If you are a provider of Entertainment services on this platform and if you use the ‘payment (billing), ICT hosting and marketing services’ provided by (hereinafter: SNV )please consult this Performer’s Agreement.
This Performer’s Agreement describes the general terms & conditions that apply when you offer and sell your services on an SNV technical Platform or if you use the services provided by SNV, namely:
A. ICT Hosting Service and Marketing Service (Electronic Services)
B. SNV Payment Service (Billing)
This Agreement constitutes a legally valid contract determining the relationship between you, as the Performer, and SNV.
Before you can offer and sell your services on the SNV technical Platform you need to carefully read and accept all the conditions and stipulations of this Performer’s Agreement, including the documents and policy rules that are part of the Agreement.
1.1 This Agreement replaces all previous agreements between the Performer and SNV with respect to the SNV technical Platforms and the available ‘payment (billing), ICT Hosting and Marketing Services’ offered by SNV.
1.2 In the case of questions about this Agreement the Performer can consult the FAQ page (Frequently Asked Questions) or contact SNV via the online contact form of SNV.
1.3 SNV has the right to make changes to the Performer’s Agreement. SNV will notify the Performer of such changes by means of placing the new, amended Performer’s Agreement on the SNV technical Platform, by means of an e-mail to the registered Performer upon request, or by other means. Changes will take effect 14 days after being announced, or at another time if this is stipulated in the notification. If the Performer is unable to agree with the changes the Performer’s Agreement will terminate.
2.1 SNV refers to registered with the Chamber of Commerce under number 122760, with its offices at , E-Commerce Park Vredenberg, unit 23, Willemstad, Curacao and to the companies and Partners affiliated with
2.2 Performer’s Agreement: these general terms & conditions that apply to the Performer.
2.3 Effective Date: the date on which the Performer accepts this Agreement.
2.4 User: a person who purchases Webcam Entertainment Services from the Performer via a Website connected to the technical platform of SNV and who may or may not use the SNV Payment Service (E-Wallet).
2.5 User Account: the User’s personal registration on the SNV technical Platform.
2.6 Performer: a natural person who offers Webcam Entertainment Services to a User on an SNV technical Platform. Wherever the word ‘Performer’ is used this may also be read as ‘you’
2.7 Performer’s Account: the Performer’s personal registration on the SNV technical Platform and/or the web page of the Performer on the SNV technical Platform containing the information of the Performer and the Performer’s Payment Account.
2.8 Your Information: all the information you, as a Performer, put on the SNV technical Platform and/or on the Performer’s Account, including registration details, pictures, videos, feedback and all other communications.
2.9 Performer’s Profile: the full personal and physical description of the Performer.
2.10 Performer’s Name: the name under which the Performer is registered on the SNV technical Platform. Also the name that, in combination with the personal password, gives access to the Performer’s Account.
2.11 Website: A website linked to the technical platform of SNV.
2.12 Hosting: making space available for the placing of information and offering and providing services to the Performer on servers in a secure environment (data centre) in return for payment.
2.13 ICT, Hosting and Marketing: the services SNV provides to the Performer, jointly referred to as Electronical Services.
2.14 ISP: a technical IT platform enabling online publication and distribution of the information and services provided and offered by the Performer in the Performer’s Account via its servers on the Internet.
2.15 Payment Instruction: the authorisation the User gives SNV to deduct the payment of the Performers Fees from the virtual balance in the User’s E-Wallet; this amount is automatically and instantly credited to the Payment Account in the Performer’s Account.
2.16 E-Wallet: virtual balance registered by SNV upon transfer of funds by the User. The User’s E-Wallet is stored in the SNV computer system. The E-Wallet is not an account but a virtual balance. All funds still available in the E-Wallet are owned by the User.
2.17 Webcam Entertainment Service: a service offered and sold by a Performer to a User.
2.18 SNV Payment Service: the crediting of the Performer’s Payment Account by deducting an equal amount from the User’s E-Wallet, for payment of the entertainment services the Performer has provided and sold to the User.
2.19 Billing Fees: the fees SNV charges to the Performers for the SNV Payment Service.
2.20 Financing Transaction: the transaction by which the User deposits funds into his/her virtual balance (E-Wallet).
2.21 Login Details: the combination of Username and password SNV provides to the Performer for accessing the personal Performer’s Account.
2.22 Payment Account: the Performer’s personal current account with SNV, to which SNV credits the Performers Fees..
2.23 Transaction Fees: the costs associated with the Payment Transaction.
2.24 Payment Transaction: the transfer of funds from the Performer's Payment Account into a personal account of the Performer.
2.25 Payment Day: the 1st or 16th day of each calendar month. If this day falls on a Saturday, Sunday or public holiday in Curaçao, the Payment Day will be the next working day.
2.26 Reservation Requirement: the amount that SNV reserves temporarily in accordance with the Performer’s Agreement to cover possible payment cancellations by Users.
2.27 Performer’s Fees: the fees due by the User to the Performer for the purchase of the Webcam Entertainment Services by the User from the Performer.
2.28 Electronical Fees: the fees due by the Performer to SNV for the providing of the Electronical Services.
2.29 Affiliates: third parties with whom AC Webconnecting NV has concluded agreements to provide and offer marketing services to the Performers.
3.1 The Performer must be a person who is legally competent and authorised to sign binding agreements and must be at least 18. If the legislation in the country of the Performer differs from this rule the Performer must be at least 21.
3.2 The Performer cannot be a person whose Performer’s Account has been temporarily or permanently suspended for legal reason.
4.1 In order to complete the registration the Performer will select a Performer’s name and password.
4.2 The Performer is personally responsible for all actions involving the Performer’s name and password. The Performer can only access the SNV technical Platform with the personal Performer’s name and password.
4.3 The Performer’s Agreement takes effect on the date the Performer registers and accepts the Performer’s Agreement (Effective Date).
5.1 SNV acts exclusively as a technical platform that enables the Performer to offer, provide and sell its Webcam Services anonymously and enables the User to purchase Webcam Entertainment Services anonymously directly from the Performer.
5.2 SNV does not check or monitor the services provided by the Performer and SNV is in no way involved in the services provided by the Performer.
5.3 SNV acts exclusively as a service provider. SNV only hosts the content of the information and services provided and offered in the Performer’s Account (Performer’s Information) and the information put in the User Account by the User on a technical IT platform (ISP) for online publication and distribution via its servers on the Internet and via the sites connected to the technical platform of SNV (SNV Technical Platform).
5.4 SNV has no control over the quality, safety or legality of the Webcam Entertainment Services offered and sold by the Performer, the Performer’s competence to offer and sell the Webcam EntertainmentServices and the User’s competence to purchase the Webcam Entertainment Services. SNV does not guarantee the Performer that the User will pay for the purchased service and SNV does not guarantee the User that the Performer will provide the Webcam Services to the User.
6.1 SNV on the one hand and the Performer on the other are independent parties; each party acts only in its own name and on its own behalf.
6.2 It is not the purpose of this Performer’s Agreement to establish an agency, mandate ship, partnership, joint venture or any other form of collaboration, an employer-employee relationship or a franchisor-franchisee relationship. The Performer’s Agreement consequently does not create any of the above.
7.1 Only a registered Performer can offer and sell his Webcam Entertainment Services on the SNV Technical Platform.
7.2 The Performer is responsible for the choice of classification under which the Webcam Entertainment Services are offered.
7.3 Actions and transactions are not approved and/or validated by SNV. The Performer is personally responsible for the legality of his/her actions and offered Webcam Services..
7.4 The Performer determines the price of the offered Webcam Services.
7.5 You are supplying entertainment services to your customers. If you and the User are based in the EU article 54 of the EU VAT Directive 2006/112 is applicable. SNV is a service provider and supplies you financial services and electronic services. If you are based in the EU article 44 and article 196 of the EU VAT Directive 2006/112 is applicable.
7.6 By selling your services via the SNV platform you are considered to be an entrepreneur. Depending on the applicable rules of your country of residence, you may or may not be obliged to charge VAT over your services rendered to your clients. We advise you to consult your local accountant to inform yourself about your particular VAT status in this respect. If your services are subject to VAT, you are personally responsible for your VAT declarations in this respect.
8.1 There is no charge for registering as a Performer.
8.2 In connection with the sale of the Webcam Services by the Performer to the User, SNV provides to the Performer :
SNV Payment Service (Billing)
8.3 The amount of the Payment Transaction is based on a range between 40% and 50% of the turnover of the Performer. The remaining amounts of the Performers Fee are retained by SNV to cover (1) the payment of the invoices of SNV due by the Performer for the Electronical Services (between 32% and 42%), which amount represents the Electronical Fees and (2) the Billing Fees (fixed at 18%).
In case the Marketing Services are been provided by an Affiliate under a contract in this respect with AC Webconnecting NV, SNV will on behalf of AC Webconnecting NV retain from the Performers Fee the fee of that Affiliate . The Performer has the right to download at any time from his Personal Performer Account the invoices which have been paid by retaining amounts from the Performers Fees as set out above.
8.4 When transferring amounts from the Payment Account to the Performer's (personal) account SNV doesn't charge any Transaction Fee in case of use of XLC card, or SEPA wire. In all other cases SNV will charge transaction fee.
8.5 SNV is entitled to change the fees the Performer is due to SNV that is the fees for the
Electronic Services and/or the fees for the SNV Payment Service and/or the Transaction Fees.. Changes will take effect 14 days after the change has been announced on the SNV Technical Platform, unless stipulated otherwise. If, in the 14 days after this change, the Performer notifies SNV that he/she does not accept the changes in question the Performer's Agreement and the right to use the Electronical and Billing Services services will terminate immediately upon receipt of this notification.
9.1 The Performer is obliged to provide complete, up-to-date and correct registration information and information about his/her (personal) account and to update this information on a regular basis to keep it current and correct.
9.2 The Performer agrees that:
a. the sale of the Performer's Webcam Services constitutes a transaction between the Performer and the User; SNV is not a party to this sale.
b. SNV is not responsible for and has no influence on the completion or the payment of the Performer’s Fee for the Webcam Services purchased by the User.
9.3 If a Financing Transaction is reversed for whatever reason (cancellation) SNV is entitled to recover the payment from the Performer by debiting the previously credited amount back from the Performer's Payment Account.
9.4 SNV has a Reservation Requirement of 5 percent of the amount of the Webcam Services the User has purchased from the Performer. The Reservation Requirement is a temporary reserve (180 days) to cover potential payment cancellations by the User.
9.5 SNV can suspend a Payment Transaction if SNV, at its own discretion, suspects that the Transaction:
is based on a factual error;
is fraudulent or is made using a fraudulent or invalid method of payment;
is a possible case of money laundering.
9.6 SNV will notify the Performer about the suspension of any Payment Transaction.
9.7 SNV is entitled to deduct all payment obligations that SNV may accrue under this Performer's Agreement from the Performer's Payment Account, in addition to all other rights and legal means available to SNV pursuant to this Performer's Agreement.
9.8 SNV is not liable to the Performer or third parties for any loss suffered by the Performer as a result of imposed transaction limits, Reservation Requirements, payment cancellations or other refund demands.
10.1 The Performer agrees that:
a. the Performer’s Payment Account may not be a deposit account;
b. SNV is not required to pay the Performer interest on any balance in the Performer’s
10.2 The Performer agrees and acknowledges that SNV is not a party to and is not responsible for any dispute between the User and the Performer.
10.3 Any dispute with respect to the SNV Payment Service must, in the first instance, be reported to the SNV online support team.
11.1 Each party declares and guarantees that he/she/it is legally competent and authorised to sign this Performer’s Agreement.
11.2 The Performer guarantees SNV that he/she is at least 18. If the legislation in the country of the Performer differs from this rule the Performer must be at least 21. For this purpose the Performer will supply a copy of a valid ID.
11.3 The Performer guarantees SNV that:
a. the Performer will comply with all the laws, regulations and bylaws that apply to the provision of his/her Webcam Services or are otherwise related to the Performer’s use of the SNV Payment Service;
b. the Performer will not attempt to initiate or receive a Payment Transaction that is illegal or fraudulent or that conflicts with the applicable legislation and regulations;
c. the Performer will pay all taxes, levies and commissions which will be due for the Performer in respect of the use of the Electronical Services and/or the SNV Payment Services and/or the SNV Technical Platform.
11.4 Irrespective of whether the Performer is a natural person (private individual) or legal entity (company), certain taxes, social insurances, or other levies or charges may apply in connection with the Webcam Services offered and sold by the Performer. The Performer is liable for all such amounts that are or will be owed by the Performer in their own country of residence or any other country.
11.5 SNV guarantees the Performer that the SNV Payment Service will be provided with reasonable care and professionalism.
11.6 SNV does not guarantee that the SNV Payment Service will meet all of the Performer’s requirements or that the SNV Payment Service will function uninterruptedly, be virus-free, safe or error-free.
12.1 This Performer’s Agreement is drawn up in the English language. In the event of a conflict between the English version and a version in another language the English version will prevail.
12.2 The Performer agrees that SNV can send the Performer electronic messages that relate to the Performer’s use of the SNV Payment Service or any other matter.
13.1 The Performer is solely responsible and liable for the Performer’s Information placed on the SNV Technical Platform. The Performer is obliged to comply with all the applicable national, European and international regulations relating to the activities and services offered on the SNV Technical Platform.
13.2 This information and any actions on the part of the Performer cannot:
a. be incorrect, inaccurate or misleading;
b. be insulting, threatening, damaging or defamatory;
c. infringe copyrights, privacy or other rights;
d. break the law or violate any other regulations;
e. breach public order and/or public morals;
f. be obscene or inappropriate or contain child pornography;
g. create liability for SNV or cause the (full or partial) loss of the services on ISPs of SNV;
h. cause the SNV Technical Platform to suffer interruptions or damage, function less efficiently or be influenced in such a way that its effectiveness or functionality is in any way diminished.
13.3 The Performer gives SNV a non-exclusive, worldwide, uninterrupted, irrevocable,
royalty- free and transferable (via several third parties) license to exercise the copyrights,
trademarks, publicity and database rights with respect to the Performer’s Information
(always including pictures, videos and online images) placed on known and as of yet
unknown media, to the extent that this is necessary to provide the Marketing Service to the
14.1 Without prejudice to any other legal remedy, SNV can suspend or terminate a Performer's Account if actions on the part of the Performer cause SNV to reasonably suspect or give the impression that there is any form of involvement or association with fraudulent activities on the SNV Technical Platform.
14.2 If the Performer commits fraud or deliberately or as a result of gross negligence fails to comply with the stipulations of the Performer’s Agreement with respect to the Performer’s Account, the Performer is liable for all loss suffered in relation to the unlawful transactions.
15.1 Without prejudice to any other means available to SNV, SNV has the right to send the Performer an immediate warning, suspend or terminate the Performer’s Account temporarily or indefinitely and refuse to provide services to the Performer if:
a. the Performer violates the Performer’s Agreement or the documents that form an integral part of the Performer’s Agreement for reference purposes;
b. it proves impossible for SNV to verify the correctness of the information provided by the Performer; or
c. SNV suspects that the Performer is engaged in, will be engaged in or is in any way involved or associated with fraudulent activities on the SNV Technical Platform;
d. SNV feels that by his/her actions the Performer will or may cause damage to SNV.
16.1 The services offered and purchased on the SNV Technical Platforms are not validated by SNV. The Performer is solely liable for the lawfulness of his/her actions. SNV accepts no liability whatsoever associated with a potential risk or deficiency of the Webcam Services offered on the SNV Technical Platform that can affect physical or mental health.
16.2 SNV can never be held liable for any direct or indirect damage or (consequential) loss, including but not limited to :
any loss or falsification of data;
loss of profits (suffered directly or indirectly);
loss of turnover;
loss of goodwill or reputation;
loss of opportunity;
or for indirect, incidental, additional or any other damage, irrespective of whether the loss or damage is attributable to any change SNV has made to the SNV Technical Platform or the SNV Payment Service, or due to a permanent or temporary interruption in the SNV Technical Platform or SNV Payment Service, and irrespective of any negligence or other cause.
16.3 SNV's liability to the Performer – irrespective of the circumstances – is in any case limited to the total of the amounts the Performer has received from SNV in the 6 months preceding the legal action that gives rise to the liability, with a maximum of €150.
17.1 The Performer will compensate SNV and protect SNV against any entitlement or claim whatsoever - including reasonable solicitors’ fees - on the part of a third party and that is attributable to or arises from a violation of this Performer’s Agreement or the documents that form part of the Agreement for reference purposes, a violation of any law or regulation whatsoever or the infringement of the rights of a third party by the Performer.
17.2 If the Performer has an entitlement or claim against or a dispute with a User as a result of the use of the SNV Technical Platform the Performer indemnifies SNV against any claims, liability, damage, loss, costs and fees, including legal fees, known or unknown, that are associated with such an entitlement, claim or dispute.
18.1 Declarations, notifications and other announcements from SNV to the Performer can be made by post, e-mail, via publications on the SNV Technical Platform or by any other reasonable method.
18.2 All announcements intended for the Performer will in principle be sent to the e-mail address the Performer provided to SNV upon Registration.
19.1 SNV reserves the right to formulate policy rules that have the objective of complementing the general terms & conditions and/or flesh out or reformulate the existing stipulations. Policy rules form an integral part of the Performer’s Agreement.
19.2 SNV can change the policy rules from time to time. Important changes will be announced on the SNV Technical Platform.
19.3 After notification the Performer can, in the 14 days after a change, notify SNV of the refusal to accept the changes in question. After this notification this Performer's Agreement and the right to use the Electronical Services and the SNV Payment Services will terminate immediately upon receipt of the notification.
20.1 The Performer’s Agreement will remain in place until such time as it is cancelled by the Performer or by SNV, as outlined below.
20.2 If the Performer wishes to terminate this Performer’s Agreement with SNV the Performer can do so at any time and free of charge by closing the Performer’s Account.
20.3 SNV can terminate the Performer’s Agreement with the Performer at any time without prior notice if:
a. the Performer has violated an essential stipulation of the Performer’s Agreement or has made it clear by his/her actions that he/she does not intend to comply or is not capable of complying with the essential stipulations of the Performer’s Agreement; or
b. SNV is legally obliged to do so.
20.4 The termination of this Performer’s Agreement does not affect the legal rights, obligations and responsibilities the Performer and SNV have used, that have applied to the relationship between the Performer and SNV, or that arose in the period that the Performer's Agreement was in effect or for which it is stipulated that they remain valid for an indefinite period.
20.5 Upon termination of this Performer’s Agreement or any other termination of the use of the SNV Payment Service by the Performer the Performer remains responsible for all cancellations and recovery costs.
21.1 Curacao law applies to this Performer’s Agreement. Any disputes that arise or may arise between the Performer and SNV as a result of this Performer’s Agreement or subsequent agreements or other actions in relation to this Performer’s Agreement will be settled by the compentent courts in curacao.
21.2 In the event of a conflict between the English version of this Performer’s Agreement and a version in another language, the English version will prevail.
22.1 The Electronic Services ICT, Hosting and Marketing as well as the SNV Payment Service (Billing) referred to in this Performer’s Agreement are supplied by SNV.
22.2 The Performer agrees that SNV can freely and by operation of law transfer the rights and obligations arising from this Performer’s Agreement and from all the documents that apply for reference purposes in the event of a merger, division, takeover or other restructuring.
22.3 The titles of the various sections of this Performer’s Agreement are indicative only and do not necessarily give an exact indication of the content of the articles to which they refer.
22.4 If SNV fails to act in respect of a violation of this Performer’s Agreement by the Performer or by others SNV does not automatically waive the right to act in respect of later or similar violations.
22.5 If SNV does not exercise or enforce a legal right or legal remedy referred to in this Performer’s Agreement (or to which SNV is entitled in accordance with the applicable law) this cannot be considered a waiver of the rights of SNV. Neither can it be considered a waiver of the right to act in respect of later or similar violations. SNV can and may always use its rights or legal remedies.
22.6 The provisions in the following articles: ‘13. Information and actions on the part of the Performer’, ‘16. Limitation of liability SNV’, ‘17. Indemnity’, ‘18. Announcements and notification’, ‘21. Applicable law’ and ‘22. Other’ and any other provision insofar as applicable continue to exist after the termination or expiry of this Performer’s Agreement.
22.7 This Performer's Agreement, accompanied by the documents and policy rules included for reference purposes, constitutes the entire agreement between the Performer and SNV.