TERMS AND CONDITIONS FOR ARTISTS

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.

The Company provides technology-based services for facilitating on-demand photography services, users to select photographers from different locations Connect the users with photographers and buy their time by means of the Company's website and the mobile application "TTony" ("Portal"). The Services are provided by offered by third party ("ARTISTS") who wish to offer such Services through the camera equipments/photography equipments

On the basis of the representations and warranties provided by the Artist, the Company has agreed to list the photographers on the Portal to enable the Artist to provide the Services through the Portal in accordance with the terms and conditions as here in after provided ("T&Cs").


1. GENERAL COVENANTS

  1. The Company shall take the booking request and forward it to the Artist through an app-based device operating on GPS-GPRS based device installed in the phone.

  2. The Company reserves the right to discontinue or introduce any of the modes of booking Artists for providing services. At no time whatsoever shall the Artist tamper, damage, open or do anything to the data that he/she is not specifically permitted to do during the course of providing the Services.

  3. The Artist shall have the sole discretion to accept or reject each request for the Service.

  4. The Artist warrants that the information it provides to the Company is accurate and complete. The Company is entitled at all times to verify the information that has been provided.

  5. The Artist will refrain from doing anything which the Company reasonably believes to be disreputable or capable of damaging the Company's reputation and will comply with all applicable laws of the Republic of India.

  6. In relation to the Portal, the Artist agrees to:

    1. not authorize others to use his account on the Portal;

    2. not assign or otherwise transfer his account to any other person or legal entity;

    3. not use the Portal for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

    4. not use the Portal to cause nuisance, annoyance or inconvenience;

    5. not impair the proper operation of the network;

    6. not try to harm the Portal in any way whatsoever;

    7. not copy, or distribute any content on the Portal without written permission from the Company;

    8. keep secure and confidential the account password or any identification which the Company may provide to the Artist which allows access to the Portal;

    9. provide the Company with whatever proof of identity the Company may request.

    10. The Company reserves the right to immediately terminate the use of the Portal by the Artist if he does not comply with any of the above rules in Clause 1.6.


2.PAYMENT TERMS

  1. The Company has the discretion to charge any such fees from the Artist as updated on the Portal from time to time.

  2. The Company charges a convenience fee from the users for providing the Services through the ARTISTS. Further, the Artist authorizes the Company to collect the service/(“photography and videography”) fee from the users on behalf of the ARTISTS

  3. If the Fee is collected in cash by the Artist it will get adjusted against the processing fee.


3. REPRESENTATIONS AND WARRANTIES

The Artist and the Company represent that:

  1. they have all requisite power and authority to, deliver and perform the obligations imposed herein;

  2. the execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement which is applicable to each party;

  3. they have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.

The Artist hereby represents that:

  1. 1. he has the requisite authority or assignment to conduct a photoshoot and there are no restrictions with respect to the use of the equipment that will hinder the Artist from the performance of the Services using the Portal;

  2. he has all rights and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs;

  3. he shall provide the services in a courteous and professional manner as reasonably expected by a service provider providing the Services.

  4. he shall at all times during which he is undertaking the Services, maintain dress, appearance, and hygiene codes.

  5. he shall perform its obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality and integrity to be reasonably expected of an experienced and reputable provider of Services;

  6. he shall perform each assignment in the most efficient manner possible and shall make best efforts to adhere to the timelines prescribed.

  7. he shall also ensure the safety of photographs/data is not compromised at the time of delivery.

  8. he shall not consume any alcoholic beverages or any other intoxicating/banned substances prior to or during the performance of the Services.

  9. his total earnings for any given financial year do not exceed INR 40,00,000 (Rupees Forty Lakhs) and that he is an unregistered GST service provider.

  10. he covenants that he shall promptly inform the Company in case his total earnings exceeds or is expected to exceed INR 40,00,000 (Rupees Forty Lakhs) in a financial year.


4. RELATIONSHIP BETWEEN THE PARTIES

  1. Independent Contractor: The Artist shall operate as and have the status of an independent contractor. The relationship between the Company and the Artist is on a principal-to-principal basis. The Company and the Artist are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Artist. It is clarified that the Artist will not have any right to conclude any contract for and / or on the behalf of the Company.


5. ARTIST INFORMATION

  1. TTony may collect Artist Information at the time of onboarding of the ARTISTS, to establish the identity of the ARTISTS. TTony reserves the right to store, process, access and use the Artist Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as TTony may deem fit and in accordance with Applicable Law. The Artist hereby expressly consents to such collection and use of Artist Information.

  2. Subject to applicable laws, TTony may provide to a third party, governmental agency, judicial body, any Artist Information or information relating to the Artist, if there is a complaint, dispute or conflict, including any accident involving a Artist on one hand and end-consumer, or a third party on the other hand;

  3. "Artist Information" shall mean and include any personal data collected from the Artist including know your customer documents with Artist's bank, copies of valid government-issued, mobile number, bank account details,identity proof, residence proof, location data, details of equipments belonging to the Artists and any other information that TTony may deem fit;


6. CONFIDENTIALITY

  1. The Artist shall keep confidential all data including customer details, market information, all work products and documents related thereto, the contents of the Portal and shall not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of the Company, and the Artist will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the Company and shall keep it confidential at all times.

  2. The data output of the photoshoots shall be the sole property of the company and in no way it should be tampared with all sold to a third party.

  3. The data has to be kept save and stored on proper devices for the future use of the company.

  4. In any case the data must not be deleted by the Artists until the Company authorizes the Artists to do so .


7. INDEMNITY

  1. The Artist agrees to indemnify, defend and hold the Company harmless from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the Artist to perform its obligations under these T&Cs or the applicable laws in relation to performance of the Services.


8. LIMITATION OF LIABILITY

  1. The Company is not liable to the Artist, for any condition, suitability, quality, merchantability and fitness for any purposes in respect of the Portal or the services provided through the Portal and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the Portal.

  2. To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the applicable laws in respect of the use of the Portal or providing the Services; (b) of the terms of these T&Cs; or (c) of the duty of care the Artist owes to the users of the Portals.

  3. The Company is not responsible for the behaviour, actions or inactions of the Artist, quality of the Equipments. Any contract for the provision of Services is exclusively between the customer and the Artist and the Company is not a party to the same.

  4. All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this Portal is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.

  5. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Portal, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

  6. The Artist shall not do the following

    1. Sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the assignment given to him/her.

    2. modify or make derivative works based upon the Portal;

    3. create internet "links" or "frame" or "mirror" any application on any other server or wireless or internet-based device;

    4. reverse engineer or access the Portal in order to:

    5. design or build a competitive product or service,

    6. design or build a product using similar ideas, features, functions or graphics of the Portal, or

    7. copy any ideas, features, functions or graphics of the Portal, or

    8. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Portal.


9. TERM AND TERMINATION

Company is entitled to terminate the contract at all times and with immediate effect (by disabling the Artist's registration on the Portal and use of the Portal) for:

  1. Any violation or breach of any term of these T&Cs; or

  2. If the Artist, in the opinion of the Company, misuses the Portal.

  3. failure to verify or authenticate Artist Information;

  4. any action or omission by the Artist which can cause legal or contractual liability for TTony including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Photo Album Partners or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.

  5. TTony is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of Artist is detrimental to the business interest of TTony due to the acts of the ARTISTS, such as the following:

    1. Misbehavior, rude behavior with the staff of TTony, customers or any other persons associated with the TTony.

    2. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of TTony, person associated with TTony and any other persons.

    3. Concealment of fact/material information while entering into a contract with TTony. Poor & irregular for work, meetings and failure to abide by the rules/terms of the contract.

    4. Drunk while on duty and drunken behavior.

    5. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the TTony.

    6. vii)Negligence in performing the duty, causing damage of moveable and immoveable assets of TTony, its employees, customers.

    7. viii)Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to TTony's brand and its image.

    8. Indulging in acts such as creating ruckus/ strike/ or any activity against TTony, which could be detrimental to the TTony's brand and its image.

    9. Indulging in unauthorized disclosure of confidential information of TTony to external agency, person, TTony or organization.

    10. Misuse of assets provided by TTony and Starter kits, which could be detrimental to the interest of TTony's brand and its image.

    11. Failure to abide by any of the rules and guidelines given by TTony as part of service quality standards and principles.

    12. In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.

The Company is not obliged to give notice of the termination of the contract in advance.


10. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

  1. These T&Cs shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.

  2. the parties hereby submit to the exclusive jurisdiction of the courts of Patna, India.

  3. All disputes arising out of or in relation to these T&Cs shall be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute by one party to other, the parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.

  4. The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the Company.

  5. The arbitration proceedings shall be conducted in English and Hindi language only and the seat for arbitration shall be Patna, India.

  6. The award of the arbitral tribunal shall be final and binding.


11. ASSIGNMENT

The Artist may not assign its rights or obligations under these T&Cs without prior written approval of the Company.


12. AMENDMENT

These T&Cs may be amended from time to time and as and when required, at the discretion of the Company.


13. SEVERABILITYT

If any provision or any part of a provision of these T&Cs is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision shall be severed from these T&Cs and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these T&Cs shall be valid and binding and of like effect as though such provision was not included herein.


14. NOTICES

  1. The Company may give notice by means of a general notice on the Portal, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to the Artist's address on record in the Company's account information.

  2. Artist needs to send any notice on at email id: artistcare@ttony.in.

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