Please read the following Terms and Conditions carefully.
These Terms and Conditions govern the subscription and usage of the Hiwee’s Communication Studios’ website and the Oiki’s Hub app (jointly referred to as the “Platform”) registered subscribers with entertainers – musicians, secessionists, instrumentalists, actors, actresses. This definition also includes ancillary support providers (“Supports”) – (sound engineers, lighting, producers, directors, e.t.c.)
The term “us” or “we” refers to Oiki’s Multi Concepts Limited (“Oiki’s”), a company incorporated under the Laws of the Federal Republic of Nigeria whose registered address is at 64 Osholake Street, off Abeokuta Street, Ebute Metta, Lagos State, Nigeria (which shall include where the context so admits includes its successors and assigns).
You are expected to agree to the terms and conditions set out below before subscription and usage of the Platform:
- We provide an information database through the Platform that allows registered subscribers (“Users”) to search for Entertainers and Supports listed on the Platform (the “Entertainers”) and hire them for performance services (the “Services”). We do not provide or perform entertainment services. The Entertainers and Supports provide the Services under a contract of hire with the User. Entertainers and Supports offer the Services independently (either in person or as a group) as economic and professional service providers. Oiki’s bears no responsibility whatsoever to fulfil the contract between a User and the Entertainers and Supports. Both User and Entertainer/Support will resolve disputes arising from consumer rights, legal obligations, or the law applicable to the provision of services. Data regarding the Entertainers and Supports and their Services are available on the Platform.
- Users may register and open an account on the Platform by completing and submitting the registration form on the Platform. By registering with the Platform, you warrant and represent to us that:
- You have attained 18 years of age;
- That all information provided in the registration form is complete and accurate;
- You will keep your user ID and password confidential;
- You shall notify us in writing as soon as you become aware of any disclosure of your password;
- You shall be responsible for any activity on the Platform due to your failure in keeping your password confidential, and
- That you may be held liable for any losses arising out of such a failure.
- During the registration on the Platform, a User’s mobile number is linked to the respective User account and added to our database. If you no longer have possession of or use said mobile number, you are obligated to notify the Platform immediately. Afterwards, you are required to change the phone number on your profile to update our records with your current data. If you do not notify us about any change to your number, your mobile operator may issue the same mobile number to a new person who may be able to access your data.
- Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorise any third party to manage your account on your behalf, this shall be at your own risk.
- We may suspend or cancel your account or edit your account details at any time at our sole discretion and without notice or explanation, providing that if we cancel any Service, you have paid for but not received. You have not breached these terms and conditions and we will refund you in respect of the same.
- If you request for an Entertainer or Support by filling the Contract for Hiring A Service form on the Platform (the contract), and the Entertainer or Support agrees to provide the Services by sending the Confirmation Form to you, then they (User and Entertainer/Support) have entered into a contract on such terms and conditions as stated in the agreement. The Platform does not provide the Services and is not a party to your contract.
- Subject to these general terms and conditions, words in the contract shall govern the contract for Services between the User and the Entertainer or Support. Notwithstanding this, the contract will incorporate the following provisions for Services between the User and the Entertainer:
- Fees for the service will be as stated in the contract and must include taxes and comply with applicable laws; and
- administrative charges, insurance costs, ancillary costs and charges payable by the User if expressly stated in the Entertainer’s or Support’ terms of business.
- User will make payment in advance through payment options provided on the Platform. Fees will include applicable taxes required by law and may include other applicable surcharges, processing fees for split payments and contingency deposits.
- Every Entertainer or Support on the Platform has authorised Oiki’s as their commercial agent to conclude contracts between the User(s) and Entertainer or Support, including the power to accept payments on its behalf. Your obligation to the service provider is completed when a transfer alert is confirmed on the Platform’s bank account. As a User, you are responsible for ensuring that payment occurs and that sufficient funds are available.
- When making payments on the Platform, your prices are received, and agreed fees are transferred to the booked Entertainer or Support upon confirmation that they provided the service under the contract. We may ask you for additional data to enable us to confirm the method of payment. Users shall receive receipts of income for Services via the email address provided by the User. Any other gifts in cash or kind which the Entertainer or Support receives during the performance of the Services are for his/her account and exclusive of fees charged.
- We are not responsible for any third-party payment costs, including but not limited to charges from banks and mobile operators that you may incur in making payments for Services on the Platform. These service providers may charge you additional fees when processing expenses connected with the price on the Platform. We are not responsible for any such costs and disclaim all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before choosing your payment method.
- We are responsible for the functioning of the Platform and provide support in resolving problems. The resolution of disputes related to payments also takes place through us. For payment support service-related issues, please contact us through email@example.com, and you will receive a response within two business days.
- Cancelling a contract for Services occurs when you subsequently reject, cancel, or refuse the service, and you shall be required to pay a cancellation fee of up to a maximum of 75% of the service fees where cancellation is made in less than three business before the date of services provision. We may, at our discretion, temporarily block your account if you successively cancel contracts for Services. If we stop your account multiple times, we have the right and absolute discretion to suspend your account for a more extended period. After that period, you could ask to reactivate your account, and your application may or may not be reviewed by Oiki’s.
- You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Platform. Further, you must not:
- use the Platform in any way or take any action that causes, or may cause, damage to the Platform or impairment of the performance, availability, accessibility, integrity, or security of the Platform;
- use the Platform in any way that is unethical, unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
- hack or otherwise tamper with the Platform, probe, scan or test the vulnerability of the Platform without our permission;
- circumvent any authentication or security systems or processes on or relating to the Platform;
- use the Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
- decrypt or decipher any communications sent by or to the Platform without our permission;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or with the Platform without our express written consent;
- access or otherwise interact with the Platform using any robot, spider, or other automated means, except for search engine indexing;
use the Platform except through our public interfaces;
- violate the directives set out in the robots.txt file for the Platform;
use data collected from the Platform for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing); or
- do anything that interferes with the regular use of the Platform.
15 When the Entertainer or Support cancels the contract for Services, it shall affect his ratings, and you can leave a comment on their profile. Please note that we are not responsible if the Entertainer or Support cancels the contract for Services. However, the User is entitled to a refund of the fees paid into his/her wallet or bank account within five business days of the cancellation.
- As the Platform is to link Entertainer or Supports with Users, we cannot guarantee or take any responsibility for the completeness or accuracy of the information published on the Platform, skill, quality, or defects the provision of Services by the Entertainer or Support. As we do not provide or broker the Services, any issues with the quality of the Services will be resolved under the rules and regulations of or the relevant public authority. As the Platform usage for requesting Services depends on the behaviour of the Entertainer or Support, we do not guarantee that the Entertainer or Support will always accept your offer to hire the Services.
- The Platform does not offer or broker the Services for Users. It is also not an Entertainment or Entertainment Support Service agency for finding employers for Entertainer or Support.
- The Platform is provided on an “as is” and “as available” basis. We do not represent, warrant, or guarantee that access to the Platform will be uninterrupted or error-free. In a case like this, we will endeavour to address them as soon as possible. We cannot guarantee that the Platform will function simultaneously; for example, a public emergency may result in a service interruption.
- Oiki’s representatives, directors and employees are not liable for any loss or damage that the User may incur as a result of using the Platform or relying on any Entertainer or Support hired through the Platform, including but not limited to:
- any direct or indirect property damage or monetary loss;
- loss of profit;
- loss of business, contracts, contacts, goodwill, reputation, and any loss that may arise from interruption of the company;
- loss or inaccuracy of data; and
- any other type of loss or damage.
- Platform’s financial liability to any User connected with a breach of relevant contract is limited to a maximum of our fees for using and combining the User and the Entertainer or Support on our Platform. We will not be liable for the actions or inactions of the Entertainer or Support.
- You agree to fully indemnify and hold Oiki’s, our affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that may be suffered as a result of usage of the Platform.
- We may immediately end your use of the Platform if you breach these Terms and Conditions or consider it necessary to protect our integrity or the safety of Entertainer or Support.
- You will be required to provide feedback on the Entertainer or Support through the Platform to guide other Users.
- We expect that you use the Platform in good faith and be respectful of the Entertainer or Support who offer their services through the Platform. We retain the right to close your account if you have violated the terms set out in this Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the Services, fraud, being disrespectful towards the Entertainer or Support, e.t.c. In these cases, we may revoke your account without prior notice.
- We will make every effort to ensure that only Entertainer or Support, who have integrity and are respectful of their profession and Users use the Platform. However, we are in no position to guarantee that every provider of the Services satisfies the criteria mentioned above at all times. If you experience objectionable service, please notify us in writing.
- These Terms and Conditions and our codes, policies and guidelines (and in respect of Entertainer or Support, the Entertainer or Support Terms and Conditions) shall constitute the entire agreement between you and us concerning your use of the Platform and shall supersede all previous agreements between you and us concerning your use of the Platform.
- Should these Terms and Conditions, the Entertainer or Support Terms and Conditions, and our codes, policies and guidelines conflict with these Terms and Conditions, the Entertainer or Support Terms and Conditions and our regulations, policies, and guidelines shall prevail in the order here stated.
- We may revise or amend these Terms and Conditions, the Entertainer or Support Terms and Conditions and our codes, policies and guidelines from time to time. These revised Terms and Conditions, the Entertainer or Support Terms and Conditions and our regulations, policies and guidelines shall apply from the date of publication on the Platform. Your continued use of the Platform after the publication shall be deemed your acceptance of the amendments.
- You agree that we may assign, transfer, sub-contract, or otherwise deal with our rights and/or obligations under these Terms and Conditions. Without our prior written consent, you may not assign, transfer, sub-contract or otherwise, deal with any of your rights or obligations under these Terms and Conditions.
- A Contract under these Terms and Conditions is for your benefit. The Entertainer or Support benefit is not enforceable by any third party. The exercise of the parties rights under a contract is not subject to the consent of any third party
- You may delete your account on the Platform by filling our Account Withdrawal Form and ticking the appropriate box stating the reason for the deletion. You may also send an email to firstname.lastname@example.org or email@example.com for deletion of your account.
- If any provision of the Terms and Conditions is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. If any unlawful or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- The Terms and Conditions will be governed by and construed, and enforced under the laws of the Federal Republic of Nigeria. Suppose dispute resulting from the Terms and Conditions, or a Contract could not be settled by mutual discussion within 30 days of the notification of a dispute. In that case, the dispute will be referred to the relevant court of competent jurisdiction.
Our Contract Confirmation
Further to our telephone conversation of (date), I wish to confirm the details of our agreement.
You have hired (name of the act), which consists of (number of Entertainer or Support) to perform for (length of performance) at (name of venue) on (date of execution) beginning at (start time of performance).
I also understand we are to arrive by (arrival time). We have also agreed to the following additional items: (any other specific arrangements you agreed such as the provision of the PA, stage clothing, refreshments, etc.).
We have agreed on a fee of (₦/£/$/€) to be paid in full by (Insert payment terms, e.g. Cash, Banks etc.) immediately after the performance / within seven days of the performance / within 30 days of the performance (complete as appropriate).
If any of the above is incorrect or does not represent your understanding of our agreement, then please contact me immediately to clarify matters at (your contact details).
Thank you for your time and consideration.
I look forward to a successful and enjoyable event.
Agreement for Participant – Entertainer or Support
CONTRACT FOR HIRING A MUSICIAN
- Entertainer or Support’ name
- Entertainer or Support address
- Entertainer or Support mobile no.
- Hirer’s full name
- Hirer’s address
- Hirer’s mobile no.
- Dates of hire
- Type of engagement
- Name and address of venue
- Hire date(s)
Hire fee(s) plus VAT if applicable
Rehearsal Start time
Rehearsals Finish time
Performance Start time
Performance Finish time
For Equipment, kindly tick the appropriate box on whether you would like to hire additional Equipment from the Entertainer or Support.
It is agreed that any other person shall not use the Entertainer or Support unless with the Entertainer and Support prior approval. In such instances, the Hirer shall be liable for any damage or loss of such instrument equipment.
The Hirer shall ensure a safe supply of electricity and the security of the Entertainer or Support and his or her property at the venue.
The Hirer may make audio or video recordings or transmit the Entertainer or Support performance without the prior written consent of either party.
This agreement may not be modified or cancelled except by mutual consent, in writing signed by both parties.
The General Terms and Conditions on Oiki’s Limited’s website or app (the Platform) are be deemed incorporated into this agreement.
NB: this form will be sent to your email upon creation of account and you wont be able to sell any service till you fill it.
- KNOWLEDGE BOOTH
Our aim at Oiki’s is to empower an industry of talent with the necessary and relevant skills required to create value over a lifetime career continually. Our knowledge booth provides learning sessions on the following:
- Financial literacy
- Planning and building for the future
- Contractual obligation management
- Online Seminars and Sessions
- Relationship management with other industry
Our Subject Matter Experts will provide continuous information and insights about the industry.