FrameFi Terms and Conditions

Effective Date: 03/11/2024

This document outlines the Terms and Conditions for FrameFi, an online platform connecting event organizers and professional social media experts, particularly for high-energy events such as festivals, concerts, EDM parties, and corporate gatherings. The Terms and Conditions establish the rights, responsibilities, and expectations of all users—Organizers, Social Media Experts, and Guest Users—who access and interact with FrameFi's services.

1. Definitions and Platform Scope

1.1 Platform: "Platform" refers to the online and mobile application services provided by FrameFi. The Platform is designed to facilitate connections between professional service providers—videographers and social media content managers—and companies (SMEs) seeking high-quality content services. FrameFi enables seamless booking, secure payment, and efficient management of professional services for businesses. It includes features such as user profiles, service reviews, promotional tools, and dispute resolution mechanisms.

1.2 User(s)

Refers to any individual, organization, or business entity that interacts with the Platform, including but not limited to:

  • Companies (SMEs): Businesses registered on the Platform to hire professional services such as videography or social media content management. These Users represent various industries and use FrameFi for content creation needs, including product launches, advertising campaigns, corporate events, and social media management.
  • Service Providers: Professionals offering services on the Platform, categorized as:
    • Videographers: Individuals or teams specializing in creating high-quality video content, including event coverage, promotional videos, or corporate productions.
    • Social Media Content Managers (SMCMs): Professionals skilled in managing social media platforms (e.g., Instagram, LinkedIn, TikTok, Facebook) for businesses, including tasks like planning, creating, and publishing content; analytics tracking; and audience engagement.
  • Guest Users: Individuals or entities who browse the Platform without creating an account. Guest Users have limited access to Platform functionalities, such as viewing listings and reading reviews, but cannot book or provide services.

1.3 Account

"Account" refers to a unique profile created by Users upon registration on the Platform. Accounts store personal, professional, and business details, serving as the central hub for managing services, bookings, and transactions. Accounts must meet the verification requirements set by FrameFi to access all Platform features.

1.4 Booking

"Booking" refers to a legally binding agreement between a Company and a Service Provider, facilitated through the Platform. A Booking includes:

  • Details of the services requested (e.g., video production, social media management)
  • Dates, timelines, and deliverables
  • Agreed-upon fees and payment terms

A Booking is confirmed only after successful payment into FrameFi's escrow account.

1.5 Escrow Payment System

The payment structure managed by FrameFi where funds are securely held after the Company pays the full booking fee. These funds remain in escrow until the Service Provider completes the service, ensuring security for both parties.

1.6 Service Fee

The total amount due for services as agreed between the Company and the Service Provider upon booking, which includes FrameFi's commission.

1.7 Commission

FrameFi's service charge, equivalent to 30% of the total booking fee, deducted from the escrowed payment before releasing funds to the Service Provider. This fee compensates FrameFi for providing and maintaining the Platform and its services.

1.8 Verification

Two distinct verification processes:

  • Identity Verification: A process to confirm the authenticity of Users by validating personal identification, business credentials, and/or social media accounts, aimed at maintaining Platform integrity and User trust.
  • Portfolio Verification: FrameFi's process of reviewing Service Providers' portfolios and sample work to ensure quality standards align with the Platform's expectations. Verified portfolios may be marked with a "Quality Badge" on the Service Provider's profile.

1.9 Quality Badge

A designation awarded to Service Providers who meet FrameFi's standards for professionalism, quality, and reliability. This badge serves as a visible indicator of a Service Provider's successful track record on the Platform.

1.10 Profile Claim

The action taken by a Service Provider to assume ownership of a pre-generated profile on the Platform. By claiming their profile, Service Providers agree to update, manage, and maintain the accuracy of the information displayed.

1.11 Promotions and Advertisements

Paid services offered by FrameFi that allow Users, particularly Service Providers, to enhance the visibility of their profiles or services on the Platform. Options include featured listings, homepage placements, and category-specific highlights.

1.12 Cancellation Policy

The set of conditions under which either party (Company or Service Provider) may cancel a confirmed booking and the respective consequences, such as eligibility for refunds or forfeiture of fees.

1.13 Refund

Partial or full repayment of the booking fee to the Company in specific circumstances outlined by the Platform's cancellation and refund policy, such as cancellations, service quality disputes, or failure to meet expectations.

1.14 Dispute Resolution Process

FrameFi's structured method for resolving conflicts between Users. This process includes mediation by FrameFi and, if necessary, escalation to third-party arbitration to reach a fair outcome.

1.15 Third-Party Service Providers

External companies engaged by FrameFi to support functionalities like payment processing, identity verification, or data storage. These providers are contractually obligated to adhere to GDPR and other relevant legal standards.

1.16 GDPR Compliance

FrameFi's adherence to the General Data Protection Regulation (GDPR) and Dutch data privacy laws, ensuring the secure collection, storage, and processing of personal and business data.

1.17 Intellectual Property Rights

The ownership rights retained by FrameFi and/or its licensors over proprietary materials, code, branding, and trademarks associated with the Platform. Users are granted a limited, non-exclusive license to access and use the Platform.

1.18 Confidential Information

Non-public information shared between Users and FrameFi during the use of the Platform, such as personal data, booking details, payment information, and communications.

1.19 Content

All media (e.g., text, graphics, images, videos, reviews) uploaded or shared by Users on the Platform. Users warrant that their content complies with intellectual property laws and does not violate third-party rights.

1.20 Force Majeure

Events beyond the reasonable control of FrameFi or Users, such as natural disasters, strikes, or government actions, that prevent service fulfillment.

2. User Obligations and Platform Use

This section outlines the responsibilities, behavioral expectations, and obligations of all Users—Companies (SMEs), Service Providers (videographers and social media content managers), and Guest Users—when using the FrameFi Platform. By accessing and using the Platform, Users agree to comply with these obligations to ensure a secure, professional, and reliable marketplace.

2.1 Obligations for Companies (SMEs)

2.1.2 Service Requests

When making a service request or booking, Companies must:

  • Clearly outline the type of service required, including:
    • Specific deliverables (e.g., promotional videos, social media campaigns)
    • Desired timeline for project completion
    • Any special requirements or preferences (e.g., branding guidelines, video style)
  • Ensure their requirements are feasible and aligned with the Platform's guidelines

2.1.3 Timely Communication

Companies are responsible for:

  • Responding promptly to inquiries from Service Providers or FrameFi support
  • Providing clear and timely updates regarding changes to project scope, timelines, or requirements

2.2 Obligations for Service Providers

2.2.1 Account Requirements and Profile Verification

Service Providers must provide accurate and complete information upon registration. Required information includes:

  • Government-issued ID for verification.
  • Portfolio with samples that represent the quality and style of services they offer.
  • Contact information, including a verified email address and phone number.

2.2.2 Portfolio and Quality Standards

Service Providers must maintain an up-to-date portfolio that accurately represents their skills and quality. FrameFi reserves the right to review and verify portfolios, and to require updates or changes to profiles if the quality does not meet Platform standards. Service Providers agree to:

  • Update their portfolio regularly to reflect current work.
  • Display only their own original work on their profile.
  • Notify FrameFi immediately if they are unable to provide services at the displayed standard due to any reason (e.g., equipment malfunction, health issues).

2.2.3 Compliance with Event Specifications

Service Providers must perform services as outlined in the confirmed Booking details and agreed upon with the Company. This includes:

  • Arriving at the event venue punctually and with the necessary equipment.
  • Capturing the event in accordance with Company specifications, such as event highlights, preferred angles, or specific moments.
  • Following any relevant health, safety, and security regulations at the event venue.

2.2.4 Timely Delivery of Final Products

Service Providers are expected to deliver completed work, including any edits, within the agreed time frame. They must upload or share the final deliverables as specified by the Booking, ensuring they meet the quality and scope agreed upon with the Company. FrameFi reserves the right to mediate if delays are unjustified or quality issues arise.

2.2.5 Customer Service and Communication

Service Providers must communicate professionally and promptly with both Companies and FrameFi. If a Service Provider cannot meet a Booking commitment for any reason, they are required to:

  • Notify the Company and FrameFi as soon as possible.
  • Attempt to find a suitable replacement, if applicable, with FrameFi's assistance.
  • Offer a reasonable solution to any issues affecting service quality or delivery timelines.

2.2.6 Confidentiality and Respect for Privacy

Service Providers agree to respect the privacy and confidentiality of each event. Information or media obtained through the event should only be used in accordance with the Company's consent and cannot be distributed or published without permission.

2.3 Conduct Expectations for All Users

2.3.1 Professional Conduct

All Users must maintain respectful and professional conduct on the Platform and in any communications with other Users. This includes refraining from:

  • Using offensive language or engaging in discriminatory behavior.
  • Making defamatory statements or false claims about other Users.
  • Harassing or pressuring other Users regarding ratings, reviews, or feedback.

2.3.2 Accurate Information and No Misrepresentation

All information provided on the Platform, whether personal details, event descriptions, or work samples, must be accurate and truthful. Users are prohibited from:

  • Creating accounts under false identities.
  • Misrepresenting experience, skills, or past work.
  • Using another person's credentials, name, or likeness without authorization.

2.3.3 Prohibition of Direct Transactions

Users agree not to engage in direct financial transactions or agreements outside of the Platform for services that were arranged through FrameFi. Engaging in off-Platform transactions may result in suspension or termination of the User's account.

2.3.4 Confidentiality of Platform Communications

Communications and negotiations carried out on FrameFi are intended to be private and confidential. Users must not share, distribute, or publish any personal, financial, or booking information about other Users obtained through the Platform.

2.3.5 Prohibition on Circumventing FrameFi Fees

Users agree not to attempt to bypass FrameFi's commission or transaction fees. This includes, but is not limited to, entering into side agreements to avoid Platform fees or encouraging other Users to transact outside the Platform.

2.3.6 Adherence to Local Laws

Users are responsible for ensuring that their use of the Platform and participation in events complies with local laws and regulations. This includes, but is not limited to, obtaining necessary permits for public gatherings and ensuring video recordings do not infringe on privacy or copyright laws.

2.3.7 Non-Solicitation

Users may not use the Platform to solicit business for third-party services or competitors of FrameFi. This includes advertising external websites, businesses, or services that offer similar functions to FrameFi.

2.4 Violations and Consequences

2.4.1 Monitoring and Enforcement

FrameFi reserves the right to monitor User activities on the Platform for compliance with these Terms. Any violations or complaints received from other Users may lead to investigation and corrective actions.

2.4.2 Consequences of Violations

  • Warning: For minor violations, FrameFi may issue a warning to the User, specifying the nature of the breach and advising on corrective actions.
  • Account Suspension: FrameFi reserves the right to temporarily suspend a User's account in the case of repeated violations or a single severe violation (e.g., harassment, fraud).
  • Termination: For severe or repeated violations, FrameFi may permanently terminate the User's account and deny future access to the Platform.
  • Forfeiture of Earnings or Refunds: FrameFi reserves the right to withhold or refund earnings in cases where a violation significantly affects another User or the Platform's integrity.

2.4.3 Right to Appeal

Users whose accounts are subject to suspension or termination have the right to submit an appeal to FrameFi's customer support within 14 days of receiving notification. FrameFi will review appeals on a case-by-case basis and may, at its discretion, reinstate the account or modify the penalty.

2.5 Cooperation with FrameFi's Dispute Resolution Process

2.5.1 Engagement in Dispute Resolution

Users agree to cooperate fully in any dispute resolution process facilitated by FrameFi, including responding to inquiries and providing relevant documentation.

2.5.2 Good Faith Participation

Users are expected to participate in good faith during dispute resolution, with the intent to reach a fair and amicable solution. Deliberate attempts to withhold information, mislead, or obstruct the process may result in additional penalties.

3. Payment Process and Fees

3.1 Escrow System and Payment Collection

3.1.1 Booking Payment

Upon confirming a Booking, the Company will pay the total service fee (including FrameFi's 30% commission) into FrameFi's escrow account. FrameFi holds these funds securely until the job is completed and approved by the Company.

3.1.2 Role of Escrow

The escrow system protects both parties by ensuring the Company's payment is secured and the Service Provider is only paid upon successful completion of the Booking. Payment will only be released from escrow once the Company has confirmed satisfactory completion.

3.1.3 Commission Deduction

FrameFi automatically deducts a 30% commission from each Booking before disbursing the remaining amount to the Service Provider. This commission is non-refundable and applies to all successful Bookings made through the Platform.

3.1.4 Early Release of Funds

In cases where the Company requests early release of funds (for example, for partial payment before the event), the Company and Service Provider must agree in writing. FrameFi may facilitate this arrangement but is not liable for early release disputes.

3.1.5 Refunds and Payment Disputes

Funds may be held in escrow until disputes are resolved. Both parties are expected to engage in good faith during FrameFi's dispute resolution process, and FrameFi's final decision will be binding regarding any disputed payments.

3.2 Payment Processing and Compliance

3.2.1 Third-Party Payment Providers

FrameFi uses third-party providers for payment processing. Users agree to comply with the terms of these providers and acknowledge that additional fees may apply based on payment methods or currency exchange.

3.2.2 Compliance with Dutch Financial Regulations

FrameFi adheres to all applicable financial regulations, including those pertaining to holding and transferring funds. Users' rights and obligations under these laws are unaffected by their contractual obligations with FrameFi.

4. Booking Cancellations and Refund Policy

4.1 Company-Initiated Cancellations

4.1.1 Cancellation Terms

  • 7 Days or More Before the Event: Companies are eligible for a full refund, minus a fixed processing fee.
  • Within 7 Days of the Event: Cancellations within this window will result in a 50% refund. The remaining amount is released to the Service Provider in consideration of potential lost opportunities and scheduling impact.

4.1.2 Last-Minute Cancellations

Cancellations made within 24 hours of the event are non-refundable, except in documented emergencies. FrameFi may, at its discretion, mediate any exceptional cases.

4.2 Service Provider-Initiated Cancellations

4.2.1 Service Provider Cancellation Policy

Service Providers who cancel a confirmed Booking must notify FrameFi immediately. The Company will be entitled to a full refund, and FrameFi may assist in finding a replacement Service Provider where possible. Excessive cancellations by Service Providers may result in penalties or account suspension.

4.3 Refunds Based on Service Quality

4.3.1 Partial Refund Requests

If the Company believes the quality of the service does not meet agreed standards, they may request a partial refund. The request must be made within 14 days of receiving the final deliverables, and FrameFi may require supporting evidence (e.g., documentation, samples of delivered work).

4.3.2 Dispute Escalation and Resolution

If FrameFi cannot resolve a quality dispute internally, the parties may refer to third-party mediation (see Section 7 for details).

5. Data Privacy and GDPR Compliance

5.1 Compliance with GDPR

FrameFi complies with the EU's General Data Protection Regulation (GDPR) and Dutch data privacy laws. We are committed to protecting the personal data of all Users and using it strictly for Platform-related purposes.

5.2 Data Collection, Use, and Storage

  • Collected Data: FrameFi collects personal information needed for verification, transaction processing, and service improvements.
  • Use of Data: Data is used solely for verification, communication, and to enhance user experience.
  • Data Storage: Data is stored securely in compliance with GDPR, and Users have the right to request data deletion at any time.

5.3 User Rights

Users have the right to access, update, or delete their personal data by contacting FrameFi's Data Protection Officer at [Contact Email]. FrameFi will respond within the timeframes specified by GDPR.

5.4 Third-Party Data Handling

FrameFi may use third-party services (e.g., payment processors, ID verifiers) to handle certain data but ensures that all third parties comply with GDPR and protect data in line with our policies.

6. Advertising and Promotion Terms

6.1 Paid Promotional Services

FrameFi offers various promotional options for Service Providers and Companies seeking higher visibility, including:

  • Homepage Spotlight: Premium placement on the Platform's homepage.
  • Category-Specific Listings: Featured positions within specific service or event categories.
  • Short-Term and Long-Term Placements: Options include weekly listings at €50 and monthly listings at €200. Exclusive homepage spots are available at €500/month.

6.2 Transparency in Promotion

All paid promotions are clearly marked as "Sponsored" to maintain transparency.

6.3 Visibility Guarantee

FrameFi will ensure all promoted listings receive the visibility promised by their selected plan but does not guarantee specific engagement metrics, such as clicks or conversions.

7. Limitation of Liability

7.1 Limitation of Liability

Consequential damages arising from or related to the use of the Platform, including but not limited to lost profits, loss of data, loss of business opportunities, or reputational damage. FrameFi's total liability in connection with any claim arising out of or relating to these terms, Platform use, or any booking facilitated by the Platform shall not exceed the total amount of fees paid by the User to FrameFi within the twelve (12) months preceding the event giving rise to the claim.

7.2 Exclusions

This limitation of liability shall not apply to damages resulting from gross negligence, intentional misconduct, or fraud on the part of FrameFi. However, FrameFi's liability shall be limited to the extent permitted by Dutch law, and any exclusions or limitations that are invalidated by law will not apply.

7.3 No Liability for User Content or Conduct

FrameFi is not responsible for the actions, conduct, or content of other Users, including Service Providers and Companies. FrameFi does not guarantee the quality, suitability, or reliability of any User or services offered on the Platform.

7.4 Third-Party Services

FrameFi is not liable for the actions or omissions of third-party service providers, including but not limited to payment processors or verification services. Any issues with third-party services should be addressed with the provider directly.

8. Force Majeure

8.1 Events Beyond Control

FrameFi shall not be liable or responsible for any failure to perform or delay in the performance of any of its obligations under these terms if such delay or failure results from events beyond FrameFi's reasonable control, including but not limited to:

  • Acts of God, natural disasters (such as floods, earthquakes, and hurricanes), or extreme weather conditions;
  • War, terrorism, riots, civil unrest, or other forms of armed conflict;
  • Government actions, laws, or regulations, including public health restrictions and lockdowns;
  • Labor strikes, lockouts, or other industrial disputes;
  • Epidemics, pandemics, or other widespread health crises, including COVID-19 or similar events;
  • Utility failures, internet outages, cyber-attacks, or technical disruptions.

8.2 Notification of Force Majeure

In the event of a Force Majeure, FrameFi will make reasonable efforts to notify affected Users and to mitigate delays or disruptions to the extent possible. FrameFi may, at its discretion, provide options to reschedule bookings, issue partial refunds, or facilitate alternative solutions where feasible.

8.3 User Responsibility in Force Majeure

Users acknowledge that events beyond the control of FrameFi may impact service delivery. Companies and Service Providers should make independent arrangements where necessary to manage unforeseen disruptions.

9. User Review and Rating Guidelines

9.1 Review and Rating Transparency

After a completed booking, both Companies and Service Providers may leave reviews and ratings reflecting their experience. FrameFi values constructive feedback and encourages Users to provide honest, respectful, and accurate feedback based on actual interactions.

9.2 Guidelines for Reviews

Reviews must:

  • Reflect genuine experiences related to the specific booking.
  • Avoid offensive language, discrimination, harassment, or defamatory statements.
  • Be free from confidential or personally identifiable information, such as phone numbers, addresses, or financial information.

9.3 FrameFi's Right to Moderate

FrameFi reserves the right to review and, if necessary, remove or edit reviews that:

  • Violate these terms or FrameFi's community standards.
  • Include false, misleading, or manipulated information.
  • Contain inappropriate, inflammatory, or defamatory content.
  • Intentionally damage the reputation of another User without justifiable cause.

9.4 Disputing a Review

If a User believes that a review violates these guidelines, they may contact FrameFi's customer support to request an investigation. FrameFi will review the content in question and determine if it should be removed or amended based on the circumstances.

10. Platform Fees and Taxes

10.1 Fee Transparency

FrameFi clearly displays all fees, including booking and promotional fees, applicable to both Companies and Service Providers at the time of booking or purchase. Fees for services are detailed on the Platform's pricing page or within the booking confirmation process.

10.2 Commission Fees

FrameFi collects a 30% commission on all bookings completed through the Platform. This commission is deducted automatically from the total service fee before funds are released to the Service Provider.

10.3 Taxes and VAT

All prices displayed on the Platform are inclusive of VAT and any applicable taxes, where required under Dutch law. If a User's location imposes additional taxes or duties, these will be calculated and included in the final amount displayed at the time of payment. Users are solely responsible for complying with any other tax obligations applicable to their transactions or earnings.

11. Refund Procedure

11.1 General Refund Conditions

Refunds are subject to FrameFi's cancellation policy, and refund eligibility is determined based on the timing and reason for cancellation as follows:

11.1.1 Company-Initiated Cancellations:
  • More than 7 Days Before the Event: Full refund to the Company, minus a fixed processing fee.
  • Within 7 Days of the Event: 50% refund to the Company, with the remaining amount released to the Service Provider.
  • Within 24 Hours of the Event: Non-refundable except in documented emergencies (e.g., hospitalization).
11.1.2 Service Provider-Initiated Cancellations:
  • Full refund to the Company, regardless of timing.
  • Possible penalties for the Service Provider, including account suspension for repeated cancellations.

11.2 Quality-Based Refunds

If a Company believes the delivered work does not meet the agreed-upon quality standards, they may request a partial or full refund within 14 days of delivery. The process includes:

  • Submission of detailed explanation and supporting evidence.
  • Review by FrameFi's quality assurance team.
  • Opportunity for the Service Provider to address concerns or provide revisions.
  • Final decision by FrameFi regarding refund amount.

11.3 Processing Time and Method

Approved refunds are processed within 5-10 business days and returned to the original payment method. Processing times may vary depending on the payment provider and banking institutions involved.

12. Intellectual Property Rights

12.1 Platform Content and Ownership

All intellectual property rights in the Platform, including but not limited to software, design, logos, content, and functionality, are owned by or licensed to FrameFi. Users are granted a limited, non-exclusive license to use the Platform in accordance with these terms.

12.2 User-Generated Content

Users retain ownership of their original content but grant FrameFi a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content for Platform purposes. This includes:

  • Portfolio samples and work examples
  • Reviews and ratings
  • Profile information and descriptions

12.3 Content Restrictions

Users must ensure their content:

  • Does not infringe on third-party intellectual property rights
  • Complies with all applicable laws and regulations
  • Adheres to FrameFi's content guidelines and community standards

13. Dispute Resolution

13.1 General Principles

All disputes between Users or between Users and FrameFi shall be resolved according to these terms and Dutch law. Users agree to attempt resolution through FrameFi's internal dispute resolution process before pursuing external legal remedies.

13.2 Internal Resolution Process

The internal dispute resolution process includes:

  • Initial review by FrameFi's support team
  • Collection of evidence and statements from all parties
  • Mediation by FrameFi's dispute resolution specialists
  • Final decision and implementation of resolution

13.3 External Resolution

If internal resolution is unsuccessful, disputes may be referred to:

  • Independent mediation services
  • Dutch courts with jurisdiction over the matter
  • Relevant regulatory authorities where applicable

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