DIYBOOKING contract

DIYBOOKING – Individual (Natural Person)

This Collaboration Agreement (“Agreement”) is concluded between:

DIYBOOKINGan online digital intermediation platform,

operated by THE INTERMISSION SRL, with registered office in Bucharest, Sector 6, Splaiul Independenței no. 313B, CORP C6 Building, Floor 7, Apt. 72, hereinafter referred to as “DIYBOOKING”,

and

The User / Collaborator an individual who creates an account and claims the management of an artist / venue page on the platform, hereinafter referred to as the “Collaborator”.

By creating an account and using the platform, the Collaborator confirms that they have read, understood, and accepted this Agreement.

1. Subject of the Agreement

1.1. DIYBOOKING provides the Collaborator with an online platform for promoting artistic services / venues and for facilitating contact between the Collaborator and their clients.

1.2. DIYBOOKING provides exclusively digital infrastructure and is not a party to the contracts concluded between the Collaborator and their clients.

1.3. DIYBOOKING does not guarantee any number of bookings, income, or level of visibility.

2. DIYBOOKING Status

2.1. DIYBOOKING acts strictly as a technological intermediary.

2.2. DIYBOOKING is not an event organizer, talent agency, nor does it represent the Collaborator in relation to third parties.

2.3. DIYBOOKING assumes no obligations regarding the delivery of services to the Collaborator’s clients.

3. Collaborator’s Obligations

The Collaborator undertakes to:

• provide true, complete, and up-to-date information about their services;

• honor accepted bookings;

• communicate directly with clients and handle complaints;

• comply with applicable laws (tax, commercial, consumer protection, etc.);

• use the platform lawfully and fairly;

• not publish false, offensive, illegal, or misleading content.

4. Liability and Limitation of Liability

4.1. The Collaborator assumes full responsibility for:

• offered services

• honoring bookings,

• quality of performance,

• the contractual relationship with clients.

4.2. DIYBOOKING shall not be liable for:

• cancellations, no-shows, disputes;

• financial losses;

• indirect damages;

• reputational harm;

• conținutul publicat de Colaborator;

• DIYBOOKING is not responsible if a user publishes another person’s data without their consent.

5. Payments and Tax Obligations

5.1. The Collaborator is solely responsible for declaring and paying all taxes related to the income obtained.

5.2. DIYBOOKING does not provide tax or legal advice.

6. Suspension and Termination

6.1. DIYBOOKING reserves the right to suspend or delete the Collaborator’s account in case of:

• breach of this Agreement;

• providing false information;

• abusive or fraudulent behavior;

• improper use of the platform.

6.2. The Collaborator may terminate the collaboration at any time by deleting their account.

7. Personal Data

7.1. The Collaborator’s data is processed in accordance with DIYBOOKING’s Privacy Policy.

7.2. The Collaborator agrees to the processing of their data for the operation of the platform and communication purposes.

8. Force Majeure

DIYBOOKING shall not be liable for failure to perform its obligations due to force majeure events.

9. Payments processed through the Platform

9.1. DIYBOOKING may optionally provide the Collaborator with a payment processing feature through third-party payment processors (e.g. Stripe).

9.2. DIYBOOKING is not a payment processor and does not store customers’ banking or card details. All transactions are technically and contractually handled by the selected payment processor.

9.3. Amounts paid by customers may be:

• transferred directly to the Collaborator by the payment processor; or

• temporarily collected through DIYBOOKING’s infrastructure and transferred to the Collaborator according to the terms set on the Platform.

9.4. The standard payout term to the Collaborator is the end of each calendar month, with the possibility to modify this term by written notice (email accepted) or addendum.

9.5. DIYBOOKING reserves the right to charge a commission for payment intermediation. Any change to the commission shall be made only by written agreement (email accepted) or addendum.

9.6. In the event of booking cancellations, refunds, chargebacks or suspected fraud:

• procesarea tehnică a retururilor este realizată de procesatorul de plăți;

• the Collaborator is responsible for the cancellation policy applicable to their customers;

• any amounts refunded to customers may be deducted from future payouts to the Collaborator.

9.7. DIYBOOKING is not responsible for:

• the technical processing of refunds is handled by the payment processor;

• fees charged by the payment processor;

• decisions of the payment processor to block or withhold funds;

• fraud committed by third parties (customers, users, third parties).

9.8. In the event of event cancellation or failure by the Collaborator to provide the service, the responsibility for refunding the customer lies exclusively with the Collaborator.

9.9. DIYBOOKING is not responsible for the non-performance of services contracted by the Collaborator with their customers, even if the payment was processed through the Platform.

9.10. The Collaborator is solely responsible for:

• issuing fiscal documents to customers;

• declaring and paying all taxes, duties and contributions related to the revenues obtained through the Platform.

9.11. DIYBOOKING does not provide tax, legal or accounting advice and shall not be liable for any tax non-compliance of the Collaborator.

DIYBOOKING shall not be liable for indirect damages, loss of profit, loss of revenue or reputational damage.

DIYBOOKING’s total liability towards the Collaborator is limited to the value of the commissions collected from the Collaborator in the last 3 months prior to the occurrence of the damage or, in the absence of any commission, to the amount of 0 RON.

10. Modificări contractuale

DIYBOOKING reserves the right to amend this Agreement. The updated version will be published on the website and shall enter into force on the date of publication.

11. Legea aplicabilă

This Agreement is governed by Romanian law.

Any dispute shall be settled by the competent courts in Romania.

Acceptance of Terms

By checking the acceptance box and submitting the claim request, you confirm that you have read, understood, and agree to this Collaboration Agreement and the Terms and conditions of the platform.