CastHive

Platform Terms & Conditions

CastHive is a digital creative talent platform that connects Clients with Models, Makeup Artists, Photographers and other creative professionals (“Talent”). CastHive facilitates the discovery, communication, coordination and booking of Talent and provides related platform services.

1. About CastHive

CastHive is a digital creative talent platform that connects Clients with Models, Makeup Artists, Photographers and other creative professionals (“Talent”). CastHive facilitates the discovery, communication, coordination and booking of Talent and provides related platform services.

Unless otherwise expressly agreed in writing, CastHive does not act as the employer, employee or exclusive agent of any Talent listed on the Platform.

CastHive is not responsible for independently performed creative services except where CastHive has expressly agreed in writing to provide such services itself.

2. Acceptance of These Terms

By accessing the CastHive website, creating an account, registering as a Client or Talent, submitting or accepting a booking, making a payment, or otherwise using the Platform, you confirm that you have read, understood and agreed to these Terms.

Where the Platform provides an “I Agree”, “Accept Terms”, checkbox, electronic signature or similar mechanism, your acceptance through that mechanism constitutes your agreement to these Terms.

These Terms apply to all users of the Platform, including Clients, Talent and other visitors or users.

3. Eligibility and User Information

Users must provide accurate and complete information when creating an account or submitting information to CastHive.

Users are responsible for keeping their information current and notifying CastHive where material information changes.

You must not create an account using false information, impersonate another person or provide information intended to mislead CastHive or another user.

CastHive may request additional information or documentation where reasonably necessary to verify a user’s identity, eligibility, professional status or suitability for the Platform.

4. Client Registration

A Client may use CastHive to discover and book Talent for creative projects, campaigns, productions, events, content creation and other approved purposes.

Clients are responsible for providing accurate information about their projects, including where applicable: nature of the project; date and time; location; expected duration; number of looks or deliverables; usage requirements; working conditions; proposed budget; special requirements; and any other material information relevant to the booking.

CastHive may request clarification before a booking is confirmed.

5. Client Booking Requests

A Client may submit a booking request for available Talent through the Platform. A booking request does not automatically constitute a confirmed booking.

A booking becomes confirmed when the applicable booking terms have been accepted and any required payment or deposit has been completed.

Once confirmed, the Client is expected to honour the agreed date, time, location, scope of work and other agreed conditions.

6. Client Payment

The Client shall pay the confirmed booking value through the payment method made available by CastHive.

The Confirmed Booking Value means the total amount agreed for the relevant Talent engagement before deduction of the CastHive Platform Fee, unless otherwise expressly stated.

CastHive shall deduct its applicable Platform Fee before remitting the remaining amount to Talent.

7. Talent Registration and Profiles

Talent may register on CastHive and create a professional profile.

Talent profiles may include photographs, videos, portfolios, measurements, experience, skills, rates, availability and other professional information. Each Talent is responsible for creating, uploading and maintaining their own portfolio and profile information on the Platform and for ensuring that all information submitted is accurate and up to date.

Talent are responsible for ensuring that they have the necessary rights and permissions to upload and submit any photographs, videos, portfolio materials or other content to CastHive.

CastHive may review, verify, approve, reject, edit, restrict or remove profile information where reasonably necessary.

Being listed on CastHive does not guarantee bookings, employment or income.

8. Talent Rates

Talent rates may vary depending on the nature of the project, duration, usage, experience, location, deliverables and other applicable factors.

The rate applicable to a booking shall be the rate communicated to and accepted by the relevant parties for that specific booking.

Where a project involves additional usage, additional hours, overtime, additional deliverables, travel or material changes to the agreed scope, additional charges may apply. Any additional charges should be agreed before the additional work or service is undertaken where reasonably practicable.

9. Platform Fee

CastHive shall charge a 15% Platform Fee on the Confirmed Booking Value for bookings facilitated through the Platform.

The Platform Fee applies to Models, Makeup Artists, Photographers and other Talent categories unless CastHive expressly communicates a different fee arrangement for a particular service, category or commercial agreement.

The Platform Fee is deducted from the Confirmed Booking Value before the remaining amount is remitted to Talent. For example, where a Client confirms a booking valued at ₦500,000:

Confirmed Booking Value₦500,000
CastHive Platform Fee (15%)₦75,000
Amount payable to Talent₦425,000

The Platform Fee covers CastHive’s facilitation and administration of bookings, including, where applicable, Talent discovery and matching, communication, scheduling, booking coordination, payment administration and related platform services.

CastHive may change its Platform Fee in the future. Any revised fee shall apply only to bookings confirmed on or after the effective date specified by CastHive in the notice communicating the revised fee, unless otherwise communicated.

10. Booking Confirmation

A booking becomes confirmed when the Client accepts the applicable booking terms and completes any required payment or deposit.

The confirmed booking may specify: Client; Talent; date; time; location; Confirmed Booking Value; scope of work; duration; deliverables; usage rights; cancellation terms; and other applicable conditions.

Once confirmed, both Client and Talent are expected to honour the booking.

11. Booking Changes

Any material change to a confirmed booking, including changes to the date, time, location, scope of work, duration, deliverables or usage, may result in a revised fee or revised booking terms.

Material changes must be communicated to the relevant parties and accepted before they become part of the confirmed booking.

12. Client Cancellation

A Client may cancel a confirmed booking subject to these Terms and the applicable Booking Agreement.

Where a Client cancels a confirmed booking within 24 hours of the scheduled booking, a cancellation charge of 10% of the Confirmed Booking Value may apply. Where the cancellation charge applies:

  • 70% of the cancellation charge shall be paid to the affected Talent as compensation for the late cancellation; and
  • 30% shall be retained by CastHive as an administrative and booking coordination fee.

For example, on a ₦500,000 confirmed booking:

Cancellation charge₦50,000
Talent compensation₦35,000
CastHive₦15,000

The remaining eligible amount shall be refunded to the Client.

CastHive may waive or modify the cancellation charge where circumstances reasonably warrant, including serious emergencies, force majeure events or other exceptional circumstances.

Where a booking has already commenced, the applicable booking fee may become non-refundable subject to the applicable Booking Agreement.

13. Talent Cancellation

Talent are expected to honour confirmed bookings.

Where Talent cannot fulfil a confirmed booking due to an emergency, illness, unforeseen circumstance or other legitimate reason, the Talent should notify CastHive as soon as reasonably possible.

Where reasonably possible, CastHive may assist the Client in finding a suitable replacement. Where no suitable replacement is available, the Client shall receive the applicable refund.

Repeated cancellations, no-shows, late cancellations or failure to honour confirmed bookings may result in restrictions, suspension or removal from the Platform.

14. Refunds

Where a refund is applicable under these Terms or the applicable Booking Agreement, CastHive will process the refund through the applicable payment method.

The timing of a refund may depend on the relevant bank, payment processor, card issuer or other third-party payment service.

Any applicable non-refundable payment-processing or transaction charges may be deducted from the refundable amount where permitted and where such charges have been disclosed.

15. Professional Conduct

Clients and Talent are expected to conduct themselves professionally during all CastHive-related interactions and engagements. Users must not:

  • harass, threaten, intimidate or abuse another user;
  • engage in discrimination or unlawful conduct;
  • engage in sexual harassment or exploitation;
  • provide materially false or misleading information;
  • impersonate another person or entity;
  • engage in fraud;
  • misuse another person’s personal information;
  • use the Platform for unlawful purposes;
  • interfere with the operation or security of the Platform; or
  • otherwise misuse CastHive or its services.

Serious misconduct may result in immediate suspension or termination.

16. Project Safety and Working Conditions

Clients are responsible for accurately communicating material working conditions and project requirements before a booking is confirmed.

Talent are responsible for communicating relevant limitations, requirements or concerns that may materially affect their ability to perform the booking.

Users should promptly report serious safety concerns, harassment, exploitation, threats or other inappropriate conduct to CastHive.

CastHive may take reasonable action in response to reported safety concerns, including suspending an account or cancelling a booking where necessary.

17. CastHive’s Role

CastHive provides a platform through which Clients and Talent can discover one another, communicate, coordinate and enter into bookings. CastHive does not guarantee that:

  • a Client will find suitable Talent;
  • Talent will receive bookings;
  • a particular Talent will be available;
  • a Client or Talent will accept a proposed booking; or
  • a booking will produce a particular commercial result.

Clients and Talent remain responsible for evaluating whether another party is suitable for a particular engagement.

18. Off-Platform Dealings

CastHive does not prohibit Clients and Talent from developing professional relationships outside the Platform.

However, users must not deliberately provide false information, misuse the Platform or otherwise manipulate a CastHive booking for the purpose of unlawfully avoiding an applicable CastHive fee connected to a confirmed booking.

19. Platform Discretion

CastHive may suspend, restrict or terminate access to the Platform where a Client or Talent:

  • repeatedly breaches these Terms;
  • repeatedly fails to honour confirmed bookings;
  • engages in misconduct;
  • provides materially false information;
  • engages in fraudulent or unlawful activity;
  • attempts to evade applicable CastHive fees;
  • compromises the safety of other users; or
  • otherwise compromises the integrity or operation of the Platform.

CastHive may take temporary action while investigating a complaint or suspected violation.

20. Platform Availability

CastHive will make reasonable efforts to maintain the availability and functionality of the Platform.

However, CastHive does not guarantee that the Platform will always be available, uninterrupted, secure or error-free.

The Platform may be temporarily unavailable because of maintenance, upgrades, technical failures, security incidents, third-party failures or circumstances beyond CastHive’s reasonable control.

21. CastHive Intellectual Property

The CastHive name, logo, branding, website, software, design, databases, text, graphics and other materials belonging to CastHive are protected by applicable intellectual property laws.

Users may not copy, reproduce, distribute, modify, sell, license, reverse engineer or commercially exploit CastHive intellectual property without permission.

22. User Content

Users retain ownership of content they independently own and submit to CastHive.

By submitting photographs, videos, portfolios, biographies, reviews or other materials to CastHive, the user grants CastHive a non-exclusive, worldwide, royalty-free licence to host, display, reproduce, format and use such content for operating, promoting, marketing and improving the Platform.

The user represents that they have the necessary rights and permissions to grant this licence. This licence does not automatically give CastHive ownership of the user’s content.

Specific commercial usage rights relating to work produced for a Client shall be governed by the applicable Booking Agreement.

23. Payment Processing

Where CastHive facilitates payments, payments shall be made using the payment methods made available through the Platform. CastHive may use third-party payment processors.

CastHive is not responsible for delays caused solely by banks, payment processors, card networks or other third-party financial service providers.

24. Taxes

Each party is responsible for its own tax obligations arising from payments received or services provided through CastHive, except where CastHive is required by law to deduct, withhold, collect or remit a tax or statutory charge.

25. Disputes Between Clients and Talent

Where a dispute arises between a Client and Talent concerning a CastHive booking, the parties should first attempt to resolve the matter directly and may contact CastHive for assistance.

CastHive may, at its discretion, facilitate communication or resolution between the parties. CastHive’s involvement in a dispute does not automatically make CastHive a party to the underlying Client–Talent service agreement.

Where a dispute cannot be resolved informally, the parties may rely on the dispute-resolution provisions contained in the applicable Booking Agreement.

26. Limitation of Liability

To the maximum extent permitted by applicable law, CastHive shall not be liable for indirect, incidental, special or consequential losses arising from the use of the Platform or from interactions or engagements between Clients and Talent.

CastHive shall not be responsible for losses arising from:

  • a user’s inaccurate information;
  • another user’s conduct or failure to perform;
  • cancellations or no-shows outside CastHive’s control;
  • unauthorised conduct by another user;
  • third-party services;
  • technical interruptions; or
  • circumstances beyond CastHive’s reasonable control.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

27. Indemnification

To the extent permitted by applicable law, a user agrees to indemnify and hold harmless CastHive, its owners, directors, officers, employees, contractors and affiliates from claims, losses, liabilities, damages, costs and expenses arising from:

  • the user’s breach of these Terms;
  • the user’s unlawful or negligent conduct;
  • violation of another person’s rights;
  • misuse of the Platform; or
  • breach of obligations arising from a Client–Talent engagement.

28. Privacy

CastHive may collect and process personal information necessary to operate the Platform, facilitate bookings, communicate with users, process payments, maintain accounts, improve services and comply with applicable legal obligations.

CastHive’s collection and processing of personal information shall be governed by the CastHive Privacy Policy.

By using the Platform, users acknowledge that their information may be processed in accordance with the Privacy Policy and applicable data-protection laws.

29. Third-Party Services

The Platform may integrate with third-party services including payment providers, hosting providers, communication tools, analytics services and other technology providers.

Third-party services may be subject to their own terms and privacy policies. CastHive is not responsible for the independent acts, omissions, policies or failures of third-party services outside its reasonable control.

30. Changes to These Terms

CastHive may update these Terms from time to time to reflect changes to the Platform, business practices, legal requirements or other circumstances.

Where changes are material, CastHive may provide reasonable notice through the Platform or another appropriate communication method.

Continued use of the Platform after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

31. Severability

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision shall be modified or removed to the minimum extent necessary, and the remaining provisions shall continue in effect.

32. Entire Agreement and Order of Precedence

These Terms, the CastHive Privacy Policy, applicable Client Terms, Talent Terms and Booking Agreement constitute the contractual framework governing the relevant user’s relationship with CastHive and the use of the Platform.

Where a specific Booking Agreement conflicts with these general Platform Terms, the specific Booking Agreement shall prevail only in relation to the subject matter of that booking and only to the extent of the inconsistency.

33. Governing Law

These Terms shall be governed by the laws of the Federal Republic of Nigeria, subject to any mandatory applicable law.

In the event of any dispute, controversy or claim arising out of or in connection with these Terms (including any dispute regarding its existence, interpretation, validity, breach or termination) (a “Dispute”), the Parties shall first seek to resolve the Dispute amicably through good faith negotiations. If the Dispute is not resolved within fourteen (14) days after written notice of the Dispute is given by one Party to the other, either Party may refer the matter to mediation.

Nothing in this Clause shall prevent either Party from seeking injunctive or other interim relief from a court of competent jurisdiction in the Federal Republic of Nigeria.

34. Contact Us

For questions, complaints, legal notices or other enquiries relating to CastHive or these Terms:

CastHive [INSERT LEGAL ENTITY NAME]
Email: [INSERT LEGAL EMAIL]
Address: [INSERT REGISTERED BUSINESS ADDRESS]

35. Electronic Acceptance

By selecting “I Agree”, checking an acceptance box, creating an account, submitting or accepting a booking, making a payment, or otherwise using the Platform where acceptance is required, the user acknowledges that they have read, understood and agreed to these Terms.

Electronic acceptance, together with the applicable account, booking and transaction records maintained by CastHive, may be retained as evidence of the user’s acceptance of these Terms.

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