
Terms & Conditions
Hiphopadellic entertainment GmbH, Lenzbüel 2, 8370 Sirnach, Switzerland, offers its products and services on its platforms to its users and clients according to the following Genereal Terms and Conditions (“GTC”).
1. Definitions
1.1. “AGENT” means the operator of https://hiphopadellic.com/ providing the Platform and the matching service between CLIENTs and SERVICE PROVIDERs.
1.2. “CLIENT” means a musician, band, singer, artist (or related music-project entity) who uses the Platform to engage SERVICE PROVIDERs for production/marketing services in connection with their music projects.
1.3. “SERVICE PROVIDER” means a third-party service provider (photographer, video producer, graphic designer, mix/master engineer, digital advertiser, socialmedia marketer, Spotify or other online marketing promoter, beat producer, musician, singer etc.) which offers services via the Platform and concludes a separate agreement with AGENT.
1.4. “Platform” means the online intermediation platform operated by AGENT where CLIENTs may select, book or connect with SERVICE PROVIDERs, as further described in these GTC.
1.5. “Services” means the services to be provided by the SERVICE PROVIDER to the CLIENT in the musical-project context (photography, video production, graphic design, mix & mastering, digital advertising, social media marketing, Spotify- or other online marketing and promotion, beat production), facilitated by the Platform.
1.6. “Booking” means the contractual engagement between a CLIENT and a SERVICE PROVIDER for the Services, facilitated via the Platform.
1.7. “Fee” means the remuneration payable by CLIENT to the SERVICE PROVIDER for the booked Services.
1.8 “Platform Notices” means any instructions, information, policies, guidelines, technical requirements, rules, announcements or updates communicated to CLIENT via the Platform interface, dashboard, notification banner, support center, FAQ, or other digital means used by AGENT.
2. Scope and application
2.1. These GTC govern the relationship between AGENT and each CLIENT in respect of the Platform and the making of Bookings via the Platform.
2.2. By using the Platform and/or making a Booking, the CLIENT acknowledges having read, understood and accepted these GTC.
2.3. These GTC apply in conjunction with any specific Booking-contract concluded between the CLIENT and the SERVICE PROVIDER (via the Platform). In case of conflict, the specific Booking-contract governs with regard to the CLIENT / SERVICE PROVIDER relationship.
2.4. The separate agreement between AGENT and each SERVICE PROVIDER (covering the intermediation fee for AGENT) is not part of these GTC and does not affect the CLIENT’s obligations hereunder.
2.5. The Platform is intended solely as an intermediation service. AGENT is not a contracting party to the Service Agreement concluded between CLIENT and SERVICE PROVIDER.
3. Services of the Platform
3.1. The Platform provides an online marketplace through which CLIENTs may browse, select, contact and book SERVICE PROVIDERs offering relevant Services.
3.2. The Platform’s role is purely that of an intermediary/facilitator; AGENT does not itself perform the substantive Services offered by SERVICE PROVIDERs (unless explicitly stated otherwise).
3.3. AGENT does not guarantee the performance, quality, timeliness or result of the Services provided by the SERVICE PROVIDERs. The contractual relationship for execution of the Services is directly between CLIENT and the SERVICE PROVIDER.
3.4. AGENT may assist with booking logistics, payment flow (if applicable), communication or dispute facilitation, but is not responsible for the actual delivery of the Service unless explicitly agreed.
3.5. The Platform is provided on an “as is” and “as available” basis without guarantee of uninterrupted availability. Temporary interruptions for maintenance, updates, outages or security checks may occur. AGENT is not liable for any interruption.
3.6. The presentation of services and content on the Platform is not a legally binding offer, but only provides a non-binding online catalogue.
4. Booking-procedure and payment
4.1. A CLIENT creates a Booking request via the Platform, and the SERVICE PROVIDER either accepts or declines. Once accepted, a binding contract is formed between CLIENT and SERVICE PROVIDER for the provision of the Services, subject to payment of the Fee as agreed in the Booking-contract.
4.2. The Fee shall be paid by the CLIENT to the AGENT (and/or directly via the Platform if applicable) under the terms of the Booking. The CLIENT shall meet the agreed payment terms punctually. AGENT will forward the payment to the SERVICE PROVIDER, minus its commission, as agreed in the agreement between AGENT and SERVICE PROVIDER.
4.3. In the event the Platform facilitates payments on behalf of the SERVICE PROVIDER, AGENT may temporarily hold amounts or pass them on, as specified in the Booking-contract or payment terms.
4.4. VAT, taxes or other duties: CLIENT acknowledges that the Fee may be subject to value-added tax (VAT) or other local taxes; where applicable the CLIENT will bear such. AGENT and/or SERVICE PROVIDER will inform the CLIENT if VAT is charged.
4.5. If the CLIENT fails to pay the Fee or any portion thereof, AGENT reserves the right to suspend or terminate the CLIENT’s access to the Platform and to charge any collection costs or interest as permitted by Swiss law.
4.6. In case of chargeback, disputed payment, reversal, or any payment failure, the CLIENT shall remain fully liable for the Fee and shall reimburse AGENT for all related administrative costs, bank fees or legal expenses.
4.7. AGENT may, at its sole discretion, delay payouts to SERVICE PROVIDER or freeze accounts for compliance, fraud prevention or dispute purposes.
5. Intermediation Fee of AGENT
5.1. CLIENT acknowledges that the SERVICE PROVIDER has entered into an agreement with AGENT under which the SERVICE PROVIDER pays AGENT an intermediation fee as agreed between AGENT and the SERVICE PROVIDER). The CLIENT is not party to that agreement and owes no such fee themselves.
5.2. AGENT’s entitlement to the intermediation fee arises from the relationship with the SERVICE PROVIDER and does not affect the CLIENT’s payment of the Fee.
6. CLIENT’s obligations
6.1. The CLIENT warrants that all information provided to the Platform (when registering, booking, commissioning Services) is accurate, complete and up-to-date.
6.2. The CLIENT shall use the Platform and the Services in good faith and in compliance with these GTC, applicable law and good-market practice.
6.3. The CLIENT shall provide necessary information, materials, access, cooperation and approvals (e.g., for photography, video-shoots, beat-production) in a timely manner so that the SERVICE PROVIDER can perform the Services. Delay or failure of the CLIENT to provide such may relieve the SERVICE PROVIDER (and indirectly AGENT) from liability for delay or non-performance.
6.4. The CLIENT shall respect the intellectual property rights and other rights of third parties in connection with the Services and the use of deliverables.
6.5. The CLIENT shall not misuse the Platform, e.g. by circumventing the Platform to engage SERVICE PROVIDERs directly without routing via the Platform (if prohibited), by impersonation, spamming, misrepresentation, or by posting false reviews.
6.6. Anti-circumvention: For a period of 18 months after the CLIENT last contacted a SERVICE PROVIDER via the Platform, the CLIENT shall not engage, pay, commission or collaborate with such SERVICE PROVIDER outside the Platform without prior written approval from AGENT.
6.7. Violation of 6.6 entitles AGENT to claim a contractual penalty equal to 20% of the gross compensation agreed between CLIENT and the SERVICE PROVIDER, without prejudice to further damages. Under Swiss law, contractual penalties are enforceable if proportionate.
6.8. The CLIENT shall ensure that any content, instructions, materials, names, images, samples, stems, lyrics or creative direction do not infringe third party rights and do not violate personality rights under Swiss law.
6.9. The CLIENT shall indemnify and hold harmless AGENT from any third-party claims arising out of material provided by CLIENT to the SERVICE PROVIDER or via the Platform.
6.10. AGENT may ask the CLIENT to establish a user account (“Account”), which requires specific registration, identification, and payment information. The CLIENT warrants and represents that all information provided in connection with registration for an Account is true and correct. The CLIENT is permitted to create only one (1) Account, and transfer or sale of the same is prohibited. Registration for an Account may be denied, suspended, or revoked by the AGENT at any time, in the AGENT’s discretion, if the CLIENT fails to meet or comply with the AGENT’s guidelines, quality assurance evaluation, anti-fraud policies, or customer authentication efforts. CLIENT’s who have been rejected, suspended, denied, or banned from establishing an Account shall not attempt to register another Account using the same or different registration information. Any such circumvention efforts shall be deemed to be fraudulent and unlawful.
The CLIENT shall be responsible for all uses and/or activities conducted through the CLIENT’s Account, whether or not authorized by the CLIENT. The CLIENT agrees to immediately notify AGENT of any unauthorized access or use of the AGENT’s Account. The AGENT disclaims any and all liability resulting from fraudulent access and/or use of the website via the CLIENT’s Account.
7. SERVICE PROVIDER’s deliverables – CLIENT rights & usage
7.1. The CLIENT and SERVICE PROVIDER shall agree in the Booking-contract the scope of deliverables, timing, payment, rights of use, revision rounds, acceptance, and other terms.
7.2. Unless otherwise agreed in the Booking-contract, the SERVICE PROVIDER grants the CLIENT a non-exclusive, irrevocable license to use the deliverables of the Services (e.g., photographs, video material, beat/backing-track, mix/master) for the purpose of the CLIENT’s musical project (production, marketing, distribution) worldwide and in all media/formats, subject to full payment of the Fee.
7.3. If the CLIENT uses the deliverables contrary to the agreed scope (for example, resells beats/licences further, uses material in non-musical context), the SERVICE PROVIDER may charge additional licence fees, and the CLIENT will remain liable.
7.4. Unless agreed otherwise, the SERVICE PROVIDER retains all copyright and other intellectual property rights in the deliverables, subject to the license granted to the CLIENT. The CLIENT shall credit the SERVICE PROVIDER and AGENT appropriately (e.g., in liner-notes, metadata, credits) if the SERVICE PROVIDER and/or AGENT requests.
7.5. The CLIENT shall inspect the deliverables promptly upon delivery and notify the SERVICE PROVIDER of any deficiencies without undue delay. After acceptance (or lapse of agreed inspection period), the deliverables are deemed accepted.
7.6. AGENT is not responsible for verifying the suitability, legality, originality or quality of deliverables. The CLIENT agrees that its sole remedy is against the SERVICE PROVIDER.
7.7. AGENT may, at its discretion, facilitate dispute resolution. Any recommendation by AGENT is non-binding. AGENT’s determination regarding refund handling or platform credit shall be final, unless grossly unreasonable.
8. Liability, warranty and disclaimers
8.1. AGENT’s Liability
8.1.1. AGENT acts as intermediary only and does not guarantee performance or success of the Services provided by SERVICE PROVIDERs.
8.1.2. AGENT is not liable for indirect or consequential damages (including loss of profit, loss of data, opportunity cost) caused by the use or non-use of the Platform or Services, except in cases of gross negligence or wilful misconduct by AGENT.
8.1.3. AGENT’s total liability for direct damages shall in any event be limited to the amount of the Fee actually paid by the CLIENT for the Booking in question.
8.1.4. AGENT shall not be liable for:
- disputes between CLIENT and SERVICE PROVIDER
- loss of data, digital files or creative assets uploaded to the Platform
- reputational damage or lost commercial opportunities linked to use of the Platform
- actions performed by SERVICE PROVIDER outside Platform functionality
- 8.1.5. To the fullest extent permitted by law, AGENT excludes liability for slight negligence.
8.2. SERVICE PROVIDER’s Liability & Warranty
8.2.1. The SERVICE PROVIDER warrants that they will perform the Services with reasonable skill and care consistent with industry standards and as agreed in the Booking-contract.
8.2.2. Unless otherwise agreed, the SERVICE PROVIDER gives no guarantee for commercial success, placements, marketing outcomes, chart ranking, Spotify streams or similar results.
8.2.3. The CLIENT’s rights for the deliverables (defects, reduction, termination) are governed by the Booking-contract, and in absence of special agreement, by the provisions of the Swiss Code of Obligations (CO).
8.3. The CLIENT acknowledges that under Swiss law general terms (GTC) must be properly incorporated (i.e., the CLIENT must have had reasonable opportunity to read them and must have accepted them) for them to apply.
8.4. Nothing in these GTC shall exclude liability in relation to death or personal injury resulting from the negligence of SERVICE PROVIDER, or any liability which cannot be limited or excluded under applicable mandatory law.
9. Suspension, termination
9.1. AGENT may suspend or terminate a CLIENT’s access to the Platform at any time if the CLIENT breaches these GTC, the Booking-contract or acts unlawfully, or if continued access poses reputational or technical risks to the Platform.
9.2. Termination shall not affect completed Bookings or obligations accrued prior to termination (e.g., payment obligations). 9.3. The CLIENT may terminate their account at any time by giving written notice to AGENT; existing Booking-contracts remain subject to their terms unless otherwise agreed.
9.3. AGENT may immediately suspend or delete the CLIENT account if:
- abusive conduct is suspected
- fraud, chargeback or bypass activities occur
- repeated disputes or negative behaviour impact the Platform’s reputation
9.4. Suspension does not affect any payment obligation already due.
10. Intellectual property and content
10.1. The Platform, including its website, software, databases, design, graphics, texts, images, audio and video files belong to AGENT (or are licensed to AGENT) and are protected by copyright, trademark and other intellectual property laws.
10.2. The CLIENT may use the Platform only as permitted by these GTC and may not copy, reproduce, distribute, reverse engineer, modify or create derivative works of the Platform, its content or the service-provider profiles without AGENT’s prior written consent.
10.3. The CLIENT warrants that any materials it provides (texts, images, music files, briefs) to the SERVICE PROVIDER or via the Platform do not infringe third-party rights, and the CLIENT will indemnify AGENT and/or the SERVICE PROVIDER against claims arising out of infringement thereof.
10.4. AGENT may remove or disable access to any content at any time for legal, copyright, breach-of-contract or reputational reasons without prior notice.
10.5. The CLIENT grants AGENT a non-exclusive, royalty-free licence to host, store, index, and display CLIENT names and materials for operating, promoting and marketing the Platform.
11. Privacy and data protection
11.1. AGENT processes personal data in accordance with its Privacy Policy (accessible on the Platform). By using the Platform, the CLIENT consents to such processing.
11.2. CLIENTs should be aware that the revised Swiss Federal Data Protection Act (FDPA) came into force 1 September 2023 with broad scope. Furthermore, the GDPR may also apply.
11.3. CLIENT consents to the sharing of their relevant data with SERVICE PROVIDERs for the purposes of facilitating Bookings.
11.4. The CLIENT shall ensure that any personal data it provides to the SERVICE PROVIDER or to the Platform is lawful and that the CLIENT has the rights to share such data.
11.5. CLIENT acknowledges that AGENT may disclose personal data if required by law enforcement, regulatory authorities or to protect legitimate interests.
12. Fees, pricing and taxes
12.1. The pricing of the Services (the Fee) is set between CLIENT and SERVICE PROVIDER in each Booking-contract. The Platform may show indicative price ranges, but the actual Fee is determined by the SERVICE PROVIDER.
12.2. Unless otherwise stated, Fees are shown in Swiss francs (CHF) and exclude VAT (or equivalent sales tax) unless indicated. The CLIENT shall bear any applicable taxes or duties.
12.3. AGENT reserves the right to adjust pricing, fees or charges for use of the Platform (if any) from time to time; clients will be notified of changes in accordance with clause 13.
12.4. AGENT may introduce Platform usage fees in the future with prior notice. Continued use constitutes acceptance.
13. Modifications of GTC
13.1. AGENT may amend these GTC at any time. The amended GTC become effective upon notification to the CLIENT (e.g., by email or via the Platform) and shall apply to future Bookings.
13.2. If the CLIENT does not reject the change within 30 days of notification (and continues to use the Platform), the CLIENT is deemed to have accepted the amended GTC. If the CLIENT rejects, AGENT may terminate the client-relationship.
13.3. The version of the GTC applicable to each Booking is the version published at the time the CLIENT accepted the Booking.
13.4. Modifications that do not adversely affect fundamental rights of CLIENT may enter into force immediately without prior notice (e.g. formatting, clarity, administrative updates).
14. Governing law, jurisdiction and dispute resolution
14.1. These GTC and any disputes arising out of or in connection with the use of the Platform or Bookings shall be governed by substantive Swiss law, excluding its conflict of law regulations.
14.2. Exclusive jurisdiction: the courts of the canton in which AGENT has its registered office shall have exclusive jurisdiction, unless overriding mandatory law provides otherwise.
14.3. In case of cross-border elements, the parties agree to submit to Swiss jurisdiction and waive any right of challenge (to the extent permitted by law).
14.4. Prior to bringing court proceedings, the CLIENT and AGENT shall attempt to settle the dispute amicably. Mediation or other alternative dispute resolution may be used.
15. Severability & final provisions
15.1. If any provision of these GTC is or becomes invalid, illegal or unenforceable in any respect under applicable law, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired.
15.2. The headings of clauses are for convenience only and shall not affect interpretation.
15.3. No waiver of any right or remedy under these GTC or a Booking shall be valid unless in writing and signed (or by electronic means) by the party granting the waiver.
15.4. These GTC and the specific Booking-contract together constitute the entire agreement between CLIENT and AGENT/SERVICE PROVIDER regarding the Platform and Booking; they supersede any prior oral or written understandings, except for the separate agreement between AGENT and SERVICE PROVIDER (which remains unaffected).
15.5. CLIENT may not assign its rights or obligations under these GTC or a Booking without AGENT’s prior written consent; AGENT may assign its rights or delegate the Platform’s performance (but remains liable for its own obligations).
15.6. If a contractual penalty (clause 6.7) is deemed excessive, a Swiss court shall reduce it to an enforceable and reasonable amount per Art. 163 Swiss Code of Obligations.
16. Acknowledgement
By using the Platform and/or confirming a Booking, the CLIENT confirms that they have read, understood and accepted these GTC and that they have legal capacity to enter into such contract.
17. Entire Agreement
17.1. These GTC, together with the Platform notices and the specific Service Agreement concluded between CLIENT and SERVICE PROVIDER for a Booking, constitute the entire agreement between CLIENT and AGENT regarding use of the Platform and supersede all prior understandings relating thereto (excluding the separate agreement between AGENT and SERVICE PROVIDER, which remains unaffected).
17.2. In case of inconsistency between these GTC and Platform notices, these GTC prevail as between CLIENT and AGENT. As between CLIENT and SERVICE PROVIDER, the Service Agreement prevails.
17.3. If the GTC contain contradictions or gaps, it is on the basis of purpose, meaning and spirit as well as the principle of good faith and mutual interests of the parties that it will be determined which scheme appears to be adequate. Should any provision be or become invalid, this shall not affect the validity of the remaining provisions.
18. No Right of Withdrawal
18.1. By commissioning creative or personalised works, the CLIENT acknowledges that no statutory right of withdrawal applies under Swiss law once execution begins.
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Version of these Terms and Conditions: October 29, 2025