Introduction

This policy outlines the terms and conditions governing the process for clients ("Client," "You") to search, select, book, and manage engagements with artists and professionals ("Artist") available on the Aruva platform. By utilizing Aruva's Artist booking services, you agree to comply with all terms set forth in this document.

1. Client Eligibility and Account Usage

1.1. Eligibility: To book Artist through Aruva, Clients must be:

• Of legal age to enter into contracts in their jurisdiction.
• Possess the necessary financial means and authorization to fulfill payment obligations.
• Agree to adhere to Aruva's Community Guidelines and Code of Conduct.

1.2. Account Responsibility: Clients are responsible for maintaining the confidentiality of their account information and for all activities conducted under their account.

2. Artist Search and Selection

2.1. Platform Access: Clients can browse or search for available Artist profiles on the Aruva platform based on various criteria (e.g., genre, skill, location, availability).

2.2. Inquiry Submission: Clients can submit inquiries or "gig postings" detailing their event requirements, preferred dates, budget, and specific needs for the Artist.

2.3. Proposal Review: Artist will review client inquiries and may submit proposals outlining their services, pricing, and specific terms for the engagement. Clients are responsible for thoroughly reviewing these proposals.

2.4. Selection: Clients will evaluate the information mentioned in the platform and select their preferred Artist. Aruva encourages Clients to communicate clearly with Aruva team through the platform's messaging system to clarify any details before selection.

2.5. Artist's Independent Obligations: The Client acknowledges that the Artist is solely responsible for the provision of all performance services and for fulfilling all terms, conditions, and obligations associated with each booking, including but not limited to the arrangement of their own transportation, equipment (unless explicitly agreed to be provided by Client or Aruva), and accommodations.

3. Booking Confirmation and Payment

3.1. Payments: All financial transactions related to bookings, including reservation fees, full payments, and applicable charges, are processed exclusively through Aruva's secure payment gateway as detailed in the following subsections.

3.2. Booking Acceptance: A booking is considered formally confirmed only when:

• The Client explicitly accepts the Artist's proposal through the Aruva platform.
• The Client completes the required payment for the booking via Aruva's designated secure payment gateway.

3.3. Contractual Agreement: The client understands and agrees that the payment confirmation represents a legally binding agreement between the Client and the Artist, facilitated by Aruva, for the provision of services as per the agreed-upon booking details for that particular booking only.

3.4. Payment Method: All payments for Artist bookings must be made through Aruva's secure payment system. Direct payments to Artist outside the platform are strictly prohibited and may lead to account suspension.

3.5. Payment Schedule: Full payment for the booking is typically required upon confirmation. For larger or long-term engagements, Aruva may, at its discretion, allow for partial upfront payment with the balance due by a specified date prior to the engagement.

3.6. Booking Window and Reservation:

• Bookings for Artist and associated equipment must be made within a window of 15 to 45 days prior to the scheduled event date.
• To confirm/reserve a booking, the Client is required to pay a minimum reservation fee equivalent to 25% of the total estimated cost (including Artist fees and equipment rental, if applicable). This reservation fee is non-refundable except as explicitly stated in the Cancellation Policy (Section 5) or Force Majeure (Section 5.2).

3.7. Equipment Rental for Artist's Technical Requirements:

• Clients may, at the time of booking Artist, also request to rent specific equipment through Aruva that is necessary to fulfill the GFA (Gear for Artist) or performance requirements.
• Alternatively, Clients may choose to arrange the technical requirements and necessary equipment on their own, subject to the selection criteria available at the time of booking. This must be communicated and confirmed with Aruva team prior to the event.
• The availability and cost of rental equipment will be additional to the cost of booking the artist.
• All terms and conditions related to Aruva's equipment rental, including delivery, setup, usage, damage, and return, will be governed by a separate Equipment Rental Agreement provided by Aruva, which the Client must agree to before confirmation of the booking.
• The reservation/booking fee (depending on the schedule of booking window) will cover a portion of both the Artist's fee and the equipment rental (if applicable) as part of the total estimated cost.

3.8. Rescheduling Policy (Client-Initiated):

• Request for Rescheduling: Clients may reschedule a confirmed booking by logging into their bookings section. All rescheduling requests are subject to the availability of the Artist and Aruva's approval.
• Rescheduling window: Rescheduling requests must be made no less than 14 days prior to the originally scheduled event date. Requests received within 72 hours of the event will be treated as a cancellation (refer to Section 5.1).
• Rescheduling Fees:
  • If a rescheduling request is approved with sufficient notice (more than 14 days), the original reservation fee (25%) will be applied to the rescheduled booking.
  • However, if the rescheduling causes significant inconvenience to the Artist or Aruva (e.g., loss of other booking opportunities, additional administrative effort), Aruva reserves the right to levy a rescheduling fee, which will be added to the final invoice.
• Artist Availability: Aruva does not guarantee that the originally booked Artist will be available for the rescheduled date. If the original Artist is unavailable, Aruva will endeavor to find a suitable alternative, but the Client is not obligated to accept a different Artist.
• New Booking Terms: If the original Artist is unavailable for the rescheduled date, or if the Client opts for a different Artist, the rescheduled event may be treated as a new booking, potentially requiring a new reservation fee and subject to the prevailing rates and terms at the time of rescheduling.
• No Guarantee of Rescheduling: Aruva does not guarantee that all rescheduling requests will be accommodated. If a rescheduling request cannot be fulfilled, the booking will be subject to the Cancellation Policy (Section 5).

4. Client Responsibilities During Engagement

4.1. Provision of Resources: Clients must ensure that all agreed-upon resources, equipment, technical specifications (e.g., sound system, lighting, stage access), and hospitality requirements (e.g., green room, refreshments) are provided to the Artist as stipulated in the booking agreement and rider.

4.2. Punctuality and Access: Clients must ensure the venue and necessary facilities are accessible to the Artist at the agreed-upon load-in, soundcheck, and performance times.

4.3. Professional Conduct: Clients are expected to maintain professional and respectful conduct towards the Artist, Aruva staff, and other stakeholders throughout the engagement.

4.4. Safety and Environment: Clients are responsible for providing a safe and appropriate environment for the Artist to perform, adhering to all local safety and health regulations.

4.5. Permits, Licenses, and Permissions: The Client shall be solely responsible for obtaining all necessary permits, licenses, and permissions required for the event and the Artist's performance at the chosen venue, prior to the event date.

4.6. Confirmation of Completion: Upon the successful completion of the engagement, Clients are required to confirm the completion of services on the Aruva platform. This triggers the payment disbursement to the Artist.

4.7. No Direct Booking/Circumvention: The Client shall not directly book, engage, or solicit any Artist listed on the Aruva platform outside of the platform for a period of twelve (12) months from the date of their last booking or inquiry through Aruva. Any attempt to circumvent Aruva's platform for booking or payment purposes is strictly prohibited and may result in immediate account termination and legal action.

5. Cancellation Policy (Client-Initiated)

5.1. Cancellation by Client: If a Client needs to cancel a confirmed booking:

• Between 14 – 44 days before the scheduled event: Aruva shall offer a full refund of the amount received from the Client for that specific Artist booking.
• Less than 14 days before the scheduled event: The booking is subjected to deductions if the cancellation is requested 14 days or less than the scheduled event as it might create loss of opportunities for the engaged artist. The booking amount shall be subjected to a ninety percent (90%) transaction fee deduction by Aruva in case the client has paid 25% of the total estimate. The booking amount shall be subjected to a fifty percent (50%) transaction fee deduction by Aruva in case the client has paid 50% of the total estimate.
• Less than 3 days before the scheduled event: No refund will be issued to the Client.

5.2. Force Majeure: In cases of unforeseen and unavoidable circumstances (Force Majeure events like natural disasters, widespread power outages, government mandates) preventing the event, Clients must notify Aruva immediately. Aruva will assess the situation and work towards a fair resolution, which may include rescheduling or a full refund, at Aruva's sole discretion.

5.3. Consequences of Non-Compliance: Failure to adhere to the cancellation policy may result in forfeiture of payments and, in severe or repeated cases, suspension or termination of the Client's Aruva account.

6. Delays from Client's Side

6.1. Definition of Delay: A "delay" from the client's side includes, but is not limited to: failure to provide necessary equipment or technical setup on time, delay in providing access to the performance area, failure to complete pre-performance checks, delay in providing agreed-upon hospitality, or any other client-attributable circumstance that prevents the Artist from starting their performance or fulfilling their engagement at the agreed-upon time.

6.2. Financial Implications of Delays:

• Grace Period: A grace period of [e.g., 15-30 minutes] may be allowed for minor delays, at the discretion of the Artist and Aruva, without additional charges or adjustments to the performance duration.
• Compensated Delays: If a delay exceeds the grace period but the Artist is still able to perform their full scheduled duration, and the delay is within a reasonable timeframe (e.g., up to 1 hour beyond grace period), the Client may be subject to an hourly delay fee [20% of the artist's total fee per hour or part thereof]. This fee compensates the Artist for their extended time and potential disruption to subsequent commitments.
• Reduced Performance Time: If the delay necessitates a reduction in the Artist's scheduled performance time, the full agreed-upon fee for the Artist remains payable by the Client. The Artist is not obligated to extend their performance beyond their pre-agreed end time to compensate for Client delays unless explicitly agreed upon by the Artist and Client, and potentially subject to additional fees.
• Cancellation Due to Excessive Delay: If the delay is excessive [e.g., exceeding 2-3 hours, or if the Artist's ability to fulfill their subsequent commitments is jeopardized], and the performance cannot proceed as scheduled, the booking may be deemed cancelled due to Client fault. In such cases:
  • Aruva reserves the right to keep the full payment.
  • The Client may be subject to - Consequential Delay Charges for the Artist's and other service providers associated with Aruva.

7. User Conduct and Prohibited Activities

7.1. General Conduct: Clients agree to use the Aruva platform and its services lawfully, ethically, and in a manner that does not infringe upon the rights of others or restrict their use and enjoyment of the platform.

7.2. Prohibited Activities: Clients are strictly prohibited from:

• Using the platform for any unlawful purpose or in violation of any applicable local, state, national, or international law.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Harassing, abusing, or harming another person or entity, including Artist or other Clients.
• Engaging in any activity that interferes with or disrupts the operation of the Aruva platform or the servers and networks connected to the platform.
• Attempting to gain unauthorized access to any portion or feature of the platform, or any other systems or networks connected to the platform.
• Uploading or transmitting any viruses, worms, defects, Trojan horses, or any other items of a destructive nature.
• Collecting or storing personal data about other users without their express consent.
• Using the platform for any commercial solicitation purposes without Aruva's prior written consent.
• Circumventing or attempting to circumvent any payment processes or fees established by Aruva.

8. Representations and Warranties

8.1. Client Representations: By using the Aruva platform, the Client represents and warrants that:

• All information provided during registration and throughout the use of the platform is accurate, complete, and truthful.
• You have the full legal right, power, and authority to enter into this policy and to perform your obligations hereunder.
• Your use of the platform and engagement with Artist will comply with all applicable laws and regulations.
• You will not violate any third-party rights, including intellectual property, privacy, or publicity rights.

9. Dispute Resolution

9.1. Mediation: In the event of a dispute between a Client and Artist, Aruva encourages direct communication. If unresolved, Aruva may, at its sole discretion, offer mediation services to facilitate a resolution.

9.2. Aruva's Decision: If mediation fails or is not opted for, Aruva reserves the right to make a final binding decision on the dispute, including any adjustments to payments or refunds, based on the evidence provided by both parties.

9.3. Legal Recourse: This policy does not limit the Client's or Artist's right to pursue legal remedies outside of Aruva's platform in accordance with applicable laws.

10. Compliance and Legal

10.1. Adherence to Law: Clients must comply with all applicable local, state, and national laws and regulations related to their event or engagement.

10.2. Indemnification: Clients agree to indemnify and hold Aruva harmless from any claims, damages, or liabilities arising from the Client's non-compliance with this policy or any damages resulting from safety issues regarding the Rental Partner's equipment or deployment.

11. Intellectual Property Rights

11.1. Ownership: All content, trademarks, logos, and intellectual property displayed on the Aruva platform are the exclusive property of Aruva or its licensors. Clients may not use, reproduce, distribute, or create derivative works from any platform content without explicit written permission from Aruva.

11.2. Client Content: Clients grant Aruva a non-exclusive, worldwide, royalty-free license to use, display, and reproduce any content (e.g., event descriptions, reviews) submitted by the Client on the platform for the purpose of operating and promoting Aruva's services. Clients warrant that they have all necessary rights to grant such licenses.

11.3. Artist Content: Clients acknowledge that all intellectual property rights related to the Artist's performance, original works, and profile content remain with the Artist or their respective rights holders. Clients may not record, reproduce, or distribute Artist's performances without explicit prior written consent from the Artist and any relevant rights holders.

12. Disclaimers and Limitation of Liability

12.1. "As Is" Basis: The Aruva platform and its services are provided on an "as is" and "as available" basis, without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

12.2. No Guarantee of Performance: Aruva does not guarantee the continuous, uninterrupted, or error-free operation of the platform, nor does it guarantee the success or outcome of any booking.

12.3. Artist Vetting: While Aruva takes reasonable steps to verify Artist profiles, Aruva does not endorse or guarantee the quality, safety, legality, or suitability of any Artist or their services. Clients are solely responsible for conducting their own due diligence before booking Artist.

12.4. Limitation of Liability: To the maximum extent permitted by applicable law, Aruva shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (c) any content obtained from the services; or (d) unauthorized access, use, or alteration of your transmissions or content.

13. Termination of Account

13.1. Termination by Aruva: Aruva reserves the right, in its sole discretion, to suspend or terminate a Client's access to the platform and services, or any portion thereof, at any time, with or without notice, for any reason, including but not limited to:

• Breach of this policy or any other Aruva terms and conditions.
• Engagement in prohibited activities.
• Non-payment of fees.
• Inactivity of account for an extended period.
• Any conduct that Aruva deems harmful to its business, reputation, or other users.

13.2. Effect of Termination: Upon termination, all rights granted to the Client under this policy will immediately cease. Aruva may delete any Client content associated with the terminated account. Termination does not relieve the Client of any outstanding payment obligations.

14. Governing Law and Jurisdiction

14.1. Governing Law: This policy and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

14.2. Jurisdiction: Any legal action or proceeding arising out of or relating to this policy shall be exclusively brought in the competent courts located in [Specify City/State, e.g., New Delhi, India].

15. Policy Updates

15.1. Aruva reserves the right to modify or update this policy at any time without prior notice. Any changes will be effective immediately upon posting on the Aruva website. Clients' continued use of the platform after such modifications constitutes acceptance of the revised policy.