The following terms and conditions shall apply to all business relations between DJ Near Me Limited (hereinafter "DJ Near Me" or "we") and you the Service Provider (hereinafter referred to as “DJ”) concerning your Service on the DJ Near Me Platform (hereinafter " DJ Near Me ").
Our Relationship
This Agreement begins with your registration on DJ Near Me and continues until terminated in accordance with this Agreement.
DJ Near Me hereby engages you as an Independent Contractor and you will be self-employed, DJ Near Me acts solely as an Agent and therefore you are responsible for your own Taxes, Social Security disability insurance etc.
You understand that you are not entitled to medical, retirement, vacation, paid or unpaid leave, or other benefits.
Bookings
You understand and agree that DJ Near Me only provides the Technical Environment to enable DJ Near Me `s Clients to book your services and that DJ Near Me does not assume any liability for any bookings.
We are under no obligations to find you DJ Bookings.
You are under no obligation to accept DJ Bookings.
You are not signed to us and are free to promote yourself at gigs, we ask that you do so though in a professional manner.
You warrant that you have the necessary skills and qualifications to perform the Services.
Making false impression e.g., stating you can do Weddings, or you are a Multi-Genre DJ but you are really a specialist House Club DJ or not meeting the minimum standard required of you as a DJ will result in suspension of your account may lead to investigations and legal action.
Where possible you should view the venue before the event or request floor plans, video footage etc.
Payments and Fees
We charge the following fee on our platform £50 or 10% whichever is greater, we take this fee from the client as a deposit and as confirmation of your booking, you can pass this fee onto the client by factoring this into the price you charge on our platform. We may change the above fee if we choose to at any time but will notify you beforehand.
You are responsible for collecting the balance due to you on the day, you can collect this in cash or via bank transfer, we advise you collect this payment after you have set up prior to you playing any music. We cannot intervene in any disputes, or be held liable, any disputes are a Civil Matter between you and the client.
You agree to be paid via invoice on occasion, (Normally for Corporate events), we will help you raise this if need be and chase any outstanding invoices if necessary.
Conduct
You agree that you cannot communicate with the clients outside DJ Near Me until you are booked by the client.
You agree to comply with all reasonable and lawful requests of DJ Near Me and the client.
You need to always behave in a professional manner, during the booking process and on the day of the event. Failure to do so and upon further investigation your account may be suspended.
You must arrive on the day as early as possible, ensuring you have enough time to set up your equipment and start on time.
You must dress appropriately for the event and meet any other client requests/requirements e.g., Music Genres to be played, accept song requests and play radio edits if need be.
Your safety is of upmost importance to us, in the unlikely event on a Booking you feel threatened, or being intimidated or abused in any manner, please report this to the client. If things are not resolved or escalate, please call the Police.
If you sense any tension between you and the client after you have been booked, you must let us know immediately so we can intervene and find a replacement DJ if necessary. If we have to find an alternative DJ, you will forego any deposit or payments made.
Equipment
You must ensure all Insurance, PAT and CRB Policy Documents/Certificates are in date.
You must make ensure that nobody can be injured or harmed by equipment that you use when you are performing the Services.
You should ensure your equipment is appropriate for the event e.g., you speaker wattage is sufficient and that you have back up equipment in the event of an emergency.
We are not liable for any injury to you, guests or damage to your equipment on the night, you must have regard for your own safety and the safety of others and have insurance in place where appropriate.
COVID-19
You must at all times comply with all national, and local directives, ordinances, laws, health orders and regulations and guidelines concerning COVID-19. This may require scheduling site visits by appointment only, wearing required face mask protection and maintain social distancing guidelines.
Communication
You must communicate with DJ Near Me promptly during the booking process.
You must communicate with the client promptly, as soon as a booking has been made and the deposit has been paid.
During any preliminary Zoom meeting (before a deposit has been paid and you have been booked) you must not disclose any of your details e.g., DJ Name, Social Media or link to Mixes to any potential clients.
Termination and Cancellation
You can leave the platform at any time with no need for any notice.
Ordinary cancellation requires either party to notify the other within one week in writing.
If a client has to reschedule this will be classed as a cancelation and DJ Near Me`s cancelation/refund policy will apply.
In the event that a client needs to reschedule you should try where possible to accommodate the new date.
In the event that you cannot fulfil your role to perform as a DJ on the night and this is of no fault of the client, you must agree to a partial or full refund of any payments made to you.
In the event you need to cancel a booking you must give us enough notice so we can arrange cover (24 hours as a bare minimum), if you cancel you will forgo any deposits or payments and other than in an emergency last minute cancellations will result in your account being suspended, a No Show will result in you being removed from the platform.
If the client cancels within a week of the event we will pay you the full deposit collected minus any Stripe fees, three weeks to the event half of the deposit minus Stripe fees will be paid to you, more than three weeks to go until the event we will retain the full deposit, and nothing will be paid to you.
Failure to adhere to the above will result in suspension of your account pending further investigation or removal of your account from our platform.
Limitation of Liability
To the maximum extent permitted by law, DJ Near Me accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Platform or any information contained therein. Users should be aware that they use the Platform and its Content at their own risk.
DJ Near Me shall only be liable for damages in the event of intent or gross negligence. DJ Near Me shall only be liable for the negligent breach of essential contractual obligations (cardinal obligations).
Entire Agreement
This Agreement, represents the entire agreement between you and DJ Near Me. This Agreement may be amended only by mutual written agreement of DJ Near Me.
Severance
In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.
Governing Law
This Agreement will be construed in accordance with and governed by the laws of England and Wales.