Terms and conditions
General terms and conditions of business
In the version of 10.02.2023.
The General Terms and Conditions apply to all transactions in the form valid at the time the contract was concluded.
1. GENERAL
"FirstClass" by World Management Incorporation Pc, 85 Great Portland Street, First Floor, London, W1W 7LT, United Kingdom (hereinafter referred to as "FirstClass" or "Agency") arranges contractors used by the customer for functions, events, trade fairs and other projects be asked.
Contracts concluded between "FirstClass" and the customer are subject to the general terms and conditions listed here. This also applies to future contracts, even if the contracting parties do not expressly agree to this again. The agency has the right to change the terms and conditions at any time. The current version of the applicable General Terms and Conditions can be viewed at any time at www.firstclass-wmi.com/terms.
2. CONCLUSION OF CONTRACT
An order is made between the agency and the customer, for which the specific details are specifically mentioned. Only the service and price information given by the agency in text form / image form apply. The customer can accept the order confirmation by signing and sending the signed documents in text form. The countersignature of offers is considered a declaration by the management of the contractual partner. This also applies to a countersignature without a seal or stamp. Furthermore, the agency retains the right to demand full advance payment in order to grant the conclusion of the contract to the customer.
The customer may not place orders directly with contractors that he has already used for an order via the agency, nor may he disclose the contact details of the contractors to third parties. The contractors may only be booked through the agency. In the event of an infringement, the customer is obliged to pay the “FirstClass” agency a contractual penalty of three times the standard rate.
The potential customer may not place any direct orders with the contractors suggested by “FirstClass” or pass their contact details on to third parties if no order is placed.
3. DUTIES / OBLIGATIONS / ASSIGNMENT
The agency arranges the contractors for the implementation of personal services on behalf of the customer. Depending on the customer’s wishes, these contractors can be models, trade fair hosts/food, promoters or others. The contractors are invoiced and commissioned via “FirstClass” by World Management Incorporation Pc. The exact content of the contract for the service owed by the agency or the contractors results from the respective letter of offer or the order confirmation.
The customer shall ensure that the contractors are informed in detail about the scope of their work. This is usually done by having the contractors attend training courses organized and paid for by the client. The customer ensures that the contractors are provided with work equipment or special clothing if this is important for the execution of orders.
Outside of the training courses and the specific project order as well as the deadlines, the contractors placed with the customer are free to organize their activities. The agency assumes no liability for the recognition and approval of the contractor by the customer and the public.
The contractors are only obliged to work that specifically results from the booking request. As a rule, it is about the presentation of goods and services, possibly light service activities. The contractors do not have to provide or carry out any work that does not correspond to the purpose of the contract. In particular, work that impairs the employee's privacy or personality is not to be performed. Contractors are also not obliged to carry out work at a location other than that agreed. If the customer insists on such activities, the contractor can reject them and, in case of doubt, also refuse a further order. However, the customer remains obliged to pay the full agreed remuneration.
The customer is prohibited from making booking changes or additions with the staff deployed during the days of use without the prior consent of "FirstClass".
4. REMUNERATION / FEES / PAYMENT
The agency remuneration results from the specifically discussed contractual conditions. The calculation includes the fee of the commissioned personnel and the costs for the transfer of rights of use.
The "FirstClass" agency is entitled to demand advance payment of 50% to 100% of the invoice amount stated in the order confirmation or the offer. This advance payment is payable within 7 days of invoicing. The remaining amount is due at the time the service is rendered and is also payable within 7 days of invoicing.
In the event that a requested deposit/advance payment is not paid on time, "FirstClass" is entitled to terminate the contract immediately. In this case, the customer is not entitled to any claims for damages. "FirstClass" retains the right to the advance payment for the expenses incurred and the booking of the contractor, unless the customer proves that "FirstClass" has not incurred any corresponding expenses and / or damage.
5. PROJECT LOSS / CANCELLATION OF ORDERS
The customer remains obliged to pay the contractually agreed remuneration in the event of a project failure for which he is responsible. The same applies to the cancellation of a project through no fault of "FirstClass" or the contractor himself (e.g. cancellation or shortening of an event), unless the cancellation was due to force majeure, if an order is canceled due to force majeure, a cancellation fee of 20% will be charged.
If a contractor fails due to illness or force majeure, “FirstClass” is not obliged to provide the contractually agreed service if it is not possible for “FirstClass” to procure an equivalent replacement at short notice despite appropriate efforts. "FirstClass" will inform the customer about the failure immediately.
If the customer cancels the order up to 2 weeks before the start of the project, cancellation fees of 50% of the previously agreed total amount will be charged. If the customer cancels the order less than 2 weeks before the start of the project, cancellation fees of 100% of the previously agreed total hours will be charged. We expressly reserve the right to assert higher, actually incurred damages.
6. RIGHTS TO USE PHOTOGRAPHS AND VIDEOS OF CONTRACTORS
For the agreement of usage rights to photographs of the contractor, the parties will make an explicit and separate agreement on the so-called "buy-out" and its scope. Rights of use are only granted after payment of the necessary remuneration. A period of use begins with the actual use of the recordings, but no later than 1 month after the recordings were made.
The customer provides "FirstClass" with a selection of the recordings made by him in digital form free of charge, which "FirstClass" may use free of charge in any medium for its own advertising purposes and the contractor may use free of charge for the Setcard. Any use of content or time requires the express consent of "FirstClass" and, if necessary, separate remuneration in accordance with our buyout conditions.
Rights of use to photographs are only transferred if the agency's invoice is paid in full and on time. Otherwise, the customer is not entitled to use the contractor's recordings. If the customer uses the recordings without full payment, the customer is obliged to pay a contractual penalty of 100% of the agreed fee to "FirstClass". For the sake of clarity, it is stated that the customer himself is responsible for obtaining the rights to the photographer's photographic copyright in addition.
If the customer himself acts as an intermediary between the agency and another end customer, the rights of use agreed in the order confirmation are granted exclusively to the end customer under the conditions set out in §9. In this case, the customer is not granted any rights of use. Should the customer nevertheless use the recordings, the customer is obliged to pay a contractual penalty of 100% of the agreed fee to "FirstClass".
7. LIABILITY AND OTHER OBLIGATIONS OF THE CUSTOMER
The customer undertakes to provide "FirstClass" with all documents and information necessary for the provision of the contractually agreed services in a timely, accurate and complete manner. For the rest, the legal regulations apply with regard to the liability of the customer, also towards the contractors.
8. LIABILITY
The agency "First Class" by World Management Incorporation Pc excludes liability for negligent breaches of duty, provided these do not relate to damage resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely, remains unaffected. The same applies to breaches of duty by the contractor. In the event of accidents and illness of the contractor, as well as for damage caused by the contractor to third parties as part of the order, the contractor will indemnify the agency against all claims.
If the liability of "FirstClass" can be limited or excluded in accordance with these General Terms and Conditions, this also applies to its vicarious agents.
9. FINAL PROVISIONS
This Agreement is governed by UK law. Should individual points or provisions of this agreement be ineffective, the remaining points shall remain unaffected. The statutory regulation shall take the place of the ineffective regulation. Changes to this agreement must be made in text form (e-mail) and may only be confirmed by the respective management on the part of the parties.
The place of jurisdiction for all claims arising from the contract is the company headquarters.