Terms & Conditions
1. General Provisions
These Terms and Conditions ("Terms") govern the use of the website and services provided by topgirlsbangkok.com ("the Agency", "we", "our"), registered at the Dutch Chamber of Commerce with its registered office at Herengracht 420, 1017 BZ Amsterdam, the Netherlands.
By accessing our website or engaging our services, you ("the Client") agree to be bound by these Terms. These Terms are governed by Dutch law and supersede any prior agreements or communications.
2. Definitions
- "Agency" refers to topgirlsbangkok.com
- "Client" refers to any individual, company, or organization that engages the Agency's services.
- "Talent" refers to models, hosts, brand ambassadors, and other individuals represented by or sourced through the Agency.
- "Booking" refers to any confirmed engagement of Talent through the Agency.
- "Project" refers to the scope of work agreed upon between the Client and the Agency.
- "Deliverables" refers to any materials, images, or content produced as part of a Project.
3. Services
The Agency provides talent management, model booking, creative direction, event staffing, and related services as described on our website and in individual project agreements. All services are subject to availability and the specific terms of each booking confirmation.
4. Bookings and Confirmations
4.1. All bookings must be confirmed in writing (email is sufficient) by both the Client and the Agency.
4.2. A booking is considered confirmed upon receipt of a signed booking confirmation or written acceptance and, where applicable, payment of the agreed deposit.
4.3. The Agency reserves the right to decline any booking at its sole discretion.
4.4. Specific requirements (location, wardrobe, usage rights, etc.) must be communicated at the time of booking. Changes after confirmation may incur additional costs.
5. Pricing and Payment
5.1. All prices listed on our website are in Euros (€) and exclude 21% BTW (Dutch VAT) unless otherwise stated.
5.2. Custom quotes are valid for 30 days from the date of issuance.
5.3. A deposit of 50% of the total project fee is required upon booking confirmation. The remaining balance is due within 14 days of project completion.
5.4. Payment shall be made by bank transfer to the Agency's account as specified on the invoice.
5.5. In case of late payment, the Agency reserves the right to charge statutory commercial interest (wettelijke handelsrente) in accordance with Article 6:119a of the Dutch Civil Code, plus reasonable collection costs.
5.6. All invoices are payable in Euros. Exchange rate risks for international clients are borne by the Client.
6. Cancellation Policy
6.1. Cancellations must be communicated in writing to the Agency.
6.2. The following cancellation fees apply:
- More than 7 days before the booking date: Full refund of deposit
- 3-7 days before the booking date: 50% of the total project fee
- Less than 72 hours before the booking date: 100% of the total project fee
6.3. Rescheduling is permitted free of charge if requested at least 5 working days before the booking date, subject to Talent and venue availability.
6.4. In the event of force majeure (as defined in Article 6:75 of the Dutch Civil Code), neither party shall be liable for cancellation. The Agency will make reasonable efforts to reschedule at no additional cost.
7. Usage Rights and Intellectual Property
7.1. All intellectual property rights in Deliverables produced by the Agency or its Talent remain the property of the Agency unless explicitly transferred in writing.
7.2. Standard bookings include a non-exclusive license for digital usage of Deliverables for a period of 12 months from the date of delivery.
7.3. Extended usage rights, exclusivity, buyout, or third-party licensing must be agreed upon in writing and may incur additional fees.
7.4. The Client may not sublicense, resell, or distribute Deliverables beyond the agreed usage rights without prior written consent.
7.5. The Agency and Talent retain the right to use Deliverables for portfolio and promotional purposes unless otherwise agreed.
8. Talent Conduct and Client Obligations
8.1. The Agency ensures that all Talent will conduct themselves professionally and arrive prepared for the agreed engagement.
8.2. The Client shall provide a safe, professional working environment for all Talent. Any harassment, discrimination, or unsafe conditions will result in immediate termination of the engagement without refund.
8.3. The Client shall not contact Talent directly to arrange bookings outside of the Agency. Any such arrangements constitute a breach of these Terms and the Client shall be liable for a penalty equal to 200% of the standard booking fee.
9. Liability
9.1. The Agency's total liability for any claim arising from or related to its services shall not exceed the total fees paid by the Client for the specific booking giving rise to the claim.
9.2. The Agency shall not be liable for indirect, consequential, or incidental damages, including but not limited to loss of profit, loss of data, or reputational damage.
9.3. The Agency is not liable for any delays or failures caused by circumstances beyond its reasonable control, including but not limited to illness of Talent, transportation disruptions, weather conditions, or government restrictions.
9.4. Any claim must be submitted in writing within 30 days of the event giving rise to the claim. Claims submitted after this period shall be considered waived.
10. Confidentiality
Both parties agree to keep confidential all non-public information received from the other party in connection with a booking or project, including pricing, creative concepts, and business strategies. This obligation survives the termination of any agreement between the parties.
11. Dispute Resolution
11.1. These Terms are governed by and construed in accordance with the laws of the Netherlands.
11.2. Any disputes arising from or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation.
11.3. If negotiation fails, disputes shall be submitted to the competent court in Amsterdam (Rechtbank Amsterdam).
11.4. The Dutch text of these Terms shall prevail in case of any discrepancy with translations.
12. Website Terms of Use
12.1. The content of our website is provided for general information purposes only and does not constitute a binding offer.
12.2. We make reasonable efforts to keep website content accurate and up to date but make no warranties regarding completeness or accuracy.
12.3. Unauthorized use of this website may give rise to a claim for damages and/or constitute a criminal offense.
13. Amendments
The Agency reserves the right to amend these Terms at any time. Amended Terms become effective upon publication on our website. Continued use of our services after publication constitutes acceptance of the amended Terms. Material changes will be communicated to active Clients by email.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable by a competent court, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.
15. Contact
For questions about these Terms and Conditions, please contact:
topgirlsbangkok.com
Email: [email protected]