Terms and Conditions - Upcomin LTD

By accessing or using the Upcomin platform, you agree to comply with and be bound by the following Terms and Conditions. Please read these Terms and Conditions carefully before using our services.

1. Definitions
  a. "Upcomin" refers to the platform operated by our company.
  b. "Platform" refers to the Upcomin website, mobile application, or any other interface provided by Upcomin for accessing our services.
  c. "User" refers to any individual or entity who accesses or uses the Upcomin platform.
  d. "Artist" refers to any artist seeking services.
  e. "Music professional" refers to A&Rs, artist managers, or any other individual offering their services on the Upcomin platform.
  f. "Task" refers to a specific job or project posted by an artist seeking collaboration.
  g. "Commission" refers to the fee charged by Upcomin for facilitating the collaboration and transaction between artists and music professionals, which amounts to 17% of the total agreed compensation.

2. Account Registration
  a. To use the Upcomin platform, you must create an account by providing accurate and complete information.
  b. You are responsible for maintaining the confidentiality of your account information and agree to accept responsibility for all activities that occur under your account.
  c. You must be at least 18 years old to create an account on Upcomin.

3. Artist and Music Professional Interaction
  a. Upcomin provides a platform for artists to post tasks and for music professionals to offer their services.
  b. Artists can browse and select music professionals based on their skills, experience, and availability.
  c. Music professionals can review tasks posted by artists and submit proposals or express their interest.
  d. The final decision to collaborate and the terms of the collaboration lie solely with the artist and the selected music professional.
  e. Upcomin does not guarantee the availability, performance, or quality of the music professionals' services or the outcome of any collaboration.

4. Commission
  a. Upcomin charges a commission of 17% on the total compensation agreed upon between the artist and the music professional for each task.
  b. The commission is automatically deducted from the total compensation before processing the payment.
  c. Upcomin reserves the right to revise the commission percentage with prior notice.

5. Payments
  a. Upcomin facilitates the payment process by providing secure payment gateways.
  b. The artist agrees to make the full payment for the services provided by the music professional through the Upcomin platform.
  c. Upcomin will transfer the funds to the music professional's designated account after deducting the commission.
  d. Upcomin may withhold or refund payments in the event of a dispute or violation of these Terms and Conditions.

6. User Obligations
  a. Users agree to use the Upcomin platform in compliance with all applicable laws and regulations.
  b. Users shall not engage in any fraudulent, abusive, or illegal activities while using the platform.
  c. Users are responsible for maintaining the confidentiality of their login credentials and ensuring the security of their accounts.

7. Limitation of Liability
  a. Upcomin is not liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with the use of our platform.
  b. Upcomin does not guarantee the accuracy, reliability, or completeness of any information users provide.

8. Music Professional Obligations
  a. Music professionals agree to provide their services to artists in a professional and timely manner.
  b. Music professionals shall maintain open and clear communication with artists throughout the collaboration process.
  c. Music professionals represent and warrant that they have the necessary skills, qualifications, and rights to provide the services offered on the Upcomin platform.

9. Task Proposals and Acceptance
  a. Music professionals may submit task proposals or express their interest in collaborating with artists on specific tasks.
  b. By submitting a proposal, music professionals confirm their availability and intention to undertake the task if selected by the artist.
  c. Music professionals understand that the final decision to accept or reject their proposal lies solely with the artist.

10. Compensation and Disbursement
   a. Music professionals agree to the compensation amount specified in the task details or as mutually agreed upon with the artist.
   b. Music professionals authorize Upcomin to deduct the commission, processing fee and payout fee (17%) from the total compensation before processing the payment.
   c. Music professionals understand and acknowledge that Upcomin will disburse the remaining amount to their designated account upon successful completion of the task.

11. Professional Conduct
   a. Music professionals shall conduct themselves professionally and ethically when interacting with artists on the Upcomin platform.
   b. Music professionals shall not engage in any discriminatory, offensive, or inappropriate behavior during collaborations.
   c. Music professionals shall respect the intellectual property rights of artists and not infringe upon any copyrights or trademarks.

12. Reviews and Ratings
   a. After completion of a task, artists have the option to provide feedback, ratings, and reviews about the music professional's performance.
   b. Music professionals understand that their ratings and reviews may be publicly visible on the Upcomin platform and may impact their reputation.

13. Termination of Collaboration
   a. Both artists and music professionals have the right to terminate a collaboration if either party fails to meet their obligations or violates these Terms and Conditions.
   b. In the event of a termination, artists and music professionals agree to resolve any outstanding issues or disputes in a fair and amicable manner.

14. Independent Contractors
   a. Music professionals acknowledge and agree that their relationship with Upcomin is that of an independent contractor and not an employee, agent, or partner.
   b. Music professionals are solely responsible for any taxes, fees, or obligations arising from their earnings through the Upcomin platform.

15. Non-Solicitation
   a. Music professionals acknowledge and agree that any artist they are introduced to through the Upcomin platform is considered a valuable connection facilitated by Upcomin.
   b. Music professionals shall not directly or indirectly solicit, contact, or engage in any business transactions with artists they were introduced to through Upcomin, outside the platform, for a period of 6 months following the last collaboration facilitated by Upcomin.
   c. This non-solicitation clause applies regardless of whether the artist initiated contact with the music professional outside of Upcomin.
   d. Violation of this non-solicitation clause may result in termination of the music professional's account on Upcomin and may subject them to legal action and potential damages.

16. Money-Back Guarantee
a. Upcomin provides a money-back guarantee to artists if the music professional fails to complete a task to the pre-agreed standards.
b. If an artist is dissatisfied with the services provided by a music professional and believes that the task was not completed according to the pre-agreed standards, they must notify Upcomin within 3 days of task completion.
c. Upcomin will review the complaint and assess the validity of the claim based on the pre-agreed standards and any supporting evidence provided by the artist.
d. If Upcomin determines that the music professional did not meet the pre-agreed standards, Upcomin will refund the artist the amount paid for the task, excluding the commission.
e. The money-back guarantee is subject to the artist providing accurate and truthful information regarding the task and the reasons for their dissatisfaction.
f. Upcomin's decision regarding the money-back guarantee is final and binding.

17. Governing Law and Jurisdiction
   a. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom.
   b. Any disputes arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the courts of the United Kingdom.