Among other things, the agency specializes in services for events, trade fairs, and other occasions. The subject of this contract is the establishment of the framework conditions for the fulfillment of customer orders by uCastMe GmbH.
The website ucm.agency is operated by uCastMe GmbH (hereinafter referred to as "uCastMe"), Heidestr. 46, 10557 Berlin, represented by its Managing Director, Mr. Amin Guellil. These GTC can be accessed at any time at GTC accessed, printed, and/or locally saved.
Companies and individuals who wish to utilize the services of persons deployed by uCastMe for trade fairs or other events, and who wish to create projects on the uCastMe platform for this purpose to find suitable individuals, are hereinafter referred to as "Customers".
Individuals who work for a specific event due to deployment by uCastMe are hereinafter referred to as "Service Providers".
All natural and legal persons who use the Platform are hereinafter referred to as "Users".
The website under the domain uCastMe.de and the online tool offered there for data management and exchange between uCastMe, customers, and service providers, is hereinafter referred to as the "Platform".
These General Terms and Conditions (hereinafter also referred to as "GTC") apply equally to all users of the platform offered and operated under ucm.agency, regardless of whether they are customers or service providers. These GTC apply to both free and paid services provided by uCastMe. By registering or confirming an order, customers confirm that they use the platform in the course of their respective commercial or professional activity. For this reason, they are entrepreneurs within the meaning of § 14 BGB (German Civil Code).
Services provided by uCastMe GmbH are rendered exclusively under these General Terms and Conditions. By registering or booking on uCastMe, these GTC are deemed agreed upon, unless another written agreement is expressly made. Deviating or conflicting GTC will only be recognized if uCastMe has given explicit consent in writing.
Customers can book services via ww.ucm.agency on uCastMe.de. This also includes the option to select suitable hostesses and other service providers for specific tasks. The selected personnel will then be deployed by uCastMe to fulfill the assignment. After a customer submits a request, all eligible service providers are automatically contacted for an assignment. They are free to definitively make themselves available under the conditions specified by the customer (e.g., time, location, type of assignment, remuneration). Service providers have no claim to a booking.
uCastMe offers customers the opportunity, after creating a profile on the platform, to create projects and find suitable individuals for their respective needs (events, trade fairs, and other occasions). After defining specific criteria, suitable candidates are automatically contacted and informed about the terms of the assignment (time, location, remuneration, additional requirements, etc.). The customer receives an updated overview of all definitively available candidates and can now narrow down their selection and, if necessary, invite them to selection round(s). All service providers who have definitively made themselves available can also be contacted.
The customer must then make a pre-selection within 24 hours of being notified of the available service providers, in order to deselect unsuitable candidates, unless expressly agreed otherwise. If no selection has been made by then, the request will be cancelled. By confirming the pre-selection, the customer definitively accepts the associated offer. A booking is considered made as soon as the customer places it via the booking platform, by email, verbally, or by phone. The customer will receive a booking confirmation from the agency via online printout, fax, or email. The customer is obliged to immediately return this signed booking confirmation to the agency by mail or fax to facilitate proof of the booking's conclusion. Neither the sending of the booking confirmation by the agency nor the return of the signed booking confirmation by the customer affects the validity of the booking.
Depending on the order situation, uCastMe engages service providers as auxiliary persons and deploys them accordingly to fulfill orders. The service provider commissions the agency for their deployment with clients, unlimited in terms of location, time, and content. This primarily occurs via the online platform provided here.
uCastMe offers service providers the opportunity to upload information to the platform and, after review by the agency, to use this information to identify suitable job offers. Some information must be regularly updated to remain valid. This is how uCastMe ensures the quality of the database. Access to the data for each individual client is only possible after the service provider confirms their interest in a job. Furthermore, some data is solely for billing purposes and is never accessible to service providers or third parties.
The service provider supports the agency within their capabilities, meaning they ensure their best possible availability. In particular, the parties assume the following booking modalities and readiness for deployment of the service provider with the client:
Firm bookings are binding for both parties. Upon the client's request, uCastMe will promptly confirm these in writing and provide the essential booking details.
If the service provider does not commence an engagement from a contract concluded with their consent via the platform, or waives a concluded engagement, they are obliged to reimburse the platform for the resulting damage, specifically the verifiable costs and expenses incurred by the agency (telephone, travel, and printing costs, etc.).
Offsetting is generally excluded, unless it concerns an undisputed or legally established counterclaim.
uCastme is entitled at any time, even after accepting an order, to refuse the agreed service or delivery if the client defaults on payment or if there is a risk that fulfilling the contract could violate legal regulations or principles of public morality and decency.
Prices are determined by the type and qualification of the personnel deployed, but amount to at least 17 Euros net basic price per hour worked. Before order confirmation, the client receives a complete overview of the costs incurred. No further costs will be incurred unless explicitly stated in the offer.
The completed service is confirmed immediately after the job by both parties (client and service provider) with a click in the platform. The payment claim arises upon execution of the order. It is due for payment in Euros, without deductions, no later than upon receipt of the invoice. Statutory VAT is not included and will be shown separately on the invoice.
The client may withdraw from a firm booking at any time for good cause. Good cause includes, in particular, cases of force majeure and circumstances that make the execution of the order unreasonable. The withdrawal must be declared to uCastMe and the service provider immediately upon becoming aware of the reasons, stating those reasons.
For confirmed offers, the following cancellation policies apply: 50% fee from 4 weeks before the event, 80% fee from one week before the event, and 100% cancellation fee from 48 hours before the event.
Working time begins when the service provider arrives at the agreed work location at the client's premises. Preparations such as setup, make-up, and hair styling are considered working time.
Overtime is compensated at the agreed hourly rate for each commenced half-hour. Joint travel by the service provider and client between the hotel/airport and the work location is considered working time. Travel (combined) up to one hour per day is generally not charged as a gesture of goodwill.
uCastMe fulfills the client's order under the agreed conditions. For this purpose, selected service providers are deployed as auxiliary persons under the instruction of uCastMe. In the event of a failure, uCastMe will provide an equivalent replacement. The necessary briefing for the execution of the order will be carried out by uCastMe. All information required for this must be provided by the client in a timely manner. Access to the workplace must also be ensured by the client.
Service providers deployed by uCastMe are exclusively subject to the employer's authority to issue instructions. Any changes in requirements must be communicated directly to uCastMe, which will then issue corresponding change instructions to the auxiliary persons.
The client is obliged to immediately contact uCastMe in the event of performance disruptions and problems, providing all information necessary for assessment and problem-solving. Photographic documentation should be provided where possible. In the case of performance disruptions attributable to the service provider that make the execution of the order impossible, the claim for fees and travel expense reimbursement is forfeited. If the service provider is nevertheless used to perform the service, this shall be considered a waiver by the client of claims and rights arising from the performance disruption.
In the event of a culpable delay by the service provider (e.g., oversleeping, missed flight), the service provider must work correspondingly longer. If this is not possible, or only partially possible, due to special circumstances, the service provider loses their pro-rata wage claim based on overtime compensation.
For high-risk jobs, the client must take out appropriate insurance for the service provider. If uCastMe was not explicitly informed of the inherent risk during booking, the service provider is entitled to refuse performance and will receive a cancellation fee of 70% of the agreed total fee.
Further claims are governed by general legal provisions.
Users are obliged to treat their personal access data confidentially and not to make it accessible to unauthorized third parties. Any damages resulting from the loss or disclosure of this data shall be borne solely by the users. There is no right to registration.
Side agreements and direct bookings bypassing the agency are impermissible if users first met through the platform for contact purposes. So-called usage releases are also impermissible and invalid. Should uCastMe become aware of any circumvention of this agreement, individual users may be excluded from using the platform. Users who have proven to be in breach of contract in relation to other users may also be excluded. This applies to both clients and service providers.
Agreements with agents or representatives or other agreements with users that contain legally binding commitments or deviations from the General Terms and Conditions require written confirmation by uCastMe to be valid.
Upon entering into the contract, the service provider confirms that they hold all rights to the photos they use. This particularly applies to copyright, as well as all other ancillary copyrights, trademark rights, database rights, and rights to one's own image. By registering, the user grants uCastMe the right to use the content they provide free of charge within the scope of the brokering relationship and, if necessary, to transfer it to third parties free of charge, insofar as uCastMe deems this necessary for the purpose of fulfilling the contract. Furthermore, the exclusive ancillary copyright for all provided content, including identifiers, names, brands, and databases, rests with uCastMe.
Furthermore, the service provider is obligated not to use any photos whose content or use is criminal or otherwise violates criminal law provisions. This particularly includes photos with content that is offensive, incites hatred, is pornographic, or extremist.
Should the service provider violate any of the aforementioned obligations, uCastMe reserves the right to withdraw from the contract. The user shall indemnify uCastMe against all third-party claims based on a breach of their aforementioned contractual obligation. They shall compensate uCastMe for any damage incurred by uCastMe due to any culpable breach of the foregoing obligations.
If personal data is collected during the brokering process, it is exclusively for the purpose of facilitating contracts between the client and the service provider. uCastMe collects, processes, and uses personal data only to the extent that the user provides it and consents to it, or if a legal provision permits the collection, processing, or use of such data. The data collected here will be passed on to the client for brokering purposes. In the privacy policy, available at Data Protection, the user can get detailed information about how uCastMe uses and processes their data.
uCastMe is fully liable for intent and gross negligence, as well as in cases of personal injury; however, for slight negligence, only in the event of a breach of contractual obligations, as well as for impossibility attributable to uCastMe and in case of default. Liability is limited to the typical damage foreseeable at the time the contract was concluded, based on the circumstances known at that time.
Furthermore, uCastMe is fully liable for damages for which mandatory legal provisions stipulate liability.
uCastMe is liable for data loss only in accordance with the preceding paragraphs and only if such loss could not have been avoided by the customer taking appropriate data backup measures.
The limitations of liability also apply mutatis mutandis to our vicarious agents.
The contractual relationship between the parties (customer, uCastMe, and service provider) shall be governed exclusively by German law. The place of performance for all rights and obligations arising from the contract, including usage rights, is the registered office of uCastMe GmbH. The contract language is exclusively German.
Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions.
The place of jurisdiction for registered merchants, legal entities under public law, and customers without a general place of jurisdiction in Germany is Berlin.
The EU Commission provides under the link http://ec.europa.eu/odr an online dispute resolution platform ("OS platform") available. If the customer is a consumer residing in the European Union, this platform can be used for out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts or online service contracts. We are obliged to inform you about the existence of this OS platform and, in this context, also about our email address info@ucm.agency to inform you. We endeavor to resolve any potential disagreements regarding contracts concluded with our customers amicably through our customer service. However, we do not participate in dispute resolution via the OS platform. Furthermore, we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and are generally not willing to do so.