professionals shall choose a password upon registration, which is needed in order to access his/her account on WWMODELAGENCY.COM. The Model is obliged and Professionals to keep this password secret. WWMODELAGENCY.COM shall not disclose the password to any third party and WWMODELAGENCY.COM’S employees shall not ask for the Model’s password at any time. The Model and Professionals shall notify WWMODELAGENCY.COM immediately of any unauthorized use of his/her password or account.
2.5 By completing the registration process, the Model accepts these GTCs on the use of the services of WWMODELAGENCY.COM. WWMODELAGENCY.COM accepts this offer by activating the services on WWMODELAGENCY.COM.
2.6 It is agreed that once the Model completes profile information such as gender, ethnicity, age etc., these will be shown publicly.
- Obligations of the Model
3.1 The Model and Professionals is obliged to provide only true and non-misleading statements in his/her profile and in communications with other users.
3.2 The Model and Professionals shall post on WWMODELAGENCY.COM only photographs, videos, content and other materials that are in compliance with the guidelines for Clients published. The Model and Professionals warrants and represents that the public display of such Content is not prohibited. The Model and Professionals agrees that Clients may directly upload photos and videos of the Model and Professionals that they take.
3.3 The Content posted by the Model and Professionals shall comply with all applicable legislation and respect all third-party rights. In particular, the Model and Professionals shall not: (i) post any pornographic, insulting or defamatory Contents, or any Contents that violate any applicable legislation for the protection of minors; (ii) advertise or promote, offer or distribute any products or services which do not comply with any applicable legislation for the protection of minors; (iii) use without authorization any Contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws).
3.4 The Model and Professionals shall not distribute or publicly disclose the contents of WWMODELAGENCY.COM or perform any actions which may impair the operability of WWMODELAGENCY.COM’s infrastructure, particularly actions which may overload said infrastructure.
3.5 The Model and Professionals agrees that WWMODELAGENCY.COM may use his/her name and a customer reference, e.g. in publications about success stories, and may publicly disclose and advertise the fact that the Model is using WWMODELAGENCY.COM.
- Changes to the Services on WWMODELAGENCY.COM
WWMODELAGENCY.COM reserves the right to modify the services offered on WWMODELAGENCY.COM and/or to offer services different from those offered at the time of the registration of the Model at any time, unless this is unreasonable for the Model.
- Termination of Subscription
5.1 The Model and Professionals may terminate his/her subscription to WWMODELAGENCY.COM at any time without cause. The Model and Professionals may deliver notice of termination using the contact form available on WWMODELAGENCY.COM. The termination notice shall include the Model’s or Professionals registered name and e-mail address.
The subscription to WWMODELAGENCY.COM shall terminate automatically in case the Model or Professionals does not pay the subscription fee for the renewal of its subscription as and when due as set forth under “fees”.
5.2 During any term for which a Model and Professionals has paid the applicable subscription fee, WWMODELAGENCY.COM may only terminate such subscription for good cause. A “good cause” is defined as an event which makes it unacceptable for WWMODELAGENCY.COM to continue the subscription to the end of the subscription period, considering all circumstances of the individual case and weighing the interests of WWMODELAGENCY.COM against those of the Model, Professionals and Clients. A good cause includes, among others, any the following events:
If the Model or Professionals fails to comply with any applicable legal provisions;
If the Model breaches a material contractual obligation set forth in these GTCs; If the Model or and Professionals causes harm to any other user(s) of WWMODELAGENCY.COM;
If WWMODELAGENCY.COM considers that the Model or Professionals is involved in any immoral activity;
If the Model or Professionals makes any changes or removes information in his/her profile which could affect his/her status.
5.3 In the event of a good cause in accordance with section
5.2, WWMODELAGENCY.COM is entitled to:
Delete the contents posted by the Model
Issue a warning, or
Block the Model’s or Professionals access to the services on WWMODELAGENCY.COM.
5.4 In the following cases, the Model or Professionals shall not be entitled to claim reimbursement of any subscription fees paid:
If WWMODELAGENCY.COM has terminated the contract for good cause pursuant to section 5.2,
If WWMODELAGENCY.COM has blocked the Model’s access in accordance with section 5.3, or
If the Model has terminated the agreement. However, the Model’s or Professionals right to claim reimbursement of any subscription fees shall not be excluded in this case if the Model or Professionals has terminated the agreement for a good cause attributable to WWMODELAGENCY.COM.
5.5 Each of the registered users receives rights to apply for the offer under the “Free Offers” category. The use of this privilege is free of charge.
5.6 It is permissible for advertisements to be added by special software of the WorldWide Agency Group LTD. (bot). The bot works by analysing and searching the Internet for advertisements that may be of interest to the user. In this case, it is permissible for the contractor’s (Model, Professional) remuneration not to be paid in advance. At the moment of applying the Model, the Professional for such an advertisement, is automatically sent an email to the person placing the advertisement on the Internet about the interest in the advertisement of our user. The Portal is not responsible for the truthfulness of the advertisements.
- Responsibility for the Model’s and Professionals Content, Data or other Information
6.1 WWMODELAGENCY.COM does not make any warranties or representations regarding any data and/or information provided or made available by any user on WWMODELAGENCY.COM. WWMODELAGENCY.COM does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
6.2 The Model and Professionals shall report any activities of any other user which violate applicable laws, and/or any of these GTCs using the contact form available on WWMODELAGENCY.COM.
- Customer Service/Support
Queries regarding the agreement with WWMODELAGENCY.COM or regarding WWMODELAGENCY.COM’s services may be sent to WWMODELAGENCY.COM using the contact form available on WWMODELAGENCY.COM or by sending an e-mail to [email protected]
- Liability of WWMODELAGENCY.COM
WWMODELAGENCY.COM (including its vicarious agents) shall only be liable for damages suffered by the Model as a consequence of its subscription to WWMODELAGENCY.COM if WWMODELAGENCY.COM is in material breach of these GTCs and has not cured such breach (if capable of being cured) despite a reasonable cure period set by the Model.
9.1 The Model and Professionals shall indemnify and hold WWMODELAGENCY.COM harmless from and against all actions, including damage claims, asserted by other users or third parties against WWMODELAGENCY.COM resulting from an infringement of their rights by the Contents posted by the Model on WWMODELAGENCY.COM. The Model and Professionals assumes all reasonable costs WWMODELAGENCY.COM incurs due to an infringement of third-party rights, including all reasonable legal-defense costs. All other rights of WWMODELAGENCY.COM, including the right to claim damages, shall remain unaffected.
9.2 In the event the Contents posted by the Model and Professionals infringes any rights of any third party, the Model shall, at his/her own expense and at WWMODELAGENCY.COM’s discretion, either obtain the right to use said Contents or render said Contents free of any infringement. Additionally, the Model and the Professional take responsibility for all conscious and unconscious damage caused to the WWMODELAGENCY.com brand and its opinion.
- Data Protection
WWMODELAGENCY.COM recognizes that any personal data provided by the Model and Professionals to WWMODELAGENCY.COM is extremely important to the Model and Professionals, and WWMODELAGENCY.COM shall therefore be particularly sensitive in handling such data. WWMODELAGENCY.COM shall comply with all applicable legal provisions regarding data protection. WWMODELAGENCY.COM shall not provide or otherwise disclose any personal data of the Model and Professionals to any third party without authorization. Details on WWMODELAGENCY.COM’s treatment of the User’s data are set forth in the Data Protection Policy of WWMODELAGENCY.COM.
- Feedback, Reputation and reviews
Models and Professionals accept and acknowledge transferring copyright of all the feedback, reputation and reviews that they may post on the Website. This feedback belongs solely to WWMODELAGENCY.COM. Models acknowledge that they cannot use this feedback without prior written permission of WWMODELAGENCY.COM. At the same time, the user consents to the use by WWMODELAGENCY.COM of any information included in the world without the consent of the user for promotional, marketing or other purposes useful to WWMODELAGENCY.COM website or user feedback.
User are responsible for paying their own taxes. Legal VAT, according to the Law, may will be added to fees billed, if applicable.
Users accepting the GTCs for using WWMODELAGENCY.COM declare that they fully and perfectly understand the content of the English version of these GTCs.
14.1 Any amendments to these GTCs must be made in writing in order to be valid.
14.2 WWMODELAGENCY.COM reserves the right to amend these GTCs at any time, without giving reasons, unless an amendment is unreasonable to the User. WWMODELAGENCY.COM shall give due notice of any amendments of these GTCs to the User. If the User does not object to the applicability of the revised GTCs within two (2) weeks after receipt of said notice, the amended GTCs shall be deemed to be accepted by the User. WWMODELAGENCY.COM shall inform the User about the User right to object and of the relevance of the objection deadline in said notice.
14.3 Unless otherwise stated in these GTCs, the User may submit all notices to WWMODELAGENCY.COM using the contact form provided on WWMODELAGENCY.COM, or by sending an e-mail to [email protected]
14.4 If any provision of these GTCs is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which comes as close as possible to the intent and economic purpose of the invalid and/or unenforceable provision. This also applies to regulatory gaps in these GTCs.
- CASTING SYSTEM OF WWMODELAGENCY.COM
The Casting System is a feature on WWMODELAGENCY.COM through which registered Clients (herein after “Clients”) are able to get applies from (book) Models of legal age (herein after “Models”) for a certain job.
Models and Professionals accept the following General Terms and Conditions for using the Casting System of WWMODELAGENCY.COM:
- General Terms and Conditions for the use of WWMODELAGENCY.COM
These General Terms and Conditions for the use of the Casting System (herein after “GTCs Casting System”) include all the above-mentioned terms and conditions (Section A and B) as long as they are not contrary to the GTCs Casting System (Section C).
- Use of the Casting System
2.1 Clients shall make an offer to book a Model or Professional through the Casting System. To this end, Clients must determine in their offer the specific job required and the fees that they consider adequate for this job by submitting a specific form to a concrete Model or Professional through WWMODELAGENCY.COM. This form is available on the Website.
2.2 If the Model and the Professional reach an agreement for the specific terms and conditions for the job, including the fees, the Client is obliged to pay through WWMODELAGENCY.COM:
The Fee agreed between the Client and the Model or Professional (herein after the “Agreed Fee”;
Plus, a fee of the Fee, corresponding to a commission for WWMODELAGENCY.COM;
Fee of the Fee is determined individually by contacting WWMODELAGENCY.COM;
Plus, the legal VAT, according to the Law, on the commission, if applicable. Value Added Taxes are charged to EU residents unless the Clients provides to WWMODELAGENCY.COM a valid VAT number. Herein after the “Total Price”.
The above rules do not apply to individual arrangements with WWMODELAGENCY.COM.
In case of individual arrangements, WWMODELAGENCY.COM sends all information via e-mail.
2.3 The commission earned by WWMODELAGENCY.COM is for:
creating, hosting, maintaining, and providing its Website;
the delivered services that WWMODELAGENCY.COM makes accessible through its Website;
and to cover expenses and fees that WWMODELAGENCY.COM incurs to banks, credit card companies, PayPal and payment processors.
and other tasks to which order processing is required, such as addition of casting, casting service, creation of graphics, etc.
- Method and conditions of payment
3.1 The currency of the Agreed Fee is agreed between the Client and the Model or Professional, limited to USD, EUR or GBP. The Total Price is charged in the same currency.
3.2 The payment of the Total Price by the Client can be made by PayPal or credit card through the mechanisms available on the Casting System of WWMODELAGENCY.COM or other forms as determined by WWMODELAGENCY.COM. No additional fees are charged to Clients by WWMODELAGENCY.COM for the use of payment processors.
3.3 WWMODELAGENCY.COM takes and holds the money paid through the Casting System and only releases as soon as possible after the agreed end date between the Client and the Model or Professional for completing the job, herein after the “Agreed Date”.
3.4 Of the Total Price paid by the Professional, WWMODELAGENCY.COM deducts the commission, which covers the expenses and fees that WWMODELAGENCY.COM incurs to banks, credit card companies, PayPal and payment processors, and the corresponding legal VAT on the commission, if applicable, and transfers the remaining amount to the Model or Professional no later than 7 days after the Agreed Date.
If WWMODELAGENCY.COM is informed by the Model or Professional or by the Client of a dispute between them regarding the job completion or if there are technical problems, WWMODELAGENCY.COM will release the Total Price after the dispute or the technical problems are solved. If the disputes, between the Model or Professional and the Client, or the technical problems are not solved within 1 month after the Agreed Date, WWMODELAGENCY.COM will charge the Total Price 1 month after the Agreed Date and transfer to the Model or Professional the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 7 days after. The disputes between the Model or Professional and the Client will have to be solved judicially and extra-judicially with no intervention of WWMODELAGENCY.COM.
3.5 WWMODELAGENCY.COM may not release the money if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed and the Client will have to pay the owed amount to WWMODELAGENCY.COM.
- Cancellations and refunds
4.1 Models or Professional may cancel the booking at any time within the booking date and the Agreed Date. If the Model cancels the booking, the Total Price paid by the Client to WWMODELAGENCY.COM is refunded to the Client no later than 14 days after the notification of the cancellation to WWMODELAGENCY.COM.
If the Model or Professional cancels the booking it is the responsibility of the Client to notify the cancellation to WWMODELAGENCY.COM no later than 48 hours after the Agreed Date.
4.2 Clients may cancel the casting before the Model or Professional delivers to him/her any of the services agreed between them and no later than 7 days before the start date of the job requested by the Clients to the Model or Professional through the Casting System and that has been agreed between both of them (herein after the “Start Date”).
If the Client cancels the booking before the Model or Professional delivers to him/her any of the services agreed between them and at least 7 days before the Start Date: WWMODELAGENCY.COM charges the commission of the Clause 2.2 (Section C) and the corresponding legal VAT on the commission, if applicable, and refunds the rest of the Total Price to the Clients no later than 14 days after the notification of the cancellation to WWMODELAGENCY.COM;
If the Clients cancels the booking less than 7 days before the Start Date or later or once the Model or Professional has delivered to him/her any of the services agreed between them, the Total Price is charged by WWMODELAGENCY.COM. WWMODELAGENCY.COM will then follow the procedure stated in Clause 3.4 (Section C).
- Intervention of WWMODELAGENCY.COM in the transaction
5.1 If the Clients effectively books a Model or Professional through the Casting System, the persons intervening in this process are the Client, the Model or Professional and WWMODELAGENCY.COM.
5.2 The intervention of WWMODELAGENCY.COM in the transaction is only for the following purposes:
To provide, host and maintain a list of Models or Professional on the Website in order to enable the Clients to select Models or Professional for the services that they may require;
To supervise that the Clients correctly pays the Total Price;
To help Clients in process of searching Model or Professional
In all cases individually determined from WWMODELAGENCY.COM
5.3. WWMODELAGENCY.COM is only an intermediary. The agreement is reached by the Model or Professional and the Client. WWMODELAGENCY.COM can recommend specific site users through their service history on the site. However, according to the ethics of work and fairness for all users, WWMODELAGENCY.COM refuses to evaluate and recommend, this rule does not apply if the client outsources the task after individual arrangements with WWMODELAGENCY.COM WWMODELAGENCY.COM does not take any decision on the suitability of a Model or Professional for a certain job. The only persons responsible of the decision and of the adequacy of the services of a Model or Professional for a concrete job are the Client.
If any worker of WWMODELAGENCY.COM makes any remark regarding the work of a Model and Professional or its suitability for a job in any means of communication, including WWMODELAGENCY.COM website, these will be considered as simple personal opinions, for which MODELMANAGEMNT.COM and/or its workers will not be held responsible.
WWMODELAGENCY.COM is not responsible for the job carried out by the Model and Professional. Clients, Models and Professional agree and acknowledge that WWMODELAGENCY.COM is not responsible of any issue arising between them regarding the completion of the specific job. The responsibilities of the Clients and the Model and Professional, other than the ones specified in these GTCs, are set out in the concrete agreement reached by them.
The above rules have no basis in the situation when the client requests the WWMODELAGENCY.COM task
5.4 Models, Professionals and Clients agree and acknowledge that the relationship between them is that of independent contractors.
5.5 Clients, Models and Professionals agree and acknowledge that WWMODELAGENCY.COM is not responsible for:
any expenses, including travelling and food expenses, incurred by the Models and Professionals;
the correct completion of the job;
the veracity or accuracy of any document or information given between the Models, Professionals or Clients;
and the use by the Models and/or the Professional and/or Clients of the information and documents exchanged between them.
The above rules have no basis in the situation when the client requests the WWMODELAGENCY.COM task
5.6 WWMODELAGENCY.COM does not offer any form of insurance since the Website only provides an online venue for Clients to make and offer and buy services of Models and Professional.
5.7 Depending on the applicable jurisdiction, Models and Professionals, Clients may have rights that cannot lawfully be excluded. Nothing in these GTCs is intended to override such rights.
- Complaints and Disputes
6.1 Clients can raise any complaints that they may have regarding the completion of the job by the Model or Professional to WWMODELAGENCY.COM up until 24 hours after the Agreed Date.
If WWMODELAGENCY.COM receives the complaint within the abovementioned period, the Total Price paid by the Client is held by WWMODELAGENCY.COM and is not released until the issue is solved. If the issue is not solved in 1 month from the notification of the complaint to WWMODELAGENCY.COM and no agreement is reached between the Model or Professional and the Client regarding the complaint, the Total Price is released by WWMODELAGENCY.COM. WWMODELAGENCY.COM will transfer to the Model or Professional the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 7 days after;
If WWMODELAGENCY.COM receives the complaint after the abovementioned period, the Total Price is charged as specified in Clause 3.3 (Section C). WWMODELAGENCY.COM will then follow the procedure stated in Clause 3.4 (Section C) and any dispute that may arise between the Client and the Model or Professional shall be solved judicially or extra-judicially by them. Clients acknowledge and accept that if the complaint is made after the abovementioned period, the commission of WWMODELAGENCY.COM will not be refunded in any case.
6.2 When any dispute regarding the agreement reached between the Client and the Model or Professional through the Casting System arises:
The Clients and the Model or Professional commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including WWMODELAGENCY.COM.
If the Client and the Model or Professional reach an agreement within 1 month after the Agreed Date, they commit themselves to inform of the agreement to WWMODELAGENCY.COM.
If the Client and the Model or Professional do not reach an agreement within 1 month, both parties will have to solve their problems judicially or extra-judicially, with no intervention of WWMODELAGENCY.COM.
6.3 Client and Models or Professional agree and acknowledge that WWMODELAGENCY.COM does not provide legal services or legal advises of any kind, unless the individual contract between WWMODELAGENCY.COM provides otherwise.
- Refund Policy
The Model and Professional can request the reimbursement of their payment for a service within the period established by law (7 DAYS). The amount of the refund will be full if the model did not use or did not obtain benefit from the service contracted. Refunds on services contracted for a period of time, such as Premium subscription, will be made in the amount proportional to the amount of time not used, unless Model Management can verify that the user did not obtain the benefit or service announced as part of the features published by WWMODELAGENCY. When made use of the membership features such as the application of more than 1 casting and messaging members the refund can’t be made.
If the user has benefited from the promotion of the discounted price, the refund can be made only after the condition of uninterrupted continuity of the 6-month premium subscription has been fulfilled and no use of the site or no application for any casting on the WWMODELAGENCY website.
A full refund will be offered to models that have an account which can’t be approved.