TERMS & CONDITIONS

T’s & C’s

TERMS AND CONDITIONS

  1. TERMINOLOGY

New Era Agency– hereinafter referred to as “NEA”

“Contractor” refers to all individuals who have signed up to New Era Agency.

“Client/s” refers to individuals who contact New Era Agency requesting contractors for (but is not limited to) modeling, campaigns, promotions or events.

  1. NATURE OF SERVICE

2.1 NEA is a staffing agency. We provide staff for various campaigns, events, promotions, castings. You can register with NEA and be added to our data base so that we may contact you for work. You will be selected based on each clients requirements for a specific campaign. NEA will contact you for your availability for each campaign/event and send your profile through to our clients so that they may approve you based on the specifications of each campaign/event. You have been booked upon a confirmation email sent to you by management. NEA thus acts as an intermediary agent, negotiating a fee from the prospective client on behalf of the individual, taking a commission for the process

2.2 By signing up to the NEA data base, NEA cannot guarantee work as this is based solely on client discretion. For this reason, it is important to sign up with good quality pictures that represent you in the best possible way.

2.3 NEA shall select the contractor in the capacity of a (but is not limited to) Brand Augmenter™, reporting to any individual as directed by management.

2.4 The contractor agrees that his/her services are at all times subject to the terms of this agreement.

2.5 The contractor agrees that he/she understands that the nature of his/her service is such that it is based on an “if and when necessary” basis and at all times subject to the client/s operational requirements.

2.6 The contractor acknowledges that no expectation of permanent employment is created by this agreement.

2.7 The contractor further understands that the client’s operational requirements may change from time to time.

2.8 The contractor acknowledges that the promotions/events/campaigns may take place at any time and at any venue and the contractor will be responsible for duties specifically related to his/her position as communicated by management, which may change from time to time.

  1. REGISTRATION

In order to register as a contractor to NEA:

3.1 The contractor agrees that he/she is at least eighteen (18) years of age and is entitled to legally work in South Africa.

3.2 The contractor agrees that by signing up/using this website/accepting the terms and conditions – he/she shall be held to all the terms and conditions of this agreement.

3.3 The contractor acknowledges that by signing up to this website, the contractor is required to provide NEA with specific information.

3.4 The contractor agrees to provide NEA with information that is accurate in all of the required fields of the sign up form.

3.5 The contractor acknowledges that he/she is only allowed to register once.

3.6 The contractor acknowledges that an incomplete profile will be removed from our database.

3.7 The contractor agrees to update NEA of any changes regarding contact information, residential information, measurements and changes in appearance (images).

3.8 The contractor agrees to upload appropriate images that are of a professional and tasteful nature. No nude or revealing photos will be accepted. Your profile will be removed from our database.

3.9 The contractor agrees that all images submitted are a true representation of him/her and his/her likeness.

3.10 The contractor agrees that all information and images are of a non-discriminative nature.

3.11 The contractor acknowledges that the submission of his/her photos are required and may or may not be used for (but not limited to) castings for photo shoots, runway shows, promotional campaigns.

3.12 The contractor agrees that by submitting any image to this website, the contractor warrants that he/she is the sole copyright holder.

3.13 The contractor understands that NEA or its service providers cannot be held liable in the event of our servers being compromised by any means not under NEAs control or brought upon unintentionally by NEA.

3.14 The contractor agrees that by allowing his/her image to be sold he/she certifies that he/she controls the legal rights and relevant permissions necessary to display this image.

3.15 The contractor agrees that by submitting his/her images, he/she grants NEA a non-exclusive right to store, copy, resize, distribute, display, transfer and access these files on the NEA website; at the sole discretion of NEA where necessary; including but not limited to, website operational requirements, adding of a watermark, using images to promote NEA.

3.16 The contractor acknowledges that all profile entries become the exclusive property of NEA. NEA reserves the right to use all information contained herein. NEA may edit or update information at any time.

  1. CONTRACTOR CONDUCT AND DUTIES

As a contractor of NEA, the contractor shall:

4.1 At all times act in good faith towards NEA and must reveal this in your actions/conduct and must serve NEA to the best of your ability.

4.2 Not be entitled or authorised to on behalf of NEA, accept any contractual liability whatsoever or to give any undertakings on behalf of NEA.

4.3 Declare to NEA without delay, should an actual or potential conflict of interest develop at any stage during the existence of this agreement.

4.4 Use the assets of NEA entrusted to you with the utmost care.

4.5 Return all goods, uniforms, devices, elements and any other item that you have received during your term of service in good condition, otherwise you will be held liable for the replacement cost thereof.

4.6 Comply with all directives given to you by NEA.

4.7 Abide by bona fide work practices in his/her relationship with NEA and/or its client/s, and/or all clients serviced by the contractor.

4.8 The contractor agrees to devote his/her time, attention and abilities while on duty.

4.9 The contractor agrees to undergo or attend any training or other courses required by NEA or its client/s from time to time.

4.10 The contractor agrees to use his/her best endeavours properly to conduct, improve, develop, extend, promote, protect and preserve the business interest, reputation and goodwill of NEA and its client/s.

4.11 The contractor agrees to carry out his/her duties in a proper, loyal and efficient manner.

4.12 The contractor agrees to industrial peace in NEA.

4.13 Perform all such duties and exercise all such powers in relation to the business of NEA.

4.14 The contractor agrees to not incite or attempt to induce any other contractor of NEA to partake in any form of industrial or collective action considered by the common law or legislation applicable from time to time to be prohibited, unfair or unlawful.

4.15 The contractor agrees to commit himself/herself to industrial peace in the business of NEA.

4.16 The contractor agrees to subject himself/herself to searches or any other investigations carried out by NEA from time to time, in respect of issues relating to safety, security, discipline and loss control.

4.17 The contractor agrees to undergo any medical or other examination required by NEA from time to time, in circumstances where NEA wishes to ascertain the state of mental or physical health of the contractor.

4.18 The contractor acknowledges that the intake of alcohol or drugs of any kind whilst on duty is an IMMEDIATE dismissible offence.

4.19 NEA shall provide the contractor with the following:

(i) A uniform, where and when required by client; Only to be used while the contractor is on duty.

(ii) Any other tools, devices, elements or technology require to effectively execute the relevant campaign. These devices are not to be used for personal use.

As a result of the contractor being provided with the above-mentioned, the contractor will be required to take special care of any items provided by NEA or its client/s. Therefore, the contractor irrevocably agrees and consents that, in the event that any of the above-mentioned items are damaged/lost/stolen for any reason whatsoever, the contractor will be liable for the cost of replacing these items.

  1. WORKING HOURS AND TIMES

5.1 The contractor will be notified approximately 24 – 48 hours in advance of a campaign, except in the event of an emergency or any similar situation beyond the control of NEA.

5.2 The contractor has to notify NEA at least forty eight (48) hours in advance if he/she cannot or will not be available to complete his/her duties once a job has been booked.

5.3 If the contractor cancels within 48 hours of a promotion, after having been confirmed for a promotion, the contractor will be held liable for penalties, financial or otherwise

5.4 The contractor acknowledges that should a promotion/even be cancelled by our client/s due to any unforeseen circumstances, NEA shall not be held liable for any potential earnings thereof.

5.5 The contractor acknowledges that he/she is only booked/confirmed to work once he/she has received a “CONFIRMATION EMAIL” containing all the relevant details for an event/campaign.

  1. PAYMENT

All payments to the contractor shall be made (thirty) 30 days after an event/campaign (unless otherwise specified), subject to the following:

6.1 The contractor will be paid a specific rate per hour, which will depend on the relevant job and client.

6.2 The contractor submits an invoice after the event/campaign along with all other required supporting documentation:

6.3All invoices are to be printed, filled in, scanned and emailed to out accounts department with the subject heading being your full name and surname.

6.4 Invoice and sales figures being verified and validated by the relevant manager/supervisor.

6.5 Completed invoices are sent on time to our accounts department – accounts@newera.agency within 30 days after the event/campaign has taken place.

6.6 Payments will be made directly to the contractors’ nominated bank account.

6.7 NEA shall not be held liable for any late invoice submissions or incorrect/unsigned invoice submissions that result in non payment.

The contractor agrees that NEA shall be entitled to deduct from your earnings any sums which you owe to NEA, including without limitation, any:

  • Over-payments;
  • Loans made to the contractor;
  • Any amount due in terms of legislation, a written agreement, court order or likewise;
  • Cancellation of a shift/s within less than 48 hours
  • Wearing the wrong uniform while on shift / untidy appearance
  • Unprofessional behavior (use of foul language, not performing to the best of your ability)
  • Losses suffered by NEA as a result of your negligence or breach of this agreement or company policies and procedures;
  • This may include late or unauthorised submission of approved company expenses, the non-return/damage of business equipment.
  1. CONTRACTOR PERFORMANCE

If NEA or its representative (including an especially appointed Control Agency) perform an unannounced visit to an event location and:

7.1. The contractor is not present; then the respective contractor will no longer be used for projects by NEA and shall not be entitled to any outstanding payment for each such situation.

7.2. The contractor doesn’t wear the correct uniform as set out in the brief, then the contractor will be notified and shall not be entitled to any outstanding payment for each such situation.

7.3. The contractor is not behaving as instructed at the relevant training or supervisor briefing, then the contractor will no longer be used for any promotion for NEA and shall not be entitled to any outstanding payment for each such situation.

7.4. The penalised behaviours include (but is not limited to);

  • the contractor not contacting a person from the target group,
  • not knowing the script,
  • not having the proper attitude,
  • leaving a promotion/event before the agreed time,
  • going on an unauthorized break,
  • smoking/alcohol consumption whilst on duty or in uniform, taking “selfies” whilst on duty or in uniform and uploading them to social media sites which could bring NEA or its client/s to disrepute.
  • not keeping in contact with management/being unreachable a day before as well as on the day of an event, etc.
  1. CONFIDENTIALITY

This Agreement shall be governed, interpreted and enforced in accordance with the laws of the Republic of South Africa;

8.1. The contractor acknowledges that he/she has no authority whatsoever to represent NEA in any capacity whatsoever, including the concluding of any contracts on behalf of NEA nor sign any documentation on behalf of NEA.

8.2. The contractor shall not during the subsistence of this agreement or for a period twenty four (24) months after the termination of this agreement disclose, use, divulge or communicate to any third party or to the media (including public announcements and press releases) regarding: (i) the existence of this agreement or any other agreements that the contractor may have access or knowledge to and (ii) any information and documentation that NEA may disclose to the contractor during the duration of this agreement.

8.3. The contractor shall be prohibited from reproducing and using any of NEA or any of its clients’ trade mark, trade name, logo or any other intellectual property, without obtaining the necessary prior written consent from NEA.

8.4. All copyright and intellectual property to any work and material, whether its worksheet, programs, process, created and / or produced by the contractor during the course of the provision and delivery of the services shall vest with NEA and the contractor undertakes to assign the copyright and intellectual property rights to such work and material to NEA upon request.

8.5. The contractor may only deal through NEA and not directly with any of its clients, unless prior written consent is obtained from NEA.

8.6. The contractor may not render any services, enter into any service level agreements (or any agreement of similar nature), provide quotations/ proposals or directly approach any client of NEA clients for services without the prior written consent of NEA.

8.7. The contractor shall not be entitled to cede and/or assign in any way whatsoever any of its rights and obligations without the prior written consent of NEA.

8.8. The contractor shall not, either during his/her agreement with NEA or at any time thereafter, unless the contractor has obtained prior written consent by NEA, directly or indirectly divulge or make known to any person any of NEA

’s confidential information, including but not limited to, information relating to the business of NEA, its customers and/or suppliers, turnover, costing, etc., that may have come to your knowledge at any time during your employment, whether before or after the signature hereof, nor may you make any unauthorized use of such confidential information at any time.

8.9. All confidential documentation and materials relating to the business of NEA its customers and/or suppliers, turnover, etc., coming into your possession during your employment will be the exclusive property of NEA and the contractor shall take all reasonable steps to prevent the publication or disclosure of such information or materials.

8.10. If the contractor has any doubt whether, for the purposes of this paragraph, you are authorized to disclose information to a particular person, or whether any information is confidential information, or whether any use of information is authorized, the contractor is obliged to obtain and abide by any decision of NEA.

8.11. In the instance of termination contractor services, the contractor is obliged to ensure that all confidential documents and materials of whatsoever nature (including copies thereof in the contractors possession or under the contractors control) are immediately returned to NEA.

8.12. The contractor is also obliged to notify NEA in writing of any abuse of the confidential information of NEA immediately that the contractor becomes aware of such abuse and to assist in remedying such abuse when required by NEA.

8.13. The contractor acknowledges that the aforesaid obligation shall remain in force indefinitely and notwithstanding termination of his/her services for any reason whatsoever.

8.14. NEA will take all necessary steps in ensuring that all contractor information is secure, however; In an unforeseeable event that our servers/systems are illegally accessed/compromised, NEA will not be held responsible for any such disclosure of personal information and/or images.

  1. TERMINATION OF SERVICE

9.1. NEA reserves the right to suspend or terminate a profile, at any given time without prior notice, in the event of, but is not limited to, a violation of terms and conditions of this or other agreements.

9.2. The contractor may terminate his/her profile at any time; subject to a written document, which needs to be sent to terminatemyprofile@newerabm.co.za. The contractors profile will be terminated after 30 days .

9.3. The contractor shall return all goods, uniforms, devices, elements and any other item that he/she has received during his/her term of service in good condition; otherwise the contractor will be held liable for the replacement cost thereof – financial or otherwise.

  1. FORCE MAJEURE

Neither party is liable for failure to perform, except with respect to payment obligations, solely caused by:

  • any act of God,
  • strikes,
  • lock outs,
  • any labour / industrial actions, fire, explosions, terrorist attacks, war (whether declared or not), civil war, coup d’etat ,invasion, any hostile acts of foreign enemies, riot, civil insurrection, military uprising, insurrection, rebellion, revolution, military or usurped power,
  • flood, earthquake, lightning, action,
  • unavoidable casualty,
  • delays in delivery of materials,
  • embargoes,
  • government orders,
  • acts by common carriers, emergency conditions (including weather conditions) incompatible with safety or good quality workmanship, or
  • any similar unforeseen event that renders performance commercially implausible.
  1. AGREEMENT IN RESPECT OF CLAIMS

The contractor agrees to indemnify and hold NEA, its employees, agents, subsidiaries, affiliates, contributors or other partners harmless from and against any and all claims, damages, obligations, demands, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of this website and/or from users violation of these Terms and Conditions of use or any third party’s rights including but not limited to copyright, property, and privacy rights whether the contractor is signed up to NEA/ user of this site. This indemnification and hold harmless obligation will survive these Terms and Conditions of Use and Your use of this Website.

No compensation shall be payable by NEA or its clients to any contractor or his/her dependants in the following circumstances:

  • If the death of the contractor occurs or any injury is sustained by the contractor in the course and scope of his/her service or, if not in the course and scope of this agreement, on any NEA premises or site; and / or;
  • Loss/damage of contractors personal belongings whilst on shift or in the working environment.
  • Transportation to an event/campaign (unless otherwise specified)
  • Travelling time spent on route to a promotion/event.
  1. BREACH/CONFLICT OF INTEREST

12.1. Any breach of any of the terms of this agreement shall be considered to be a material breach of this agreement and could carry the penalty of termination of the services of the contractor.

12.2. During the scope of the contractors service, he/she may not without the prior written consent of NEA be involved directly or indirectly in any interest of the same nature that constitutes or could constitute a conflict of interest between the contractor and NEA.

12.3. In the event of such a conflict of interest arising, the contractor hereby undertakes to disclose such interest to NEA forthwith and seek written approval in relation thereto.

12.4. The contractor shall not be entitled to be directly or indirectly contracted or in any way engaged by any other person or business concern or entity whatsoever, without the actual knowledge and prior written consent of NEA.

12.5. It shall be part of the normal duties of the contractor at all times to consider in what manner and by what new methods or devices the products, services, processes, equipment or systems of NEA with which he/she is concerned or for which he/she is responsible, might be improved, and promptly give NEA full details of any invention or improvement which he/she may from time to time make or discover in the course of his/her duties, and to further the interest of NEA’s undertaking with regard thereto.

12.6. Any such invention or improvement shall be the property of NEA and the contractor shall take all steps as may be necessary and reasonably required by NEA at the sole expense of NEA or associated company to procure that NEA obtains complete and exclusive legal title to any such invention or improvement.

  1. DISCLOSURE

The contractor is required to disclose and declare all outside or other interests that are or may potentially be in conflict with the interests of NEA. NEA may require the employee to refrain from such activities, which request he/she is obliged to observe.

The contractor is further obliged to disclose forthwith to NEA any of the following:

  • Any mental health or any medical deficiencies, conditions or any such circumstances which could detrimentally affect or in any way influence the contractors employment or the fulfillment thereof with NEA, as soon as the contractor becomes aware of the same;
  • Any criminal offence specified in Schedule 1 of the Criminal Procedure Act No. 51 of 1977 or any amendment or variations thereof from time to time, the contractor has been convicted of.
  1. NON-SOLICITATION OF EMPLOYEES AND CUSTOMERS

14.1. The contractor irrevocably undertakes in favour of NEA that it will not directly or indirectly, on their own account or on behalf of or in conjunction with anyone else, or in any other capacity, during their agreement with NEA and for a period of 24 (twenty four) months after termination of their agreement with NEA for any reason, solicit, entice or approach any customer, supplier and/or employee of NEA even if they to cease to be a customer, supplier or employee of NEA (as the case may be), or otherwise vary the terms of its/his/her relationship with NEA

14.2. The contractor acknowledges and agrees that the undertaking given by him/her in terms of this clause above is reasonable in its duration, area and scope of operation for the protection of the proprietary interests in NEA.

  1. COMPANY POLICY – INTERCEPTION OF COMMUNICATIONS

15.1. The contractor specifically acknowledges that, in terms of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002 (“the Act”), NEA is entitled to and does hereby reserve the right to intercept, monitor, read, filter, block and take any action in respect of any communication or communication-related information, as defined in the Act, transferred by and stored on any telecommunication system belonging to or under the control of or used or provided by NEA.

15.2. By agreeing to the above terms and conditions of this agreement, the contractor gives unconditional and irrevocable consent to such interception, monitoring, reading, filtering, blocking and any other action taken by NEA in respect of the above.

  1. MODIFICATION TO AGREEMENT

NEA reserves the right to modify or change these terms and conditions of use, effective immediately, and may do so with or without notice. Users of this website agree to periodically review these terms and conditions of use and to be aware of any such changes. If any such changes are deemed unacceptable to a contractor, the contractor may terminate his or her profile by emailing info@newera.agency.