General Terms and Conditions for the use of themodel.cloud by Models
By subscribing to themodel.cloud, Models accept the following general terms and conditions (the "GTCs") for using themodel.cloud.
The Model enters into this agreement on the use of themodel.cloud with The Model Cloud Limited.
"GTCs": General terms and conditions for the use of themodel.cloud Website by Models and Professionals.
"Website": Themodel.cloud website
"Professional(s)" :Agents/agencies, photographers, casting directors, brand representatives, hair and makeup artists, stylists and other industry professionals that are Registered Account users on the Website and that use the Booking System;
"Model(s)": Models aged 18 years and above who are subscribed to themodel.cloud and who use the Booking System;
"Users": Professionals and Models using the services of themodel.cloud.
"Booking System": A feature of the Website whereby a registered Professional/Professional(s) may book a Model/Model(s) for a Job;
"The Content": Photographs, videos, portfolios and other materials posted on the Website in accordance with the content guidelines published on the Website.
" Job": A particular job booked for a Model through the Booking System for a half day (4 hours) or full day(s) (each day 8 hours)
"Registered Account": A registered account whereby a Professional may use the Booking System.
"Total Price": Total sum excluding any Overtime Fee and Overtime Commission a Professional/Professional(s) must pay themodel.cloud for booking a Model/Model(s) through the Booking System to include the Agreed Model’s Fee, Commission and VAT.
"Agreed End Date": End date of the Job requested by a Professional to the Model through the Booking System that has been agreed between both of them;
"Agreed Start Date": Start date of the Job requested by the Professional to the Model through the Booking System that has been agreed between both of them;
"Agreed Model’s Fee": Fee excluding any Overtime Fee agreed between the Professional and the Model for the Job requested by the Professional to be paid to the Model through the Booking System.
" Commission": Commission payable to themodel.cloud by the Professional.
"Overtime Fee": Additional fee payable to the Model in the event that a Professional requires a Model to provide further modelling services in the event a Job takes longer than the time booked of a half or full day(s).
" Overtime Commission": Commission payable to themodel.cloud by the Professional.
"Approved Expenses Area": An area of The Website whereby expense claims may be submitted by a Model(s) for approval prior to payment of the Model’s verified expenses by the Professional.
"Approved Overtime Area: An area of The Website whereby overtime claims may be submitted by a Model(s) for approval.
USE OF THE MODEL CLOUD
1. Subject Matter
1.1 Themodel.cloud offers Models a platform for presenting their modelling portfolios, profiles and photograph books to Professionals with a view to entering into contracts with Professionals to provide modelling services pursuant to these GTCs.
1.2 The Model may apply to themodel.cloud Website for a Registered Account. Applications will be approved at the discretion of themodel.cloud which may request verification documentation in support of the Model’s application. Upon themodel.cloud’s acceptance of the Model’s application the Model will be provided with a Registered Account and will be entitled to use the Booking System.
1.3 All Models must be over the age of 18 years to be eligible for a Registered Account with themodel.cloud. In exceptional circumstances persons between the ages of 16 and 18 years may apply for a Registered Account with signed parental or guardian’s consent.
1.4 The Model acknowledges and agrees that due to technological reasons it is impossible to guarantee the availability of the Website at all times.Events relating to maintenance, security, capacity requirements and/or events beyond themodel.cloud's control may result in temporary malfunctions or interruptions to the services provided on the Website. Although themodel.cloud shall make its best endeavours to keep themodel.cloud available without interruption it. may, at its sole discretion, terminate, change or suspend any part of the Website, including any content, features or hours of availability.The Model shall not hold the themodel.cloud liable in any way as a result of any such disruption to the Website.
1.5 Themodel.cloud provides Models with a platform where they can establish contacts with Professionals . Themodel.cloud is not a party to any communications between Users. When Users enter into agreements with other Users via the Website themodel.cloud shall not be a contracting party to these agreements. The Users alone are responsible for the execution and completion of agreements into which they enter with other Users and themodel.cloud shall not be liable for any breaches of such agreements.
2. Registration and Representations and Warranties upon Registration
2.1 Models must register prior to using themodel.cloud services.
2.2 The Model represents and warrants that all of the data provided for registration is accurate and complete. The Model shall report any changes in the registration data to themodel.cloud without unreasonable delay.
2.3 The Model shall create a password upon registration which is required for access to the Model’s Registered Account. The Model is obliged to keep this password confidential. Themodel.cloud shall not disclose the password to any third party and themodel.cloud's personnel shall not ask for the Model’s password at any time. The Model shall notify themodel.cloud immediately of any known unauthorized use of the Model’s password or Registered Account.
2.4 By completing the registration process, the Model accepts these GTCs in their entirety.
3. Obligations of the Model and use of the Model’s name as a reference
3.1 The Model is obliged to provide only accurate information in its profile or portfolio and in communications with Professionals and themodel.cloud. It will be a breach of the GTCs to provide any misleading statement or misrepresentation. The Model shall, at all times and in all dealings and communications with Professionals, comply with any applicable law.
3.2 The Model may post on the Website only Content which is in compliance with the guidelines. Published on the Website.
3.3 The Model shall not:
3.3.1 Post any pornographic, insulting, discriminatory or defamatory Content, or any Content that infringes any applicable legislation for the protection of minors;
3.3.2 Advertise or promote, offer or distribute any products or services which do not comply with any applicable legislation for the protection of minors;
3.3.3 Use without authorization any Content which infringes any third party intellectual property right(s).
3.4 The Model warrants and represents that the public display of the Model’s Content is not prohibited by law or an infringement of any intellectual property right(s).
3.5 The Model shall not distribute or publicly disclose the contents of themodel.cloud, or knowingly perform any action which may impair the operation of the Website infrastructure, particularly any action which may overload said infrastructure.
3.6 The Model agrees that themodel.cloud may use the Model’s name as a customer reference and may publicly disclose and advertise the fact that the Model is using themodel.cloud.
4. Changes to the Services on themodel.cloud
Themodel.cloud reserves the right to modify the services offered on themodel.cloud or to offer at any time additional services from those offered at the time of the Model’s registration. This right is not to be exercised unreasonably.
5. Termination of a Registered Account
The Model may terminate his/her Registered Account with themodel.cloud at any time without cause. The Model may notify the termination to themodel.cloud by email at any time by written notice. The termination notice shall include the Model’s name and e-mail address. Upon receipt of the notice of termination of a Registered Account the Registered Account will be deleted from the Website system within 30 days.
BOOKING SYSTEM OF THEMODEL.CLOUD
6. Direct Booking
6.1 Professionals must describe fully in their Job offers made directly to any Model the specific details of the Job including the job requirements, dates and the fees that they intend to pay for the Job. For this purpose the Professional must submit a specific form which is available on the Website
6.2. It is at the discretion of the Model whether to accept any Job offer made directly to the Model. The Model has the option whether to accept the terms of the Job offer or to negotiate with the Professional in respect of any of the terms of the Job offer.
6.3 It is acknowledged by the Model than when posting a Job on the Booking System the Professional will show the Total Price along with the Agreed Model’s Fee.
7. Advertised booking
7.1 Themodel.cloud provides Professionals the ability to create customised Job advertisements that are shared on the Website with Models. Professionals are expected to provide a description of the Job along with the Job date and the fees they intend to pay for he Job. Models will be able to respond to the advertisements and apply to carry out the services required for the Jobs. The Model must provide only accurate information in applying for such Jobs. Themodel.cloud accepts no responsibility in respect of the quality or quantity of Models’ applications and responses to a Professional’s advertisements.
7.2 When a Model and a Professional reach an agreement in respect of the specific terms for a Job, including the fees, the Professional must pay the Total Price for the Job through themodel.cloud payment system in accordance with Clause 10 below.
8. Confirmed booking
Models acknowledge that the Total Price is payable to themodel.cloud by the Professional upon the Model’s acceptance of the Job. The Job will be confirmed booked by themodel.cloud upon receipt of the payment from the Professional.
9. Payment of Commission:
Commission and VAT will be deducted by the model.cloud from the Total Price upon receipt of the payment.
10. Method and conditions of payment
10.1 The Total Price is payable in pounds sterling. VAT is chargeable at the prevailing rate on Commission and Overtime Commission.
10.2 Themodel.cloud will retain the Agreed Model’s Fee from the Total Price paid by the Professional through themodel.cloud subject to clauses 10.3, 10.4,10.5 and 10.6 below
10.3 Themodel.cloud will release the Agreed Model’s Fee to the Model no more than 48 hours after the Agreed End Date.
10.4 In the event themodel.cloud becomes aware of any dispute between the Model and Professional in respect of the Job or associated technical problems, themodel.cloud will release the Agreed Model’s Fee after the dispute or the technical problems are resolved. In the event any dispute or technical problem between the Model and the Professional is not resolved within 1 calendar month following the Agreed End Date, the Agreed Model’s Fee will bereturned to the Professional. Themodel.cloud will not thereafter have any liability or further involvement in the matter whatsoever.
10.5 . Themodel.cloud may not release the Agreed Model’s Fee to the Model if the source of the Total Price paid is suspected to be fraudulent. Any payments made by fraudulent funds including suspected stolen credit or debit cards will be reversed and the Professional will be immediately required to pay the sum due to themodel.cloud by an alternative method.
10.6 Models and Professionals acknowledge and agree that themodel.cloud will be entitled to recover any reversed payment that may be imposed on funds paid through the model.cloud’s payment system.
10.7. Professionals are not entitled to reverse any payment made by them to themodel.cloud.
11.1 A Model may cancel a Job booking without penalty at any time before the Agreed Start Date.
11.2 In the event a Model cancels a Job booking it is the responsibility of the Professional to notify themodel.cloud of the cancellation no later than 24 hours following the cancellation.
11.3 A Professional may cancel a Job booking without penalty no less than 7 days before the Start Date provided the Model has performed no part of the agreed Job.
11.4 In the event a Professional cancels a Job booking no less than 7 days before the Start Date it is the responsibility of the Professional to notify themodel.cloud of the cancellation no later than 24 hours following the cancellation.
11.5 In the event a Professional cancels a Job booking between 7 days and 48 hours before the Start Date, provided the Model has performed no part of the agreed Job, themodel.cloud will retain the commission, any card fee and VAT paid on the commission.
11.6 In the event a Professional cancels a Job booking between 7 days and 48 hours before the Start Date it is the responsibility of the Professional to notify themodel.cloud of the cancellation no later than 24 hours following the cancellation.
11.7 In the event a Professional cancels a Job booking less than 48 Hours before the Start Date or upon the Model having performed any part of the agreed Job the Total Price remains fully payable to the model.cloud and themodel.cloud will release the Agreed Model’s Fee to the Model no later than 48 hours after the Agreed End Date.
12. The Model agrees and acknowledges that themodel.cloud is not responsible for the performance and completion of any Job carried out by the Model or the veracity or accuracy of any document or information exchanged between the Model or the Professional;
13. The Model agrees and acknowledges that there is no employment or worker contract between any Model and themodel.cloud or any Professional and themodel.cloud and that Users are independent contractors at all material time.
14. Expenses and Overtime
14.1 The Model agrees and acknowledges that themodel.cloud is not responsible for any expenses, including travelling and food expenses, incurred by Models or Professionals.
14.2. Expenses payable by the Professional to the Model may be submitted by the Model to the Approved Expenses Area with validated receipts for approval. Upon approval of any expense claim the Professional must pay the expenses to the Model within 7 days.
14.3. Overtime incurred by a Model must be claimed by way of the Approved Overtime Area. The Overtime Fee is 1.5 x the hourly job rate. Once approved the Professional must pay the Overtime Fee and the Overtime Fee commission within 7 days of approval.
15. Complaints and Disputes
15.1 Professionals may raise any complaints that they may have regarding the completion of the Job by the Model to themodel.cloud no later than 24 hours following the Agreed End Date.
15.2 In the event themodel.cloud receives a complaint from a Professional within the required period at Clause 15.1 the Total Price will be held by themodel.cloud in accordance with Clause 10.4.
15.3 In the event themodel.cloud receives a complaint from a Professional later than the required period at Clause15.1 the Total Price remains payable.
15.4 Users acknowledge and accept that in the event of any complaint made in accordance with Clauses 15.2 and 15.3 of these GTCs the Commission and Overtime Commission and VAT will not be refunded.
15.5 When any dispute regarding the agreement reached between the Professional and the Model through the Booking System arises the Professional and the Model commit themselves to attempt to resolve the dispute between themselves with no intervention of third parties, including themodel.cloud.
15.6 In the event the Professional and the Model reach an agreement to settle any dispute within 1 month following the Agreed End Date, they must inform themodel.cloud.
15.7 In the event the Professional and the Model do not reach an agreement to settle any dispute within 1 month following the Agreed End Date themodel.cloud will not thereafter have any liability or further involvement in the matter whatsoever.
16. Themodel.cloud does not make any warranty or representation regarding data and/or information provided or made available by any User of themodel.cloud. In particular, themodel.cloud does not warrant or represent that said data and/or information is true or accurate.
17. The Model shall report any activities of any other User which infringes any applicable law or any of the GTCs using the contact form available on the Website.
18. Customer Service/Support
19. Liabilityof themodel.cloud
Themodel.cloud or its agents shall not be held liable for any losses incurred by the Model unless the loss arises as a consequence of themodel.cloud’s own material breach of these GTCs or any applicable law.
The Model shall indemnify and hold themodel.cloud harmless from and against all actions, including damage claims, asserted by any User or third party against themodel.cloud resulting from any infringement of their rights by the Model. The Model will assume all reasonable costs themodel.cloud may incur due to the Model’s infringement of any User’s or third party’s rights, including themodel.cloud’s reasonable legal costs. All rights of themodel.cloud, including the right to claim damages, shall remain unaffected.
21. Data Protection
22. Feedback, Reputation and reviews
The Model accepts and acknowledges the transfer to themodel.cloud of copyright for all feedback, reputation and reviews that he/she may post on the Website. The feedback will thereafter belong solely to themodel.cloud. The Model acknowledges that he/she may not subsequently use this feedback without prior written permission of themodel.cloud.
The Model in accepting these GTCs declares that he/she fully understand the content of this English version of these GTCs.
24. Themodel.cloud does not offer any form of insurance or indemnity.
25. Nothing in these GTCs is intended to exclude or restrict any rights of the Model in respect of any terms implied by law which cannot be so excluded or restricted.
26. The Model agrees and acknowledges that themodel.cloud does not provide legal services or legal advice of any kind.
27. Themodel.cloud reserves the right to amend these GTCs at any time, without giving reasons. This right is not to be exercised unreasonably
29. If any provision of these GTCs is found to be void or unenforceable, for any reason, it will be severed from the rest of these terms and conditions so that it is ineffective to the extent that it shall not affect the validity of the remaining provisions which shall remain valid and enforceable. The Model agrees themodel.cloud may replace any invalid or unenforceable provision with a valid or enforceable provision which satisfies the intent and economic effect of the invalid or unenforceable provision.
30. Nothing in these GTCs confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
31. Governing Law.
These GTCs are made under and will be governed by the laws of England and Wales. The parties hereby submit to the non-exclusive jurisdiction of the English Courts.