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TERMS & CONDITIONS

TERMS AND CONDITIONS

This agreement applies to the services provided by PlayerTrader Global Limited, a company registered in England, number 11021732, whose registered office is Third floor 207 Regent Street London W1B 3HH (“PlayerTrader”). This agreement covers the all conditions of membership and usage by all Users as set out herein. By registering and signing up with Player Trader and using the Platform the User agrees to abide by this agreement.

 

  1. Definitions and Interpretation
    1. The definitions and rules of interpretation in this clause apply in this agreement.
      • Agent” football agent or any other person(s) or entity that represents Players.
      • Club” a football club that operates in an organised league anywhere in the world.
      • Agreement” means these Terms including any agreement, letter of intent, contract, letter of intent, and any schedules, variations and amendments agreed between the Parties.
      • Fees” the fees payable by the User to PlayerTrader for the Services as set out in clause 6.
      • Intellectual Property Rights” patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
      • Platform” playertrader.comor other media or advertising format that PlayerTrader uses to showcase Player profiles.
      • Player” a person seeking paid employment as a footballer.
      • Services” the subscription services provided by PlayerTrader to the User under this agreement via playertrader.comor any other website notified to the Customer by PlayerTrader from time to time.
      • Scout” a football scout, independent of PlayerTrader, who attends football matches to find or evaluate football players on the behalf of the Clubs.
      • User” is defined in these terms as anyone using the site including parents of players.
      • User’s Data” the data inputted by the User for the purpose of using the Services or facilitating the User’s use of the Services.
    2. Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
    3. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality).
    4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
    5. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
    6. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
    7. A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this agreement.
    8. A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this agreement under that statute or statutory provision.
    9. A reference to writing or written includes e-mail.
    10. References to clauses and schedules are to the clauses and schedules of this agreement; references to paragraphs are to paragraphs of the relevant schedule to this agreement.
  2. The Platform
    1. The Platform enables Players to:
      1. showcase their talent through uploading of videos and personal profiles; and
      2. book a scout
    2. The Platform can be used by Players, Clubs, Agents and other interested parties who seek to employ a Player.
    3. The Users acknowledge that PlayerTrader does not guarantee results.
  3. Services
    1. PlayerTrader shall, during the term of this agreement, provide Users access to the Platform, which includes:
      1. showcasing the Player; and
      2. giving the Player or, in the case of a Player who is under 18, the Player’s parent to book a Scout.
    2. The Player agrees:
      1. to create his or her profile and accepts all responsibility for setting up and updating that profile, including ensuring the information in the profile is accurate;
      2. that PlayerTrader cannot guarantee a Player will receive a professional or semi-professional contract;
      3. that he or she 18 years old or over;
    3. Where a Player uses the Platform and goes with another Agent then the Player agrees to pay PlayerTrader the equivalent fee paid to that Agent for any professional contract signed within a period of 3 months following the date of termination.
    4. Where a Player terminates or removes their details for the Platform then the Player will be bound by the provisions of clause 3.3 for a period of three months. Where a Player terminates and signs for a Club within that period then any fee due as set out in this agreement will still be due to PlayerTrader.
  4. Professional Contracts
    1. If the Player is offered a professional contract with a Club, the Player will enter into the FA Standard Player/Intermediary Representation Contract with PlayerTrader (available at http://www.thefa.com/football-rules-governance/policies/intermediaries/representation-contracts) and PlayerTrader shall represent the Player for a period of 2 years and shall receive a commission amounting to 5% of the Player’s Income.
    2. PlayerTrader will only take fees when the Player get to step Four (4 ) in the English league system or any Pro or Semi pro contract over the sum of five hundred £500 pounds per week (or the equivalent rate of pay at the exchange rate at time of signature in any currency not 3STG);or any equivalent professional league in the World that pays more than £500 per week.
  5. Sign Up Agents, Clubs
    1. Agents and Clubs agree, that by signing up to the Platform that PlayerTrader has first refusal on representation of any Player represented on the Platform sae for any agreement whereby a Player is on the Platform under representation and has a separate agreement with Player Trader.
    2. Agents who sign up and sign a representation contract for an unrepresented Player who subscribes to the website agree to pay 50% of any Agent’s fees earned from any contract including any signing on fees and endorsement achieved with in the period of the first contract unless otherwise agreed in writing.
    3. Clubs who sign up and sign a representation contract for a Player who subscribes to the website agree to pay 50% of any contract value including any signing on fees and endorsement achieved with in the period of the first contract unless otherwise agreed in writing.
  6. Charges And Payment
    1. The User making payment to PlayerTrader must be of age 16 or over.
    2. The User’s payment details will be requested at the time of booking and payment will be collected when the User makes a booking. PlayerTrader uses a third-party payment processor acquired.comand it will store the User’s payment details.
    3. Full payment of the Scouting assignment is due at the time of booking the Scout. The fee belongs to the Scout who provides the Professional Service. PlayerTrader, as the Independent Scout agent, collects or arranges for a third party to collect on its behalf, the fee from the User. PlayerTrader’s receipt of the fee in full will discharge the User’s debt to the relevant Scout in respect of that booking.
    4. In consideration for the costs and resources incurred by PlayerTrader in providing a service as intermediary between Player / Scout, 30% of the scout booking fee shall be paid to PlayerTrader
    5. PlayerTrader is appointed by the Scouts to conclude bookings on their behalf as their commercial agent. Once the User’s booking for the Scout is accepted by PlayerTrader on behalf of the Scout, the User will receive confirmation of the User’s appointment from PlayerTrader by email.
    6. By making a booking, the User will also be responsible for ensuring that the Scout has all the details of the game in which the Player will be playing in and access to the football pitch, which must, in all cases, represent a suitable space in which the Service can be performed.
  7. Confidentiality
    1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by Clause 7.2.
    2. Each party may disclose the other party’s confidential information:
      1. to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this Clause 9; and
      2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    3. No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
  8. Intellectual Property Rights
    1. All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in the User Data) shall be owned by PlayerTrader.
    2. The User grants PlayerTrader a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the User to PlayerTrader for the term of this agreement for the purpose of providing the Services to the User.
  9. Termination
    1. Without affecting any other right or remedy available to it, either party may terminate this agreement by giving the other party 14 days written notice.
    2. Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if:
      1. the other party commits a material breach of any term of this agreement and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so;
      2. the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
      3. the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under this agreement has been placed in jeopardy.
    3. Without affecting any other right or remedy available to it, PlayerTrader may suspend the supply of Services under this agreement or any other contract between the User and PlayerTrader if the User fails to pay any amount due under this agreement on the due date for payment, the User becomes subject to any of the events listed in Clause 9.2(b) to Clause 9.2(c), or PlayerTrader reasonably believes that the User is about to become subject to any of them.
  10. Consequences of Termination
    1. On termination of this agreement the User shall immediately pay to PlayerTrader all of Player Trader’s outstanding unpaid fees in respect of Services supplied.
    2. Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of this agreement which existed at or before the date of termination or expiry.
    3. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.
  11. Right to Cancel
    1. Subject to clauses 11.2 and 11.3, the User has the right to cancel this agreement within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of this agreement.
    2. If the User cancels the booking of the Scout:
      1. within twenty-four (24) hours of the start time of the football match as stated in the booking, PlayerTrader shall be entitled to retain (or charge, as the case may be) thirty per cent (30%) of the applicable fee; or
      2. within two (2) hours of the start time of the football match as stated in the booking, PlayerTrader shall be entitled to retain (or charge, as the case may be) one hundred per cent (100%) of the applicable fee.
      3. The fee is payable in order to compensate the Scout because it is not reasonable to expect the Scout to be able to provide a professional service at another booking where the User cancels with short or no notice.
    3. The User will be charged the full Scout fee if the User:
      1. cancels a booking other than as permitted in accordance with this agreement;
      2. attempts to cancel a booking on or after the start time of the football match as stated in the booking; or
      3. fails to play in the football game.
    4. The fees may in PlayerTrader’s absolute discretion be waived where the User has been unable to cancel a booking without incurring the applicable fee for genuine reasons which were outside of the User’s control. Where PlayerTrader waives the fees in accordance with this clause 11.4, PlayerTrader acts as agent of the Scout who is the principal in supplying the Services.
    5. If the User requested to begin the performance of services during the cancellation period, the User shall pay PlayerTrader an amount which is in proportion to what has been performed until the User has communicated PlayerTrader your cancellation from this agreement, in comparison with the full coverage of this agreement.
    6. If the service is provided in full within 14 days, the right to cancel can be lost during the cancellation period if the Service is provided in full before the 14 days elapses.
    7. To exercise the right to cancel, the User must inform PlayerTrader [NAME OF THE RELEVANT PERSON, ADDRESS, TELEPHONE NUMBER AND E-MAIL ADDRESS]of your decision to cancel this agreement by a clear statement (e.g. a letter sent by post or e-mail). The User may use the following model cancellation form, but it is not obligatory.

To:
Player Trader
[Address]
[Email]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper)

Date

[*] Delete as appropriate

  1. Data Protection
    1. PlayerTrader will only use the User’s personal information as set out in its Privacy Policy.
  2. Third Party Rights
    1. This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
  3. Permits/Licenses
    1. If and to the extent the Player requires any licenses, permits, registrations or other authorisations of any governmental or semi-governmental body, agency, or organization in connection with the execution of Services pursuant to any Agreement, Player undertakes to obtain such licenses, permits, registrations and other authorisations and Player undertakes to indemnify and hold PlayerTrader harmless from and against any claims of such governmental or semi-governmental bodies, agencies or organisations or of any other third parties relating to the omission of Player to obtain such licenses, permits, registrations and other authorisations.
  4. Force Majeure
    1. PlayerTrader shall have no liability to the User under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of PlayerTrader or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the User is notified of such an event and its expected duration.
  5. Variation
    1. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
  6. Waiver
    1. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  7. Rights and Remedies
    1. Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
  8. Severance
    1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
    2. If any provision or part-provision of this agreement is deemed deleted under Clause 20.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
  9. Entire Agreement
    1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    2. Each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
    3. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
    4. Nothing in this clause shall limit or exclude any liability for fraud.
  10. Assignment
    1. The User shall not, without the prior written consent of PlayerTrader, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
    2. Each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.Player Trader may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
  11. No Partnership or Agency
    1. Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
  12. Notices
    1. Any notice required to be given under this agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in this agreement, or such other address as may have been notified by that party for such purposes, or sent by email to the other party’s email address as set out in this agreement.
    2. A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at the time of transmission.
  13. Governing Law and Jurisdiction
    1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).