Terms and Conditions of Agreement for LEVILE Limited. These Terms and Conditions were last updated in June 2019. LEVILE Limited acts as an Employment Agency providing a work seeking service under the following Terms and Conditions.
1. Definitions and Interpretation In these terms and conditions of contract for services: “Agency Worker”, “You”, “Work Seeker”, “Artistes” mean members of the public who use the Talent Talks website to build a profile and search for work. These are also members of the public who are supplied by LEVILE to work temporarily under the supervision and direction of Production Companies. “We”, “Us”, “Our”, “LEVILE” and “The Company” all mean LEVILE Limited or it’s employees. “Potential Hirers”, “Clients” and “Production Companies” are individuals or companies that liaise with us, or use the LEVILE website directly, to find the ideal people for their shoots and Productions. “Production Users” are registered individuals who have been authorised by us to gain access to the LEVILE website. Access allows them to search, view and book people and view profiles on the online publication.
2. Acceptance of Terms and Conditions The following are the terms on which we offer you access to our site and services. If you wish to use the LEVILE website, either as an artiste, registered or otherwise, or as a Production employee, you agree to be bound by these Terms & Conditions. If you object to any part of these Terms and Conditions, please do not use the Talent Talks website.
3. Changes to Terms and Conditions From time to time LEVILE may change the Terms and Conditions and these will be effective immediately upon updating. You are responsible for ensuring you are up to date with the latest Terms and Conditions.
4. Eligibility You must be eligible to work in the UK. Please only create a profile on the LEVILE portal if you can supply evidence of eligibility to live and work in the UK on request. We advise you to add your National Insurance number to your profile. Artistes must submit a copy of the Artiste’s passport / immigration documents to the Production Office via LEVILE Ltd if so requested. You are engaging with LEVILE as a self-employed individual and as such shall be responsible for making all deductions from payments received from us and making all payments necessary under any legislation. You must ensure that all such deductions are accounted for. You are not employed by LEVILE.
5. Our Service LEVILE sources work through the following types of assignments; Film and TV, Music Promos, Corporate Videos, Online Viral, Promo Work, Commercials, Voice Overs and Photo Shoots. All work will be paid at an agreed rate, either hourly, half day, full day or buy out rate, unless otherwise stated. Appropriate usage fees are paid if necessary. LEVILE acts as an agent and helps source work. It is at the discretion of the artiste whether to accept any work on offer. Whilst LEVILE expects you to attend any agreed work, you are under no obligation to accept it in the first instance. LEVILE is not responsible for the content, and makes no guarantees as to the accuracy of the advertisements. Users should always use their own judgement in deciding whether to apply for any opportunities advertised. We provide our service for the purposes of providing listings for shoots, castings and auditions with third party advertisers and Production Companies. We shall not be liable under any circumstances for the actions of any advertiser of any role featured on the LEVILE website. LEVILE is not responsible for you being successful in your applications. We will give you the platform, advice and opportunity to be successful. However, ultimately the activity on your profile and choices by the Production Companies will determine your success. We recommend that you become familiar with all the information provided on the FAQ Page. All paying users feature in our online publication. This is an ever-changing base, which allows LEVILE and pre-agreed Production users to search, suggest, source and select ideal people for Productions.
6. Fees The fees payable in respect of the service shall be those fees set out via email. We reserve the right to alter fees or introduce new terms, charges or structures at any time. The correct fees are the ones stated on the LEVILE email at the time of viewing or agreed via email. If you feel there is an anomaly, please contact email@example.com. The work seeker is entitled to receive a full refund of the fees paid if the agency worker’s profile is not made available to potential hirers within 60 days from the date on which payment is made by the work seeker. It is however your responsibility to complete your profile in its entirety.
7. Payments LEVILE is authorised to receive payment from Production Companies on behalf of agency workers, and unless there is a prior agreement with the Production Company, LEVILE will pay you for any shoots you attend within 30 days. Following the shoot, LEVILE will invoice the Production Company on your behalf, and once payment has been received from the client and cleared into our bank account, we will pay you by the end of the 23rd of each month. If for any reason we cannot pay within this timeframe, you will be contacted to let you know that we have received the money, why the money is being held and when you can expect to be paid. If you give us incorrect bank details or do not inform us of new bank details, LEVILE is not responsible for the delay in payment or any fees that may be charged to you. LEVILE is not obliged to pay you again if the first payment made by us is not returned. LEVILE may take a commission from all payments. This commission will usually vary from 0% to 20% plus 20% VAT and is non-refundable. The commission fee is deducted from the agency worker’s fee once payment is received. The exact payment that you will receive will always be clear before the work is agreed. We highly recommend you become familiar with the commission structure on our FAQ Page. Should commission be more than 20% plus VAT, you will be contacted to explain the details. If payment is not made by a client for whatever reason, including those of going into liquidation or administration,LEVILE is not responsible to pay you for any money owed. In such an event, LEVILE will endeavour to recover the money wherever possible and provide advice.
8. Breach or Termination of account LEVILEvreserves the right to terminate any users of the LEVILE website, without reimbursement, if we deem your behaviour inappropriate or detrimental to the interests of LEVILE.
9. Cancellations If you wish to end your representation with LEVILE, please write to us at the address on the ‘Contact Us’ website page. We would appreciate it if you could detail why you want to cancel, as this will help us improve our services for other users. Each user has the right, without detriment or penalty, to cancel or withdraw from LEVILE with immediate effect by informing the agency of such cancellation or withdrawal during the relevant cooling off period of 30 days.
10. Declaration of Criminal Record and Convictions – Spent and Unspent If, at any point in your past, you’ve been in trouble with the police, it’s possible that you have a criminal record. If you’ve been found guilty, or pleaded guilty in a court, you definitely have a criminal record. It is your responsibility to inform LEVILE about all of your cautions and convictions, both unspent and spent. By declaring them to LEVILE this does not necessarily mean that we will not book you on jobs, however some clients do DBS checks and some clients require people to not have any Criminal history. Part of having a profile with LEVILE is that you must declare anything of this nature.
11. Tax Returns & HMRC As working via LEVILE is classed as Self Employed, paying your Tax and National Insurance is your own responsibility. LEVILE is not responsible for ensuring you complete your tax returns in full and on time. Subsequently LEVILE is not liable for any financial penalties that HMRC enforce upon you. The exception to this is when Production Companies put artistes on a long term or high value contract. In this case they are treated as PAYE employees of the Production Company. If this does happen, 15% commission of earnings (plus VAT) is payable to LEVILE. Prior to April 2014, it was the case that self-employed entertainers were automatically treated as employees for NICs (National Insurance Contribution) purposes, and therefore the employer was liable to deduct employee’s NICs at source and also to pay employer’s NICs. However, since the Social Security Categorisation of Earners Amendment Regulations 2014 came into force in April 2014, such entertainers are always treated as self-employed. Therefore neither LEVILE nor the Production Company will be obliged to pay employers NICs at source, and the work seekers will be responsible to pay all NICs, at the self employed rates, directly to HMRC.
12. Sharing your content and information Any information, photos, videos and any content submitted by you through this website may be read and used by LEVILE for marketing purposes. Your LEVILE profile is viewable by you under your Log In. Employees of LEVILE have the authority to change the information as they see fit to improve your chances of being successful in applications. Authorised Production users can also view your account to view your profile after you apply for a job. These are external users that we allow access to our Talent Directory in order to hand pick people for particular roles. These users cannot see your contact number; address or postcode and cannot edit your account. LEVILE recommends that you familiarise yourself with the application process and how you may be selected for a position. This can be found on the FAQ Page. Your information may be utilised for LEVILE marketing purposes. Your profile has fields for you to complete your Name, Email, Address, Phone Number and Social Media Channels which we need for tasks including Bookings, Job Release Updates, Financial Administration and LEVILE related communication. Your LEVILE profile or any shoots in which you may take part, may appear in Internet search engines and on our Social Media.
13. Partners LEVILE actively searches for Partners with the aim of bringing further benefits to our users. Your information may be shared with them in order for them to offer you goods and services exclusive to LEVILE. Any promotions/vouchers/services that you purchase through LEVILE, with any of our partners, are subject to their own individual Terms & Conditions, but will be listed at the time of purchase.
14. Privacy We will not sell or allow non-partner third parties to access your personal information without your consent. However, you agree that LEVILE may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) where the law requires us to do so.