The following Legal Terms and Conditions are available on https://PARTISTAFF.COM hereinafter known as the ‘Web’ or ‘Website’, or WWW.PARTISTAFF.COM and establish the conditions of use and access to the services offered to users by PARTISTAFF.COM regarding the brand, products and services of PARTISTAFF.COM. The use of the Web implies the acceptance of these Legal Terms and Conditions by the User (hereinafter always referred to as ‘User’), Candidates (hereinafter always referred to as ‘Candidate’) and Customers or Event Organisers (hereinafter always referred to as ‘Customer’) . Likewise, the use of the Web, destined for persons of the required legal age, implies that the User is fully capacitated to act on his or her own behalf. It is necessary for the User to carefully read this document and be aware that the Web and the Legal Terms and Conditions described herein may be subject to change.

Definitions

Legal Terms and Conditions: This document, as well as any addendum, annex, notes or modifications that may be attached, at any time while the Web remains valid and functioning, which constitutes the legal Terms and Conditions regarding the relationship between the User and the Web.

Documents: Documentation such as registration forms, photographs, graphics, images, data, User and Customer comments, communications, publications, messages, articles and other similar content, as well as any other which can be incorporated in the Web and edited, created, modified, altered, etc.

Services: The services available on the webpage https:// PARTISTAFF.COM are provided by PARTISTAFF.COM, owned and managed entirely by: PARTISTAFF.COM.

Through its website https://PARTISTAFF.COM, PARTISTAFF.COM offers its Users clear and precise information about the characteristics of the products and services marketed, as well as the necessary details to contact the main headquarters in Barcelona, Spain.

Specialized contents and services related to the publication of individual Users, including curriculums, bios, photographs, graphics, images, data, User and Customer comments, communications, publications, messages, articles, and other similar content and the presentation of User bios to Customers for Engagement at their Events, as well as any other which may be incorporated in the Web.

User: The person who is authorized to access the PARTISTAFF.COM Website according to the available modes, either as a visitor and potential User of the Web and Services or Candidate for an Engagement, or with prior registration in the Web and thus acceptance of these Legal Terms and Conditions for the use of the services provided by PARTISTAFF.COM.

Candidate: Registered Users, who have completed a registration and who´s profile  or Bio is made available to Customers for an Engagement at a registered Event.

Customer: A registered Customer of PARTISTAFF.COM, who has signed up to use the services of PARTISTAFF.COM and vetted by PARTISTAFF.COM and who is seeking to be put in contact with individuals, with the personal or professional skill set, they require for their Event. They are typically event organisers, promoters, venue owners or individuals.

Event: An Event must be registered by a Customer which discloses the venue, address, date, times, duration, nature, scope of what is planned and the requirements for Candidates for the Event.

Engagement: The act or process by which the User and the Customer engage or interact, with the provision of services, or attendance by the User, at an Event or over a period of time, whether or not a contractual relationship either formal or informal exists.

Web/Website: The webpage where PARTISTAFF.COM offers its services, managed and marketed by PARTISTAFF.COM and / or its business partners and associates.

Services

Description of Services: PARTISTAFF.COM offers the User the ability to upload personal content including pictures, bios, curriculums, conversations and recommendations that will be published and made available to Customers who are interested in Engaging the User to fulfil the function of a professional partygoer, host or hostess at an event, artist, entertainer or guide. All content and services available on the Web that were not incorporated by the ‘Last Updated’ date at the beginning of these Legal Terms and Conditions will be considered automatically included in the Services once they form part of the Web.

The purpose of the Website is to serve as an Internet portal in which Users publish a profile and is put into contact with Customers with whom they can engage, whether remunerated or not. The service is free to use for Users to publish their profile while PARTISTAFF.COM acting as an agent or intermediary charges a fee to Customers for introductions made whether or not an engagement is undertaken.

Responsibilities and Obligations of Users

Only registered Users may upload their personal profile on PARTISTAFF.COM. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password and access to your account. PARTISTAFF.COM is not liable for any acts or omissions by you in connection with your account.

Users are expected to upload profile pictures, a summary of their skill set, personality, or technical abilities, availability, residency, employment status, preferred location or venue type, ability to travel and expected remuneration for their services.  Information is expected to be true and accurate and not be considered leud or suggestive of any activity that falls outside of the permitted services. Content uploaded which PARTISTAFF.COM considers, at its own discretion to be outside of a morally acceptable standard will be removed from publication and the User Account suspended. Examples include photos revealing nudity or of a sexually explicit nature, or services suggesting as being of a sexual, illicit or illegal nature.

Users are expected to Publish in their profile their expectations for remuneration for any services provided on an engagement to enable PARTISTAFF.COM to present profiles that correspond to a Customer´s budget.

Negotiate directly with the Customer over the terms, timing, travel and contractual arrangement for an Engagement, including checking the nature of the Event and making sure that you are comfortable with providing services at the Event and that you consider you have the necessary experience and qualifications to provide the services. PARTISTAFF.COM is not responsible for the details of any engagement which is expressly determined directly between the User and Customer.  PARTISTAFF.COM will not be responsible if you do not find the Customer or the Event suitable when you attend.

The User is expected to arrive on time, with suitable attire applicable to the provision of the services, for the Event or Engagement and to perform those services to the best of your abilty and not withdraw without reasonable notice and without justifiable reasons. The user agrees to take due care not to provide services at more than one Event where the Events are on at the same or overlapping times or where it is unreasonable for you to believe that you can provide your services at both Events.

Users are expected to display good general conduct and respect local customs, laws and sanitary rules and restrictions during any Engagement, and PARTISTAFF.COM holds itself harmless for any breach of any law in general or sanitary rules that might lead to fines or any other legal consequence and the User accepts full legal responsibility arising from such a breach of rule and/ or law. 

The User shall make good any damage or harm caused to PARTISTAFF.COM and or the Customer by his disorderly, negligent or illegal behaviour or by the similar behaviour of any friend or staff member associated with the User while on an Engagement. 

The User will refrain from making any derogatory or slanderous comments or content of a political, racist or sexists nature relating to PARTISTAFF.COM or the Customer or their staff or collaborators.

The User is expected to inform PARTISTAFF.COM of the key facts from an engagement and not engage with the Customer on future Engagements without Engaging through the  PARTISTAFF.COM platform or inform PARTISTAFF.COM of future or ongoing engagements and their value if negotiated off platform.

• (a)  date of the Event for which the you are hired;
• (b)  the nature of the Event;
• (c)  the address at which the Event will be held;
• (d)  arrival and finish times;
• (e)  rates paid; and
• (f)   how payment is made and when;

The User should not under any circumstances take other Users, friends or subcontractors to an Engagement who are not booked through the PARTISTAFF.COM platform and the User or Users will be liable for the booking fees for those third parties engaged whether remunerated or not.

The User agrees to ensure that they are legally permitted to work and carry out the services offered during an Engagement in the jurisdiction where the engagement is likely to take place, and agrees to take care of his own tax and social security obligations that may arise from the delivery of services during an Engagement.  The Users specifically agrees to hold PARTISTAFF.COM harmless from any claims made against them by any authority or government agency relating to their residency status, tax or social security

By using the services provided by PARTISTAFF.COM, the USER expressly agrees or gives his consent that:

1. PARTISTAFF.COM may publish the content, including personal information, uploaded on our web and social media pages and via email directly to Customers or potential Customers. The use and publication of personal information is covered by PARTISTAFF.COM Privacy Policy.
2. PARTISTAFF.COM may promote and introduce your profile to Customers and potential Customers.
3. PARTISTAFF.COM may act as facilitator or agent on your behalf for Engagements with Customers, that may be paid or unpaid, and agree outline terms for any Engagement.
4. PARTISTAFF.COM will charge an introduction or booking fee to the Customer once an introduction or booking is made and that no part of that fee belongs to the User nor may the User claim any fee in whole or in part in the case of non-payment by the Customer to the User. Booking fees are determined at the sole discretion of PARTISTAFF.COM.
5. PARTISTAFF.COM will not become directly involved with negotiating the details of any Engagement between a User and a Customer.
6. PARTISTAFF.COM has no direct relationship in contract for services nor a relationship of employment or that of subcontractor with the User, other than that of agent and facilitator, for which it receives a booking fee

Customers Responsibilities and Obligations

Role of PARTISTAFF.COM

PARTISTAFF.COM is a facilitator only. PARTISTAFF.COM’s role is to present Candidates from our database of registered Users and find Candidates suitable to your requirements.

PARTISTAFF.COM does not employ any Candidate or registered User nor do we have any contractual relationship with them other than these terms and conditions as agents. Customers are expected to engage directly with any Candidates chosen for a registered Event and agree the terms of any Engagement directly with them.

Obligations of Customers

Customers are required to Register a Customer Account with PARTISTAFF.COM where they must, at all times, answer all questions honestly, correctly and completely. PARTISTAFF.COM reserves the right to verify any information provided by the customer and the Customer gives their express permission for PARTISTAFF.COM to do so.

Customers are then required to register the details of any Event on the PARTISTAFF.COM website whereby Customers will be given access to registered Users and potential Candidates. For each Event Customers are required to provide the following minimum details:

• Date, start and finish times of the Event for which Candidates are required for an Engagement;
• the address at which the Event will be held;
• the nature or description of the Event;
• the services required for the Engagement;
• start and expected finish times for when you want the Candidates to arrive at the Event;
• any rates above PARTISTAFF.COM standard proposed rates for Candidates should they accept the Engagement;
• whether any transport will be provided to and from the Event or whether transport costs or any other reasonable disbursements will be offered to Candidates should they accept the Engagement;

When you register an Event with PARTISTAFF.COM, you must pay the non-refundable deposit applicable as at the date of registration. This payment will be processed automatically on the credit card or other similar card whose details you supplied to PARTISTAFF.COM at the time you created your account. The fee is not refundable even where the Event is cancelled or postponed through no fault of yours.

Customers agree that any information provided to PARTISTAFF.COM when you create your account or register the details of an event can be used by PARTISTAFF.COM in accordance with PARTISTAFF.COM’s Privacy Policy at www.PARTISTAFF.COM.com.au.   

Engagement with Candidates

It is the Customer’s responsibility to negotiate the terms of your Engagement with any Candidates presented or introduced by PARTISTAFF.COM and Customers are also responsible for making your own inquiries of each Candidate prior to any Engagement, checking references and making sure you consider they are suitable or qualified for your Event. PARTISTAFF.COM does not conduct its own inquiry as to any of the information supplied by Candidates when they register as Users with PARTISTAFF.COM and PARTISTAFF.COM will not be responsible if a Customer does not find any Candidate suitable or if they do not have the qualifications or experience represented by the Candidates on the PARTISTAFF.COM website or required by the Customer as per the registration of the Event.

Customers understand that they may have certain legal obligations to any Candidates or third parties they Engage including but not limited to; insurance, workers’ compensation, payment of award rates, tax or social security obligations and compliance with laws relating to working conditions or working with minors. These are obligations remain strictly at the liability and expense of the Customer and PARTISTAFF.COM is not liable to any Customer, Candidates or any third party for any obligation or cost that may arise from any Engagement with a User or Candidate.

If the date of an Event is changed, once the details have been registered on the PARTISTAFF.COM website, and at least one weeks notice is given, then another deposit is NOT required. However, if Candidates have already been engaged, then cancellation fees may be due if those Candidates cannot attend on the new date or if they cannot find a replacement job for the scheduled night of the Event.

For Events canceled within 48 hours of the start time, PARTISTAFF.COM will charge 50% of the fees payable to the staff. Candidates will receive a minimum of €50 for a cancellation within 48 hours. For Events canceled within 5 hours of the event, PARTISTAFF.COM will charge 100% of the fees payable to the staff. Candidates will receive a minimum of €100 for job cancellation within 5 hours of the start time. Should you fail to cancel and the Candidates turn up to the agreed address, ready for work, PARTISTAFF.COM will charge 100% of the fees payable to the Candidates you had booked.

Customers understand that PARTISTAFF.COM will charge you, the organiser, the equivalent of the Engagement amount listed on the platform, if you fail in your obligations to the booked staff. This means if the Candidates turn up to the address, at the time you listed, and you are not available or ignore their calls and texts, you will be charged the entire amount of the Engagement.

Customers are liable for a €100 charge per breach, if you contact or send contact details of any variety to Candidates via the messaging feature, without booking those Candidates via the website. If you contact them via instagram or facebook aiming to book the PARTISTAFF.COM, you will be charged €100 per Candidates contacted, or per girl booked around the system.

Your Engagement with Candidates

Although PARTISTAFF.COM is not a party to the agreement between a Customer and a Candidate or registered User, PARTISTAFF.COM requires Customers to include the following key terms into a written agreement (which can be done by exchange of emails), with a Candidate or registered User:

1. (a) date, start and expected finishing time of the Engagement
2. (b) the address and nature of the event;
3. (c) the rate at which Candidates are Engaged whether by Engagement or by hour which must be at least the amount referred to on the PARTISTAFF.COM website;
4. (d) rights of Candidates to cancellation or postponement fees; and

 

Termination

PARTISTAFF.COM may terminate this agreement immediately on giving notice if any term of this agreement are breached. If PARTISTAFF.COM terminates this agreement, PARTISTAFF.COM will notify any Candidates who have been contracted for an Event of the termination and they may then decide whether they will continue with the Engagement, under the terms of the agreement entered into with them.

PARTISTAFF.COM will not be liable to repay the non-refundable deposit if this agreement is terminated.

 

PARTISTAFF.COM Responsibilities and Obligations

 

PARTISTAFF.COM guarantees to apply appropriate security measures, adapted to the current regulations, designed to protect the confidentiality, security, integrity and truthfulness of the information offered on this Website and will not assume any responsibility for any damages, harm or tangible or intangible loss arising from fraudulent use of the contents of the Website, or from your own use or access to the PARTISTAFF.COM Website, including any connections that may be made through that site or the misuse of passwords or identifiers to access the contents of the latter.

Upon termination of the legal relationship established with the User, PARTISTAFF.COM is fully committed to preventing access to any data and information in its possession. The preservation of any data or information that is accessed by virtue of the services provided on the Web after the termination of such services is expressly prohibited, irrespective of the duty of conservation required by the applicable legal provisions.

PARTISTAFF.COM guarantees to do maintenance of all the necessary operating conditions, updates, improvements, availability and security of the Web, as well as the necessary conditions to solve any type of incident or consultation derived from the Services, and those that could be required to guarantee the integrity of the authentication and identification mechanisms required.

The Web of PARTISTAFF.COM and the Services rendered through it, must be used exclusively as a tool of storage, consultation and management of the Services provided, with PARTISTAFF.COM resulting exempt from any responsibility relating to misuse of the platform or for purposes other than those stated.

PARTISTAFF.COM will not be responsible for the veracity or legality of any Documents stored by Users, nor for its use through the Web. PARTISTAFF.COM does not guarantee the quality or appropriateness of the uploaded, consulted or stored files that will in any case be the responsibility of the User, and shall not be liable for direct, indirect, consequential or incidental damages arising from non-attributable uses.

PARTISTAFF.COM is not liable for damages of any nature that may arise from availability and technical faults of the Website. In particular, PARTISTAFF.COM is not responsible nor does it guarantee that access to this Website will be uninterrupted or error-free. In no case will PARTISTAFF.COM be liable for losses, damages or harm of any kind arising from access to and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of a virus.

In this sense, PARTISTAFF.COM shall not be responsible or liable in any case for

1. a) the interruption of its commercial activity
2. b) delays or interruptions in access to the Web;
3. c) failure to deliver, erroneous delivery, corruption, destruction or other modification of data;
4. d) damage caused to the computer equipment of Users or third parties during the provision of the Web service and
5. e) of any other incidents that are beyond the reasonable control of PARTISTAFF.COM . PARTISTAFF.COM will not be liable for damages or losses caused by decisions made based on the information disseminated by this medium nor for any possible inaccuracies, omissions or errors contained therein.

PARTISTAFF.COM is not liable for damages and losses of any nature that could be derived from unauthorized third-party knowledge of User’s data and their use of the Website.

 

General Conditions of Use

PARTISTAFF.COM reserves the right to make changes and / or improvements at any time to the information contained on the Website or to the configuration of the Website at any time and without prior notice, that will be subject to the conditions established in these Legal Terms and Conditions.

In particular, it reserves the right to unilaterally modify, without prior notice, the presentation, configuration and content of the Website, and of the Services provided, as well as its operating rules and these Legal Terms and Conditions, acting always in accordance with the implementing legislation, and provided there is sufficient cause for it.

In the event of modifications, they would be communicated through the Website itself or according to the means deemed most effective for the general knowledge of Users, and will be made for the improvement and updating of the operation.

Any modifications will take effect immediately at the time of their publication on the website.

The User agrees to correctly use the Web in accordance with the law and the present legal notice, morality and public order. The User will respond to PARTISTAFF.COM , or to third parties for any damages that could be caused as a result of the breach of said obligation.

Access, navigation and use of the Website is the responsibility of the User and he/she promises to use the contents diligently, correctly and lawfully, as well as to faithfully respect any additional instruction provided by PARTISTAFF.COM or authorized personnel of PARTISTAFF.COM regarding the use of the Website and its contents.

The individual visitor or user endeavours to abstain from but not limited to the following:

- Use the contents for purposes or actions contrary to law, morality and generally accepted good customs, or public order. To this end, PARTISTAFF.COM reserves the right to prevent or prohibit access to any User that introduces in this Website any content contrary to the Web or morality regulations, also reserving the right to exercise all legal measures that could correspond to avoid this type of conduct.

- Reproduce, copy, distribute or permit public access through any form of public communication; Alter, change, modify or adapt the contents, unless authorized by the holder of the corresponding rights or legally permitted.

- To use the contents and, in particular, the information of any kind obtained through the Web or its services to send publicity, communications for the purpose of direct sale or with any other kind of commercial, promotional or message-sending purpose (including any type of ‘junk mail’, ‘spam’, ‘chain letter’, ‘pyramid scheme’ or similar), as well as to market or otherwise disclose said information.

- Perform any act contrary to the norms that regulate the protection of personal data, the market and consumers, intellectual property, tax rules, protection of honor, privacy, and image and reputation of persons or entities.

- Perform any act of defamation, abuse or aggression, harassment, threat and / or fraud of any kind; as well as any act or activity that is considered or may be considered obscene, indecent, pornographic or related to pornography, or in any other offensive sense. Perform any activity that could give rise to civil or criminal liability, which encourages conduct punishable by law, or encourages or promotes illegal activities such as ‘hacking’, ‘cracking’ or ‘phreaking’.

- Introduce by any means elements such as viruses, worms, Trojans, ‘Easter eggs’, ‘time bombs’, spyware, or other software, codes or files that could be harmful, dangerous or invasive, or that could damage or misuse PARTISTAFF.COM ’s operations, or monitor or control the use of any type of hardware, software or equipment

- Use any robot, ‘spider’, search or retrieval application on the Web, or install or use any automatic or manual device to retrieve, index, perform ‘scrapes ‘, ‘data mining’ or otherwise gather or store Web content, or reproduce or bypass the navigation structure or the presentation of the Web without prior express consent of PARTISTAFF.COM .

Use of the Web for purposes detrimental to PARTISTAFF.COM , its property or interests, Customers or third parties is expressly prohibited, or in any way that overloads, damages or renders networks, servers and other hardware, or products and applications (Software), PARTISTAFF.COM or third parties useless.

Users and, in general, any person who accesses the Web through any channel, should refrain from obtaining, or trying to obtain any kind of material accessible through the Web itself, or the services provided by the Web, using means or procedures other than those made available for that purpose.

 Jurisdiction and Applicable Legislation

The present Legal Terms and Conditions will be governed, interpreted and executed in accordance with Spanish regulations, renouncing the User’s own jurisdiction and submit themselves to the jurisdiction and venue of the Courts and Tribunals of Barcelona, Spain, notwithstanding any lawful provision to the contrary.

By using the Services from different locations, Users assume such use under their responsibility and at their own risk. Users must comply with the regulations established in the places where they are located and from where they access the Services as applicable.