Our terms and conditions

our-terms-and-conditions

We are building Schnabby to make great, funny and beautiful acts findable and bookable for people who organize an event no matter how big or small it might be. And to make special encounters possible between people.

To make things clear we do have a few rules…! (our-terms-and-conditions)

On our platform you communicate like you would in person; so no rude language, no swearing, no sexism, ect. Schnabby is allowed to interfere in public reviews and messages and can remove them if they are against the law or not nice to other people. We do not like it if you are booked ‘around’ our platform after the contact had been made through Schnabby, and we don’t want to show a higher price for your act than people can find elsewhere…..

Schnabby is personal, you are who you say that you are. We respect your privacy. Please communicate clearly about what you expect from the artist/organizer. Keep you’re the promises that you make with artists/organizers. Use your common sense and don’t do things you normally wouldn’t. You are responsible for your own safety. You can ask Schnabby to advise you if you are uncertain about a situation with an artist, organizer or event. Every artist and organizer is checked on forehand on liability.

Schnabby helps and supports you with solving problems. We can NOT be held responsible for any damage or loss. If your things have been damaged you must contact the person who caused it. Schnabby is not perfect, if you see anything that can be improved or doesn’t work on the site please let us know. Since we have recently started the site it can be changed from time to time or maybe even not work for a short while. We might change or adjust things. Schnabby does not work with cash payments.

Schnabby wants to show everybody how much fun the Schnabby platform is, therefore it is possible that we share information via Twitter, Face book, our news letter or other social media. Ofcourse you will see what we want to share if this involves you. You can sign in or out separately for the news letter.

Schnabby is allowed to change these conditions if we think it is necessary; we will let you know and give you time to adjust to these changes.

makes sense don’t you agree…?

COMPREHENSIVE TERMS AND CONDITIONS SCHNABBY…..(THE BORING VERSION…)

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, ARTISTS AND ORGANIZERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE COUNTRY.

The service “Schnabby” The use of the Service is subject to the below terms and conditions. Using the Service constitutes acceptance of these terms and conditions.

Deviations from these terms and conditions are possible only by means of written confirmation by Schnabby.

ARTICLE 1. USE OF THE SERVICE

1. 1.  The Service allows you to offer or to book unique experiences and acts (hereafter: “the act”). In these terms and conditions, the provider of the Act is regarded as “the Provider”. The recipient of the The Act is regarded as “the Customer”.
2. 2.  The Provider has the ability to place his offered Act by adding an advertisement to the Service. The Customer has the ability to book the offered Act by clicking on the order button as displayed in the advertisement. You can impersonate both Provider and Customer.
3. 3.  The Service is free to use. However, Schnabby will charge the artist 10 % of his/her fee and there may be service fees associated with the placing of the Acts. These service fees will be displayed in the Profile of the artist. If contact with the artist is made trough the Schnabby site the actual booking for this particular event must be made though the Schnabby site as well!
4. 4.  To be able to place or book an Act, you first need to register. After completing registration, you can directly log into your account (hereafter: “the Account”) and use the Service. No registration is required for searching the Acts.
5. 5.  You must secure access to your Account using the username and password against third parties. In particular you must keep the password strictly confidential. Schnabby may assume that all actions undertaken from your Account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Schnabby that someone else knows your password.
6. 6.  In the event that you have a suspicion of abuse through your Account, you must inform Schnabby thereof without delay. In addition, you must change your username and password.

ARTICLE 2. TERMS OF USE

1. 1.  It is not permitted to use the Service in case you have not yet reached the age of 18. If you are under 18, you have only the right to use the service if you have permission from your parents or legal guardian.
2. 2.  It is not permitted to use the Service for any purpose that violates Dutch or other applicable laws or regulations. This includes (among others) the storage or transmission of data using the Service that is slanderous, libelous or racist, or to create profiles on the Service under the names of other people or to pretend to be another person, or to publish advertisements for The Act that violate applicable law, such as for stolen goods or software without a valid license.

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3. 3.  In addition, on the Service it is forbidden to
   1. a)  use indecent language;
   2. b)  publish information where it is unwanted (offtopic or wrong category);
   3. c)  publish information that is pornographic or erotic (even if legal under

applicable law);

4. d)  publish information in violation of copyright or hyperlinks to such

information;

5. e)  publish information that is misleading or leads to unfair commercial

practices;

6. f)  violate the privacy of third party, for example by distributing their personal

data without permission or clear need or the repeated harassment of third

parties with unwanted communications;

4. 4.  Should Schnabby discover that you violate any of the above, or receive a

complaint alleging the same, then Schnabby may intervene to end the violation. Schnabby has the right to block or remove your Account and remove all data, without being liable for any damages.

5. 5.  If in the opinion of Schnabby the continued functioning of the computer systems or network of Schnabby or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data (DDoS attacks), leaks of personal data or virus activity, Schnabby may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. Schnabby in particular is entitled to change your contributions at its own discretion.
6. 6.  Schnabby is at all times entitled to file a criminal complaint for any offenses committed through or using the Service. In addition Schnabby is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
7. 7.  Schnabby may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Schnabby from all third-party claims arising out of your violation of these terms of use.
8. 1. Artists and provider will not book ‘around the Schnabby platform’ once the contact was made though the Schnabby platform.

ARTICLE 3. OBLIGATIONS CUSTOMER

1. 1.  The following provisions apply only if you act in the exercise of a Customer.
2. 2.  Customer provides the appropriate information via the Service. If any information

changes, Customer will update his profile in the Service. The customer agrees that the price of the act given to Schnabby is nog higher than prices given to other parties that are interested in hiring the artists services

3. 3.  In case of a cancellation of an Experience, Customer will contact Provider directly

using the provided contact information. Schnabby is not obliged to and shall in no

case cancel the Experience to the Provider.

4. 4.  Customer will hold Schnabby harmless for any claim relating to the execution of

the Experience by the Provider.

ARTICLE 4. OBLIGATIONS PROVIDER

1. 1.  The following provisions apply only if you act in the exercise of a Provider.
2. 2.  Provider provides the appropriate information via the Service, like his company

name, address and other contact information. If any information changes, Provider will update his profile in the Service as soon as possible. In addition, the Provider will notify the Customer with whom he has an ongoing agreement.

3. 3.  Provider provides the appropriate information about the Experiences. This means that the information shall not be misleading or false.
4. 4.  Provider updates his calendar from time to time via the Service. In this way, the Customer will be informed of the available dates for the Experience.

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5. 5.  Provider will do its best to perform the Experience in the right way to the Customer. Provider will also ensure that the quality of the Experience is equal to the level Schnabby and Customer may expect.
6. 6.  Through the Service Provider will as far as possible use the same prices as or lower prices than the prices stated on Provider’s website.
7. 7.  Provider is aware that Schnabby gives prominence to the The Actand Provider itself. Schnabby expects Provider that the leads obtained through the Service will not be executed without Schnabby (“gentlemen’s agreement”).
8. 8.  Provider shall in no way misuse the personal data of the Customers. This means that Provider will act in accordance to the applicable laws.

ARTICLE 5. COMPLAINTS

1. 1.  If you have a complaint about any Customer, Provider or Experience, you can send it to Schnabby.
2. 2.  Schnabby will do its best to deal with the complaint within fourteen (14) days, but does not guarantee the outcome. In addition, Schnabby is not obliged to provide an alternative to you.
3. 3.  If Schnabby receives a significant number of complaints about you, Schnabby has the right to terminate this agreement directly and to remove your Account.

ARTICLE 6. AVAILABILITY AND MAINTENANCE

1. 1.  Schnabby uses its best efforts to have the Service available at all times but makes no guarantees about uninterrupted availability.
2. 2.  Schnabby actively maintains the Service. In case maintenance is reasonably expected to negatively impact availability, Schnabby carry out such maintenance at times when use of the Service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3. 3.  Schnabby may from time to time adapt the Service. Your feedback and suggestions are welcome but ultimately Schnabby decides which adaptations to carry out (or not).

ARTICLE 7. PERSONAL DATA

1. 1.  Schnabby processes your personal data. You give your consent for all forms of processing within the scope of the Service. Consult the privacy statement of the Service for more information.
2. 2.  The obtained personal data will only be used for the purpose of execution of the agreement (the establishment of contact between Customer and Provider) and to inform you about the Service or related services of Schnabby.
3. 3.  Schnabby will process the personal data in accordance with the applicable laws and regulations, including but not limited to the Data Protection Act (in Dutch: “Wet bescherming persoonsgegevens”).
4. 4.  Personal data will be irreversibly removed when they are no longer necessary, unless longer storage is required under the law.
5. 5.  You have the right to request for the removal of your personal data. Such a request can be made by sending an email to the servicedesk. info@schnabby.com
6. 6.  In the event you hire any of the Acts, your personal data will be passed to the Provider of that specific Experience.
7. 7.  The Provider will be responsible for the proper processing of your personal data under the applicable laws and regulations. The Provider may not use the personal data for other purposes than the delivery of the Act.

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ARTICLE 8. INTELLECTUAL PROPERTY

1. 1.  The Service, the accompanying software as well as all information and images on the website is the intellectual property of Schnabby. None of these items may be copied or used without prior written permission of Schnabby, except and to the extent permitted by mandatory law.
2. 2.  Information you store or process using the Service is and remains your property (or the property of your suppliers or licensors). Schnabby receives a license to use this information for the Service and everything that goes with it, including advertisements for the Service.
3. 3.  The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it, Schnabby may decide to adapt or remove the information.
4. 4.  You may change information you publish or store using the Service at your own discretion. Removal of your Account and personal data is possible as indicated in article 7.5.
5. 5.  If you send information to Schnabby, for example a bug report or suggestion for improvement, you grant Schnabby a perpetual and unlimited license to use this information for the Service. This does not apply to information you expressly mark as confidential.
6. 6.  In case Schnabby discovers your contributions have been copied by third parties in combination with contributions of others, then Schnabby is authorized to take legal action against such copying under its own or your name. All costs must be borne by Schnabby but you must offer your cooperation if necessary. This clause does not forbid you from publishing your contributions elsewhere but is aimed at allowing Schnabby to act against copying of (substantially) all contributions to Schnabby.

ARTICLE 9. COMPENSATION FOR THE SERVICE

1. 1.  The placing of Acts on the Service of Schnabby is free.
2. 2.  Because the Service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act (in Dutch: “Wet koop op afstand”).
3. 3.  Schnabby may change any fee at any time without informing you. These changed service fees will be displayed in the Service. If you do not want to accept these changes, you can terminate the agreement at any time as indicated in article 12.2.

ARTICLE 10. PAYMENTS

1. 1.  The costs of the Act charged by the Provider can be paid to Schnabby.
2. 2.  The Partner agrees to electronic invoicing by Schnabby. Invoices will be sent in PDF or another suitable format to the e-mail address of the Partner that is known to Schnabby.
3. 3.  In principle, Schnabby invoices have a payment term of fourteen (14) days after the invoice date, unless a different payment term is stated on the invoice.
4. 4.  Partners who do not pay on time will be in default by operation of law after the payment term expires without requiring any notice of default. Schnabby will have the right as of that moment to limit its Services, for example by restricting access to the Service and/or (temporarily) removing the The Act of Partner.
5. 5.  In the event payment is not made on time, the Partner will be required to pay the administration costs in addition to the amount owed by the Partner and the

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interest due in respect thereof. Said administration costs are set at an amount of

EUR 45 exclusive of VAT.
10.6. In the cases referred to above, Schnabby will have the right to terminate, suspend

or render inoperable this agreement or the part thereof that has not yet been performed without requiring notice of default or judicial intervention, without the Partner having the right to demand compensation for any damage that may arise for the Partner as a result thereof.

ARTICLE 11. LIMITATION OF LIABILITY

1. 1.  You are aware that Schnabby merely mediates in the establishment of the agreement between Customer and Provider. Schnabby is not responsible for any shortcoming in the fulfillment of the agreement between Customer and Provider. Schnabby is not a party to that agreement.
2. 2.  Schnabby is not liable for the content of the advertisements on the website placed by a Provider. In case you are the Provider, you indemnify and hold harmless Schnabby for any claim relating to the content of the advertisements.
3. 3.  The following provisions about limitation of liability apply only if you act in the exercise of a profession or business.
4. 4.  Except in case of intentional misconduct or gross negligence the liability of Schnabby shall be limited to the amount of service fees paid by you to Schnabby in the three months prior to the moment the cause of the damage occurred.
5. 5.  Schnabby in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6. 6.  Damages may only be claimed if reported in writing to Schnabby at most one (1) month after discovery.
7. 7.  In case of force majeure Schnabby is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
8. 8.  Please note that the previous provision only applies to the Service of Schnabby. In case of force majeure the Provider uses its own terms and conditions.
9. 9.  As stated in article 5 you can send any complaint about any Customer, Provider or Act to Schnabby. Schnabby will do its best to deal with the complaint. You can contact Schnabby at any time and on business days Schnabby will respond within 24 hours after receiving your complaint. In addition, during business hours Schnabby can be reached by phone by calling 0294 – 26 15 17.

ARTICLE 12. TERM AND TERMINATION

1. 1.  This agreement enters into force as soon as you use the Service for the first time and then remains in force until terminated.
2. 2.  If you entered into this agreement by using the Service without an Account, you may terminate the agreement at any time by stop using the Service. If you entered into this agreement by registering an Account, you may terminate the agreement at any time by sending an e-mail to the servicedesk.
3. 3.  Schnabby is entitled to terminate the agreement if you have not used the Service at all in the last 18 months. In such an event Schnabby shall first send a reminder email to the email address connected to your account, but is not entitled to do that.

ARTICLE 13. CHANGES TO TERMS

1. 1.  Schnabby may change or add to these terms and conditions at any time.
2. 2.  Schnabby shall announce through the Service changes or additions at least thirty

(30) days before their taking effect.

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13.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of the Service after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

ARTICLE 14. MISCELLANEOUS PROVISIONS

1. 1.  Unless mandatory applicable law provides otherwise, Dutch law applies to this agreement.
2. 2.  Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Schnabby shall be brought before the competent Dutch court for the principal place of business of Schnabby.
3. 3.  You are aware of the fact Schnabby is not a party in disputes arising between Customer and Provider. The Provider could apply other laws and regulations then stated under this agreement.
4. 4.  For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
5. 5.  The version of any communication of information as recorded by Schnabby shall be deemed to be authentic, unless you supply proof to the contrary.
6. 6.  In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
7. 7.  Schnabby is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Schnabby or the associated business activities

so thats it! our-terms-and-conditions

more questions?  http://schnabby.com/call-us/