Terms

Article 1 – Definitions

In these general terms and conditions, the following words have the meanings shown below:

1. StreetGasm: the private limited liability company StreetGasm B.V., also operating under the names StreetGasm.com, StreetGasm2000.com, and SG2K, with its office at Reactorweg 291, 3542 AD Utrecht, registered at the Chamber of Commerce with number 59591803;
2. Consumer: the counterparty who does not act in the exercise of a trade or business (a natural person);
3. Enterprise: the counterparty who acts in the exercise of a trade or business (a legal entity);
4. Employee: the authorized person of the enterprise who creates and manages the StreetGasm account for the enterprise;
5. User: the counterparty (natural or legal person);
6. Parties: StreetGasm and user jointly;
7. Agreement: the distance contract by which the user becomes a member of StreetGasm;
8. Event: any activity organized by StreetGasm;
9. Location: any physical place where an event is held;
10. Website: the site connected to the domain www.streetgasm2000.com;
11. Content: text, graphical images, and photos to which a user may gain access or which the user may post via or on the website;
12. Service: the membership that the user concludes with StreetGasm as well as the use of a StreetGasm account;
13. General Terms: these general terms and conditions of StreetGasm.

Article 2 – Applicability

1. These general terms and conditions apply to all services, works, and legal relations between user and StreetGasm. They also apply to all content postings by the user on the website.
2. StreetGasm is entitled to change the general terms and conditions. The change will be made known to the user via the website or in another manner.
3. The general terms and conditions also apply to all agreements in which third parties are involved for their execution.
4. If any provision of these general terms is void or annulled, the remaining provisions shall remain fully in force, and the void or annulled provisions will be replaced by new lawful provisions that, as much as possible, reflect the original purpose and intent.
5. All articles listed in Part I of the general terms are fully applicable to Part II and Part III of the general terms.

Article 3 – Offer

1. All offers by StreetGasm are non-binding, unless they contain a term for acceptance.
2. An offer from StreetGasm includes an accurate and complete description of the offered service. An offer shall at least include:
   a. the price;
   b. the duration of the agreement;
   c. characteristics of the service;
   d. contact details of StreetGasm.
3. StreetGasm is not bound to offers if they contain a manifest error or misprint.
4. Prices stated in an offer are exclusive of VAT.

Article 4 – General Legal Provisions

1. StreetGasm shall make these general terms available to the user electronically before the agreement is formed, in such a way that the user can easily store them on a durable medium, except if not reasonably possible.
2. If making them available as in the preceding clause is not reasonably possible, StreetGasm shall indicate to the user how the user may view them. In such case, the user may request them at no cost, and StreetGasm shall send them electronically or by other means as soon as possible.
3. The general terms and the confirmation sent to the user form the entire legal agreement between user and StreetGasm.
4. StreetGasm has the right at all times to transfer its rights and obligations under the agreements relating to the service or website to a third party. Users will be informed of such.
5. StreetGasm may provide notices (such as changes to the general terms) by e-mail, regular mail, or via announcements within the service to the user.

Article 5 – Payment

1. Immediately after the agreement is concluded, the user receives an invoice from StreetGasm for the annual membership fee.
2. The user may pay the annual membership fee by direct debit, internet banking or bank transfer.
3. The user must pay the annual membership fee no later than the term stated in the invoice. If no payment term is stated, payment must be made within fourteen (14) days of the invoice date.
4. StreetGasm applies appropriate security measures to electronic payments.

Article 6 – Execution of the Service

1. StreetGasm will perform, carry out and organize services and events to the best of its ability and in accordance with the demands of good professional practice. This only constitutes an obligation of best effort.
2. StreetGasm is free to outsource or subcontract the performance of the service in whole or in part to one or more third parties.

Article 7 – Obligations of the User

1. The user shall not act contrary to these general terms, applicable Dutch law, or the standards of reasonable conduct in society.
2. The user may only attend an event if the user has paid the annual membership on time and in full.
3. If the user wants to participate in an event, the user must register for that event and agree to the event-specific terms and conditions.
4. StreetGasm grants the user permission to use the service in the manner laid down in these general terms. The user shall always comply with all provisions of these general terms while using the service.
5. Among other things, the user is not permitted to:
   a. assume a false identity;
   b. make unlawful statements, including racist, discriminatory or obscene statements;
   c. post content that is offensive, indecent, immoral or otherwise objectionable (at StreetGasm’s discretion);
   d. harass, threaten or otherwise annoy persons, businesses or other organizations;
   e. collect or gather personal data about other users of the website or service (including account names);
   f. offer infringing links or links to illegal or infringing materials;
   g. facilitate illegal activities or manufacturing weapons;
   h. send large quantities of email messages (spam);
   i. restrict others’ ability to use the website, service or the Internet.

Article 8 – Posted Content

1. As a user of a StreetGasm account, the user can post content. StreetGasm does not guarantee confidentiality with respect to content.
2. The user agrees to be fully responsible for all content posted and the consequences thereof. StreetGasm does not endorse content or opinions and expressly disclaims all liability.
3. The user shall not post content protected by third-party rights (e.g. copyrights, portrait rights, privacy rights) unless the user holds a license or permission to do so.
4. If StreetGasm becomes aware of possible violations of general terms, it reserves the right (but is not obliged) to decide whether content meets the content requirements; if not, StreetGasm may remove such content without prior notice at its own discretion.

Article 9 – Intellectual Property

1. Except for user-posted content, all other content within the service belongs to or is licensed by StreetGasm. All copyrights, trademarks and other intellectual property rights on content not posted by users belong to StreetGasm.
2. Copying, modifying, forwarding, displaying, or otherwise using information, data, logos, images, etc. without prior written permission from StreetGasm is not allowed.

Article 10 – Limitation of Liability

1. StreetGasm is only liable as far as indicated in this article, including for third parties engaged for the execution of the agreement.
2. Liability limitations in these general terms do not apply if damage is due to intent or gross negligence by StreetGasm or its subordinates.
3. StreetGasm is not liable in case of force majeure.
4. StreetGasm endeavors to ensure the website functions well and is permanently accessible, but does not guarantee continuous accessibility or functioning. StreetGasm is not liable for any damage caused by using the website or due to reduced or temporary functionality.
5. Liability of StreetGasm for indirect damages (including consequential damage, lost profit, missed savings, business interruption) is always excluded.
6. StreetGasm’s liability is always limited to the amount to be paid under its liability insurance in the relevant case; if the insurer does not pay or only partially pays, liability is limited to the maximum amount invoiced to the user (or that portion to which liability relates).
7. Attendance at the location, participating in the event, using the service or a StreetGasm account is at the user’s own risk.
8. StreetGasm is not liable for:
   a. damage, loss or theft of items brought by the user to the location;
   b. damage caused by another visitor of the event;
   c. bodily injury to the user attending the event;
   d. damage resulting from incorrect account information provided by the user or failure to keep password or account data secure.

General Terms for Events

Article 1 – Definitions

In these terms the following definitions apply:

1. StreetGasm: the same as before (StreetGasm B.V., Utrecht)
2. Client: the natural or legal person placing an order with StreetGasm
3. Parties: StreetGasm and client jointly
4. Agreement / Order: the agreement by which StreetGasm performs work for the client
5. Work: all acts and deliveries by StreetGasm for the client’s order
6. Event: any activity organized by StreetGasm
7. Location: physical place of the event
8. Visitor: any natural person attending or present at the event or location

Article 2 – Applicability

1. These terms apply to all offers, quotations, assignments, services, work and legal relations between StreetGasm and client. Changes require explicit, written confirmation by both parties.
2. The client’s own terms are explicitly rejected.
3. The terms also apply to agreements involving third parties.

Article 3 – Offer and Agreement

1. All offers or quotations by StreetGasm are non-binding. A quotation is valid for 14 days. If the client accepts an offer, StreetGasm has 3 days to revoke it.
2. StreetGasm is not bound to offers containing manifest error or mistake.
3. If acceptance deviates (even slightly) from the offer, StreetGasm is not bound unless it indicates otherwise.
4. Offers, quotations and prices do not automatically apply to new offers or quotes.
5. If the client does not sign the agreement or no written confirmation is sent, the agreement is formed when StreetGasm begins execution.
6. If two or more clients jointly place an order, they are jointly liable; StreetGasm may demand full performance from any of them.

Article 4 – Data and Information

1. The client must supply all information and data needed by StreetGasm, in the format, quantity, and timing required, so the event or work can proceed without delay.
2. StreetGasm may suspend performance if the client fails to supply required information.
3. The client warrants correctness, completeness and reliability of provided information, even if from third parties; unless stated otherwise, StreetGasm is not obliged to verify correctness.

Article 5 – Execution of Work

1. StreetGasm shall carry out the event/work to the best of its ability and professional standards; this is a best-effort obligation.
2. The client shall ensure that all permits, approvals, or consents needed for the event or work are obtained; StreetGasm will assist as feasible.
3. If the client fails to fulfill that, StreetGasm may dissolve the agreement and claim damages.
4. StreetGasm determines how and by whom the agreement is performed, while giving due regard to client’s stated wishes.
5. Deadlines or schedules are indicative only, unless explicitly agreed in writing.
6. StreetGasm may subcontract or delegate work to third parties.

Article 6 – Additional and Reduced Work

1. If the contract includes clearly described work, StreetGasm will only carry out additional work (“extras”) after prior agreement with the client.
2. “Additional work” is understood to mean tasks not included in the original contract, requested by the client or necessary in execution.
3. Additional or reduced work must be agreed in writing. StreetGasm is only bound to oral agreements once confirmed in writing or once it starts execution without objection.
4. Additional work is priced based on the factors applicable at the moment of execution; reduced work is calculated based on the pricing at time of contract.
5. If reduced work causes damage to StreetGasm, it may claim compensation amounting to at least 50% of the fee for the non-executed work.
6. Additional/reduced work is settled in the final account, unless otherwise agreed.

Article 7 – Cancellation

1. If the client cancels or reschedules a planned appointment less than 24 hours in advance, StreetGasm has the right to charge for the reserved time based on the agreed or customary hourly rate.
2. If the client wishes to cancel before or during execution, the following conditions apply:
   3. If the client cancels ≤ 6 months before the event, the client owes the first agreed payment. If already paid, no refund is due.
   4. If cancellation occurs between 6 and 3 months prior, client owes 50% of the total agreed fee.
   5. If cancellation is less than 3 months before, the client owes the full agreed fee.
   6. The client is liable to third parties (visitors, etc.) for consequences of cancellation, and indemnifies StreetGasm against claims from them.
   7. StreetGasm may set off any amounts paid against the client’s owed compensation.

Article 8 – Suspension and Termination

1. Upon suspension by the client, the fee for work completed and expenses incurred are immediately due and payable. StreetGasm may charge for costs during suspension and reserved hours.
2. StreetGasm may unilaterally terminate or suspend all or part of the agreement immediately if:
   a. A request for provisional suspension is filed;
   b. A bankruptcy or winding-up petition is made;
   c. Seizure is imposed;
   d. A resolution for dissolution is made.
   In such cases, client owes StreetGasm for work done up to that point.
3. The client must notify StreetGasm immediately if any event in (a)–(d) occurs.

Article 9 – Prices and Costs

1. All prices or rates in offers/quotations are exclusive of 21% VAT and any government levies and other costs (travel, admin, accommodation) unless stated otherwise.
2. StreetGasm may require one or more advance payments, even if not stated in the quote.
3. If wages/prices change after agreement but before full execution, StreetGasm may adjust the agreed rate unless differently agreed.
4. Any costs caused by additions or changes to the order (at client’s request) are borne by the client.
5. If StreetGasm suspends or terminates execution, it is entitled to full payment for services performed and costs incurred.

Article 10 – Payment

1. The following clauses apply to all payments (including advances) owed by client to StreetGasm.
2. Payments must be made without deduction, discount, or compensation, by depositing the amount in StreetGasm’s bank account (in euros, unless agreed otherwise).
3. Payment terms are set in the agreement or quote; if none, payment is due within fourteen (14) days of invoice.
4. If client fails to pay on time, it is in default by law. All StreetGasm’s claims become immediately due without notice.
5. In case of late payment, all extrajudicial and judicial costs for collection, and suspension of services, are the client’s responsibility.
6. If StreetGasm deems the client’s financial situation or payment behavior inadequate, StreetGasm may require additional security in a form chosen by StreetGasm.

Article 11 – Right of Retention

1. StreetGasm may withhold return of client’s items under its control until the client has fully paid all amounts owed under the agreement.
2. StreetGasm is not liable for any damage resulting from exercising this right of retention.

Article 12 – Intellectual Property

1. StreetGasm retains all intellectual property rights over materials, services, programs, booklets, posters, flyers and other materials used or produced in performing the event in the client’s order.
2. The client is expressly prohibited from reproducing, publishing, or exploiting such materials without permission.

Article 13 – Obligations of Client and Visitor

1. The client is obligated to inform visitors of the rules set out in the general terms.
2. The client may not act contrary to these terms, applicable laws, or norms of reasonable conduct.
3. If the event is abroad, the client must ensure visitors comply with relevant laws (speed, traffic, safety, registration, driving license, insurance, alcohol, drug rules).
4. The client must ensure that visitors are legally permitted to drive and carry valid registration.
5. The client and visitors must comply with any instructions or directions given by StreetGasm.
6. Visitors must maintain safety for themselves and others. If driving ability declines (e.g. illness, fatigue, medication, influence of substances), they may not operate any vehicle.
7. Visitors are prohibited from carrying or using hard drugs, alcohol, fireworks, (fire)arms, or other dangerous objects during the event; and may not drive under influence thereof.

Article 14 – Event Image Rights

StreetGasm has the right to record parts of the event and visitors on image media, reproduce, publish and authorize third parties to do so. StreetGasm may also modify or name persons in the imagery or use audio without entitlement to privacy or related rights by client or visitors.

Article 15 – Risk of Client

1. During execution (including event time), the client bears the risk for loss, theft or damage of client’s goods or vehicles, accidents, injuries, or other incidents of visitors.
2. Any damage to visitors due to loss, theft, accidents, injuries or other incidents is at client’s expense.
3. The client must provide adequate insurance (e.g. liability insurance, injury/death coverage, property damage insurance) and carry proof of insurance during the event.

Article 16 – Refusal of Admission

The client is responsible for visitor compliance with Article 13. StreetGasm may refuse a visitor access or remove a visitor who violates Article 13. The client fully bears the risk of resulting damages, and indemnifies StreetGasm for those.

Article 17 – Liability

StreetGasm is only liable as set forth in this article, including for third parties engaged in performing the agreement.
Liability limitations do not apply if damage is due to intent or gross negligence by StreetGasm or its subordinates.
StreetGasm is not liable in case of force majeure.
Liability is always limited to the amount paid under its liability insurance in the relevant case; if the insurer pays nothing or partially, liability is limited to the invoiced amount for the service causing the damage.
The client indemnifies StreetGasm against third-party claims in connection with the event, including claims for damage caused by visitors.

Article 18 – Force Majeure

StreetGasm is not obliged to perform any obligation if prevented by circumstances beyond its control.
During force majeure, StreetGasm may suspend obligations; if the period exceeds two months, either party may terminate without liability.
If part performance occurred, the client is obliged to pay for the performed portion, and StreetGasm may separately invoice it.
Force majeure includes all external causes (foreseen or not) beyond StreetGasm’s control that prevent its performance, including strikes at StreetGasm or third parties.