Dreamgrams Terms and Conditions

These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (“you” or “your”) and Dream Talent Connections T/A Dreamgrams (“Dreamgrams”, “we”, “us”, or “our”) governing your use of Dreamgrams’ website www.dreamgrams.co.uk (the “Site”) and related services, information, and communications (collectively, the “Platform”).

1. The Platform

A. Online Marketplace

The Platform serves as an online marketplace connecting Clients and Performers:

• Clients are individuals or businesses seeking Performers for short-term services (“Services”).
• Performers are individuals offering Services to Clients.
• Collectively, Clients and Performers are referred to as “Users.”

Registration Requirements

• Clients must provide their name, email address, and telephone number. When booking, they must specify the address where the Service will take place.
• Performers must:
  • Operate as independent contractors.
  • Provide their own tools, equipment, and costumes.
  • Maintain appropriate insurance coverage.

Independence of Performers

• Performers set their rates without deductions by Dreamgrams.
• Performers are free to:
  • Maintain independent client relationships.
  • Offer Services outside the Platform.
  • Accept or reject Clients and Service Agreements.

Vetting and Background Checks

Any vetting or background checks conducted by Dreamgrams are limited to registration processes or specific criteria and do not guarantee a Performer’s qualifications. Clients are responsible for evaluating Performers and ensuring they meet their needs.

Insurance Verification

Performers are solely responsible for obtaining and maintaining valid Public Liability Insurance (PLI) as required by law. Dreamgrams does not verify the existence or adequacy of such insurance and accepts no liability arising from a Performer’s failure to maintain appropriate coverage.

Indemnification Clause

By using the Platform, both Performers and Clients agree to indemnify, defend, and hold harmless Dreamgrams, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising from:

• Any breach of these Terms.
• Any dispute between Performers and Clients.
• Any act, omission, or negligence of Performers during the provision of services.

B. Dreamgrams’ Role

Dreamgrams acts solely as a marketplace and is not an employer or agency. Specifically, Dreamgrams does not:

• Perform Services.
• Supervise or control Performers’ work.
• Provide tools, supplies, or costumes to Performers.

Dreamgrams assumes no responsibility for:

• The quality, timing, legality, or failure to provide Services.
• Payment or tax obligations, including VAT or National Insurance. Performers are solely responsible for their tax and social contribution compliance.

2. User Requirements

A. Registration

To use the Platform, you must create an account with accurate information, including your name, email address, and telephone number. Failure to provide updated information may result in restricted access.

B. Account Security

Users are responsible for maintaining the confidentiality of login details. Notify Dreamgrams immediately of any unauthorized account use.

C. Performer Requirements

• Be at least 18 years old.
• Operate as independent contractors.
• Provide their own tools, equipment, and costumes.
• Maintain appropriate insurance coverage.
• Obtain any required licenses or permits.

3. Service Agreement

The Platform allows Clients to:

• Check availability and select a Performer.
• Pay the Platform fee to receive the Performer’s contact details.

Booking Process

• The total price includes the Performer’s fee, the Platform fee, and a booking fee.
• Clients and Performers are responsible for arranging payment of the Performer’s fee directly.

Dreamgrams’ Disclaimer

Dreamgrams does not guarantee or make assurances regarding the quality, safety, suitability, or legality of services provided by Performers. The Platform merely facilitates introductions, and any reliance on Performers or their services is at the Client’s sole discretion and risk.

4. Fees, Billing, and Payment

• Platform and booking fees are paid at the time of booking and are non-refundable except in cases of demonstrable error on the part of Dreamgrams.
• Refunds for services provided by Performers are subject to the agreement between the Client and the Performer.
• Performers’ fees are paid directly to Performers on the day of the Service.

5. Dispute Resolution

Any disputes arising from or related to the use of the Platform shall be resolved through binding arbitration under UK law. Both Performers and Clients waive the right to pursue claims through court proceedings unless required by law.

6. User Content and Feedback

You may provide information, content, and materials on the Platform, including reviews and ratings of Performers. Dreamgrams does not control or verify User-generated content and is not responsible for it. You are solely responsible for your content and grant Dreamgrams a license to use it.

6.1 Use of Uploaded Images

By uploading images to the Dreamgrams platform, you grant Dreamgrams a non-exclusive, royalty-free, worldwide license to use, reproduce, and display these images for promotional purposes. This includes, but is not limited to, use on our website, social media channels, and other marketing materials. If you wish to opt out of this use, please contact us to discuss your preferences.

7. Limitation of Liability

To the fullest extent permitted by law, Dreamgrams is not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of the Platform, even if Dreamgrams has been advised of the possibility of such damages. Dreamgrams’ total liability to you for any claim arising under these Terms is limited to the amount of fees paid to Dreamgrams by you in the preceding six months.

8. Force Majeure

Dreamgrams shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, strikes, or failure of third-party service providers.

9. Intellectual Property

The Platform and all content available on it, including trademarks and logos, are owned by Dreamgrams. You may not use any content without our prior written consent.

10. Termination

You may terminate your account at any time by ceasing all use of the Platform. Dreamgrams may terminate your account if you breach any part of these Terms.

11. Client Responsibilities and Obligations

• Accurate Information: Provide complete and accurate booking details, including the Service location.
• Cancellation Policy: Fees, including but not limited to deposits and booking fees, are non-refundable and non-transferable.
• Changes to Booking Details: Clients must contact Performers directly to adjust booking details. Dreamgrams is not responsible for facilitating changes.

12. Performer Conduct and Obligations

• Profile Accuracy: Performers must keep profiles accurate and up to date, including bio, location, and pricing.
• Timely Communication: Performers must confirm availability promptly upon receiving booking enquiries.
• Client Engagement: Performers must contact Clients within 24 hours of booking confirmation.
• Good Faith Bookings: Subcontracting or transferring bookings without explicit consent is prohibited.
• Honouring Prices: Performers must honour prices confirmed during booking.
• Professional Standards: Perform Services professionally and respectfully as agreed.

13. Compliance with Laws

Performers agree to comply with all relevant laws, regulations, and licensing requirements in the provision of their services. Dreamgrams shall not be held liable for any non-compliance by Performers.

14. Jurisdiction and Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. User Conduct

Users of the Platform agree to conduct themselves professionally and respectfully. This includes treating all other users with courtesy, avoiding abusive or threatening language, and refraining from any behaviour that could be considered harassment or inappropriate. Failure to adhere to these standards may result in termination of access to the Platform. Dreamgrams reserves the right to terminate access to the Platform for behaviour deemed abusive, threatening, or otherwise inappropriate.

16. Contact Information

Dream Talent Connections T/A Dreamgrams
28 Broad Street, Wokingham, Berkshire, RG40 1AB

www.dreamgrams.co.uk

If you have any questions about these Terms, please contact us via the contact details provided on the Platform.