General Terms and Conditions

General terms and conditions

Contents
Parties

1 General provisions

2 Offers, conclusion and amendment of agreement

3 Prices and payment

4 Complaints

5 Termination and cancellation

6 Force Majeure

7 Liability

8 Indemnification

9 Confidentiality

10 Disputes and applicable law

Parties

Streaming service provider; Citystreamers registered in the Chamber of Commerce trade register under number 82782415

Customer: the party that uses the streaming services via the streaming service provider’s streaming service.

Streamer; the party that streams for the customer via the streaming service provider’s streaming service.

1 General Provisions

1.1 A streaming service provider provides streaming services. The streamer uses the streaming service provider’s streaming services to stream from public locations for the consumer. The consumer pays a fee to the streaming service provider and the streamer for viewing the streamer’s stream.

1.2 These terms and conditions apply to all actions of the streaming service provider and relate to the use of the streaming service.

1.3 Deviations from the general terms and conditions are only valid if they have been agreed upon in writing and expressly between the streaming service provider and the customer or streamer.

1.4 If and as soon as it is established that one or more provisions of these general terms and conditions are invalid, void or legally voidable, the remaining provisions of these terms and conditions will remain in full force and effect and the streaming service provider will replace the invalid, void or voidable provisions with provisions that, in terms of purpose and scope, correspond as closely as possible to the invalid, void or voidable provisions.

1.5 The general terms and conditions do not apply if and to the extent that they are deviated from in the agreement between the streaming service provider and the customer or streamer.

2 Offers, conclusion and amendment of agreement

2.1 An agreement takes place between the streamer, customer or the streaming service provider.

2.2 Agreements cannot be concluded if the streamer or the purchaser is under the age of 18 or is legally incapacitated.

2.3 The agreement between the customer and the streaming service provider is established after the customer purchases credits through their account on the streaming service provider’s website. After the streaming service provider receives payment, the credits are credited to the customer’s account. 

2.4 The agreement between the purchaser and the streamer is concluded after the purchaser selects a date for streaming via the streamer’s calendar and makes payment with the purchased credits.

2.5 The agreement between the streaming service provider and the streamer is concluded after the stream between the streamer and the customer has ended. The streamer will receive the credits debited from the customer’s account from the streaming service provider.

2.6 Any offers and discounts from the streaming service provider are without obligation, unless a term for acceptance is stated on the site or in a promotional email.

2.7 The streaming service provider cannot be held to the offers or discounts if the customer or streamer should reasonably understand that the offers or discounts, or a part thereof, contain an obvious error or typo.

2.8 Offers or discounts do not automatically apply to future agreements.

3 Prices and payment

3.1 All prices stated by the streaming service provider include VAT and other government levies, unless expressly stated otherwise.

3.2 The streamer receives payment for streaming after the stream ends. The streamer’s paid credits will be credited to their account.

3.3 The prices apply only to the services and/or works specified in the agreement. Any additional services and works provided by the streaming service provider will be invoiced separately at the prices applicable on the day of the service.

3.4 Prices quoted by the streaming service provider are based on the streaming prices, taxes, and other factors applicable at the time of the quote. If one or more of the aforementioned factors change after the agreement is concluded, the streaming service provider is entitled to change the agreed prices.

3.5 All invoices must be paid by the customer according to the agreed payment options and terms. If payment is not received, the customer must pay within 14 days of the date the service was purchased.

3.6 If the purchaser does not pay the amounts due within the agreed term, the purchaser is legally in default and, without prejudice to its obligations, the purchaser will owe statutory interest on the outstanding amount.

3.7 Collection costs, both judicial and extrajudicial, are for the account of the purchaser, with a minimum of € 250.00.

3.8 Payments made by the purchaser shall always serve to settle, firstly, all interest and costs due, and secondly, the oldest outstanding invoices.

4 Complaints

4.1 If the customer or streamer objects to an invoice, they must submit a written complaint no later than 7 days after the invoice date or purchase date, failing which any claim by the customer against the streaming service provider will lapse.

4.2 Complaints do not suspend the obligations of the purchaser or streamer.

5 Termination and cancellation

5.1 The streaming service provider may, without being liable for any damages, terminate its agreement with the customer or streamer in whole or in part in writing with immediate effect and without judicial intervention if:

1. The purchaser or streamer fails to fulfil one or more obligations arising from the relevant agreement, fails to fulfil them in a timely manner or fails to fulfil them properly.
2. The purchaser does not meet his payment obligations.
3. The streamer is streaming offensive material.

5.2 Upon termination, any existing claims on either side shall become immediately due and payable.

5.3 The agreement ends at the end of the stream. If a new stream is started, it will be considered a new agreement.

6 Force Majeure

6.1 If, as a result of force majeure, which is understood to mean a circumstance that prevents performance of the agreement and which is not attributable to the streaming service provider, performance by the streaming service provider without default is not possible, it shall have the right to terminate the agreement in whole or in part, or to temporarily suspend the performance of the agreement, without being liable for any damages.

6.2 Force majeure includes, but is not limited to, strikes, business disruptions, government measures, transport disruptions, illness of personnel, whether these occur at the streaming service provider or its partners or suppliers.

6.3 If the streaming service provider has already partially fulfilled its obligations before the occurrence of force majeure, or will only be able to partially fulfil its obligations due to the occurrence of force majeure, it is entitled to invoice separately for the part already delivered or the part that can be delivered, and the customer is obliged to pay this invoice as if it concerned a separate agreement.

6.4 The streaming service provider also has the right to invoke force majeure if the non-attributable circumstance that prevents it from fulfilling its obligation only occurs after it should have fulfilled its obligation.           

7 Liability

7.1 Except in the cases mentioned in this article, the streaming service provider accepts no liability for damages.

7.2 The streaming service provider shall not be liable for any indirect damage, including consequential damage, lost profits, missed appointments, or damage due to streaming stagnation.

7.3 The streaming service provider accepts liability only for direct damages suffered by the streamer or consumer, resulting from an attributable shortcoming in its obligations under the agreement or from unlawful act, up to the amount equal to the amounts invoiced or to be invoiced under the agreement, excluding VAT and other government levies, up to a maximum of €10,000.00.

7.4 The streaming service provider’s liability for attributable failure to perform an agreement arises only if the streaming service provider has been promptly and properly notified in writing of the default, setting a reasonable period for remedying the default, and the streaming service provider continues to fail to perform its obligations after that period. The notice of default must contain a sufficiently detailed description of the default to enable the streaming service provider to respond adequately.

7.5 The streaming service provider is not liable for the content streamed between the streamer and the consumer. The streaming service provider is not liable for offensive, insulting, or dangerous content. The consumer can report any content visible to the streaming service provider as described in the previous sentence.

7.6 The streaming service provider is not liable if a shortcoming is the result of force majeure.

7.7 The limitations contained in this article do not apply if the damage is the result of intent or gross negligence on the part of the streaming service provider or its subordinates.

7.8 Any liability of the streaming service provider shall lapse after one year, calculated from the moment the damage occurred, provided that any liability of the streaming service provider shall in any case lapse after one year, calculated from the end of the agreement to which the damage is most closely related.

8 Indemnification

8.1 The streamer indemnifies the streaming service provider against all possible claims from the customer that have arisen due to the streamer’s failure to comply with the obligations incumbent on the streamer under an agreement and these general terms and conditions.

8.2 The streamer further indemnifies the streaming service provider against all claims from the customer relating to damage arising in connection with the performance of the agreement between the streamer and the customer.

8.3 If the streamer is held liable by a consumer for damages for which the streamer and/or the consumer can or will be held liable, he is obliged to inform the streaming service provider in writing within 7 days of the consumer’s claim.

8.4 The streamer will only settle such claims in consultation with the streaming service provider, under penalty of forfeiture of the streamer’s claims against the streaming service provider.

9 Confidentiality

9.1 Streamers and customers may not make, store or share personal recordings of the streams.

9.2 The streaming service provider may, with the consent of the streamer or consumer, make a recording, remove personal data from the recording, and use the recording for commercial purposes via social media, such as YouTube or Instagram.

9.3 Streamers and consumers may not share personal or privacy-sensitive information during streams.

9.4 The streaming service provider will comply with privacy legislation (GDPR) when handling streamer and customer data.

9.5 All parties are obliged to maintain confidentiality of all information they receive from each other in the context of the agreement, unless they are legally obliged to provide information to third parties.

10 Disputes and applicable law

10.1 All disputes that cannot be settled amicably between the parties will be settled by the competent court in Rotterdam, the Netherlands.

10.2 Agreements between all parties are governed by Dutch law.