General Terms & Conditions for bodalgo.com
bodalgo is an internet platform, which facilitates the procurement of voiceovers - e.g. for advertisements, voice dubbing, radio plays/audio books, computer games, phone systems, radio broadcasting, documentaries and other - to studios, audio book publishers, advertising companies, agencies, producers, broadcasting corporations and other organizations, hereinafter referred to as Contractors.
For this purpose, all registered voiceover talents may present themselves with a comprehensive profile, which may include not only a portrait photograph and voice demos, but also further information on the voiceover talent's education, references and voice profile. This profile is free of charge for the voiceover talent.
In order to make the search for voiceover talents more convenient, bodalgo also provides an automatic casting system, which compares incoming orders with the profiles of registered voiceover talents and invites all suitable candidates to submit their offers. To use this casting function, a voiceover talent must purchase a premium account for a certain fee. The use of bodalgo is completely free for contractors.
These Terms and Conditions shall be effective from March, 1st, 2008.
1. Area of application/data protection
These Terms and Conditions shall apply to all business domains of bodalgo. All services and offers by bodalgo shall be rendered exclusively based on the General Terms and Conditions. bodalgo has no control over the contents of enquiries/offers that originate from its contractors, as bodalgo only serves as the contact mediator. If an order is placed, the ensuing contract shall explicitly not be deemed to be a contract with bodalgo; any such contracts shall be concluded only between the respective contractor and the voiceover talent. The contractor/voiceover talent shall separately refer to its own General Terms and Conditions.
The data of a contractor shall only be provided to a voiceover talent if the contractor independently decides to do so, by entering into contact with the voiceover talent. Likewise, the contact data of a voiceover talent shall only be provided to the contractor/the contacting entity, if the voiceover talent decides to respond to an enquiry.
A registration in accordance with these Terms and Conditions is a prerequisite for participation in bodalgo's program. All natural persons, companies and free-lancers working as voiceover talents are eligible for participation. Underage persons may only participate in the program, if they present a declaration of consent signed by a parent or a legal guardian. bodalgo reserves the right to delete any entries without giving reasons as well as to correct erroneous entries.
The activation of premium accounts shall only take place against prepayment; premium accounts shall be activated immediately after payment for the selected period has been received.
3. Right of revocation
The voiceover talent may revoke a contractual statement in writing (e.g. via a letter, an e-mail, a fax) within 1 month without stating reasons. This period shall commence no earlier than the completion and sending of the registration. To comply with the stated revocation period, it is sufficient to dispatch the revocation notice in due time to:
info (at) bodalgo . com
The use of bodalgo shall be free of charge for contractors. As already mentioned in the preliminary notice, bodalgo's basic account is also free of charge for voiceover talents. The premium account for voiceover talents costs 19.90 EUR per month, 99 EUR for a half-year subscription and 179,00 EUR for a one-year subscription, incl. VAT. All payments shall be made exclusively through the service providers ClickandBuy and PayPal and their General Terms and Conditions shall apply for the payment process. There may be different price models temporarily available, for example for promotional purposes which are explained during the sign-up process.
If a premium account is purchased from bodalgo, the membership period shall be automatically renewed, unless the subscription is cancelled at least 7 days before the expiry date of the current subscription. NB: The premium subscription can only be cancelled through the cancellation form of the payment partner you chose when signing up for premium membership (ClickandBuy/PayPal). Please contact us if you need assistance.
Bodalgo's premium subscription may be cancelled at any time but at least 7 days before the expiry of the current subscription period. Subscriptions will then be cancelled at the end of the most recent paid period. The premium account at bodalgo will turn into a free basic account at the same time. Please contact us if you need assistance.
All voiceover talents/contractors undertake to carefully check all their data. bodalgo reserves the right to inspect all the data of a voiceover talent/contractor for its correctness. However, bodalgo is not obliged to perform such a check. The voiceover talents/contractors shall be held exclusively liable for the legality of the information provided by them. This shall apply for all offers and enquiries as well.
For the purpose of ensuring a fair and harmonic interaction between all parties, bodalgo shall not tolerate any messages in enquiries, orders or other communication via bodalgo's platform, which are incompatible with the core Christian/ethical and/or legal values of our society. Any infringements of this provision may result in an immediate deletion of the account of the respective voiceover talent/contractor.
bodalgo shall not tolerate the sending of advertising materials, regardless of their nature. For each advertising e-mail message being sent through bodalgo's contact system, the amount of 10 EUR (incl. VAT) shall be invoiced to the sender via e-mail. Messages sent through bodalgo’s communication features might be monitored to prevent spam, fraud and similar.
If a claim against bodalgo is lodged by a third party as a result of an action/omission, for which a voiceover talent or a contractor is liable in the context of above-mentioned areas of responsibility, then bodalgo, on its part, will file a claim for all the incurred losses against the respective voiceover talent/contractor.
With regard to legal regulations, bodalgo reserves the right to reject the applications of voiceover talents/contractors, for whom there is a suspision that they have infringed aforesaid rules. In this respect, bodalgo is not obliged to specify any reasons for the denial. bodalgo may also cancel the contracts of participation of any infringing parties without previous notice.
bodalgo provides no guarantees with regard to the placement of orders - neither for voiceover talents, nor for contractors. Likewise, bodalgo shall assume no liability for the actions of voiceover talents/contractors, regardless of their nature, and it may not be held liable in any way for any losses, which may directly or indirectly arise from a wrongful conduct on the part of voiceover talents/contractors. In particular, bodalgo shall not be held liable for losses resulting from the inability of a voiceover talent to complete a contract or meet a deadline. bodalgo shall not furnish any guarantees for specific results with regard to the services provided by voiceover talents. Hereby bodalgo expressly disclaims any liability arising from the contractual relationship between a voiceover talent and a contractor.
8. Profile information
The voiceover talents shall ensure that all texts, images and audio recordings provided by them do not infringe any third-party rights. The voiceover talent shall be held exclusively liable for any claims by a rights holder.
In addition, provision 6. shall apply.
9. Use of the platform
The unauthorized use of this offer or any further services provided by bodalgo is unacceptable and shall be prosecuted to the full extent of the law. Any references to goods or services of other internet-based or other providers, regardless of their commercial or private nature, are herewith prohibited.
10. Disclaimer of warranty
bodalgo shall provide no warranty for the correctness of the data published or made available by voiceover talents/contractors. Likewise, bodalgo may not be held liable for any lost or distorted data from the website forms or for other errors in the area of data communication, which are not related to bodalgo's servers. bodalgo endeavours to ensure a maximum availability of its internet services, however, it cannot guarantee permanent uninterrupted availability. Service interruptions are possible. Accordingly, any liability for losses resulting from a temporary unavailability, or an only limited availability, is disclaimed.
Any other liability of bodalgo, irrespective of legal reasons, shall be limited to the amount paid until that moment by the voiceover talent/contractor, who is demanding compensation. Any further claims for compensation shall be excluded. In particular, this includes the liability for tangible and intangible (consequential) damages, resulting from the wrong transmission of data due to an accidental error or technical reasons.
11. Liability of voiceover talents/contractors
All voiceover talents and contractors undertake to provide truthful information and they assume liability for the provided data, both towards bodalgo and towards any involved third parties, in the amount of all the losses they are responsible for, including losses resulting from the provision of wrong, false or incorrect information which is not property of the respective voiceover talent/contractor. The voiceover talents/contractors are liable for all the losses that are caused by them through the illegal dissemination of received data.
12. Liability for links
Our on-line offer includes links to external websites of third parties, beyond our control. Therefore, we cannot assume any warranty for this external information. The liability for these linked websites shall always be borne by their respective owners or operators. All linked websites have been checked for legal violations at the time of creation of the links. At the moment of linking, no illegal contents in these websites have been identified. However, a permanent control of all linked websites, without specific clues pointing to legal violations, cannot reasonably be expected. Once legal violations become known, the respective links will be immediately removed.
14. Severability clause
If any provision of these General Terms and Conditions is or becomes invalid, then it shall be replaced with the statutory regulation, which most closely reflects the business purpose of the original invalid provision. The validity of the remaining provisions shall remain unaffected. The voiceover talents/contractors shall be informed about updated versions of these General Terms and Conditions via e-mail. Every voiceover talent/contractor is entitled to object to the new version within 6 weeks of its receipt. If an objection is raised, the modified parts of the updated version shall be considered as rejected.
15. Place of jurisdiction
The court of Munich shall have jurisdiction, unless decreed otherwise by applicable law. The legal relationships between voiceover talents/contractors and bodalgo shall be exclusively regulated by the laws of the Federal Republic of Germany.
Phone: +49 (89)/76 75 82 40
E-Mail: info (at) bodalgo.com