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Terms & Conditions
Terms & Conditions for customers
Last updated: April 2023
1. Scope
1.1 These Terms of Use apply to the Service Mixgate at URL https://www.mixgate.app ("Mixgate Service"), which is operated by Alexander Kuhn (hereinafter referred to as "Mixgate"), Keltererweg 3, 13595 Berlin, Germany. With the Mixgate Service, users (“Customers” or “you”) can book DJs (“DJ”) for their events.
1.2 Deviating provisions of the Customers shall not become part of the agreement between Mixgate and the Customer, unless Mixgate has expressly agreed to them at least in text form.
2. Role of Mixgate and Descriptionof the Mixgate Service
2.1 The Mixgate Service is a platform that allows Customers to search for DJs for their private and commercial events. Mixgate only takes over the mediation of the Customer to the respective DJ. Mixgate also offers additional services, such as a newsletter.
2.2 All DJs which you can book with the Mixgate Service fulfil the requirements of a “company” within the meaning of § 14 BGB. If the Customers get in contact with the DJ for a booking, they will be able to view the DJ’s contact details.
2.3 Intellectual property rights of content of DJs displayed on the Mixgate Service remain with the DJ. The DJ will only grant the non-exclusive rights of use to display the content on the Mixgate Service.
2.4 Contracts for a booking by a Customera re concluded directly on the Mixgate Service.
2.5 The DJs are solely responsible for the content and presentation of the advertised services and music styles on the Mixgate Service. Mixgate does not review this content. Errors and changes are reserved.
3. Subscription as a Customer and Termination of the Account
3.1 The use of the Mixgate Service as a Customer requires a proper subscription. Subscribing for the Mixgate Service is free of cost. To subscribe the Customer needs to provide his correct name and email address.
3.2 With your first login, you will be asked to provide further data, such as your address and preferred payment method. Providing such data is voluntary.
3.3 Your subscription will run for an indefinite term. You can terminate your subscription at any time. If there are any pending bookings, your subscription will not end before this booking is finalized and paid. Mixgate reserves the right to terminate the account with a notice period of four weeks if it has not been used for 3 years.
3.4 The right to terminate for cause shall remain unaffected. Mixgate can terminate the subscription for cause in cases including but not limited to Section 3.8 or if you frequently do not answer to requests ofDJs recommended to you.
Dependingon your search request including time, location, music style and payment conditions (Basic, Advanced or Expert as listed on the website), Mixgate will forward your request to several DJs. Depending on their subscription with Mixgate (Basic, Plus or Premium, conditions are listed on the website), they will receive your request sooner or later and will be able to accept the booking. The DJ who gets back to Mixgate first will be recommended to you. You will immediately be able to communicate with the DJ. With sending your search request to Mixgate, accepting these terms and conditions and by clicking on “Pay now” you send an offer for your agreement with the DJ. With the DJ recommended to you and accepting your offer, the agreement with you and the DJ is entered into.
3.5 The price of each booking will include the remuneration of the DJ plus a 15% service fee (“Matchmaking Fee”) for the Mixgate Service. The Service fee will need to be paid by the Customer for successfully referring a DJ to you. If there are changes to the booking, you will inform Mixgate immediately before or after the event so that the payments and the service fee can be adapted.
3.6 The payment will need to be made upfront by choosing one of the payment methods offered within the Mixgate Service. Mixgate uses the payment provider Stripe (operatedby Stripe Payments Europe Limited) to arrange the payment. The various payment methods (e.g. creditcard, GooglePay, ApplePay) are shown to you before you send your search request.
3.7 Invalid payments or payments which will be cancelled afterwards can lead to the Customer being blocked from the Mixgate Service and his account being terminated immediately. The same can apply if a DJ will be booked for a fake event.
3.8 The agency contract with Mixgate and the booking contract with the DJ are stored by Mixgate, a copy is sent to the Customer and the DJ by email. In addition, the Customer can access, print, download or save the terms of use at any time via the link "Terms &Conditions for Customers" provided on the Mixgate Service, but always only in the current version. Older versions are not available on Mixgate Service.
3.9 The contract can only be concluded in English.
3.10 The Customer can also order Mixgate's newsletter on the Mixgate Service. By entering his email address and clicking the button "Order newsletter now", the Customer makes his order. The receipt of the newsletter can be cancelled at any time. The newsletter can onlybe ordered if the Customer already subscribed for the Mixgate Service.
4. Your Agreement with the DJ
4.1 Your agreement with the DJ will be entered into via the Mixgate Service. Mixgate is not party to this agreement.
4.2 You are under duty to immediately answer any communication by the DJ who was recommended to you. You as well as the DJ are authorized to cancel any booking with at least 24 hours before the event starts. Such right to cancellation will lead to no costs and no remuneration will be paid. Cancellation by the Customer within 12 hours before start of the event will lead to 50 % costs and less than 12 hours or no show to 100 % of the agreed remuneration.
4.3 If the DJ cancels your booking less than 24 hours before the event starts, you can try to find an alternative DJ. If he demands higher costs, you can ask the original DJ for a refund of such higher costs. Any further claims against the DJ shall be excluded.
4.3 There is no ranking of DJ services shown on theMixgate Service. Mixgate will suggest only one DJ to each Customer and persingle request which will match best to the information provided by theCustomer.
5. Obligations when using Mixgate Service
5.1 The DJ undertakes to refrain from all actions that are likely to impair the functionality of Mixgate Service.
5.2 You further confirm to book a DJ for events that are really planned and to immediately inform the DJ and Mixgate on any changes of your valid booking.
6. Liability of Mixgate
6.1 Mixgate expressly assumes no liability for the content posted by the DJ and/or third parties via or on Mixgate Service.
6.2 Mixgate assumes no liability that the Mixgate Service meets the requirements of the Customer and/or is available at all times without interruption or error.
6.3 Mixgate is not responsible for the booking agreement between the DJ and the Customer and the DJ’s performance, including but not limited to Mixgate assumes no liability for any claims on re-payment or denial of payment due to bad performance or other reasons. It is up to the Customer to clarify those issues directly with the DJ.
6.4 Mixgate shall be liable in the event of intent and gross negligence in accordance with the statutory provisions. In the event of slight negligence, Mixgate shall only be liable if an essential contractual obligation is breached. Essential contractual obligations are those obligations which the contract must grant to you according to its meaning and purpose or whose fulfilment enables the proper execution of the contract at all and on whose compliance the Customer may regularly rely.
6.5 In the event of liability due to slight negligence, this liability shall be limited to such damages that are foreseeable or typical at the time of conclusion of the contract. Liability for injury to life, limb or health remains unaffected, as does strict liability under law, e.g. under the Product Liability Act.
6.6 Insofar as Mixgate's liability is excluded or limited, this shall also apply to the personal liability of Mixgate'semployees, legal representatives and vicarious agents. All limitations of liability also apply to all statutory (including tortious) and contractual claims resulting from the use of Mixgate Service or from the contractual relationship.
7. Participation in Dispute Resolution Procedures and Information on Online Dispute Resolution for Consumers
The platform for online dispute resolution (OS platform) of the European Commission can be reached via the following link: https://webgate.ec.europa.eu/odr. Mixgate is not willing or obliged to participate in dispute resolution proceedings before an arbitration board is-à-vis consumers. However, it will use its best endeavours to resolve a dispute expeditiously and thus avoid legal action.
8. Final provisions
8.1 Should any clause of these Terms of Use be invalid, this shall not affect the validity of the remaining provisions. The parties shall replace an invalid clause with a valid provision that comes closest to the meaning and purpose of the original clause.
8.2 Changes to these terms of use must be made in writing. This also applies if the text form should be abolished as a requirement.
8.3 All legal relationships between the Customer and Mixgate shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to Customers who are consumers insofar as it does not deprive them of the protection granted to consumers by those mandatory provisions of the country in which the consumer has his habitual residence, i.e. provisions that cannot be waived by agreement.
8.4 The place of jurisdiction is Berlin, insofar as the Customer is a merchant or has no permanent residence in the Federal Republic of Germany.
Terms & Conditions for DJs
1. Scope
1.1 These Terms of Use apply to the Service Mixgate at URL https://www.mixgate.app("Mixgate Service"), which is operated by Alexander Kuhn (hereinafter referred to as "Mixgate"), Keltererweg 3,13595 Berlin, Germany. With the Mixgate Service, users (“Customers”) can book DJs (“DJ” or “you”) for their events.
1.2 Deviating provisions of the DJs shall not become part of the agreement between Mixgate and the DJ, unless Mixgate has expressly agreed to them at least in text form.
2. Role of Mixgate and Description of the Mixgate Service
2.1 The Mixgate Service is a platform that allows Customers to search for DJs for their privateor commercial events. Mixgate onlytakes over the mediation of the Customer to the respective DJ. Mixgate alsooffers additional services, such as a newsletter.
2.2 The DJ confirms that he is a professional and fulfils the requirements of a “company” within the meaning of § 14 BGB. If the users get in contact with you for a booking, they will be able to view your contact details.
2.3 Intellectual property rights of content of DJs displayed on the Mixgate Service remain with you, you only grant to Mixgate the non-exclusive rights of use to display the content on Mixgate Service.
2.4 Contracts for a booking by a Customer are concluded directly on the Mixgate Service.
2.5 The DJs are solely responsible for the content and presentation of the advertised services and music styles on the Mixgate Service. Mixgate does not review this content. Errors and changes arereserved.
3. Subscription as a DJ and Termination of the Account
3.1 The use of the Mixgate Service as a DJ requires a proper subscription. You can choose between monthly and yearly subscription as well as Basic, Plus or Premium account. Therefore, the DJ needs to provide his correct name, email address and DJ name. Further you will then be asked to confirm the subscription (Basic, Plus or Premium) and arrange the payment. Subscription takes place via double opt-in. The email Mixgate sends to you after sending your data includes the offer to register for the Mixgate Service. By clicking on the link in the email, you accept this offer and the subscription is completed.
3.2 With your first login, you will be asked to provide further data, such as your address, bank account, phone number, availability and details to the services you provide as DJ. You must also provide information on the local area where you offer your services in Germany and of you invoice travel costs. The hourly rate for your services will be defined by usand depending on the Customer’s choice between Basic, Advanced and Expertservices. If you want to have a reimbursement for travel costs you will need toarrange this directly with the Customer.
3.3 Your subscription will run for the term you chose (yearly or monthly). You can terminate your subscription at any time and your subscription will the expire to the end of the month or year calculated from the time your abonnement started. If there are any pending bookings by Customers, your subscription will not end before this booking is finalized and paid. If you do not terminate your subscription, it will automatically renew for another month or year, depending on your existing abonnement. You can switch your abonnement (monthly / yearly as well as Basic, Plus or Premium) at any time. A switch to Basic and a switch to Monthly of You Plus or Premium Abonnement can only take place if your original abonnement (Plus or Premium) already expired. Mixgate reserves the right to terminate the account with a notice period of four weeks if it has not been used for 3 years.
3.4 The right to terminate for cause shall remainun affected. Mixgate can terminate the subscription for cause in cases includingbut not limited to Section 3.7 or if Mixgate receives several complaints on the DJs performance or if the DJ does not answer to requests of Customers severaltimes in a row.
3.5 Depending on the search request of a Customer, Mixgate will recommend your services if there is a match. The Customer will immediately be able to communicate with you and to book your service via the MixgateService.
3.6 The price of each booking will include your costs plus a 15% service fee (“Matchmaking Fee”) for the Mixgate Service. The Service fee will need to be paid by the Customer. Hence, as a DJ you can use the Mixgate Service free of charge. If there are changes to the booking, the DJ will inform Mixgate immediately before or after the event so that the payments and the service fee can be adapted.
3.7 It is forbidden to circumvent the Mixgate Service and let the Customer make a booking outside the Mixgate Service to avoid a service fee. Any behaviour in that respect will lead to the DJ being blocked from theMixgate Service and his account will immediately be terminated for cause. Further, The DJ will need to pay a contractual penalty of EUR 1000 per case. This provision shall apply to any Customer the DJ first met on the Mixgate Service and for any further bookings this Customer makes.
3.8 The agency contract and the booking contract are stored by Mixgate, a copy is sent to the Customer and the DJ by email. In addition, the DJ can access, print, download or save the term of use at any time via the link "Terms of Use" provided on MixgateService, but always only in the current version. Older versions are not available on Mixgate Service.
3.9 The contract can only beconcluded in English.
3.10 The DJ can also order Mixgate'snewsletter on the Mixgate Service. By entering his email address and clicking the button "Order newsletter now", the DJ makes his order. The receipt of the newsletter can be cancelled at any time. The newsletter can only be ordered if the DJ already subscribed for the Mixgate Service.
4. Your Agreement with the Customer
4.1 Your agreement with the Customer will be entered intovia the Mixgate Service. Mixgate is not party to this agreement.
4.2 You are under duty to immediately answer any Customer request sent by the Mixgate Service.
4.3 You as well as the Customer are authorized to cancel any booking with at least 24 hours before the event starts. Such right to cancellation will lead to no costs and no remuneration will be paid. Cancellation by the Customer within 12 hours before the start of the event will lead to 50 % costs and less than 12 hours or no show to 100 % of the agreed remuneration.
4.4 If you cancel a Customer’s booking less than 24 hours before the event starts, you will need to refund the Customer for any higher costs he spent for an alternative DJ.
4.5 There is no ranking of DJ services shown on the Mixgate Service. Mixgate will suggest only one DJ to each Customer and per single request which will match best to the information provided by the Customer.
4.6 We will transfer the payment made by the Customer minus our 5 % Mixgate Fee to your bank account within 14 days after the event. Any tax issues in regard to payments made by Mixgate are to your sole responsibility.
5. Obligations when using Mixgate Service
5.1 You confirm to be of legal age, which means at least 18 years old. Otherwise, you will provide Mixgate with proof that your parents agree with your business activity as a DJ. At your request, Mixgate can provide you with the required document needed for these purposes.
5.2 The DJ undertakes to refrain from all actions that are likely to impair the functionality of Mixgate Service.
6. Referral Program for DJs
6.1 We invite you to recommend our services to other DJs and honor it. If you like to recommend a DJ for the Mixgate Service Mixgate will provide you with a code. If the new DJ subcribes, he simply needs to enter this code during the subscription process.
6.2 For any DJ you recommend to us and who uses your codewhen subscribing you will receive 15 % of our 5 % Mixgate Fee we demand and received for each booking of the new DJ. We will transfer this amount on the bank account you stored with Mixgate.
6.3 This commission will be paid for 3 years after the newDJ subscribed for the Mixgate Service.
7. Liability of Mixgate
7.1 Mixgate expressly assumes no liability for the content posted by the DJ and/or third parties via or on Mixgate Service.
7.2 Mixgate assumes no liability that the Mixgate Service meets the requirements of the DJ and/or is available at all times without interruption or error.
7.3 Mixgate is not responsible for the booking agreement between the DJ and the Customer and the Customer’s performance. Mixgate in particular assumes no liability for any non-payment or denial of payment by the Customer due to bad performance or other reasons. It is up to the DJ to clarify those issues directly with the Customer.
7.4 Mixgate shall be liable in the event of intent and gross negligence in accordance with the statutory provisions. In the event of slight negligence, Mixgate shall only be liable if an essential contractual obligation is breached. Essential contractual obligations are those obligations which the contract must grant to you according to its meaning and purpose or whose fulfilment enables the proper execution of the contract at all and on whose compliance the DJ may regularly rely.
7.5 In the event of liability due to slight negligence, this liability shall be limited to such damages that are foreseeable or typical at the time of conclusion of the contract. Liability for injury to life, limb or health remains unaffected, as does strict liability under law, e.g. under the Product Liability Act.
7.6 Insofar as Mixgate's liabilityis excluded or limited, this shall also apply to the personal liability of Mixgate's employees, legal representatives and vicarious agents. All limitations ofliability also apply to all statutory (including tortious) and contractualclaims resulting from the use of Mixgate Service or from the contractual relationship.
8. Final provisions
8.1 Should any clause of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The parties shall replace an invalid clause with a valid provision that comes closest to the meaning and purpose of the original clause.
8.2 Changes to these terms of use must be made in writing. This also applies if the text form should be abolished as a requirement.
8.3 All legal relationships between the DJ and Mixgate Service shall be governed by the law of the Federal Republic of Germany to the exclusion of the Convention on Contracts for the International Sale of Goods.
8.4 The place of jurisdiction is Berlin, insofar as the DJ is a merchant or has no permanent residence in the Federal Republic of Germany.
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