Terms and Conditions – Paid Services

20261018112353-bff2bf · 2026-10-18 13:23:53

BANDCOM – General Terms and Conditions (GTC) for Paid Services

Last updated: 18 October 2026

§ 1 Platform Operator and Scope

(1) BANDCOM – The Music Network is a Europe-wide online platform for bands, artists, musicians, event organisers, booking agents, clubs and other participants in the music and events industry.

The operator and contractual partner for paid BANDCOM services is:

ESO Media

Owner: Thomas Tuchlinski

Blohmstr. 5

12307 Berlin

Germany

Email: info@bandcom.eu

Website: https://www.bandcom.eu

(2) These General Terms and Conditions apply to all paid services offered directly by BANDCOM to its customers. These include, in particular:

Paid advertising spaces and featured listings

Professional band and artist profiles

Enhanced profile and presentation features

Provision and use of band merchandise shops

Provision and use of ticket shops

Paid ticketing system functions

Additional modules, storage or service features

Future paid extensions of the platform

(3) The general BANDCOM Terms of Use also apply.

(4) Individual products may be subject to additional service descriptions and contractual conditions, which will be displayed before booking. Individually agreed terms take precedence where validly agreed.

(5) These General Terms and Conditions do not automatically govern purchase contracts between a band shop seller and their customers or between an event organiser and a ticket buyer. Such contracts are governed by the respective contractual terms of the parties involved and by mandatory statutory provisions.

§ 2 Contracting Parties and Eligibility to Book

(1) Paid BANDCOM services may be booked by registered members, provided that the respective function is available for their user role.

(2) Members must provide accurate information about their identity and, where applicable, their business when booking paid services.

(3) Anyone acting on behalf of a company, association, band or event organiser must be authorised to do so.

(4) Where BANDCOM offers certain services exclusively to traders or businesses within the meaning of Section 14 of the German Civil Code (BGB), this will be expressly indicated before booking.

(5) Mandatory consumer rights remain unaffected where a contract is concluded with a consumer.

§ 3 Services and Conclusion of Contract

(1) The presentation of paid services on BANDCOM provides information about the products and booking options available.

(2) Before a binding booking is made, the essential service characteristics, total price, applicable taxes and fees, contract duration, and cancellation and payment conditions will be displayed.

(3) A contract is concluded through the designated electronic ordering process and BANDCOM's acceptance of the booking.

(4) Receipt of an order will be confirmed electronically. A mere acknowledgement of receipt does not necessarily constitute acceptance of the contract.

(5) For paid orders placed by consumers, a legally compliant order button will be used, such as “Order with obligation to pay”.

(6) Members will receive the contractual information relevant to their booking in a form that can be stored, where required by law.

§ 4 Prices and Payment Terms

(1) The prices displayed for the respective service at the time of binding booking shall apply.

(2) Before booking, BANDCOM will indicate whether prices include statutory value-added tax or whether other information is required due to the applicable tax treatment.

(3) Additional fees will only be charged if they have been clearly disclosed before booking and validly agreed.

(4) Payment shall be made using the payment methods offered during the respective ordering process.

(5) External payment service providers, particularly PayPal, may be used to process payments. Their payment and usage terms shall additionally apply.

(6) The provision of a service may be conditional upon successful payment processing, provided this has been agreed before booking.

(7) In the event of late payment, statutory provisions shall apply. Further measures, such as temporarily restricting access to a paid function, shall only be taken to the extent legally permissible and contractually agreed.

§ 5 Contract Duration and Renewals

(1) Paid services may be offered as one-time bookings, fixed-term services or recurring subscriptions.

(2) The applicable contract duration will be expressly stated before booking.

(3) Automatic contract renewal shall take place only where validly agreed and compliant with applicable statutory requirements.

(4) Notice periods and termination options will be displayed before the contract is concluded.

(5) Where an electronic cancellation facility is legally required for a consumer contract, BANDCOM will provide it.

(6) The right to terminate a contract for good cause remains unaffected.

§ 6 Paid Advertising Spaces

(1) BANDCOM may offer advertising spaces, featured listings, premium placements and other paid promotional opportunities.

(2) Advertising services may appear on homepages, in search results, event listings, profile sections or other specifically designated areas.

(3) The advertising formats, placements, durations and prices specified at the time of booking shall apply.

(4) Where multiple advertisers use the same advertising area, advertisements may be displayed on a rotating basis, provided this forms part of the booked service.

(5) Booking advertising space does not establish any entitlement to a specific number of visitors, clicks, applications, sales or other commercial results unless such performance has been expressly guaranteed.

(6) Paid advertising placements will be clearly identified as advertising or sponsored content where legally required.

(7) Advertisers are responsible for the legality of their advertising content. This includes obtaining the necessary usage rights for images, trademarks, music, texts and other materials used.

(8) BANDCOM may reject or remove unlawful, misleading or non-compliant advertising content following an appropriate review.

(9) The legal consequences of such rejection or removal shall be governed by the respective contract and applicable law.

§ 7 Visibility, Search Results and Premium Placements

(1) BANDCOM may sort search results and directory listings according to various criteria. These may include search terms, music genres, location, distance, event date, recency and other filters selected by users.

(2) Paid premium placements may be highlighted or displayed in separate advertising areas independently of the regular sorting order.

(3) Such placements will be clearly distinguishable from ordinary search results.

(4) The main ranking parameters actually used and the significance of paid placements will be described transparently where required by applicable law.

(5) A paid placement does not entitle the customer to a particular ranking outside the agreed advertising area.

§ 8 Professional Band and Artist Profiles

(1) BANDCOM may offer paid professional profiles with enhanced presentation and customisation features.

(2) Depending on the booked service package, these may include:

Enhanced profile design

Dedicated image and media sections

Band biographies and press information

Gig and tour listings

Music and video integrations

Discography

Electronic press kits and technical information

Product presentations

Links to external websites

Additional features offered by the platform

(3) The product description displayed at the time of booking determines the specific scope of services.

(4) Members are responsible for the accuracy of their information and for holding the necessary rights to published content.

(5) Where a custom domain or external domain connection is offered, the technical requirements, additional costs and responsibilities will be specified separately.

(6) Upon expiry of the paid contract, the entitlement to the booked additional features ends. An existing free profile may remain available where supported by the platform.

(7) Before the end of the contract or the permanent removal of paid profile content, BANDCOM will inform members about available options for saving their own content, where technically possible and legally required.

§ 9 Band Shops and Product Shops

(1) BANDCOM may provide members with the technical ability to offer their own products through band shops or comparable shop functions.

(2) Depending on the scope of the service, products may include recordings, merchandise, clothing, fan articles or other permitted goods.

(3) Where BANDCOM merely provides the technical shop infrastructure, the purchase contract for the products offered is concluded directly between the respective seller and buyer.

(4) The seller is responsible in particular for:

Accurate product descriptions and prices

Legally required seller information

Tax information and invoicing

Shipping and delivery

Statutory warranty rights

Applicable rights of withdrawal

Customer service and complaints

Legality and safety of the products offered

(5) BANDCOM does not automatically become the seller of goods offered through member shops.

(6) The payment and settlement procedures actually offered will be explained within the respective shop function.

(7) Whether BANDCOM receives payments itself, facilitates them through a payment service provider or enables direct payment between buyer and seller depends on the payment model actually offered.

(8) Fees for shop provision, transactions or additional functions will be disclosed before a paid booking is made.

(9) BANDCOM may remove unlawful products and offers in accordance with the Terms of Use and applicable statutory provisions.

(10) Where statutory obligations to verify commercial sellers apply, relevant information and supporting documents may be required before a shop is activated.

§ 10 Ticketing System and Ticket Shops

(1) BANDCOM may offer event organisers, clubs and other authorised members the technical ability to publish events and sell admission tickets through a ticketing system or dedicated ticket shop.

(2) BANDCOM's paid service may consist, in particular, of providing, activating and enabling the use of these technical functions.

(3) Unless expressly agreed otherwise, the respective event organiser is the provider of the event and the contractual partner of the ticket buyer.

(4) The event organiser is responsible in particular for:

Accuracy of event information

Event date, venue and admission conditions

Ticket prices and ticket allocations

Required permits and authorisations

Organisation and safety of the event

Compliance with statutory information obligations

Refunds in the event of cancellation or rescheduling, where legally required

Statutory and contractual claims of ticket buyers

(5) BANDCOM does not automatically assume the role of event organiser by providing a ticket shop.

(6) Fees charged for the technical provision of a ticket shop will be disclosed before activation.

(7) Where additional transaction or payment fees apply, these will be transparently disclosed before a binding booking is made, in accordance with the payment model offered.

(8) The method of payment processing, identification of payment recipients and handling of refunds will be clearly defined in the respective ticket shop and supplementary contractual information.

(9) A technical ticket confirmation does not constitute any guarantee by BANDCOM that an event will actually take place beyond the services contractually agreed.

(10) In the event of cancellation or rescheduling, ticket buyers' claims shall be directed against the legally responsible contractual party. Mandatory statutory claims against BANDCOM remain unaffected where BANDCOM has itself assumed a corresponding obligation or is liable under applicable law.

§ 11 Ticket Buyers and Consumer Protection

(1) Where tickets are offered through BANDCOM, the essential terms applicable to the ticket purchase must be clearly identifiable before the purchase contract is concluded.

(2) These include, in particular, the responsible seller or event organiser, the ticket price including mandatory fees, the event date and any special admission conditions.

(3) For contracts concerning leisure activities scheduled for a specific date or period, the statutory right of withdrawal may be excluded under Section 312g(2)(9) BGB, provided the relevant legal requirements are met.

(4) The absence of a right of withdrawal does not mean that all statutory claims are excluded in the event of cancellation, rescheduling or failure to perform an event.

(5) Legally required information will be provided during the respective ordering process.

§ 12 Responsibility for Sales and Payment Flows

(1) BANDCOM distinguishes between fees charged for its own platform services and payments received by members for their own products or events.

(2) Fees for BANDCOM services are payable to ESO Media as the platform operator.

(3) Revenue from sales or ticket bookings belongs to the respective entitled seller or event organiser unless another legally permissible settlement model has been expressly agreed.

(4) Before the relevant function is used, BANDCOM will disclose which party receives payments, who bears the fees and how payouts are made.

(5) An entitlement to the payout of specific amounts exists only in accordance with the payment model actually agreed.

(6) BANDCOM may not receive or transfer third-party funds where a legally required authorisation is absent and no permissible exemption or appropriate payment service provider arrangement applies.

§ 13 Future Paid Modules

(1) BANDCOM may expand its range of services by introducing additional paid functions.

(2) These may include new presentation modules, enhanced booking functions, media and service offerings or additional administration tools.

(3) Before a binding booking is made, new modules will be described with their scope of services, price, duration and any special terms of use.

(4) The introduction of new modules does not automatically make previously free functions subject to payment or add paid extensions to existing contracts.

(5) Paid extensions to existing contracts require a corresponding valid agreement.

§ 14 Customer Obligations

(1) Customers must use paid BANDCOM services exclusively for lawful purposes.

(2) They must ensure that the content, products, events and advertising materials they provide do not infringe third-party rights.

(3) Commercial providers are responsible for fulfilling their statutory obligations towards customers and authorities unless BANDCOM expressly assumes those obligations itself.

(4) The use of BANDCOM for fraud, misleading advertising, unlawful product offers or other misuse is prohibited.

(5) Statutory duties to cooperate, provide information and submit evidence remain unaffected.

§ 15 Rights to Content

(1) Rights to images, texts, logos, music, videos and other content provided by customers generally remain with the respective rights holders.

(2) For the duration of the contract, the customer grants BANDCOM the non-exclusive rights necessary to provide the booked service.

(3) In the case of booked advertising services, this includes the agreed display and distribution of advertising content within the booked advertising spaces.

(4) Any use beyond the agreed services, particularly outside their scope, requires separate authorisation.

§ 16 Technical Availability and Maintenance

(1) BANDCOM endeavours to provide its paid functions reliably.

(2) Temporary restrictions may result from maintenance, technical disruptions, security measures or failures of external service providers.

(3) Unless a specific availability level has been guaranteed for a service, there is no entitlement to a particular technical uptime percentage.

(4) Statutory rights in the event of non-performance or defective performance remain unaffected.

(5) In cases of significant service disruptions attributable to BANDCOM, claims for remedial action, price reduction, reimbursement or damages shall be governed by the respective contract and applicable law.

§ 17 Changes to and Discontinuation of Paid Services

(1) BANDCOM may further develop its services technically, provided that existing contractual rights are not unlawfully impaired.

(2) Material changes to ongoing paid contracts shall be made only on an appropriate contractual or statutory basis.

(3) If a booked service is permanently discontinued, affected customers will be informed in good time unless compelling reasons prevent this.

(4) Fees already paid for services not provided will be handled in accordance with contractual and statutory provisions.

§ 18 Right of Withdrawal for Consumers

(1) Where a customer concludes a distance contract for a paid BANDCOM service as a consumer, the statutory provisions concerning the right of withdrawal apply.

(2) Where a statutory right of withdrawal exists, the consumer will receive the required withdrawal instructions and the statutory model withdrawal form before the contract is concluded.

(3) Early commencement of service provision and any possible expiry of the right of withdrawal are governed exclusively by the applicable statutory requirements.

(4) Mere acceptance of these General Terms and Conditions does not replace any separate declaration legally required from the consumer.

(5) Special statutory exceptions may apply to individual ticket purchases, as described in § 11.

§ 19 Termination and Consequences of Contract Expiry

(1) Ordinary termination is governed by the agreed contract duration and the cancellation conditions communicated before the contract was concluded.

(2) The right to terminate for good cause remains unaffected.

(3) After the contract ends, BANDCOM may terminate access to the relevant paid functions.

(4) Existing free membership functions generally remain unaffected unless other legitimate reasons justify restrictions.

(5) The handling of stored content and data is governed by the relevant contractual conditions, statutory provisions and the Privacy Policy.

(6) Where possible, customers will be given an opportunity to save their own data before its permanent removal.

§ 20 Liability

(1) BANDCOM is liable without limitation for intent and gross negligence, as well as for damage resulting from injury to life, body or health.

(2) In cases of slightly negligent breaches of material contractual obligations, liability is limited to foreseeable damage typical of the contract, to the extent permitted by law.

(3) Liability under mandatory statutory provisions remains unaffected.

(4) BANDCOM is not liable solely because it facilitates the relevant booking or contact through the platform for the performance of third-party events or the fulfilment of third-party purchase contracts.

(5) BANDCOM's own statutory obligations or contractual commitments expressly assumed remain unaffected.

§ 21 Data Protection

(1) Personal data is processed in accordance with applicable data protection legislation.

(2) Further details are provided in BANDCOM's Privacy Policy.

(3) The use of shops, ticketing functions and other modules may give rise to additional data protection responsibilities.

(4) Where members themselves process personal customer data, they must comply with the applicable data protection obligations.

(5) Where BANDCOM processes personal data on behalf of a member, separate agreements under Article 28 GDPR will be concluded where required.

§ 22 Amendments to These General Terms and Conditions

(1) BANDCOM may amend these General Terms and Conditions for the future for objective reasons, particularly changes in legal requirements or the services offered.

(2) Changes to existing contractual relationships will be made only in accordance with the applicable statutory requirements.

(3) Where necessary, affected customers will be informed of changes before they take effect and will be granted the rights provided by law.

(4) New versions of these General Terms and Conditions will not apply retroactively to existing contracts without an appropriate legal basis.

§ 23 Applicable Law and Disputes

(1) German law applies, without prejudice to mandatory consumer protection provisions of the country in which a consumer has their habitual residence.

(2) Mandatory statutory rules on jurisdiction remain unaffected.

(3) Disputes between BANDCOM and its customers are subject to the applicable statutory procedures and jurisdictional rules.

(4) Where statutory complaint or dispute resolution procedures are required for particular platform services, these will be provided accordingly.

§ 24 Final Provisions

(1) Individually agreed terms take precedence over these General Terms and Conditions.

(2) Should any provision of these General Terms and Conditions be or become invalid, the applicable statutory provisions shall apply in its place. The validity of the remaining provisions shall remain unaffected to the extent provided by law.

(3) The current version of these General Terms and Conditions is available on BANDCOM.

(4) The contractual conditions applicable at the time of conclusion of the contract will be documented and made available in accordance with statutory requirements.

§ 25 Contact

BANDCOM – The Music Network