TERMS AND CONDITIONS
1. Introductory Provisions
1.1 These terms and conditions govern the use of the web platform provided by RESTARTSTAGE PRODUCTION - FZCO, branch office, with its registered office at Žitná 562/10, Nové Město, 120 00 Prague 2, ID No.: 22161104, entered in the Commercial Register kept by the Municipal Court in Prague (hereinafter referred to as the "Provider"), which serves to book musical performers and artists and to promote concerts online. 1.2 The founder of the Provider is RESTARTSTAGE PRODUCTION - FZCO, with its registered office in Dubai Digital Park – Building A1, Dubai Silicon Oasis, United Arab Emirates. 1.3 The Provider offers intermediary services and is not liable for the obligations or actions of Clients or Performers beyond those specified in these terms and applicable legal regulations. 1.4 By using this platform, you agree to these terms. These terms and conditions form an integral part of the contract concluded between the Provider and the Client.
2. Definitions
2.1 "Client" means any natural or legal person who uses the platform to book performers or to order online promotion of a concert. 2.2 "Performer" is an artist or music group offered for booking through the platform. 2.3 "Contract" means the agreement concluded between the Client and the Performer for a performance, or between the Client and the Provider for online promotion. 2.4 "Consumer" means any individual who uses the Provider's services outside the scope of their business activity or independent professional activity.
3. Booking, Promotion, and Conclusion of Contract
3.1 The Client makes a booking of a performer or orders promotion via the platform by filling in the booking or order form. 3.2 The performer's booking is not binding until confirmed by the performer and a contract has been concluded between the Client and the Performer. 3.3 The Provider acts as an intermediary between the Client and the Performer and is not primarily responsible for fulfilling the contract between them, except as required by law. 3.4 Online concert promotion is provided by the Provider under a separate contract between the Client and the Provider. The contract is concluded at the moment the Provider confirms the order. 3.5 The Provider is obliged to provide the Client with all pre-contractual information required by law, in particular under Section 1820 and Section 1811 of the Czech Civil Code, prior to concluding the contract.
4. Payment Terms
4.1 The fee for a performer's performance is agreed individually between the Client and the Performer. 4.2 The fee for online promotion is agreed individually between the Client and the Provider. All fees are stated including VAT and all charges. 4.3 Payments for performances shall be made according to the conditions set out in the contract between the Client and the Performer. 4.4 Payments for online promotion of a concert are governed by the contract between the Client and the Provider. The Client may pay the fee for services by bank transfer, payment card, or other methods specified on the platform. 4.5 In the case of international payments, additional fees related to international transfers or currency conversions may be charged. Such fees will be communicated to the Client in advance. 4.6 Payments may be made in Czech crowns (CZK) or euros (EUR), as specified on the platform. The current exchange rate of the Czech National Bank on the date of payment shall be used for currency conversion.
5. Liability and Warranties
5.1 The Provider is not liable for the quality and course of the performers’ shows or for the fulfillment of contractual obligations between the Client and the Performer, except as provided by law. 5.2 The Client and the Performer must adhere to the conditions set out in their contract. 5.3 The Provider is responsible for properly providing online promotion services under the concluded contract. However, the Provider does not guarantee specific promotional results (e.g., number of views, conversions) unless expressly agreed otherwise. 5.4 The Provider reserves the right to remove any performer or Client in the event of serious or repeated violation of these terms, with such right being exercised reasonably and without discrimination. 5.5 The Provider is liable for defects in the services provided in accordance with the relevant provisions of the Czech Civil Code.
6. Consumer Rights
6.1 A Consumer has the right to withdraw from a contract for online promotion concluded with the Provider within 14 days of concluding the contract, without giving any reason, provided that the provision of the service has not already commenced with their explicit consent. 6.2 To withdraw from the contract, a Consumer may use a model withdrawal form available on the Provider’s website, but is not obliged to do so. 6.3 If the Consumer requests the commencement of service provision during the withdrawal period and the service has been fully provided, the Consumer does not have the right to withdraw from the contract. 6.4 The Consumer does not have the right to withdraw from a contract for booking a performer if the service is to be provided on a specific date (Section 1837(j) of the Czech Civil Code).
7. Personal Data Protection
7.1 The Provider processes the personal data of Clients and Performers in accordance with Regulation (EU) 2016/679 (GDPR) and Act No. 110/2019 Coll., on the Processing of Personal Data. 7.2 The purpose of processing personal data is to provide services, meet legal obligations, and safeguard the legitimate interests of the Provider. 7.3 The Provider primarily processes identification and contact details, as well as information about provided services and payments. 7.4 Detailed information on personal data processing is contained in a separate Privacy Policy document, available on the Provider’s website.
8. Use of Spotify and Other Streaming Services
8.1 The platform may contain links to music samples of performers on services such as Spotify or YouTube. 8.2 The use of these services is subject to their own terms, and the Provider is not responsible for their operation. 8.3 The Client and the Performer acknowledge that all use of musical works must be in accordance with the Copyright Act and applicable licensing conditions.
9. Complaints and Grievances
9.1 Any complaints regarding a performer’s show should primarily be resolved directly between the Client and the Performer. If needed, the Provider may assist in resolving such disputes. 9.2 Complaints regarding the online promotion services provided by the Provider must be submitted in writing to the Provider’s address or by email to ondrej@restartbooking.com no later than 30 days after the promotion ends. 9.3 The Provider must handle the complaint without undue delay, at the latest within 30 days of receiving it. 9.4 In the event of a dispute between the Provider and a Consumer, the Consumer may use out-of-court dispute resolution with the Czech Trade Inspection Authority (www.coi.cz) or through the Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.
10. Changes to the Terms and Conditions
10.1 The Provider may unilaterally change these terms and conditions to a reasonable extent. The Provider will inform Clients and Performers of such changes at least 30 days before their effective date, by publishing them on the platform and sending a notification to the email address. 10.2 If the Client does not agree with the changes to the terms, they have the right to reject the changes and terminate the contract within 15 days of receiving notice of the changes. 10.3 If the Client does not reject the changes within the specified period, it is assumed that the Client agrees with them.
11. Final Provisions
11.1 These terms and conditions are governed by the legal order of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code. 11.2 Any disputes arising in connection with these terms and conditions or the contracts concluded on their basis shall be resolved by the competent courts of the Czech Republic. 11.3 These terms and conditions are drafted in Czech. If the terms and conditions are provided in other language versions, the Czech version shall prevail in the event of any conflict. 11.4 If any provision of these terms and conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. 11.5 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://www.coi.cz, is competent for out-of-court resolution of consumer disputes. 11.6 Provider’s contact details: RESTARTSTAGE PRODUCTION - FZCO, branch office, Žitná 562/10, Nové Město, 120 00 Prague 2, ID No.: 22161104, email: ondrej@restartbooking.com. These terms and conditions are valid and effective from January 1, 2025.