The service "GigPlanner.com" is offered to you as Software-as-a-Service by the company GigPlanner.com. The following conditions apply to the use of GigPlanner.com. By using GigPlanner you accept these terms. Exemptions from these terms are only binding when written consent has been given by GigPlanner.com.
1.1. GigPlanner.com is an online tool for the online planning, booking and administration of artists and musicians. Members can subscribe for free.
For group collaborations a paid subscription to group account is necessary.
1.2. To use GigPlanner.com you have to register. When you have completed your registration you can directly log in to your GigPlanner account to use our services.
1.3. You must protect the access to your account with your username and password from unauthorised users. In particular, you have to keep your password safe and strictly secret. GigPlanner.com may assume that all activities that take place within your account after logging in with your username and password are conducted under your supervision. Therefore you are responsible for all actions, unless you have made known to GigPlanner that someone else knows your password.
1.4. GigPlanner.com processes your personal information. By subscribing you give permission for all the processes that are within the scope of the service. Consult the privacy statement of GigPlanner.com for more information.
2.1. It it prohibited to use GigPlanner.com for practices that are in conflict with the Dutch, or other applicable, laws and regulations. This for example includes the storage or distribution of information that is dishonest, slanderous or racist.
2.2. When GigPlanner.com ascertains that you have violated the terms mentioned above they have the authority to intervene to end the violation.
2.3. When, by the judgement of GigPlanner.com, nuisance, damage or other dangers arise for the functioning of the GigPlanner.com network, other parties or services via the internet, GigPlanner.com is authorised to take all measures they deem necessary to avert or prevent this danger. In particular sending emails or other data in excessive amounts, the leaking of personal information or the activity of viruses, Trojans and other comparable software.
2.4. GigPlanner.com always has the right to report the established criminal offences. Furthermore, GigPlanner.com has the right to pass on your name, address, IP address and other information that identifies you to a third party that complains that you violate their rights or violate these terms of use. Provided that the complaint is sufficiently plausible, there is no other way to track down this information and the third party has a clear importance in receiving this information.
2.5. GigPlanner.com is allowed to claim compensation if these violations have caused any damage. You safeguard GigPlanner.com from all claims from third parties that relate to damage resulting from a violation of these user rules.
3.1. GigPlanner.com will make an effort to make the service available, however we do not guarantee uninterrupted availability.
3.2. GigPlanner.com maintains GigPlanner.com actively. In case maintenance leads to limited availability, GigPlanner.com will conduct this maintenance while the use of the service is relatively low. Maintenance will be announced in advance when possible. Maintenance in case of calamities can take place at any moment and will not be announced in advance.
3.3. GigPlanner.com is allowed to adjust the functionality of the service occasionally. Your feedback and suggestions are welcome, however GigPlanner will decide which adjustments will be implemented in the end.
4.1. De service GigPlanner.com, the accompanying software, as well as all information and images are intellectual property of GigPlanner.com. They cannot be used or copied without explicit written consent from GigPlanner.com, with exception of the cases in which this is legally allowed.
4.2. Information that you store or use through our service is and stays your property (or that of your suppliers). GigPlanner.com has limited right of use to employ this information voor our service, and the future aspects of this service. You are able to withdraw these rights of use by removing the concerned information and/or by terminating the agreement.
4.3. In case you send information to GigPlanner.com, for example feedback about an error or a suggestion for improvement, you give GigPlanner.com an unlimited and eternal right to use this information for the service. This does not apply to information which you explicitly mark as confidential.
4.4. GigPlanner.com will not take note of information that you store or distribute through GigPlanner.com, unless this is necessary for service purposes or because GigPlanner.com is obligated to do so by a statutory provision or court order. In this case GigPlanner.com will make an effort to restrict the collection of information as much as possible, as far as this is in their power.
5.1. A compensation is connected to certain functionalities of GigPlanner.com. When you want to use the concerning functionalities this compensation will be brought to your attention. De compensation is due in advance per month or per year.
5.2. Payment can be executed through iDEAL, creditcard, PayPal or through the payment instructions on the website.
5.3. Because the service is deliverd immediately, on your explicit request, it is not possible to cancel your payment.
5.4. GigPlanner.com sometimes works with promotional codes. You can always only use one promotional code at a time.
6.1. With exception from intention or gross negligence, the liability of GigPlanner.com is limited to the amount you have payed in the three months leading to the harmful event.
6.2. GigPlanner.com is explicitly not liable for indirect damage, consequential damage, lost profits, missed savings or business stagnation.
6.3. Condition for the right of receiving compensation is that you inform GigPlanner.com of the damage in writing within two months.
6.4. In case of superior force GigPlanner.com is never obliged to compensate for the damage caused to you. Among other things, superior forces are: malfunction or failure of the internet, the telecommunication infrastructure, power outages, domestic disturbances, mobilization, war, obstruction of transport, strikes, exclusion, business disturbances, stagnation in supply, fire and flooding.
7.1. This agreement starts when you first use our services and runs for, depending on your choice, a month or a year.
7.2. After this term you can decide whether you want to extend the agreement for either a year or a month. Through the portal you can make your payment. After finishing this payment succesfully you automatically gain access to our services again untill the end of the chosen duration.
7.3. GigPlanner.com can end the agreement when you have not used or subscribed to our services for six months consecutively. All data will then be removed permanently. In this case, GigPlanner.com will send an email to the address that is connected to the account to remind you of this.
7.4. You can download the data that you store in GigPlanner.com through the interface at any time.
8.1. GigPlanner.com has the right to change the terms and the prices of their services at any given moment.
8.2. GigPlanner.com will announce these changes or additions through at least thirty days in advance.
8.3. In case you do not wish to accept any of the changes or additions, you can terminate your agreement until the changes or additions will be put into operation. The use of the service after this date applies as acceptance of these changed or added terms.
9.1. Dutch law applies to this agreement.
9.2. Unless otherwise prescribed by the rules of mandatory law, all disputes GigPlanner.com related to GigPlanner.com will be submitted to the Dutch court for the district in which GigPlanner.com is located.
9.3. If a provision in these terms of use requires that a notice must be made "in writing", it also is allowed to do so by email or via the service, provided it is sufficiently established that the message actually comes from the alleged sender and that the integrity of the message is not affected.
9.4. The version of communication or information stored by GigPlanner.com is deemed to be correct unless you provide evidence to the contrary in that regard.
9.5. If a provision in these terms and conditions of use proves to be invalid, this does not affect the validity of the entire terms of use. In this case, the parties will determine (a) new provision (s) to replace them, with which, as far as is legally possible, the intention of the original provision is given shape.
9.6. GigPlanner.com is entitled to transfer its rights and obligations to a third party that will take over the business activities of GigPlanner.com
9.7. The user himself is responsible for regularly exporting the data to his own computer or storage medium for the case that there is no internet connection available and the user can not reach the service.