General Terms and Conditions

ÉLANCE – Yana Bykova
Gladbacher Str. 63, 40219 Düsseldorf
hello@elance-agency.de
As of: 2025

§ 1 Scope and Definitions

(1) These Terms apply to all services provided by ÉLANCE (owner: Yana Bykova) to:

• Clients: companies or individuals seeking self-employed event professionals
• Talents: self-employed event and trade fair professionals using placement services

(2) ÉLANCE operates a placement platform. ÉLANCE merely establishes contact between client and talent. ÉLANCE is at no time a party to the service contract concluded between client and talent.

§ 2 Description of Services

(1) ÉLANCE's services are limited to:

1. Receiving staffing requests from clients
2. Selecting suitable talents from the ÉLANCE network
3. Presenting a curated selection to the client
4. Establishing initial contact between client and selected talent

(2) ÉLANCE is expressly NOT:

• The employer of the placed talents
• A contractor to the client
• A contracting party to the service relationship
• Responsible for the performance of the talents
• Responsible for employment or social security matters

ÉLANCE does not exercise any authority over the placed talents. Professional and personal authority rests exclusively with the client under the contract concluded directly with the talent.

§ 3 Legal Independence of Talents

(1) All talents placed through ÉLANCE are self-employed entrepreneurs or freelancers. They are not in any employment, hiring, or employee-like relationship with ÉLANCE.

(2) Talents are personally responsible for:

• Their business or freelance registration
• The tax treatment of their income
• Their health, pension, and other social insurance
• Obtaining necessary insurance (e.g., professional liability)

(3) By applying to ÉLANCE, talents expressly confirm that they are self-employed and hold a valid business or freelance registration.

§ 4 Obligations of the Client

(1) The client undertakes to:

1. Provide complete and truthful information about their requirements
2. Conclude a legally binding service contract directly with the talent
3. Ensure that cooperation with the talent complies with applicable laws — particularly regarding the prohibition of bogus self-employment
4. Not to engage the talent in a manner that could constitute a social-insurance-obligatory employment relationship

(2) The client shall indemnify ÉLANCE against all third-party claims arising from unlawful cooperation with the talent.

§ 5 Obligations of Talents

(1) Talents expressly warrant:

1. That they are self-employed and authorized to provide the offered services
2. That they hold all required business registrations
3. That they have provided complete and truthful information about their experience and qualifications
4. That they fulfill their tax and social insurance obligations independently

(2) Talents are obligated to inform ÉLANCE immediately if they are no longer self-employed.

§ 6 Limitation of Liability

(1) ÉLANCE is not liable for:

1. The quality, reliability, or conduct of placed talents
2. Damages arising from the direct cooperation between client and talent
3. Non-performance or poor performance of services agreed between client and talent
4. Damages caused by cancellation or no-show of a placed talent
5. Employment, social insurance, or tax consequences from the cooperation between client and talent

(2) ÉLANCE's liability is limited to cases of intent and gross negligence. Liability for slight negligence is excluded to the extent permitted by law.

(3) Client and talent are solely responsible for ensuring that their cooperation does not constitute bogus self-employment.

§ 7 Remuneration

(1) The terms of the placement fee are agreed individually and communicated separately.

(2) ÉLANCE issues invoices without VAT pursuant to § 19 UStG (small business regulation).

(3) The talent's remuneration is agreed and settled directly between client and talent.

§ 8 Data Protection

The processing of personal data is carried out in accordance with our Privacy Policy, which is available on our website.

§ 9 Final Provisions

(1) The law of the Federal Republic of Germany applies.

(2) The place of jurisdiction for all disputes is Düsseldorf, provided the contractual partner is a merchant.

(3) Amendments and supplements to these Terms require written form.

(4) Should individual provisions of these Terms be invalid, the validity of the remaining provisions shall remain unaffected.