1. IDENTIFICATION OF THE PARTIES.
These general contracting conditions for the services offered at the URL www.castingdirectortools.com (hereinafter the PORTAL) are signed by VADEVER FILMS S.L. (hereinafter, CASTING TOOLS), owner of said URL, with address at Calle Vallespir, 36 - BJ, Barcelona, 08014, Barcelona, with C.I.F. B61594446, registered in the Mercantile Registry of Barcelona, with no. 98015376 and email: info@vadever.com.
And, on the other hand, the CLIENT, whose personal data are those that have been entered by him in the form that CASTING TOOLS has made available to him. All the data included in the aforementioned form have been entered directly by the CLIENT, so the responsibility for their authenticity corresponds directly and exclusively to the CLIENT.
For the use of this portal, the express acceptance of the client is necessary, by clicking on the corresponding box, each and every one of these general conditions, as well as all those particular conditions collected for the use and / or contracting of specific services.
In case of not accepting these General Contracting Conditions, the client must refrain from accessing and / or using the services and / or contents offered by CASTING TOOLS.
This contract will enter into force on the same day of its formalization, will be tacitly extended with the payment of the next invoice, and will be considered terminated for the causes provided in this agreement.
2. OBJECT
CASTING TOOLS, is a service that allows the digital organization and structuring of candidacies for participation in castings in the advertising, audiovisual production and modeling agencies sector.
The Client acknowledges having verified the adequacy of the service to their needs and having received from CASTING TOOLS all the information and advice that will be necessary to sign this commitment with knowledge of the facts.
The purpose of this contract is to define the technical and financial conditions with which CASTING TOOLS is committed to the client.
These general conditions of service, completed in each case by the particular and / or annexed conditions proposed by CASTING TOOLS, are applicable to all orders placed by the Client for CASTING TOOLS services, excluding any other condition and especially those of the Client.
The services offered by CASTING TOOLS free of charge are also regulated by these general conditions of service.
3. OBLIGATIONS OF CASTING TOOLS
CASTING TOOLS is committed to putting all the care and diligence to provide a quality service in accordance with the uses of the profession and the state of technology. CASTING TOOLS does not respond more than an obligation of means, so it only commits its activity in the provision of the service with due diligence.
4. RESPONSABILITY OF CASTING TOOLS
The responsibility of CASTING TOOLS will not be compromised:
If the execution of the contract, or any obligation incumbent on CASTING TOOLS under these conditions, were prevented, limited or disturbed by the fact of a fire, explosion, failure of the transmission networks, collapse of the facilities, epidemic, tremor of land, flood, electrical failure, war, foreclousure, law, mandate of any government, strike, boycott, withdrawal of the authorization of the telecommunications operator, or any other circumstance beyond the reasonable control of CASTING TOOLS ("Force Majeure Case").
In any of these cases, CASTING TOOLS, subject to prompt notification to the Client, must be exempted from the execution of its obligations within the limit of the impediment, limitation or disturbance and the Client will be, in the same way, exempted from the execution of its obligations to the extent that these obligations are related to the execution prevented, limited or disturbed, provided that the affected party also do everything possible to avoid or alleviate such causes of non-compliance and that the two parties proceed promptly from the cessation of the causes or their suppression. The party affected by a Case of Force Majeure must have the other party regularly informed by email of the forecasts of suppression or reestablishment of the Case of Force Majeure.
The Client acknowledges that no stipulation of the present ones will release him from the obligation to pay all the amounts due to CASTING TOOLS for the services performed.
5. INDUSTRIAL AN INTELLECTUAL PROPERTY
The ownership of all the intellectual and industrial property rights of the goods and services offered by CASTING TOOLS belongs to the company or, failing that, to its suppliers. The provision of services by CASTING TOOLS to its Clients will not imply in any case the assignment, waiver or transmission, total or partial, of the ownership of the corresponding intellectual and industrial property rights by CASTING TOOLS.
The client acknowledges that the ownership of the intellectual and industrial property rights of all the contracted goods and services belongs exclusively to CASTING TOOLS or, failing that, to its suppliers, and undertakes to observe the terms of the licenses of said goods and services, limiting their use to what is strictly agreed in the General Conditions of Service and in the Particular Conditions of the Products or Services.
These General Conditions of Service as well as the particular conditions of the Products or Services, assumed by the Client, will not imply in any case, the acquisition of rights or licenses of the contracted product or service.
No content of the Portal may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, in whole or in part by any manual, electronic or mechanical system or method (including photocopying, recording or any information retrieval and storage system) Through any support currently known or invented in the future, without the consent of CASTING TOOLS. The use, under any modality, of all or part of the content of the Portal is subject to the need to request prior authorization from CASTING TOOLS.
If the guilty or negligent act or omission directly or indirectly is attributable to a Client, it entails the infringement of intellectual and industrial property rights -whether or not there is a benefit for it-, and it will cause CASTING TOOLS damages, losses, joint obligations, expenses of any nature, sanctions, coercive measures, fines or other economic contingencies arising or derived from any claim, demand, action, lawsuit or procedure, be it civil, criminal or administrative, CASTING TOOLS will have the right to address the Client by all means within its reach and claim any compensation amounts, including - but not limited to - moral and image damage, consequential damage and loss of profit, advertising costs or of any other nature that could result for its repair, amounts of sanctions or convictions , default interest, the cost of financing all the amounts in which it could To be harmed CASTING TOOLS, including the legal costs and the amount of the defense in any process in which it could be sued for the aforementioned causes, for the damages and losses caused by reason of its action or omission, without prejudice to exercising any other actions that assist him in law.
CASTING TOOLS, its administrators, shareholders, agents or employees dependent on it will not incur any liability for causes directly or indirectly related to the use made by the client of the service or product contracted through CASTING TOOLS.
6. OBLIGATIONS AND RESPONSABILITIES OF THE CLIENT
6.1 The Client undertakes to have the power, authority and capacity necessary for signing and for the execution of the obligations set forth in these General Conditions of Service, and in those Particular Conditions of services that may be contracted, if applicable.
6.2 The Client undertakes to communicate his parameters and exact banking information to CASTING TOOLS.
6.3 The Client is fully and exclusively responsible for the passwords necessary for the use of its service. CASTING TOOLS is released from any responsibility for any illicit or fraudulent use of the passwords made available to the Client. The supply of passwords is considered confidential. Any suspicion of a disclosure, intentional or not, of the supplied passwords, commits the sole responsibility of the Client, excluding that of CASTING TOOLS.
The Client will bear exclusively the consequences of the service malfunction as a result of any use by the members of its staff or by any person to whom the Client has provided his (or her) password (s). Likewise, the client will bear exclusively the consequences of the loss of the password.
6.4 The Client will not use the services provided by CASTING TOOLS for the commission of illegal actions or contrary to current legislation, morals, good customs and public order, for purposes that are harmful to the rights and freedoms of third parties, or that may harm, damage or prevent by any way, access to them, to the detriment of CASTING TOOLS or third parties.
6.5 The Client undertakes to respect all the legal and regulatory prescriptions in force, in particular those related to the processing of personal data, intellectual and industrial property rights and / or any other rights of third parties. The Client declares to have subscribed an insurance policy guaranteeing his professional civil liability, in order to cover all the damages that could be attributed to him within the framework of this contract and its execution.
6.6 The Client declares to accept fully and without reservation all the legal obligations emanating from the ownership of its services, CASTING TOOLS will not be in any case responsible for the breach of this type of obligations of the client whatever the reason, especially in case of violation of the laws or regulations applicable to the client's services. The breach by the Client of the points accepted in these General Conditions, and of the points accepted in the particular conditions and especially any activity likely to engender civil and / or private liability will empower CASTING TOOLS to disconnect and / or interrupt, without delay and without prior notice, the Client's services and immediately suspend the contract, without prejudice to the right to claim all damages caused to CASTING TOOLS.
6.7 The Client undertakes to pay directly to the author of the claim any sum that he requires from CASTING TOOLS. On the other hand, the Client undertakes to intervene at the request of CASTING TOOLS in every instance presented against the latter as well as to protect CASTING TOOLS from all the sentences that were handed down against it for this reason. Consequently, the Client undertakes to endorse any claim or / and procedure whatever the form, object or nature that was formalized against CASTING TOOLS and will join the obligations that correspond to the Client under this contract.
6.8 The Client undertakes to inform CASTING TOOLS within 48 hours of any modification concerning their situation, and within 24 hours of any eventual loss of password.
6.9 The Customer is aware that in the event of deletion of the information collected in the "People Gallery", the deletion will be final and irreversible and cannot be recovered.
The Client, for all contact with CASTING TOOLS, undertakes to clearly formulate his request.
7. TECHNICAL ASSISTANCE AND CUSTOMER SERVICE
CASTING TOOLS makes available to the Client a set of tools and documentation that can be requested at the following email address:
support@castingdirectortools.com
8. EXECUTION, FEES AND PAYMENTS
8.1 Order confirmation and execution
The provision of the contracted service after the activation of the Client's account will take place within a maximum period of seven (7) days from the effective payment of the order by the Client.
Se entiende realizado el pago efectivo desde que las sumas correspondientes al Servicio son abonadas en la cuenta de CASTING TOOLS.
8.2 Duration
The service lasts for the duration provided in the order form. The data Will be delated at the expiration of the service. CASTING TOOLS undertakes to issue a minimum of, three email warnings prior to the expiration of the service.
8.3 Service renewal
You may, at any time, notify CASTING TOOLS that you wish to terminate your subscription. The user may continue to use the service until the end of the current billing cycle. Thereafter, CASTING TOOLS shall completely delete all information collected by the Customer, so that it is permanently removed from the servers and no longer recoverable, within 30 days. The CUSTOMER shall have the possibility at any time before the aforementioned period to download all its information and keep it at its own expense so that it is not deleted.
The CUSTOMER may re-subscribe at no additional cost, which will allow him/her to recover all his/her information in the event that the 30 days have not elapsed.
Since the subscription modality is monthly, or while the company that provides the services is in force, the subscription does not expire, unless the subscription modality is expressly changed for the proper functioning of CASTING TOOLS, or the CASTING TOOLS services terminate, for any reason that is outside the current forecast of the administrators and the company that controls CASTING TOOLS. In which case, users must be notified with a minimum period of one month to be able to unsubscribe, cancel, or do what the user considers with the information contained in CASTING TOOLS.
8.4 Rate
The current rates for the different benefits proposed by CASTING TOOLS are available for online consultation on the page https://castingdirectortools.com/pricing as well as by request sent to CASTING TOOLS at the following email address: support@castingdirectortools.com
The services or benefits are mentioned in the order form; include all fees unless otherwise indicated and must be paid in euros.
CASTING TOOLS reserves the right to change its prices at any time, subject to informing the customer by email or by an online notice on the https://castingdirectortools.com/pricing page one month before. In this hypothesis, the Client will have a period of one month, counting from the time this information is available, to suspend this contract without penalty. By default, the Client will be deemed to accept the new rates. The modification of rates will be applied to all contracts and especially to those in execution.
CASTING TOOLS reserves the right to pass on, without any term, any new rate or increase in existing rates.
The services provided by CASTING TOOLS are paid for when ordering. The Client is solely responsible for the payment of all the sums owed under the CASTING TOOLS service provision contract. The Client expressly accepts that, except for postponement requested in time and granted by CASTING TOOLS in a particular and written manner, the total or partial lack of payment at the expiration of any sum due by title of the contract will entail by right and without delay:
· The expiration and immediate payment requirement of all the remaining sums owed by the Client under the contract, regardless of the planned payment method;
· Suspension of service functionalities, even if access is allowed, once the problem with the payment has been detected.
· The suspension of all ongoing benefits, whatever their nature, without prejudice to CASTING TOOLS from using its power to suspend the contract;
· The inability to subscribe to new benefits or to renew them;
· The application of an interest of 12% without it being less than one and a half times the legal interest rate in force in Spain.
Any disagreement with the billing and the nature of the services must be expressed by email to CASTING TOOLS within a maximum period of one month after the issuance of the order.
In the event that the service is suspended for total or partial non-payment, CASTING TOOLS may in any case proceed to the complete deletion of all information collected by the customer, so that it is permanently removed from the servers and is no longer recoverable, within 30 days. The Customer shall at any time before the aforementioned period have the possibility of downloading all his information and keeping it at his own expense so that it is not deleted.
In the event that the Client expresses his disagreement with the concept and / or amount of the invoice, CASTING TOOLS will send the Client a supporting document. Upon receipt of the same, the Client must pay the amount due in Euros.
8.5 Payments
Payment is made online by credit card at the time of conclusion of the contract,
The Client will choose the payment method that best suits him for the requested service and its execution period.
The service subscribed by the Client will be executed from the receipt of the order form accompanied by the Client's payment, subject to a possible verification by CASTING TOOLS of the data supplied.
CASTING TOOLS will inform of the correct receipt of the order and payment and will inform by email of the start-up of the commissioned service.
9. DURATION, LIMITATION AND SUSPENSION OF THE SERVICE
The contract will come into effect from the date of validation of the Customer's order by CASTING TOOLS. The Services will have the duration that is expressly established in the Particular Conditions for contracting each service, and will be resolved for the causes established in these General Conditions.
In case of need, CASTING TOOLS reserves the possibility of interrupting the service to proceed to a technical intervention, in order to improve its operation or for any maintenance operation.
In addition to the causes established in the current Law and those provided in these General Conditions of Service as well as in the Particular Conditions, these General Conditions of Service will be understood as terminated by the following causes:
a) Mutual agreement of the parties.
b) In contracts subject to expiration, due to the expiration of their term.
c) Circumstances beyond one's control. Each party may withdraw from the contract, considering it terminated by law, without compensation, in the event of force majeure persisting for more than thirty days.
f) Interrupción unilateral del servicio por parte de CASTING TOOLS si constituye un peligro para el mantenimiento de la seguridad o de la estabilidad de la plataforma de alojamiento de CASTING TOOLS, por imperativo legal o por disposición o requerimiento judicial o administrativo cursado por autoridad competente. En la medida de lo posible CASTING TOOLS informará con anterioridad al Cliente.
g) Resolution for breach of any of the parties of the obligations derived from the contractual relationships.
h) Non-existence of contracted products and / or services.
The obligations contracted by the parties, accrued until the date of termination of the contract, both against each other and any of them against third parties, will continue to be mandatory regardless of whether these General Conditions of Service are terminated by the previously mentioned causes..
10. CONFIDENTIALITY
All information and documentation used during the contracting, development and execution of the contractual conditions that regulate the relations between CASTING TOOLS and the Client is confidential.
The category of confidential information shall not be understood as that which is disclosed by agreement between the Parties, that which becomes public for the same reason or that which has to be disclosed in accordance with the law or with a judicial resolution of a competent authority and that obtained by a third party that is not under any obligation of confidentiality.
Both parties undertake to comply with the duty of confidentiality and maintain it for a minimum period of two (2) years after the end of the aforementioned contractual conditions that regulate the relationships between CASTING TOOLS and the Client. This obligation of confidentiality extends to employees, suppliers or any other other people who maintain a direct relationship with CASTING TOOLS and with the client.
11. PERSONAL DATA PROTECTION
In compliance with the regulations on data protection, the CLIENT is informed that their identification data or their legal representatives, as well as all those that derive due to the management, maintenance and billing, will be treated for the management and processing of the provision of the service.
The CLIENT are responsible for the veracity and accuracy of the personal data communicated and authorize the collection and processing of these for said purpose..
Only the data provided for the purposes described above will be processed and will not be further processed in a manner incompatible with said purposes..
The personal data provided will be kept as long as the contractual relationship is maintained, or its deletion is not requested by the interested party, during the limitation period of the legal actions, and no data will be transferred to third parties. Data will only be transferred to third parties when a regulation so requires.
You can exercise your rights (access, rectification, deletion, opposition, limitation of treatment, portability of data) in the manner provided by law by writing to the address that appears in this same VADEVER agreement, and contact your protection delegate of data using: privacy@castingdirectortools.com.
12. CONTRACTUAL CONDITIONS AND THEIR MODIFICATION
The general and specific conditions online prevail over the general and specific conditions printed. The parties agree that CASTING TOOLS may, as of right, modify its service without any other formality than informing the Client by an online notice and / or bringing such modifications to the general conditions online.
In case of contradiction between the content of the General Conditions and that of the Particular Conditions, the content of the latter will prevail.
13. FINAL PROVISIONS
13.1 Nullity.
If any stipulation of this Contract is declared null or void, in whole or in part, by any court or competent authority, the remaining stipulations will retain their validity, unless the parties discretionally decide to terminate the contract.
In the event of partial invalidity, the parties must, as far as possible, replace the annulled provisions with a valid provision that corresponds to the spirit and purpose of the General Contract Conditions..
13.2 Titles
The titles of the Clauses of the Contractual Conditions have the sole purpose of facilitating references and do not have by themselves a contractual value or a particular significance beyond the informative.
13.3 Surrogacy
VADEVER FILMS S.L. As the entity responsible for the Casting Tools application, it reserves the right for another commercial entity to subrogate it at any time in the obligations acquired in this agreement, only having to notify the CLIENT in a reliable way, automatically updating this agreement.
14. JURISDICTION
In the event that the parties wish to submit to a judicial procedure, in this case it will be done before the jurisdiction and competence of the Courts and Tribunals of Barcelona, expressly waiving their own jurisdiction, if it is another.
15. APPLICABLE LAW
This Contract is written up in Spanish and is subject to current Spanish legislation.
16. LANGUAJE
The full text of this contract, as well as the documents derived from it, including the Annexes, have been drawn up in the English and Spanish languages, and only the Spanish version shall be considered official.