GENERAL TERMS AND CONDITIONS OF USE
MY HOSTESS (www.myhostess.company) – hereinafter referred to as “MH” – is a multilingual website for information and jobs from the promotion, trade fair and event sector. Our service is aimed primarily at all those who have to place orders as part of a personnel-based advertising campaign or who want to accept them.
MH primarily appeals to industrial customers, conceptual advertising and event agencies and the self-employed, as well as service providers close to the above-mentioned business groups – hereinafter referred to as “users”. Private individuals / consumers are excluded within the meaning of BGB § 13.
1) MH provides all paid and free, registration and non-registration services, content and information provided on the basis of these terms and conditions. If necessary, these are specified in product-specific service descriptions.
2) Unless otherwise specified in the product-specific service descriptions or individual agreements, the following regulations apply. Different terms and conditions of the users or other contractual partners do not apply. They do not apply even if MH does not expressly contradict them.
3) MH reserves the right to change these terms and conditions at any time. The changes will take effect as soon as they are announced on the website at ”myhostess.company/agb”. Registered users are informed of the changed terms and conditions when dialing into the user account (“Account”). The user is bound to the changed terms and conditions if he does not object to MH in writing before 14 days after the changes have been announced.
4) MH also reserves the right to change its portfolio at any time.
2. Conclusion of contract
1) Registration is required for the restricted access services provided by MH. When entering their data, the user must truthfully provide all the data required for the activation.
2) MH reserves the right at any time to refuse the acceptance of a customer application for participation in the services of MH or a specific order in whole or in part without giving reasons and to obtain credit information relating to the user before any acceptance of a corresponding application / order.
3) In addition to various free services, MH offers additional chargeable services, for which the conclusion of further contracts between the user and MH is required. The contractual details regulate the respective product-specific service descriptions.
4) Subject to separate regulations, the use of MH’s chargeable services in particular can only take place if the user is over 18 years old or if the consent of a legal representative has been obtained. By registering with MH, the user assures that they are of legal age or that they have the consent of a legal representative.
5) Since MH is an exclusively internet-based service, the user expressly agrees that all information exchange between him and MH takes place online, via email or fax and accordingly all contracts between the user and MH online, via email. Mail or fax can be closed. For this purpose, the user must have an email account that can be reached at any time at his own expense.
6) MH reserves the right at any time not to publish content posted or commissioned by the user (data sets, texts, photos, images, etc.) without prior information from the user according to uniform, objectively justified principles or at its own discretion – also in retrospect – to change. This applies in particular if said content violates legal or official prohibitions or common decency or if publication for MH is unreasonable for other reasons.
7) MH also reserves the right at any time to block and / or delete user accounts at its own discretion and without prior notice, even if there are first violations, if the user in question is racist, sexist, insulting, defamatory, hateful, religiously offensive, threatening or disseminates content that is relevant under criminal and / or civil law in any other form, or violates legal or official provisions, in particular provisions of commercial legal protection (competition law, trademark law, design patent law, patent law) and copyright law as well as contrary to common decency or these terms and conditions.
8) MH is also entitled in these cases to terminate all current contracts without notice and / or to withdraw from them entirely. Any blocking and / or termination of the contract without notice does not release the user from his payment obligations. MH’s right to assert the fees or claims for damages accrued up to that point remains unaffected. The user has no right to reimbursement for fees already paid in the above cases.
3. Prices, payment, default, retention of title
1) In particular with regard to the chargeable services, MH is aimed exclusively at commercial companies or the self-employed, and expressly not at private individuals / consumers within the meaning of BGB § 13 or end consumers within the meaning of PAngV § 1. The prices stated on MH are understood – provided that not stated otherwise – in euros plus VAT at the statutory rate.
2) Both the registration for the “standard account” and the use of the same is free of charge for every user of MH; there are no running costs, for example in the form of a monthly recurring payment. In addition, additional chargeable services (e.g. gold package, platinum account, etc.) with extended services can be ordered by the respective user.
3) In the case of the fee-based services, the user is informed of the duty to pay before using the service. The user pays MH for the use of the respective services – unless otherwise agreed in writing – the remuneration resulting from the price lists available on the Internet under “myhostess.company” and product-specific service descriptions. The decisive factors are the prices published on MH at the time the order is received.
4) Unless otherwise stated, all fees owed by the user are payable in euros plus the legally applicable VAT. MH will immediately issue an invoice when the invoice amount is due and will usually send it to the user by email and / or post. The respective invoice is payable without deductions within 14 days of receipt by the user.
5) If no receipt of the invoice amount can be determined by MH within the payment period of 14 days, MH reserves the right at any time to charge a flat fee of 10.00 euros per reminder / reminder including the legally applicable value added tax.
6) In the event of late payment, MH is entitled to block the user account concerned without notice without notice, to terminate all current contracts without notice and / or to withdraw from them entirely. Any blocking and / or termination of the contract without notice does not release the user from his payment obligations. MH’s right to assert the fees or claims for damages accrued up to that point remains unaffected. The user has no right to reimbursement for fees already paid in the above cases.
7) Interest on arrears will be charged at eight (8) percent above the base rate. The user reserves the right to prove less than the claimed damage caused by delay.
8) All rights remain with MH until the agreed fees have been paid in full. MH also reserves the right to make the transfer of rights subject to the condition precedent that all claims arising from current business are settled in full.
4. Offsetting, rights of retention
1) The user can only offset against claims by MH with undisputed or legally established counterclaims.
2) The user can only exercise a right of retention if his counterclaim results from the same legal relationship.
5. Contract duration, contract termination
1) The contract terms and notice periods each result from the product-specific service descriptions. In the case of term contracts with a minimum term of six (6) months, the contract entered into is extended again by the original term (e.g. a 6-month contract for a further six (6) months; a 12-month contract for a further 12 months), unless one of the contracting parties 14 days before the end of the term in writing by email, letter or fax.
2) For the rest, MH refers to the regulations mentioned in § 2.
6. Rights and obligations of the users
1) Registered users are entitled and at the same time obliged to use MH’s services in accordance with the provisions of these terms and conditions.
2) When using MH, the general laws must be observed. In particular, users are prohibited from using the MH website to upload infected or otherwise defective data to MH’s web servers, to send mass emails, or to deliberately incorrect or misleading information about the person when registering to make, or to register under a false identity. For the rest, MH refers to the regulations mentioned in § 2.
3) Furthermore, MH users are prohibited from copying all or part of the content published on MH (data records, texts, photos, images, etc.) and passing it on to third parties – in particular the competition – for a fee or free of charge. The use of such content on other internet offers requires the express and written consent of MH or the respective rights holder. This applies in particular to the so-called “screen scraping” of all content published on MH. In the event of an unauthorized transfer / takeover of content published on MH – in whole or in part – the user and MH are already agreeing a reasonable license fee in the amount of EUR 500.00 plus the legally applicable value added tax for each content concerned as defined above as a binding compensation regulation. This applies in particular to job advertisements (industrial customers, conceptual advertising and event agencies etc.) and for SetCards set by job seekers (promoters, hostesses etc.). In such cases, the aforementioned concrete compensation will be offset against the entire compensation claim.
4) If the data and / or image material of the user changes, the user is obliged to update his user account and the data and / or images contained therein promptly and truthfully.
5) The user declares that he neither deliberately nor negligently gives third parties the opportunity to access his user account with MH. In addition, the user assumes full responsibility for the use of his account. He is therefore also liable for the improper use of his user account and has to bear all costs of unauthorized use, unless he can exculpate himself against MH.
6) The user must therefore take appropriate measures to ensure that his access data does not fall into the unauthorized hands of third parties. If the user suspects that his user data has passed into the unauthorized hands of third parties, the user bears the sole responsibility to inform MH of this fact immediately online, via email or fax, and to change his user data to cause. Any costs for changing / blocking his user account or any downtime for the user must be borne by the user.
7) Without the written consent of MH, the user is prohibited from providing the services of MH to third parties in whole or in part for payment and / or free use, for example by passing on his user data. The transfer of individual rights or the entire contract by the user to third parties is subject to MH’s reservation of consent.
8) The user releases MH from any claims that result from the unlawful use of its user account. Subject to further claims for damages from MH against the user, the user is liable in particular for all costs that arise from necessary legal proceedings and legal defense for MH.
9) It is the sole responsibility of the user to regularly back up their data. Even if MH makes regular data backups, MH assumes no liability for possible data loss.
10) In the event of defects on the MH website, the user must document them appropriately (e.g. by taking screenshots) and, in particular, immediately report them by logging the displayed error message (s). In addition, the user has to support MH in the event of a possible rectification of the defect. This obligation is a basic prerequisite for the assertion of any warranty or defect claims. The user must notify MH of any obvious defects in writing within two weeks of the discovery; Deadline is sufficient for the timely dispatch. After the grace period has expired, the assertion of warranty claims is excluded.
11) For the rest, MH points out that other rights and obligations of the users of MH are mentioned in other – context-related – places in these terms and conditions.
7. Rights and obligations of MH
1) MH is not obliged to ensure that its website is accessible and error-free at all times. This applies in particular to the extent that access to MH’s services is affected by faults that are beyond MH’s sphere of influence. In addition, MH is entitled at any time and without prior notice to temporarily or partially restrict the accessibility of its website for maintenance work.
2) MH points out that due to legal orders or judicial decisions, corresponding content (data sets, texts, photos, images, etc.) and / or user data must be released to authorized third parties (e.g. law enforcement authorities).
3) MH is entitled at any time, but not obliged, to publish content published by the user and / or commissioned to post it (data records, texts, photos, images, etc.) in accordance with general law, the rights of third parties and / or these terms and conditions to check.
4) For the rest, MH points out that other rights and obligations of MH are mentioned in other – context-related – places in these terms and conditions.
8. Disclaimer of liability
1) MH is liable with reference to § 7
- for damage covered by liability under the Product Liability Act;
- for damage based on an intentional or grossly negligent breach of duty by MH, a legal representative or a vicarious agent of MH;
- for damage caused by simple negligence on the part of MH, insofar as this negligence concerns the violation of essential contractual obligations (“cardinal obligations”). Cardinal obligations are those obligations that the contract has to grant to the contracting partner according to their meaning and purpose or whose fulfillment enables the orderly execution of the contract in the first place and on the observance of which the contracting partner can regularly rely. In these cases, MH’s liability is limited to damage that is typically associated with the contract and is foreseeable;
2) The above regulation includes all contractual and legal claims that result from these terms and conditions or the use of MH’s services. For the rest, MH’s liability is expressly excluded. This applies in particular to data loss that was not caused by intentional behavior on the part of MH, a legal representative or a vicarious agent of MH.
3) MH offers its users a platform on which users can offer or search for jobs and services in exchange or for payment. The MH offer is therefore limited to bringing its users together. The negotiation of any contracts and their conditions in the contractual relationship between the respective users is exclusively a matter for the contracting parties. Therefore, MH assumes no liability for the content, fulfillment, success and / or payment of the contracts negotiated between the parties.
4) Both MH and its users assume that the job offers advertised here – unless otherwise stated and expressly stated in the advertisement text – are equivalent to an advertisement (“pitch”) between companies or the self-employed. However, should an employment relationship between the respective users be subject to social insurance, the contractual arrangement and compliance with the statutory provisions are the sole responsibility of the contracting parties.
5) For the rest, MH points out that other liability-related aspects are mentioned in other – context-related – places in these terms and conditions.
9. Disclaimer for references / links
1) In the case of direct or indirect references to external Internet offers (“links”) that are outside MH’s area of responsibility, a liability obligation only comes into force if MH is aware of any illegal content on the website and MH is technically possible and it is reasonable to prevent the use of appropriate content.
2) MH hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked Internet sites. MH has no influence on the current and future design, content or authorship of the linked internet offers. Therefore, MH hereby expressly distances itself from all content of all linked internet offers that were changed after the link was created. This statement also applies to all links set within our own website as well as for all third-party entries in services offered by MH.
3) The provider of the linked website is solely liable for illegal, incorrect or incomplete content.
10. Copyright, trademark law
1) MH endeavors to observe the copyrights of the content used (data records, texts, photos, images, etc.) in all publications and to use only content created by MH itself or to use license-free or properly licensed content.
2) All brands and trademarks mentioned on the MH website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the registered owner. The mere mention does not mean that the corresponding trademark is not protected by the rights of third parties.
3) The copyright for content created by MH itself (data sets, texts, photos, images, etc.) remains solely with MH. Duplication or use of such content in other electronic or printed publications is strictly prohibited without the express and written consent of MH. This applies in particular to the so-called “screen scraping” of all content published on MH.
11. Data protection
1) MH’s data protection practice complies with the general data protection regulations of the Federal Data Protection Act (BDSG), the Teleservices Data Protection Act (TDDSG) and the Telemedia Act (TMG) for the individual use of combinable data such as characters, images or sounds as well as for the offer and use of information and communication services aimed at the general public in text, sound and images.
2) The collection, processing and use of personal data of MH users is carried out in accordance with the strict requirements of German data protection law under the principle of data avoidance, data transparency and data security. The data collected will only be processed and used by MH and its trading and service partners to the extent necessary for the conduct of the business concluded with the users of MH and the maintenance of the resulting customer relationship, permitted by law and desired by the individual user.
3) In order to carry out the registration-requiring services offered by MH, MH requires from its users: name (s), address (es), delivery address (es), telephone number (s), fax number (s), e-mail address (es) and information on payment processing. For the successful bringing together of job providers (industrial customers, conceptual advertising and event agencies etc.) and job seekers (promoters, hostesses etc.), MH also needs data from its users, which is usually from the job providers registered with MH in one Personnel forms are recorded. Depending on the type of service, it may also be necessary for all or part of this information to be passed on to MH’s trading and service partners.
4) If the MH website is accessed, several data records are saved on the MH web servers. These data records are necessary for the correct handling of the functionalities of MH and are only evaluated internally to optimize the MH website. It is not passed on to outside third parties – with the exception of the external counting and advertising mechanisms. For the rest, MH refers to the “Disclaimer third-party providers” section under “myhostess.company/impressum”.
5) Each time a page is accessed, access data is also saved in log files. These log files provide information about the country of the visitor, the IP address, the remote host, the time, the account status, possibly the amount of data transferred and the website from which the user came to the MH website and the Product or version information about the browser software used.
6) MH also informs all visitors to this website that this website uses so-called “cookies” to manage user sessions and to optimize the visitor experience. Cookies are small text files that are stored locally in the cache of a website visitor’s browser software for a maximum of 365 days. The storage of cookies can be prevented by the corresponding setting in the respective browser software by the site visitor; However, MH expressly points out that in this case not all functions of this website can be used to their full extent. For the rest, MH refers to the “Disclaimer third-party providers” section under “myhostess.company/impressum”.
7) Personal data is only collected with the consent of the user (e.g. by checking the box when registering a user account, sending a contact form or requesting individual offers from the user). Upon informal application, users of MH receive free information about the personal data stored about them. Similarly, MH users can request the deletion of their data at any time in writing by email, letter or fax from the data protection officer of MH: firstname.lastname@example.org.
8) If MH’s services requiring registration are terminated, the user data (e.g. open fees owed, ongoing law enforcement proceedings) may remain stored on MH’s web servers, provided that this does not conflict with legal regulations. Basically, MH interprets the deletion request of a user in such a way that all user data is immediately deleted from MH’s web servers. As a rule, “deletion” really means deletion!
12. Job letter / newsletter, email communication
1) MH sends regular job letters or newsletters to registered users.
2) The job letters or newsletters can be canceled at any time directly from the job letters / newsletters.
3) By accepting these terms and conditions, the user agrees until the cancellation of the sending of our job letters or newsletters to the email address provided by him.
4) Irrespective of any settings for the media mentioned above, MH will send an e-mail to all affected registered users in special cases if this contains information relevant to use.
1) To the extent permitted by law, the place of performance is London.
2) The law of the United Kingdom of England applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
3) London is agreed as the place of jurisdiction for merchants and corporations.
4) If one of the preceding provisions is invalid, the effectiveness of the remaining provisions remains unaffected. In the case of an ineffective provision, such a provision applies that comes closest to the meaning and purpose of the ineffective provision. The same applies to any loopholes in the regulations.
As of January 1st , 2022 , myhostess.company
TERMS OF SERVICE
All offers, deliveries and services from MYHOSTESS.COMPANY, a division of APP-ASSETS, London, regarding the organization and implementation of events are based on the following general terms and conditions.
Conflicting terms and conditions of the client are only effective if they are expressly recognized in writing by the contractor. Additional or deviating provisions must be in writing to be effective. Faxes are accepted.
Should individual provisions of the general terms and conditions or individual points of the contract be ineffective, this does not affect the effectiveness of the remaining provisions. Otherwise, the statutory provisions apply.
1. Conclusion of contract:
The basis of the business relationship is the respective offer of the contractor, in which all agreed services and the remuneration are recorded. The offers are non-binding. The basis of the offers is the price list of the contractor in its current version.
A contract is formed by the unilateral signature of the offer by the client. In the case of general merchants, this can also be done at the request of the customer through a confirmation of the order by the contractor. A further confirmation of this order confirmation by the customer is no longer necessary for a legally effective conclusion of a contract.
2.scope of services:
The scope of the contractual services results from the contract or from the written order confirmation of the contractor.
The minimum booking time for our services is 3 hours. Orders lasting less than 3 hours are accepted with a 25% surcharge on the normal fee and the assumption of any travel expenses incurred. This does not apply to briefings and model orders, but also to orders that have been completed over a longer period of time and then shorten to less than 3 hours).
For work between 11:00 p.m. and 6:00 a.m., the contractor shall charge a night surcharge of 25%.
As part of the agency fee, the contractor provides the following services:
The pre-selection of the available forces and the provision of meaningful profile ideas
The creation and dispatch of applicant profiles / checklists / briefings
Organization and provision of substitute staff
Dispatch logistics, billing and operational monitoring
The 24-hour availability of the project manager
Duration of use and invoice verification
Project completion (e.g. feedback discussion, evaluation of the order processing and, if necessary, evaluation)
Photo documentation on request
Editorial reporting in the BLOG and social media.
The contractor is entitled to change the agreed services for the client (e.g. if models, hostesses, helpers, artists, promoters, moderators are not available), insofar as this does not unreasonably change the value of the service to the disadvantage of the client.
The Contractor shall notify the Customer of such changes or deviations immediately.
Furthermore, the contractor is entitled to change the agreed services at any time after consultation with the client. This applies in particular to the course of events.
4.Terms of payment:
If no deviating terms of payment have been agreed, the agreed price for the service to be provided by the contractor is to be paid as follows:
50% of the total amount at the latest on the day before the start of the trade fair, event, promotion or other event and
50% within 7 days after issuing the final invoice.
Cash discounts are generally not granted.
If the payments are not made at the agreed time of payment, the contractor reserves the right to withdraw from the contract and to demand damages due to unilateral non-performance on the part of the client. The amount of the claim for damages is calculated on a case-by-case basis, but amounts to at least the sum of the agreed fee. Furthermore, in the event of default in payment, the contractor is entitled to demand default interest of at least 5 percentage points, or 8 percentage points above the respective base interest rate in the case of entrepreneurs as clients. Furthermore, the client has to bear the costs incurred as a result of the delay (dunning fees, legal fees).
The customer may only offset undisputed or legally established claims or exercise a right of retention.
The personnel required for the execution of the order will be provided by the contractor. The client undertakes not to approach the personnel used by the contractor to carry out the order directly for further orders (trade fairs, promotions, events, etc.) nor to conclude direct contracts with this personnel (§10).
The following included and payable breaks apply to working hours: 7-hour shifts (30-minute break), 8-hour shifts (45-minute break), 9-hour shifts (1-hour break).
Unless expressly agreed otherwise, the client is obliged to create the necessary conditions for fulfilling the purpose of the contract. These include in particular:
any requirements (e.g. medical service, provision of helpers), infrastructural conditions such as electricity and water connections, sufficient size of the place of performance and unhindered access to this place must be met; when it gets dark, sufficient lighting must be provided.
The safety of the persons carrying out the work as well as third parties/visitors and the safety of the equipment required for the execution (e.g. against theft or vandalism) must be guaranteed.
The use of the provided equipment is at your own risk. The client is liable for fire, theft and damage to property caused by visitors.
The customer bears the operational and personal risk for the proper handling of the event.
The event takes place on behalf of the client. All persons commissioned to do so act on behalf of the client. The client is liable for all damage to the visitors. Recourse is only possible in the event of intentional or grossly negligent actions by the contractor.
7.Warranty and liability:
The contractor undertakes to prepare conscientiously and carefully select and monitor the due diligence of a prudent businessman. Due to violation of contractual or non-contractual obligations, the contractor is only liable for intent or gross negligence, subject to provisions other than those made in these General Terms and Conditions.
The contractor is only liable for damage to persons or property caused by the contractor’s employees or agents in the course of carrying out the order in the event of intentional or grossly negligent action. Apart from that, liability on the part of the contractor is excluded.
A claim for damages by the client against the contractor – for whatever legal reason – is limited to the agreed fee.
Insofar as the contractor is entitled to claims for damages against third parties in connection with the execution of the contract, the contractor also assigns such claims for compensation to the customer, provided that the latter accepts the assignment of such future claims. In such a case, the client is not entitled to any further claims against the contractor.
The client undertakes to take out organizer liability insurance for the event.
8.Withdrawal of the contractor:
In addition to the legally regulated cases, the contractor is entitled to withdraw in the following cases:
Lack of assurance of timely payment (§ 4)
Lack of cooperation of the client, so that a successful implementation of the contract is not possible
Failure of artists, promoters or third-party services without it being possible to obtain an adequate replacement in a reasonable manner
In the event of a justified withdrawal, the customer is not entitled to compensation, unless the contractor acted with gross negligence or with intent. In this case, the claim for damages amounts to a maximum of the agreed fee. The contractor reserves the right to reduce the claim for damages if it can prove that no damage or only less damage than the flat rate demanded has occurred.
9.Cancellation of the client:
The client can withdraw from the contract up to the day of the event. The declaration must be in writing to be effective.
If there is no statutory right of withdrawal, the client is obliged to bear the damage incurred plus the loss of profit. The contractor is entitled to demand flat-rate compensation according to the following scale instead of a detailed damage calculation:
Withdrawal after conclusion of contract up to 14 days before the start of the event:
0% of the total agreed amount to be paid
Withdrawal after conclusion of the contract between 14 and 7 days before the start of the event:
25% of the total agreed amount to be paid
Withdrawal after conclusion of the contract between 7 and 3 days before the start of the event:
50% of the total agreed amount to be paid
Withdrawal after conclusion of the contract and less than 3 days before the start of the event:
100% of the total agreed amount to be paid
The customer reserves the right to reduce the flat-rate compensation if he can prove that no damage or only a lower damage than the flat-rate demanded has been incurred.
10.Protection against competition:
The persons used by the contractor to fulfill the respective contract (freelancers and those subject to social security contributions) may not be employed by the client for a period of 18 months after the end of the contract, nor may they be commissioned by the client as freelancers or subcontractors or placed with third parties.
A contractual penalty of €1,500.00 per person is agreed for each case of violation. We reserve the right to make further claims for damages. in this context, reference is made to §1, UWG and §826 BGB.
11.Copyright and usage rights:
All ideas, presentations, project outlines, project papers, concepts, plans, works and layouts generated by the contractor are the intellectual property of the contractor.
The works created by the contractor are intended exclusively for the client. The processing, exploitation, duplication and commercial distribution is only permitted with the consent of the contractor as the author. The execution of the concept work is reserved solely for the contractor.
If the order is not placed with the contractor, the customer of these works is obliged to refrain from using the ideas, suggestions, concepts, layouts and texts presented in the context of the cooperation.
Any further use, disclosure to third parties, partial or complete realization of the ideas, suggestions, concepts, layouts and texts presented within the framework of the cooperation requires the consent of the contractor.
In accordance with § 28 of the Federal Data Protection Act (BDSG) and the GDPR, the contractor draws attention to the fact that the data required for the transaction is processed and stored using an EDP system in accordance with § 33 (BDSG) and Article 5 GDPR. Personal data will be treated confidentially.
13.Place of jurisdiction, place of performance:
Place of jurisdiction and fulfillment for orders in Germany is Nuremberg, for orders abroad London.
Status: May 2022