Terms and Conditions
1. Introduction and Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the LobbyCall website (the "Website") and the services provided by LobbyCall ("we," "us," or "our"). LobbyCall is a collective of tour and production management professionals, connecting freelance specialists ("Freelancers") with artists, bands, and entertainers ("Clients") for touring projects ("Projects"). By accessing or using the Website or our Services, you ("User," "Freelancer," or "Client," as applicable) agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website or Services.​
2. Services Offered ​
LobbyCall provides Tour managers, Production Managers, or any other crew that might be Freelancers with Clients seeking tour and production management or crew services. Our Services include but are not limited to facilitating introductions between Freelancers and Clients, providing access to resources and tools for tour management, and offering mentorship programs. LobbyCall acts as an intermediary. We do not guarantee any specific amount of work or income for Freelancers. We reserve the right to modify or discontinue any part of our Services at any time, with or without notice.
3. Orders
After receiving an order from a customer, LobyCall will make a quotation, which is
valid for fourteen (14) calendar days (unless otherwise agreed). The agreement
between LObbyCall and the customer is concluded by the acceptance of the quotation
or by the commencement of the execution of the order without the customer
making any explicit objection. If the customer wishes to cancel an order without LobbyCall's
agreement, he will owe the agreed price in full to LobbyCall.
4. Price
The prices and costs mentioned in the quotations of LobbyCall are always exclusive of
VAT. If an assignment is handled on the basis of an hourly rate, the price mentioned
in the quotation is only an estimate made to the best of our ability on the basis of
the information available at the time the quotation was drawn up. Daily prices are
calculated on an average working day of 10 hours. If these are exceeded, the
additional hours worked will be invoiced at the hourly rate specified in the quotation.
5. Terms of payment
Invoices are payable on the due date unless otherwise agreed. Upon acceptance of
the quotation by the customer or upon commencement of the execution of the
order by LobbyCall, LobbyCall is entitled to invoice an advance payment of up to thirty
(30) percent of the price.
Any comments on an invoice must be made in writing, by registered post, to LobbyCall
within a period of eight (8) days after receipt of the invoice.
In case of failure to pay on time, late payment interest of 8% will be charged by
right and without notice of default, as well as a compensation of 10% of the invoice
amount, with a minimum of 75 euros, without prejudice to LobbyCall’s right to claim a
higher compensation with proof of higher damage. In case of non-payment or late
payment, 4EARS also reserves the right to suspend any further performances until
full payment of the outstanding performances.
6. Freelancer-Specific Terms​
Freelancers are independent contractors and are not employees of LobbyCall. LobbyCall facilitates connections between Freelancers and Clients but does not control the work performed by Freelancers. Freelancers in the LobbyCall collective agree to work exclusively through LobbyCall for tour and production management services. LobbyCall receives a commission on all Projects secured. The commission is calculated on a per-project basis. Freelancers are responsible for obtaining and maintaining their liability insurance. Freelancers agree to conduct themselves professionally and ethically at all times, adhering to industry best practices. Freelancers agree to maintain the confidentiality of all Client information and not to disclose it to any third party without the Client's express written consent. All intellectual property created by a Freelancer during a Project shall be the sole property of the Client unless otherwise agreed in writing.
7. Client-Specific Terms​
Clients will enter into separate agreements with LobbyCall for each Project. These agreements will outline the scope of work, payment terms, and other relevant details. Clients agree to pay LobbyCall the agreed-upon. LobbyCall will make reasonable efforts to facilitate communication between Clients and Freelancers. In the event of a dispute, LobbyCall may, at its discretion, offer mediation services. However, LobbyCall is not liable for the actions or omissions of Freelancers. Clients acknowledge that Freelancers are independent contractors and not employees of LobbyCall.
8. Intellectual Property
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by LobbyCall, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
​
​9. Prohibited Conduct​
You agree not to: use the Website or Services for any illegal or unauthorized purpose; engage in any activity that interferes with or disrupts the Website or Services; impersonate any person or entity; solicit personal information from other users; post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable; violate the intellectual property rights of LobbyCall or any third party; attempt to gain unauthorized access to the Website or Services. ​
10. Liability
LobbyCall can under no circumstances be held liable for any damage that may have occurred during the execution of the agreement. Except in the event of intentional or gross negligence on the part of LobbyCall, the total liability is in any case limited to the price received by LObbyCall for the execution of the order from which, or as a result of which, the damage was supposedly caused. You agree to indemnify and hold harmless LobbyCall, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Website or Services, your violation of these Terms, or your violation of any rights of another. The customer indemnifies 4EARS against all claims of third parties which are directly or indirectly related to the execution of the order.
11. Force majeure
In the event of force majeure, which is any unforeseen circumstance beyond the
reasonable control of the parties that delays or prevents the performance of the
obligations under this agreement, the agreement between the parties shall be
terminated. The party that invokes force majeure shall notify the other party in
writing without delay.
If LobbyCall has already started the execution of the agreement and this execution is
interrupted or stopped for any reason (not attributable to LobbyCall), the customer will
owe LobbyCall the full contract amount. If LobbyCall has not yet started the execution of
the agreement and the event is eligible for rescheduling, the parties will engage in
a constructive dialogue in order to find a new date for the event. If the event cannot
be rescheduled, or if the parties do not reach an agreement in this respect, the
client will pay a fixed cancellation fee of 30% of the contract price, in analogy with
the oKo fair practice charter (04/2020).
12. Data protection
By placing an order with LobbyCall, personal data of the customer may be processed.
LobbyCall processes these personal data in compliance with the General Data
Protection Regulation ("Privacy Directive" or "GDPR").
The party responsible for the processing of personal data is LobbyCll. The data will be
kept by the controller for the period necessary for the organization and processing
of orders, and at the latest, until two (2) months after the end of the agreement.
The processed data will not be transferred to third parties.
The customer has the right to access, modify and correct or delete his or her data.
This right can be exercised by sending a letter to LobbyCall with a copy of the identity
card as an attachment.
Should the customer have any complaints in relation to the processing of personal
data, he is requested to contact LobbyCall. If a satisfactory solution cannot be found,
the customer can file a complaint with the Belgian Data Protection Authority.
13. Nullity
If one of the provisions or part of a provision of these general terms and conditions
should be declared null and void or unenforceable, this shall not affect the validity of
the remaining provisions. If necessary, the parties will replace the provisions
concerned by a new provision that is as close as possible to the original intentions of
the parties.
14. Applicable law and jurisdiction
The assignments, offers, agreements and invoices, as well as any disputes relating
thereto, shall be interpreted and judged in accordance with Belgian law. The courts
of the district of Dendermonde shall have exclusive jurisdiction over any disputes
between the parties
15. Disclaimer of Warranties​
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LOBBYCALL DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
16. Contact Information​
If you have any questions about these Terms, please get in touch with us at info@lobbycall.com