Terms and Conditions

Terms and Conditions (“Terms”)

Last updated: July, 1st, 2018

Introduction:

Hello and welcome to Speakerton.

Please read these Terms and Conditions of use (“Terms”) and Privacy Policy carefully before accessing, using or obtaining any services, materials,informations, products or services. By accessing, the speakerton website, mobile or tablet application, or any other feature or other speakerton platform (collectively “Our Website”) operated by Speakerton. You agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy. So by accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access and/or use the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Speakerton service or content.

Article 1.    Definitions

In these term and conditions we use some definitions. Here they are.

1.1 Account: The account on the platform that makes it possible for the users to use the services provided of Speakerton.

1.2 Speaker: The person or corporation whom provides a service for carrying out his activities via the platform.

1.3 Client: The person or corporation who searches for products and or services for their events.

1.4 User: The user, registered or not, that makes use in anyway possible of the platform. Included but not limited by speaker and client.

1.5 Non registered: The users who are on the platform/website but are not registered.

1.6 Service or Product: An advert created by the speaker that is created by- and  searchable on the platform provided by Speakerton. The created service makes it possible for the speaker to explain and advertise the details of their product and or service they offer.

1.7 Speakerton-Service: The service Speakerton provides to their users through the platform or other ways.

1.8 Terms and conditions: These terms and conditions.

1.9 Price: The indication of the price for the product or service offered by the Speaker.

(a) Price per person (short pp): The price per person

(b) Total cost (short tc): The total cost of the provided product or service

1.10  Profilepage: A page on the platform with an overview of the Speakerprofile/bio, the projects and/or services the speaker can provides via his portfolio. The layout of the profile page and the data that is shown on it can be changed from time to time by Speakerton.

1.11 Platform: The by Speakerton provided website www.speakerton.com, an application or any other provided platorm where Speakers and Clients can get in contact with each other for events where speakers can provide there services and speaker-activities.

1.12: Speakerton Speakerton: de eenmanszaak Speakerton, gevestigd te (9753 AT) Sterremuurweg 7, KvK nummer:xxxxxxxxx.

 

Article 2.    General terms and conditions

2.1.   These general terms and conditions are applicable on all of the (registered) users

2.2.    Speakerton reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least ‘30 days’ notice prior to any new terms taking effect. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us. And we will remove/delete your account. What constitutes a material change will be determined at our sole discretion.

Article 3.    Establishment of an Agreement

3.1.     Agreements can be made via different ways, verbal, written, phone, on electronic ways or other ways. The agreements between the two parties are binding, no matter what way the where concluded. Speakerton only provides the means to get in contact with each other (Contact between Speaker and Client).

Article 4.    Services

4.1.     Speakerton offers a platform where speakers and clients, (e.g. organisers of events) or users who seek speakers can get in contact with each other. Speakerton has only a facilitation role and can not be held responsible for the quality or provided service.  The views and opinions expressed by a speaker, client, contracter or user of the platform are those of the them and do not necessarily reflect the official policy or position of Speakerton.

4.2.     Speakerton reserves all rights to change their services and products and/or terminate it.

4.3. Speakerton users may post, upload, and/or contribute (“Services or Products”) content to the Service (which may include, for example, pictures, text, messages, information, images, compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Speakerton Community as well as any other part of the Speakerton Service.

You promise that, with respect to any User Content you post on Speakerton, (1) you have the right to post such User Content, and (2) such User Content, or its use by Speakerton as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Speakerton or any artist, author, band, label, entity or individual without express written consent from such individual or entity. Speakerton may, but has no obligation to, monitor, review, or edit User Content. In all cases, Speakerton reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Speakerton’s sole discretion, violates the Agreements. Speakerton may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. You are solely responsible for all User Content that you post. Speakerton is not responsible for User Content nor does it endorse any opinion contained in any User Content.

Speakerton has created the content of the Platform with the greatest possible care. However, all content on the Platform in Comments, Advertisements, assignments, products,services,video,pictures, reviews and proposals is provided by the Users.These Users are responsible for the correctness and completeness of this information. Speakerton is not responsible for the content of Comments, Advertisements, assignments, reviews and proposals, nor for any other communication between Users. Nor will Speakerton be responsible for fulfilling the obligations made between client(s) and speakers, including fulfilling any payment obligation, the correct performance of the work to be delivered and meeting any quality requirements.

YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST SPEAKERTON RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SPEAKERTON HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM

4.4.    Speakerton offers its own information on the Platform on an “as is” basis, to the extent permitted by applicable law,

In particular, Speakerton does not guarantee:
(a) that the information on the Platform is accurate, complete, appropriate, current and not unlawful, including any information provided by the Users ;
(b) that the Platform shall operate continuously, shall be free from viruses, trojans and other errors and/or deficiencies, and that any deficiencies shall be corrected; and
(c) third parties will not use Speakerton’s Platform and/or systems unlawfully.

Article 5.    Maintainance

5.1.     Speakerton is in its full right to put the platform offline and/or full or partial inaccesible in case this is nescesary for maintainance or changes on the platform. User dont have any right to compensation coming from any type of downtime. Also Speakerton is not obliged to inform Users about maintaince periods (whether or not in advance).

Article 6.    Use of the service and provision of Speaker information

6.1.    Only natural and legal persons  who are engaged in speaking activities will register as Speaker on the Platform. It does not include temporary work agencies and similar undertakings.

6.2.    Speaker warrants that all data, including but not limited to the name and email data it provides in the context of the Service, is complete, accurate and current and that it will use the Service solely for its own purposes. In addition, the Speaker guarantees:

(a) that it has the authority to provide the Services;
(b) comply with applicable laws and regulations;
(c) that he will (continue to) comply at all times with the house rules in force at that time, as communicated on the Platform. The house rules can be changed from time to time by Speakerton.

6.3.    Speaker will only place products and services on the Platform for the purpose of obtaining an assignment for the fulfilment of speaking activities for a client and/or get in contact with a potential client.

6.4.    The speaker cannot claim a certain positioning or rank in search results.

6.5.   The Speaker is responsible and liable for the content of the data published by him on the Platform. He guarantees that the content of this data is correct, up to date and reliable, does not violate applicable laws and regulations and is not unlawful. In addition, he warrants that he will not use this information to unfairly treat other Users, and that he will not harm the interests and reputation of Speakerton.

6.6.     In any case, the information below must not be placed on the Platform:
(a) material contrary to any applicable laws or regulations or to these Terms and Conditions;
(b) material that refers to the provision of illegal services or services that in any way may cause harm to the property of others;
(c) material that infringes intellectual property rights, privacy rights or other rights of Speakerton or third parties;
(d) material which, in Speakerton’s opinion, is contrary to good morals or taste, violent or incites violence or hatred towards another or others;
(e) Material that in any way mentions or refers to any other service, website or platform competing or similar to the Service or Platform;
(f) an Advertising intended to promote, directly or indirectly, another enterprise;
(g) material originating from a temporary employment agency;

6.7.   Speakerton reserves the right to change and/or shorten the information provided by the Speaker. Speakerton also reserves the right – but is not obliged to – to refuse products and services or to remove data from the Platform, for example; because they are incorrect or unreliable, in violation of the law or are unlawful towards third parties, without this in any way leading to any right of the Speaker to compensation.

6.8.  Agreements between the Client and the Speaker are only concluded when the Client has explicitly confirmed this to the Speaker. Speakerton is not a party to Agreements between the Client and the Speaker. Speakerton cannot therefore exercise any control over the quality, safety or legality of the assignments and/or activities, the correctness of the offers, the authority of the Clients to have activities performed and/or the authority of the Speaker to perform those activities. Speaker indemnifies Speakerton against any claim by third parties in connection with such matters.

6.9.    The use of the (personal) data obtained by the Speaker or Client through the Platform may only be used for the purpose for which it has been provided. It is not allowed to process these data for any other purpose, including – but not limited to – any form of unsolicited communication (spam). Nor is it permitted to collect personal data (including e-mail addresses) from Users for any purpose whatsoever.

6.10.     If the Speaker or Client acts contrary to the provisions of Article 6.9, he forfeits, without further warning or notice and without judicial intervention being required, an immediately payable fine of EUR 700 (seven hundred euros) per event, in which the use of a (personal) data is regarded as one event, without prejudice to Speakerton’s right to take other measures at its disposal against the Speaker and/or to claim damages.

Article 7.    Privacy

7.1.     Speakerton processes personal data of Users for the purpose of performing the Services and related activities and in accordance with the Personal Data Protection Act and subsequent legislation on the protection of personal data.

7.2.    This processing of personal data is subject to Speakerton’s Privacy Statement as published on the Platform.

 

Article 8.    Account and information by the Speaker

8.1.    In order to make use of Speakerton’s Services, an Account must be created in the manner described on the Platform, stating the information requested for this purpose.

8.2.    Speakerton is entitled to refuse or remove (the creation of) an Account and/or (the placement of) a Reaction, Product, Service or other information by the Speaker if there are good reasons to do so. A legitimate reason could be, for example, that the Speaker does not meet the quality criteria of Speakerton or that there is a suspicion that the Speaker is acting in breach of the Agreement or these Terms and Conditions and/or that the Speaker has previously abused the Platform.

8.3.     In order to access the Account, a password is provided to the Speaker. The password is strictly personal and the Speaker may not allow third parties to use it. The Speaker is liable for any use made of his Account and indemnifies Speakerton against any claim by third parties for damage or otherwise arising, in any way, from the use of the Service through his Account.

8.4.     S Speakerton is entitled to change the password if this is necessary for security reasons.

  

Article 9.    Intellectual property rights

9.1.    All intellectual property rights in the Platform belong exclusively to Speakerton and/or its licensors, with the exception of the material provided by the Users through the placement of products, services and profile information.

9.2.    Without Speakerton’s written permission, the Speaker is not permitted to make the Platform or any of its contents available to third parties in any way whatsoever, to reproduce, distribute, send, or process it in any other way in another document or material. This means, among other things, that Speaker is not permitted, without Speakerton’s prior written consent, to retrieve and reuse a substantial part of the contents of one or more database(s) and/or to retrieve and reuse non-substantial parts of the contents of one or more database(s) repeatedly and systematically within the meaning of the Database Act.

9.3.    The Speaker guarantees that the information he places on the Platform, including products,  services and profile information, does not infringe any (intellectual property) rights of third parties. The Speaker fully indemnifies Speakerton against all possible claims of third parties in any way resulting from and/or related to the information he has placed on the Platform, including any claim based on the allegation that the information in question infringes any (intellectual property) rights of third parties.

Article 10.    Exclusion

10.1.    Speakerton reserves the right to dissolve the Agreement and to exclude the Speaker from any (further) use of the Platform and the Service, without any notice of default being required, including by blocking and/or removing his Account, without being obliged to repay any fees already collected, if there are good reasons to do so.

This is in any case, but not exclusively, the case if:
(a) the Speaker violates these Terms and Conditions in any way;
(b) the Speaker infringes the (intellectual property) rights of third parties;
(c) Speakerton has a legitimate suspicion that the Speaker is guilty of fraud, fraud, forgery of documents and/or other criminal offences;
(d) Speaker operates a temporary employment agency or similar undertaking;
(e) the Speaker reviews an assignment that has been carried out by the Speaker itself or if the Speaker otherwise falsely presents itself as a Client on the Platform;
(f) the Speaker sends commercial or other messages through the Service for a purpose that can reasonably be assumed to be other than obtaining an assignment or get in contact with contracters/clients.
(g) the Speaker is in breach of applicable laws and regulations;

Article 11.    Force majeure

11.1.      Speakerton is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure. Force majeure also includes a non-attributable shortcoming on the part of suppliers and/or other third parties used by Speakerton, hacks and Internet disruptions.

Article 12.    Liability Speakerton

12.1.    Speakerton is not liable for the service, service or product provided by the users of Speakerton.

Article 13.    Links

13.1.     Links To Other Web Sites. Our Service may contain links to third-party web sites or services that are not owned or controlled by Speakerton Speakerton has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Speakerton shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Article 14.    Security

14.1.    Speakerton makes every reasonable effort to protect its systems against any form of unlawful use. To this end, Speakerton shall implement appropriate technical and organisational measures. Like frequent updates of the used tech.

Article 15.    Fees and charges

15.5.    All prices and rates mentioned by Speakerton are in euros (€) and are inclusive of turnover tax (VAT) and any other levies imposed by the government, unless explicitly stated otherwise in writing.

Article 16.    Disputes

16.1.    These General Terms and Conditions, all Agreements between Speakerton and Speaker, all use of the Platform and all related disputes (on any grounds whatsoever) shall be governed by Dutch law.

Contact Us

If you have any questions about these Terms, please contact us.