Terms Of Use IQ-Concepts B.V.

Definitions

• In these Terms of use the following terms will have the meaning as defined below, unless expressly stated otherwise or if the context indicates otherwise:

1. iCasting: the user of these Terms of use: IQ-Concepts B.V. registeredin Zwolle, Luttekestraat 68 8011 LS, registered with the Chamber of Commerce under KvK-nummer 73363766
2. Candidate: the natural person using the services offered on the website;
3. Agreement: the agreement entered into between iCasting and the candidate, established via the website
4. Service: the services offered on the website and can be used by the candidate after registering and creating a profile on the website;
5. Profile: the profile of the candidate on the website;
6. Website: the (mobile) website www.icasting.com, managed by iCasting and the online application (“app”);
7. Client: the natural person handling for the execution of his job or his company or the legal person who entered a query at iCasting to get in touch with one or more candidates that meet the query of the client.

General

• These General Terms of use shall apply to any Agreements between iCasting and candidate, to which iCasting has declared these Terms of use are applicable.
• Any deviations from these Terms of use shall apply only if they have been expressly agreed in writing or by electronic means
• If one or more of the provisions in these terms and conditions are invalid or void, the remaining provisions of these terms and conditions shall remain fully applicable
• iCasting has the right to change or complete the Terms of use by publishing the changes on the website. Candidates will receive a notification via e-mail. The new Terms of use will apply immediately, unless mentioned otherwise. The candidate can cancel the agreement if he does not agree to the modified Terms of use.

Offers

• All offers shall be free of engagement unless specified otherwise
• iCasting will not be held liable for obvious errors or mistakes in the offer, publications or on the website.
• The offers on the website have a clear description of the services iCasting offers

Registration

• To be able to use the services, users have to register. Users can register by uploading the online registration form to the website. The required fields need to be filled in completely and truthfully. iCasting isn’t responsible for shortcomings as a result from missing data. All costs, made by iCasting, resulting from missing data can be charged to the candidate.
• iCasting has the right to refuse a registration. iCasting contacts the candidate as soon as possible when his registration has been refused

Realisation of the agreement

• The agreement is established after the candidateregisters at the website.In case the user purchases a subscription through the website, the agreement comes into effect as soon as the user has registered through the website and after the user has clicked on the button “Purchase with payment obligation”.
• The agreement can only come about through the website after the user clicked that he agrees to these terms and conditions.
• Once the agreement has been concluded through the website, iCasting will send the user an immediate confirmation via e-mail.This confirmation e-mail contains a description of the subscription of the candidate. As long as the receipt of this acceptance has not been confirmed, candidate may rescind the Agreement.If the user does not receive a confirmation e-mail from iCasting, the user should contact iCasting’s customer service.

Account

• Creating an account on the website is free.
• After the candidate has created an account, the candidate can upgrade his account to one of the paid subscriptions iCasting offers. The costs and the duration of the subscriptions can be found on the website.
• iCasting connects the account to a user name and password. The user name is the same as the candidate’s e-mail address. The candidate needs to choose the password and keep or save it in a safe place. The candidate needs to report to iCasting when the password is stolen, lost or used by a third party. The candidate is responsible for the damage and costs that have been caused by entering and using the website with the password.
• Candidates can’t create multiple accounts.
• The account is personal and can’t be transferred
• The candidate can modify his personal data and profile on his account.

Withdrawal right

• The client has the right to dissolve the agreement within 14 days from the confirmation e-mail from iCasting
• If the candidate wants to use his withdrawal right, he needs to inform iCasting within 14 days after the realisation of the agreement.
• iCasting sends a letter of acknowledgement to the candidate if the candidate announces the use of his withdrawal right via e-mail.
• In case a user uses his right of withdrawal, iCasting will pay back the subscription costs for the subscription within 14 days after dissolving.
• o In case a user has not given his explicit consent for delivering the service before the dissolving period has passed and hasn’t distanced himself from the right of withdrawal, then iCasting has the right to decide that the subscription will only come into effect after the dissolving period has passed
• The customer can’t use his withdrawal right in case of:
  1. the fulfilment of the agreement began with the express permission of the user; or

Fair use

• When using the website, the candidate needs to behave in accordance with what may be expected from a responsible and careful internet user.
• The candidate can’t bypass or hack the security applications.
• The candidate is not allowed to use the website and/or service in such a way that would affect the proper functioning of computer systems of iCasting or third parties or that hinders other users from using the site.

Duration and cancellation

• The duration of the agreement depends on the type of subscription the candidate has chosen
• The candidate can always cancel both free and paid subscriptions.
• If the candidate cancels his subscription before the end of the contract, the user can’t recover the costs he made for that period, unless article 7 applies.
• Cancellation needs to be done by mail or e-mail.
• The subscription automatically ends after the duration of the subscription. The user can extend his subscription if he wants to use the service after the duration of his subscription
• The candidate’s personal data and account will be removed from the website after the candidate cancels the agreement.

The services

• iCasting ensures that all services apply to the agreement and the specifications in the offer.
• The website has the purpose to connect the candidates with a specific talent to the clients who wants to make use of that talent.
• After the candidate logged in to the website, he can:
  1. Make a profile and add ideas or materials such as texts, pictures, (moving) images or audio;

1. Set e-mail notifications and push messages;
2. Subscribe to the iCasting database
3. Manage his profile.

• If the client’s query corresponds to the profile of a candidate, there’s a match. The candidate can accept this match and contact the client. The candidate can send a video to the client via the website. For accepting a match and sending a video to the client, the candidate has to pay with iCasting credits.
• iCasting can’t guarantee that the service will lead to one or more assignments for the candidate. Clients decide if they want to hire the candidate, iCasting can’t affect this.
• A bad result of the service can never result in the restitution of (a part of) the paid subscription fees or the paid iCasting Credits or any other type of compensation.

iCasting Credits

• It’s possible to pay with iCasting Credits for some of the services iCasting offers
• iCasting Credits can be bought by logging in to the website and by completing the order process. iCasting sends a confirmation e-mail to the candidate to confirm the order and to confirm that the iCasting Credits will be added to the account of the candidate.
• The candidate can’t use his withdrawal right after buying iCasting Credits if the agreement has started with the prior permission of the candidate and the candidate declared that he renounces his right to terminate the contract.
• iCasting Credits can’t be exchanged to money.
• iCasting Credits can be used 6 months after the day of purchase. The iCasting credits will expire after these 6 months. The remaining iCasting Credits can never be refunded.

Obligations of the candidate

• All data and information provided by the candidate while establishing the agreement and during the agreement need to be complete and truthfully.
• iCasting saves the provided registration data to the profile page (“my profile”) that is connected to the account. The candidate needs to modify these data when they’re no longer true or up-to-date.
• iCasting has the right, with the permission of the candidate, to modify, upload or delete information on the profile of the candidate.
• The candidate can never:

1. Deceive clients with wrong information about himself;
2. Put childhood pictures on his profile;
3. Post photos or images of identifiable individuals on the site that have not given permission for such a posting
4. Use the website and/or service in such a way that would affect the proper functioning of computer systems of iCasting or third parties or that hinders other users from using the site.
5. Use the service for performing or promoting criminal activities;
6. Examine or test the vulnerability of a computer system or network without the prior explicit permission by the rights holder to break through security.

• The candidate indemnifies iCasting from any claims of third parties that have suffered damage using the website by the candidate that is attributable to the candidate.
• The candidate has the obligation to make sure his account is removed from the website as soon as he doesn’t want to make contact with clients anymore
• The candidate has the obligation to keep all personal data of the client secret. The candidate will only use the data for the purpose the data is meant for.
• The candidate needs to handle his personal data with care. iCasting isn’t responsible for the distribution on the internet of the personal data of the candidate by third parties or a client if the candidate has shared this information via e-mail.
• The candidate won’t distribute information using the website that:

1. Violates the national and international law;
2. Is contrary to morality or the spirit of action and conduct in operation on the Internet;
3. Violates the rights of third parties such as portrait rights and copyrights;
4. Is (sexually) intimidating, unethical, including in any case, but not limited to material affecting the respectability of minors or including a violation of the right to privacy and/or human dignity as well as material that initiates discrimination;
5. Is confidential and must not be disclosed.

• iCasting has the right to refuse, modify or delete the content uploaded to the website by the candidate.
• The service has the purpose to connect candidates and clients. The candidate can never use the services for another purpose than the original purpose.
• If the candidate acts in violation of these Terms of use, the candidate doesn’t live up to his obligations to iCasting, acts in violation with legislation and regulation or if iCasting receives complaints from the clients about the behaviour of the candidate, iCasting has the right to block the candidate’s account and delete the profile. This means the candidate can’t use the services and the candidates loses the money paid for the subscription or the iCasting Credits. The candidate will be notified by e-mail.

Position of iCasting

• The candidate recognizes that iCasting is no party to the (contract) agreement between the candidate and the client. iCasting only offers the website to the parties.The candidate is responsible for the content of the (contract) agreement he enters into with a client.
• If the client does not comply with the (contract) agreement he has signed with the candidate, then it’s a matter between the candidate and the client.
• If the candidate has delivered poor work or acted in a way that harms the interests of third parties, such as clients, iCasting can block the account of the candidate.

Prices

• The rates and prices for the services are clearly stated on the website
• The prices are inclusive of "BTW" (Dutch VAT).

Payment

• Payment can be effected in the following ways

1. through iDEAL.
2. through credit card;
3. through PayPal.

Liability and limitation

• iCasting willnot be held liable if the candidate is unable to use the service because of temporary unavailability or removal of the website due to maintenance, technical failures or otherwise
• iCasting can never guarantee that the data on the website is correct. iCasting will do everything to keep the accuracy of this data as consistent as possible. External influences, for instance by hackers is always possible and could lead to distorted information. iCasting will not be held liable for this distorted information.
• iCasting is not liable for the viruses or spam the candidate may receive using the website.
• iCasting can never be held liable for the loss of logins used by the candidate. This means iCasting isn’t responsible for theunauthoriseduse of these logins by third parties.
• iCasting can never be held liable for damage such as computer damage and mental damage, caused by the content of a message the candidate received via the website.
• The candidate is responsible for the content of the messages he sends via the website.
• iCasting can never be held liable for the behaviour of third parties and clients.
• iCasting can never be held liable for the disfiguration or loss of data as a result of using telecommunication facilities to send messages.
• If iCasting is held liable for any damage, then the liability is limited to the amount the candidate paid to iCasting to use the services.
• The limitations of the liability in this Terms of use don’t apply if the damage is intentionally caused by the recklessness of iCasting or one of her subordinates.
• All liability claims against iCasting need tobe filed within one year or else they will expire

Force Majeure

• iCasting will not be held liable for obligations within the agreement or for providing services in case it is impeded to doing this as a result of force majeure. Force majeure includes, among others: an unaccountable shortcoming of engaged thirds, the temporary unavailability or not sufficient availability of hardware, software and/or Internet or other telecommunication connections that are necessary for delivering the services, government measures, power outage, virus infection or breach of computer peace by thirds, as well as any other situation in which iCasting does not have (decisive) control.
• In case of Force Majeure iCasting shall not be obliged to compensate any damage caused to customer as a result of that, except and to the extent that - due to the circumstance of Force Majeure - iCasting has obtained an advantage, which would not have been obtained by iCasting in case of correct fulfilment.

Complaints

• Complaints about the service can be reported to:
• Complaints are handled by iCasting within 30 days. If handling of a complaint within the period of 30 days is unfortunately not possible, the user will be informed about the delay.

Intellectual property rights

• The user must always respect the intellectual property rights of iCasting and its licensors.
• Candidate is prohibited from copying, forwarding, distributing, reproducing or publishing any information, texts, logos, brands, trade names and such obtained through the website.
• iCasting has the right to take technical measures and maintain for the protection of the intellectual property rights.
• The user indemnifies iCasting from any claims of third parties concerning the intellectual property rights of data, images or such that the candidate publishes or distributes.

Privacy statement

• iCasting processes the personal data applying to her privacy statement. The candidate can read the privacy statement on: Privacy statement.

Security and the internet

• iCasting makes an effort to protect its systems and the website against the unauthorized use and loss of inserted data. It is impossible to completely exclude unauthorized use and any accidental loss of data. iCasting does not assume liability in case inserted data is affected, lost or used by unauthorized persons in spite of the measures taken.

Applicable law /Legal jurisdiction

• This Agreement between iCasting and Candidate is governed by Dutch law.
• Any conflicts that might arise between the parties shall exclusively be judged by the competent judge in the Netherlands whose field of law includes the seat of iCasting. The user has 1 month after iCasting has referred to the clause in writing towards the user in order to choose an authorized judge for the reconciliation of the disagreement.