Terms and Conditions for the use of Sizzling-Models.com by photographers, hair and makeup artists, stylists, other industry professionals.
When registering for Sizzling-Models.Com, Professionals must accept the following terms and conditions for using Sizzling-Models.Com.
The Professional enters into this agreement on the use of Sizzling-Models.Com.
“Professionals”: Photographers, Hair and Makeup artists, Stylists, other industry professionals visiting or using Sizzling-Models.Com;
“Models”: Models visiting or using Sizzling-Models.Com;
“B-Professionals”: Photographers, Hair and Makeup artists, Stylists and other industry professionals that are registered users on Sizzling-Models.Com and that use the Booking System;
“B-Models”: Models of legal age (18 years old and older) that are subscribed to Sizzling-Models.Com and that use the Booking System;
Terms and Conditions for the use of Sizzling-Models.Com by Models, including Sections A to C.
“Booking System”: Terms and Conditions accepted by Models and Professionals for the use of the Booking System.
Feature on Sizzling-Models.Com through which registered Professionals are able to book a Model of legal age (18 years old or over) for a certain job;
“Total Price”: Total amount that B-Professionals must pay by PayPal or Credit /Debit card on Sizzling-Models.Com for booking a B-Model through the Booking System;
“Agreed Date”: End date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them;
“Start Date”: Start date of the job requested by the B-Professional to the B-Model through the Booking System and that has been agreed between both of them;
“Agreed Fee”: Fee agreed between the B-Professional and the B-Model for the job requested by the B-Professional to the B-Model through the Booking System.
- USE OF Sizzling-Models.Com
- Subject Matter
1.1 Sizzling-Models.Com offers Professionals a platform for their global scouting and hiring of male and female models who have posted their photo books and profiles on Sizzling-Models.Com (the “Models”) and provides Professionals with access thereto pursuant to these Terms & Conditions. Furthermore, Professionals may use Sizzling-Models.Com to upload photos of and promote their models.
1.2 The Professionals may start using the services of Sizzling-Models.Com if and when Sizzling-Models.Com has confirmed their right to do so. The right to use Sizzling-Models.Com may be obtained by invitation or upon specific request.
1.3 The Professional acknowledges and agrees that it is technically impossible to achieve 100% availability of Sizzling-Models.Com.
Sizzling-Models.Com shall nonetheless endeavour to keep
Sizzling-Models.Com available without interruption. Events related to maintenance, security or capacity requirements, and/or events be-yond Sizzling-Models.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 Sizzling-Models.Com.
1.4 Sizzling-Models.Com provides Professionals with a platform where they can establish contacts with Models, photographers or other users, provided that such users have agreed to be contacted and set their account accordingly.
Sizzling-Models.Com does not take part in any communication between Professionals and Models and/or other users of its services. If Professionals and Models and/or other users enter into agreements with one another via Sizzling-Models.Com,
Sizzling-Models.Com shall not be a contracting party to these agreements. Only the Professionals and the Models and/or other users are responsible for the execution and/or fulfillment of agreements in which they enter with one another and
Sizzling-Models.Com shall not be liable for breaches of such agreements. Sizzling-Models.Com shall not be held liable if Professionals and Models and/or other users are unable to contact one another over Sizzling-Models.Com regarding such agreements.
- Registration, and Representations and Warranties upon Registration
2.1 Professionals must register prior to using the “Premium Services for Professionals” of Sizzling-Models.Com.
2.2 The Professional represents and warrants that all of the data provided for registration are accurate and complete. The Professional shall report any changes in the registration data to Sizzling-Models.Com without undue delay.
2.3 The Professional shall choose a password upon registration, which is needed in order to access his/her account on Sizzling-Models.Com. The Professional is obliged to keep this password secret. Sizzling-Models.Com shall not disclose the password to any third party and Sizzling-Models.Com’S employees shall not ask for the Professional’s password at any time. The Professional shall notify Sizzling-Models.Com immediately of any unauthorized use of the Professional’s password or account.
2.4 By completing the registration process, the Professional accepts these Terms & Conditions on the use of the services of Sizzling-Models.Com.
- Obligations of the Professional; Consent to Disclosure of Professional’s Name
3.1 The Professional is obliged to provide only true and non-misleading statements in its communications with Models and shall, at all times and in all dealings and communications with Models, comply with applicable law.
3.2 The Professional agrees that Sizzling-Models.Com may use the Professional’s name and brand as a customer reference and may publicly disclose and advertise the fact that the Professional is using Sizzling-Models.Com.
- Changes to the Services onSizzling-Models.Com
Sizzling-Models.Com reserves the right to modify the services offered on Sizzling-Models.Com and/or to offer services different from those offered at the time of the registration of the Professional at any time, unless this is unreasonable for the Professional.
- Termination of Subscription
5.1 The Professional may terminate his/her subscription to Sizzling-Models.Com at any time without cause. The Professional may notify the termination to Sizzling-Models.Com by email at any time. The termination notice shall include the Professional’s registered name and e-mail address. The subscription to Sizzling-Models.Com shall terminate automatically in case the Professional 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 Professional has paid the applicable subscription fee, Sizzling-Models.Com may only terminate such subscription for good cause. A “good cause” is defined as an event which makes it unacceptable for Sizzling-Models.Com to continue the subscription to the end of the subscription period, taking into account all circumstances of the individual case and weighing the interests of Sizzling-Models.Com against those of the Professional and includes, among others, any the following events:
- If the Professional fails to comply with any applicable legal provisions;
- If the Professional breaches a material contractual obligation set forth in these Terms & Conditions;
- If the Professional causes harm to any other user(s) of Sizzling-Models.Com;
- If Sizzling-Models.Com considers that the Professional is involved in any immoral activity.
5.3 In the following cases, the Professional shall not be entitled to claim reimbursement of any subscription fees paid:
- If Sizzling-Models.Com has terminated the contract for good cause pursuant to section 5.2;
- If the Professional has terminated the agreement. However, the Professional’s right to claim reimbursement of any subscription fees shall not be excluded in this case if the Professional has terminated the agreement for a good cause attributable to Sizzling-Models.Com.
- Responsibility for the Content, Data or other Information
6.1 Sizzling-Models.Com does not make any warranties or representations regarding any data and/or information provided or made available by any user on Sizzling-Models.Com. In particular, Sizzling-Models.Com does not warrant or represent that said data and/or information is true or accurate.
6.2 The Professional shall report any activities of any other user which violate applicable laws and/or any of the terms and conditions using the contact form available on Sizzling-Models.Com.
- Customer Service/Support
Queries regarding the agreement with Sizzling-Models.Com or regarding Sizzling-Models.Com’s services may be sent to Sizzling-Models.Com using the contact form available at all times on Sizzling-Models.Com or by sending an e-mail to Sizzling-Models.Com.
- Liability ofSizzling-Models.Com
Sizzling-Models.Com shall only be liable for dam-ages incurred by the Professional as a consequence of breaches of material obligations of Sizzling-Models.Com pursuant to these Terms & Conditions.
9.1 The Professional shall indemnify and hold Sizzling-Models.Com harmless from and against all actions, including damage claims, asserted by Models, other users or third parties against Sizzling-Models.Com resulting from an infringement of their rights by the Professional. The Professional assumes all reasonable costs Sizzling-Models.Com incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights of Sizzling-Models.Com, including the right to claim damages, shall remain unaffected.
- Data Protection
Sizzling-Models.Com recognizes that any personal data provided by the Professional to Sizzling-Models.Com is extremely important to the Professional, and Sizzling-Models.Com shall therefore be particularly sensitive in handling such data. Sizzling-Models.Com shall comply with all applicable legal provisions regarding data protection. In particular, Sizzling-Models.Com shall not provide or otherwise disclose any personal data of the Professional to any third party without authorization. Details on Sizzling-Models.Com’s treatment of personal data are set forth in the Data Protection Policy of Sizzling-Models.Com of Sizzling-Models.Com.
- Feedback, Reputation and reviews
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 Sizzling-Models.Com. Professionals acknowledge that they cannot use this feedback without prior written permission of Sizzling-Models.Com.
Professionals are responsible for paying their own taxes. Legal GST, according to the Law, will be added to fees billed to Professionals, if applicable.
Professionals accepting the Terms & Conditions for using Sizzling-Models.Com declare that they fully and perfectly understand the content of the English version of these Terms & Conditions.
14.1 Any amendments to these Terms & Conditions must be made in writing in order to be valid.
14.2 Sizzling-Models.Com reserves the right to amend these Terms & Conditions at any time, without giving reasons, unless an amendment is unreasonable to the Professional. Sizzling-Models.Com shall give due notice of any amendments of these Terms & Conditions to the Professional. If the Professional does not object to the applicability of the revised Terms & Conditions within two (2) weeks after receipt of said notice, the amended Terms & Conditions shall be deemed to be accepted by the Professional. Sizzling-Models.Com shall inform the Professional about the Professional’s right to object and of the relevance of the objection deadline in said notice.
14.3 Unless otherwise stated in these Terms & Conditions, the Professional may submit all notices to Sizzling-Models.Com using the contact form provided on Sizzling-Models.Com or by sending an e-mail to [email protected].
14.4 If any provision of these Terms & Conditions 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. Any invalid and/or unenforceable provision shall be replaced with a valid and/or enforceable provision which comes as close as possible to the intent and economic effect of the invalid and/or unenforceable provision. This also applies to regulatory gaps in these Terms & Conditions.
- Booking System ofSizzling-Models.Com
The Booking System is a feature on Sizzling-Models.Com through which registered Professionals (herein after “B-Professionals”) are able to book subscribed Models of legal age (herein after “B-Models”) for a certain job. B-Models and B-Professionals accept the following General Terms and Conditions for using the Booking System of Sizzling-Models.Com:
- Terms and Conditions for the use ofSizzling-Models.Com
These Terms and Conditions for the use of the Booking System include all the above-mentioned terms and conditions (Section A and B) as long as they are not contrary to the Terms & Conditions Booking System (Section C).
- Use of the Booking System
2.1 B-Professionals shall make an offer to book a B-Model through the Booking System. To this end, B-Professionals 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 B-Model through Sizzling-Models.Com. This form is available on the Website.
2.2 If the B-Model and the B-Professional reach an agreement for the specific terms and conditions for the job, including the fees, the B-Professional is obliged to pay through Sizzling-Models.Com:
- The Fee agreed between the B-Professional and the B-Model;
- Plus a 10% of the Fee, corresponding to a commission for Sizzling-Models.Com;
- Plus the legal GST, according to the Indian Law, on the commission, if applicable. Goods & Services Taxes are charged to Indian residents unless the Professional provides to Sizzling-Models.Com a valid GST number.
Herein after the “Total Price”.
2.3 The commission earned by Sizzling-Models.Com is for:
- creating, hosting, maintaining, and providing its Website;
- the delivered services that Sizzling-Models.Com makes accessible through its Website;
- and to cover expenses and fees that Sizzling-Models.Com incurs to banks, credit /debit card, PayPal and payment processors.
- Method and conditions of payment
3.1 The currency of the Agreed Fee is agreed between the B-Professional and the B-Model, limited to Indian Rupee. The Total Price is charged in the same currency.
3.2 The payment of the Total Price by the B-Professional must be made by PayPal or credit /debit card through the mechanisms available on the Booking System of Sizzling-Models.Com. No additional fees are charged to B-Professionals by Sizzling-Models.Com for the use of payment processors.
3.3 Sizzling-Models.Com takes and holds the money paid through the Booking System and only releases it 48 hours after the agreed end date between the B-Professional and the B-Model for completing the job, herein after the “Agreed Date”.
- Of the Total Price paid by the B-Professional, Sizzling-Models.Com deducts the commission, which covers the expenses and fees that Sizzling-Models.Com incurs to banks, credit /debit card, PayPal and payment processors, and the corresponding legal GST on the commission, if applicable, and transfers the remaining amount to the B-Model no later than 48 hours after the Agreed Date.
- If Sizzling-Models.Com is informed by the B-Model or by the B-Professional of a dispute between them regarding the job completion or if there are technical problems, Sizzling-Models.Com will release the Total Price after the dispute or the technical problems are solved. If the disputes, between the B-Model and the B-Professional, or the technical problems are not solved within 1 month after the Agreed Date, Sizzling-Models.Com will charge the Total Price 1 month after the Agreed Date and transfer to the B-Model the remaining amount (after the deduction of the commission and the corresponding legal VAT on the commission, if applicable) no later than 48 hours after. The disputes between the B-Model and the B-Professional will have to be solved judicially and extra-judicially with no intervention of Sizzling-Models.Com.
3.5 Sizzling-Models.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 B-Professional will have to pay the owed amount to Sizzling-Models.Com.
3.6 B-Professionals agree not to make any chargebacks or reverse any payment made by them to Sizzling-Models.Com.
B-Professionals acknowledge and agree that Sizzling-Models.Com will be entitled to recover any chargebacks or reversed payment that may be imposed on funds paid to Sizzling-Models.Com through the Website.
- Cancellations and refunds
4.1 B-Models may cancel the booking at any time within the booking date and the Agreed Date. If the B-Model cancels the booking, the Total Price paid by the B-Professional to Sizzling-Models.Com is refunded to the B-Professional no later than 14 days after the notification of the cancellation to Sizzling-Models.Com. If the B-Model cancels the booking it is the responsibility of the B-Professional to notify the cancellation to Sizzling-Models.Com no later than 24 hours after the Agreed Date.
4.2 B-Professionals may cancel the booking before the B-Model 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 B-Professional to the B-Model through the Booking System and that has been agreed between both of them (herein after the “Start Date”).
- If the B-Professional cancels the booking before the B-Model delivers to him/her any of the services agreed between them and at least 7 days before the Start Date: Sizzling-Models.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 B-Professional no later than 14 days after the notification of the cancellation to Sizzling-Models.Com;
- If the B-Professional cancels the booking less than 7 days before the Start Date or later or once the B-Model has delivered to him/her any of the services agreed between them, the Total Price is charged by Sizzling-Models.Com. Sizzling-Models.Com will then follow the procedure stated in Clause 3.4.1 (Section C).
- Intervention ofSizzling-Models.Comin the transaction
5.1 If the B-Professional effectively books a Model through the Booking System, the persons intervening in this process are the Professional, the Model and Sizzling-Models.Com.
5.2 The intervention of Sizzling-Models.Com in the transaction is only for the following purposes:
- To provide, host and maintain a list of Models on the Website in order to enable the B-Professionals to select Models for the services that they may require;
- To supervise that the B-Professional correctly pays the Total Price;
5.3. Sizzling-Models.Com is only an intermediary. The agreement is reached by the B-Model and the B-Professional without any recommendation of Sizzling-Models.Com. Sizzling-Models.Com does not take any decision on the suitability of a B-Model for a certain job. The only persons responsible of the decision and of the adequacy of the services of a B-Model for a concrete job are the B-Professional and the B-Model.
If any worker of Sizzling-Models.Com makes any remark regarding the work of a Model or its suitability for a job in any means of communication, including Sizzling-Models.Com website, these will be considered as simple personal opinions, for which Sizzling-Models.Com and/or its workers will not be held responsible.
Sizzling-Models.Com is not responsible for the job carried out by the B-Model. B-Professionals and B-Models agree and acknowledge that Sizzling-Models.Com is not responsible of any issue arising between them regarding the completion of the specific job. The responsibilities of the B-Professional and the B-Model, other than the ones specified in these Terms & Conditions, are set out in the concrete agreement reached by them.
5.4 B-Models and B-Professional agree and acknowledge that the relationship between them is that of independent contractors.
5.5 B-Agents and B-Models agree and acknowledge that Sizzling-Models.Com is not responsible for:
- any expenses, including travelling and food expenses, incurred by the B-Model or the B-Professional;
- the correct completion of the job;
- the veracity or accuracy of any document or information given between the B-Model or the B-Professional;
- and the use by the B-Models and/or the B-Professional of the information and documents exchanged between them.
5.6 Sizzling-Models.Com does not offer any form of insurance since the Website only provides an online venue for B-Professionals to make and offer and buy services of B-Models.
5.7 Depending on the applicable jurisdiction, B-Models and B-Professionals may have rights that cannot lawfully be excluded. Nothing in these Terms & Conditions is intended to override such rights.
- Complaints and Disputes
6.1 B-Professionals can raise any complaints that they may have regarding the completion of the job by the B-Model to Sizzling-Models.Com up until 24 hours after the Agreed Date.
- If Sizzling-Models.Com receives the complaint within the abovementioned period, the Total Price paid by the B-Professional is held by Sizzling-Models.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 Sizzling-Models.Com and no agreement is reached between the B-Model and the B-Professional regarding the complaint, the Total Price is released by Sizzling-Models.Com. Sizzling-Models.Com will then follow the procedure stated in Clause 3.4 (Section C) and any dispute that may arise between the B-Professional and the B-Model shall be solved judicially or extra-judicially by them;
- If Sizzling-Models.Com receives the complaint after the abovementioned period, the Total Price is charged as specified in Clause 3.3 (Section C). Sizzling-Models.Com will then follow the procedure stated in Clause 3.4.1 (Section C) and any dispute that may arise between the B-Professional and the B-Model shall be solved judicially or extra-judicially by them. B-Professionals acknowledge and accept that if the complaint is made after the abovementioned period, the commission of Sizzling-Models.Com will not be refunded in any case.
6.2 When any dispute regarding the agreement reached between the B-Professional and the B-Model through the Booking System arises:
- The B-Professional and the B-Model commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including Sizzling-Models.Com.
- If the B-Professional and the B-Model reach an agreement within 1 month after the Agreed Date, they commit themselves to inform of the agreement to Sizzling-Models.Com.
- If the B-Professional and the B-Model do not reach an agreement within 1 month, both parties will have to solve their problems judicially or extra-judicially, with no intervention of Sizzling-Models.Com.
6.3 B-Professionals and B-Models agree and acknowledge that Sizzling-Models.Com does not provide leg