If You are a User of the E-Wallet (hereinafter referred to as User) offered by AC Webconnecting B.V. (hereinafter: ACW BV) serving to make discharge payments to the Performers who offer and sell their Entertainment Webcam Services on the Platform as exploited by (hereinafter: referred to as SNV Platform and SNV respectively), you must consult these General User Conditions E-Wallet for the use of the E-Wallet (hereinafter: General User Conditions E-Wallet).
These General User Conditions E-Wallet describe the terms and rules applicable when the User uses the E-Wallet as registered and stored by ACW BV to make discharge payments to the Performers for the purchase of the Entertainment Webcam Services offered and sold to him by the Performers registered on the Platform. A User can only apply for the use of the E-Wallet after he has opened a User Account on the SNV Platform.
The General User Conditions E-Wallet constitute all the rules of use of the E-Wallet and govern the relationship between you as a User of the E-Wallet on the one hand and ACW BV as the provider of the E-Wallet on the other hand. These General User Conditions E-Wallet do not apply to the Entertainment Webcam Services sold by the Performers to Users for which the E-Wallet is used as a payment method. ACW BV does not participate in the offer, sale and delivery of Entertainment Webcam Services offered by the Performer. If you purchase Entertainment Webcam Services from a Performer, an agreement will come in place between you and the Performer, ACW BV will not be part to this agreement.
1.1. These General User Conditions E-Wallet supersede all prior conditions applicable between SNV and the User with respect to the E-Wallet.
1.2. By effectively using the E-Wallet, you are deemed to have accepted these General User Conditions E-Wallet.
1.3. If you have any questions regarding these General User Conditions E-Wallet you can consult the FAQ section (frequently asked questions) or contact ACW BV via the contact form that you will find on the SNV Platform.
1.4. ACW BV reserves the right to modify these General User Conditions E-Wallet. ACW BV will inform the User by placing the new modified General User Conditions E-Wallet on the SNV Platform. The changes take effect 14 days after publication on the Platform. If the User does not accept the modifications, the relationship between you as a User of the E-Wallet and ACW BV will end, by the effect of the law.
1.5. The General User Conditions E-Wallet take effect on the date on which the User has registered and has accepted the General User Conditions E-Wallet (effective date).
2.1. ACW BV: refers to registered to a limited liability company (BV) with the Chamber of Commerce under number 52306054 with its offices at E-Wallet services:
AC Webconnecting B.V.
Beursplein 37
Postbus 30015
3001 DA Rotterdam
The Netherlands (hereinafter: ACW BV).
2.2. Direct Payment: the payment by the User to Performer for the Entertainment Webcam Services other than via the E-Wallet.
2.3. Entertainment Webcam Service: service offered and sold by the Performer on this Platform to the User which service is rendered via the webcam.
2.4. E-Wallet (prepaid virtual credit): prepaid virtual credit on the name of the User serving to make discharge payments to the Performers who offer and sell their Entertainment Webcam Services on the SNV Platform. The E-Wallet is not an account but a virtual credit which cannot be refunded to the User unless a request for refund is made by the user within 14 days after the first loading of his E-Wallet under the condition that such user has not yet spent any of his virtual credit yet.
2.5. Financial Transaction: the transaction by which the User feeds his virtual credit.
2.6. General Conditions E-Wallet: general conditions applicable to the relationship between you as a User of the E-Wallet m and ACW BV.
2.7. General User Conditions Platform: general conditions applicable to the relationship between you as a User of the SNV Platform and SNV.
2.8. Login data: data giving access to the User account.
2.9. Payment Service: allowing Users to exchange money for virtual credits in their E-Wallet which credits the User can only spend for purchasing Entertainment Webcam Services from the Performers on the Platform. A payment from the User results in a discharge payment in respect of that which the User owes to the Performer.
2.10. Performer: the natural person who offers and sells Entertainment Webcam Services to the User via the Platform provided by SNV.
2.11. The Performer account: the personal registration of the Performer on the SNV Platform which contains the Performer's information and his account.
2.12. Performer Name: the name under which the Performer is listed on the SNV Platform.
2.13. Performer Profile: the complete description of the Performer made by the Performer on his personal page.
2.14. Policy Rules: documents prepared by the AC Group and published on the SNV Platform containing mandatory or non-mandatory rules which apply to use of the SNV Platform including but not limited to Privacy/ GDPR rules, Code of Conduct, KYC rules and AML rules.
2.15. SNV refers to a company registered in the commercial registry under number 122760, having its offices at the address General Platform services:
and related companies and partners of SNV with the exception of the related company ACW BV.
2.16. (SNV) Platform: the technical platform exploited by SNV operating under various trade names owned by SNV (XLove, XLovecam, XXXLove, XLovegay) that enables the Service Provider to provide and sell Entertainment Webcam Services anonymously and enables the User to purchase Entertainment Webcam Services anonymously. Via a number of domain names and white labels one is redirected to this platform. The domain names or white labels are either owned by the AC Group or by Affiliates of the AC Group.
2.17. Start date: the date on which the User accepts the General User Conditions E-Wallet.
2.18. User: the natural person who purchases Entertainment Webcam Services from the Performer.
2.19. User Account: the personal registration of the User on the SNV Platform.
2.20. User Name: the name under which the User is registered on the SNV Platform but also the name which, combined with the personal password, allows access to the User Account.
2.21. User Information: all the information that you place yourself as a User on the SNV Platform or on your User Account, including registration data, feedback and all other messages.
2.22 AC Group: companies which are directly and indirectly held by AC Media Connect BV.
2.23 AC Media Connect BV: a company registered in the commercial registry under number 6863636628, having its offices at Beursplein 37, 3011 AA, Rotterdam.
2.24 Affiliates: third parties with whom AC Webconnecting N.V. has concluded agreements to provide and offer marketing services through the Affiliate Program of ACW NV.
2.25 AC Webconnecting N.V. (ACW NV): a company having its offices at AC Webconnecting N.V.
Perseusweg 40
Willemstad Curaçao
Netherlands-Antilles
kvk 102163, registered under number 12276.
3.1. The User must be a person with legal capacity and the power to enter into binding contracts.
3.2. The User must have at least the age of majority in his country of residence and must have reached at least the legal age of use of the Platform.
3.3. The E-Wallet is not transferable, in any form whatsoever.
4.1. The E-Wallet is a virtual asset registered with ACW BV to the credit of the User upon placing of funds by the User, and serves to allow the User to make discharge payments to the Performers for Entertainment Webcam Services purchased from the Performers.
4.2. The User can only apply for registration of the E-Wallet with ACW BV with his User Account on the SNV Platform.
4.3. ACW BV provides Payments Services to Users by allowing the Users to exchange money for virtual credits in their E-Wallet which credits the User can only spend for purchasing Entertainment Webcam Services from the Performers on the SNV Platform. A payment from the User by means of the E-Wallet results in a discharge payment in respect of that which the User owes to the Performer for the purchase of the Entertainment Webcam Services from the Performer.
4.4. The User acknowledges that, in the event of purchase of a Performer Service, the amount due to the Performer will be deducted directly and automatically from his virtual credit in order to make a discharge payment to the Performer.
4.5. The E-Wallet is not an account but a virtual asset.
4.6. ACW BV sets daily loading limits for the E-Wallet to comply with the AML rules.
4.7. In any case, the E-Wallet cannot be considered as a deposit.
4.8. In no case does ACW BV pay interest on the balance of the E-Wallet.
4.9. ACW BV does not charge any fees to the User for the use of the E-Wallet.
4.10. The E-Wallet is not an account but a virtual credit which cannot be refunded to the User unless a request for refund is made by the user within 14 days after the first loading of his E-Wallet under the condition that such user has not yet spent any of his virtual credit yet.
4.11. The User agrees that he will not give access (or attempt to give access) to the E-Wallet to third parties.
4.12. The User may not undertake any activity that could hinder or interfere with the operation of the E-Wallet (or the servers and networks to which the E-Wallet is connected).
4.13. The User is prohibited from reproducing, duplicating, copying, selling, exchanging the E-Wallet.
4.14. Use of the E-Wallet by the User is completely free of charges.
4.15. Payment via the E-Wallet guarantees the anonymity of the User and the Performer. Only the name chosen by the User and the Performer on the Platform will be visible.
4.16. Under no circumstances is ACW BV a party to the offer, sale and / or delivery of Entertainment Webcam Services offered by the Performer. Using the E-Wallet to pay for the Performer does not change the above.
5.1. The Performer may be paid by the User for his Entertainment Webcam Services other than via the E-Wallet. The payment by the User to the Performer will then be made by any means they have mutually agreed upon.
6.1. ACW BV on the one hand, and the User on the other, are independent parties. Each of them acts in his own name and on his own behalf.
6.2. These General User Conditions E-Wallet are not intended to establish / create an agency, agency agreement, corporation, joint venture or any other form of cooperation or to establish an employer or franchisor relationship. The above cannot be the subject of the General User Conditions E-Wallet.
7.1. The User is solely responsible for the information he provides in order to make use of the E-Wallet.
7.2. Said information of the User cannot:
a. be inaccurate, incorrect or misleading;
b. violate the law and/or any other regulation;
c. incur the liability of ACW BV and/or cause (in whole or in part) that ACW BV cannot operate the E-Wallet;
d. cause the E-Wallet to be broken, damaged or less efficiently operated, or have the effect that the E-Wallet is affected in such a way that its effectiveness or functionality is affected in any way.
8.1. ACW BV operates an E-Wallet allowing the User to anonymously pay for the Entertainment Webcam Services purchased from Performer. As a result, it is recommended not to publish personal information (e.g. name, address, telephone number, email address, social network account).
8.2. Information about ACW BV's data protection is mentioned in the Privacy Statement of Users. In particular, it explains how ACW BV processes the User's personal data and how the User's privacy is respected when using the E-Wallet.
8.3. The User is personally responsible for the confidentiality of the corresponding identifiers to his User account and thus to the information in respect of the E-Wallet and must himself take all reasonable measures to maintain the confidentiality of this information.
8.4. ACW BV will inform the User in the event that his E-Wallet is suspended. ACW BV will reenable the use of the E-Wallet credentials as soon as possible and after the causes of the suspension have been resolved.
9.1. SNV and/or ACW BV will, in the event of suspected fraud, prohibited transactions or money laundering, carry out an identity check. Failure by the User to cooperate with an identity check may result in the immediate suspension of the use of the E-Wallet and termination of the relationship between the User and ACW BV.
9.2. The User acknowledges that ACW BV may block a transaction, a payment order or any use of the E-Wallet when ACW BV reasonably suspects a case of fraud, prohibited transactions or money laundering, the violation of these General User Conditions E-Wallet or a violation of the law. When ACW BV blocks a transaction or payment order, the User is informed unless ACW BV is legally prevented from doing so.
9.3. In the event of suspected fraud, prohibited transactions or money laundering, or not complying with the General User Conditions E-Wallet, the User is responsible for all losses suffered by ACW BV as a result of / or in connection with these actions.
10.1. In case there will be any payment obligation from the User towards ACW BV under these General User Conditions E-Wallet, in addition to all other legal rights and remedies available towards the User by ACW BV, the amount at that moment remaining in the E-Wallet will serve as (partial) payment of such obligation.
10.2. ACW BV cannot be held responsible towards the User or a third party for any loss incurred by the User due to imposed transaction limits or other recoveries.
11.1. The User accepts and acknowledges that ACW BV cannot be held responsible for any dispute between the User and the Performer.
11.2. Claims or disputes arising from these General User Conditions E-Wallet must first be reported to ACW BV online support.
12.1. The User guarantees that he is over 18 years old of at least the age of majority in his country of residence. The User also guarantees to have reached at least the legal age of use of the Platform.
12.2. The User guarantees that he will comply with all laws, regulations and regulations applicable to the use of the E-Wallet.
12.3. The User will not (attempt to) initiate, or take advantage of, fraud, prohibited transactions or money laundering, the violation of these General User Conditions E-Wallet or a violation of the law or be in violation of applicable laws and regulations.
12.4. The User is obliged to pay the taxes, fees and commissions that may arise from the use of the E-Wallet.
13.1. ACW BV does not warrant that the operation of the E-Wallet, the operation of the servers and the Entertainment Webcam Services of the Performer will be permanent, uninterrupted, fast / punctual, secure or infallible.
13.2. To the fullest extent permitted by law, ACW BV excludes all warranties, conditions or other terms, legal or implicit, quality or speed / punctuality in relation to the use of the E-Wallet by the User,
13.3. ACW BV does not warrant that the use of the E-Wallet will always meet all User requirements or that the operation of the E-Wallet will be permanent, secure, virus free and infallible.
14.1. Without prejudice to the other means available to ACW BV, ACW BV has the right to immediately send the User a warning, to temporarily suspend or for an indefinite period the User's E-Wallet, to close the User's E-Wallet, to refuse to the User access to the use of the E-Wallet when:
a. the User does not respect the General User Conditions E-Wallet or the documents by integral part by reference; or
b. when it proves impossible for ACW BV to check the accuracy of the information provided by the User; or
c. ACW BV is of the opinion that the User is guilty of fraudulent activity, fraud, prohibited transactions or money laundering or is involved in, or in any way connected with, such activities; or
d. ACW BV believes that the User, by its actions, causes or may cause damage to ACW BV.
15.1. In no event shall ACW BV be liable for any direct or indirect (consequential) damages, including:
* any loss or falsification of data;
* any loss as a result of cybercrime;
* any loss of profit (suffered directly or indirectly);
* any loss of turnover;
* any loss of reputation;
* any loss of opportunity;
* any indirect, incidental, or other damages, regardless of whether the loss or damage is attributable to any changes made by ACW BV to the E-Wallet or due to temporary or permanent interruption of the E-Wallet, and regardless of whether it is due to negligence or any other cause attributable to ACW BV.
15.2. ACW BV's liability to the User - whatever the circumstances - is limited, in any event, to the aggregate of the amounts that the User has paid to the Performer through the E-Wallet in the six months preceding the legal act giving rise to the responsibility, the whole with a maximum of 150 €.
16.1. The User agrees to indemnify and hold ACW BV harmless against any claim or claim whatsoever including reasonable attorney's fees from any third party that is attributable to or arising from the breach of this contract of use or documents by integral part by reference, a violation of the law or the regulation or an infringement of the rights of a third party by the User.
16.2. When the User has a right or a claim on the Performer or is in dispute with the latter following the use of the E-Wallet, the User has no right of recourse against ACW BV and the User guarantees ACW BV against any claim, seeking liability, damages, losses, costs and compensation, including legal costs, known or unknown, in connection with such a claim or such litigation.
17.1. Statements, notices and other announcements to the User may be made by post, email, publications on the SNV Platform or by any other reasonable means.
17.2. All notifications to the User will be sent to the email address that he has indicated to ACW BV during the registration process.
17.3. The User can consult free of charge the transactions carried out with his E-Wallet. The User agrees that he will not receive a statement in paper form.
18.1. ACW BV reserves the right to introduce policy rules to supplement or amend the conditions and / or to clarify the applicable provisions. The policy rules are an integral part of these General User Conditions E-Wallet.
18.2. ACW BV can modify the policy rules. Important changes will be published on the SNV Platform.
18.3. Once these modifications have been published, the User may, within 14 days, inform ACW BV that he refuses to accept these changes. In that case the relationship between ACW BV and the User will end.
18.4. The policy rules to which it is referred, and which form part of these General User Conditions E-Wallet are: privacy policy, GDPR policy as included in the cookie policy and the Users Code of Conduct.
19.1. The General User Conditions E-Wallet apply until the relationship between ACW BV and the User is terminated as described below.
19.2. If the User wishes to terminate the relationship with ACW BV, he can do so immediately and free of charge by closing his User Account as a result of which the E-Wallet will also be closed. The User has no right of refund of the remaining credits.
19.3. ACW BV may terminate the relationship with the User at any time without notice when:
a. the User has violated an essential provision of the General User Conditions E-Wallet or clearly shows, by the way he acts, that he does not intend or is unable to comply with the essential provisions of the General User Conditions E-Wallet; or
b. ACW BV is obligated by law for example, when the provision of the E-Wallet to the User is not or will not be legally authorized.
19.4. The termination of the relationship between ACW BV and the User does not affect the rights, obligations and responsibilities arising from the law which governed the relationship between the User and ACW BV.
19.5 The relationship between ACW BV and the User in respect of the E-Wallet is automatically terminated if the relationship between SNV and the User in respect of the use of the Platform is terminated.
20.1. The E-Wallet is not an account but a virtual credit which cannot be refunded to the User unless a request for refund is made by the user within 14 days after the first loading of his E-Wallet under the condition that such user has not yet spent any of his virtual credit yet.
21.1. The law of the Netherlands is applicable to the relationship between ACW BV and the User. Any dispute that may arise between the User and ACW BV, resulting from these General User Conditions E-Wallet or any other agreement or any other action in connection with these General User Conditions E-Wallet will be settled by the Court of The Hague, except to the extent that binding rules of jurisdiction shall apply.
21.2. In the event of contradiction, whatever it may be, between the English version and a version in another language of the present contract of use, the English version prevails.
21.3. The court in The Hague has exclusive jurisdiction in case of litigation.
22.1. The User acknowledges that the rights and obligations arising from these General User Conditions E-Wallet and all other documents that apply by reference, may be freely and automatically transferred by ACW BV in the event of a merger, demerger or redemption or any other form of restructuring.
22.2. The titles of the different sections of these General User Conditions E-Wallet are purely indicative and do not necessarily indicate precisely the content of the articles to which they refer.
22.3. If ACW BV fails to act as a result of not complying by the User or by third parties of these General User Conditions E-Wallet, ACW BV does not automatically waive the right to act in the face of subsequent or similar violations.
22.4. If ACW BV does not exercise or enforce a legal right or remedy set forth in these General User Conditions E-Wallet (or to which ACW BV is entitled in accordance with applicable law), that choice shall not be considered to constitute a waiver of a right on the part of ACW BV. Nor can that choice be regarded as a waiver of a right to act in relation to subsequent or similar violations. ACW BV can and still has the right to exercise its rights or to implement the remedies.
22.5. The provisions of the articles bearing the titles: "7. Information and actions of the User", "12. Warranties", "15. Limitations of liability ", "17. Announcements and notifications", "21. Governing law" and "22. Other" and other provisions and charges thereunder continue to apply after the termination of the relationship between ACW BV and the User.
22.6. These General User Conditions E-Wallet together with the documents that form part thereof by reference and the policy rules followed govern the entire relationship between the User and ACW BV.
This Agreement describes the general terms & conditions that apply when you use the Payment Service (Billing) offered by ACW BV.
This Agreement constitutes a legally valid contract determining the relationship between you, as the Performer and ACW BV
Before you can make use of the Payment Services you need to carefully read and accept all the conditions and stipulations of this Agreement, including the documents and Policy Rules that are part of this Agreement.
1.1 This Agreement replaces all previous agreements between the Performer and a company of the AC Group.
1.2 In the case of questions about this Agreement the Performer can consult the FAQ page (Frequently Asked Questions) or contact ACW BV via the online contact form of ACW BV.
1.3 ACW BV has the right to make changes to this Agreement. ACW BV will notify the Performer of such changes by means of placing the new, amended Agreement on the SNV Platform. The changes take effect within 14 days after the placing of the new amended Agreement on the Platform.If the Performer is unable to agree with the changes this Agreement will terminate.
1.4 This Performer Agreement is drawn up in the English language. In the event of a conflict between the English version and a version in another language the English version will prevail.
2.1 ACW BV:refers to registered to a limited liability company (BV) with the Chamber of Commerce under number 52306054 with its offices at E-Wallet services:
AC Webconnecting B.V.
Beursplein 37
Postbus 30015
3001 DA Rotterdam
The Netherlands (hereinafter: ACW BV).
2.2 AC Group: companies which are directly and indirectly held by AC Media Connect BV, AC Media Connect Holding BV.
2.3 AC Media Connect BV: a company registered in the commercial registry under number 68636628, having its offices at Beursplein 37, 3011 AA, Rotterdam.
2.4 AC Webconnecting N.V.: a company having its offices at AC Webconnecting N.V.
Perseusweg 40
Willemstad Curaçao
Netherlands-Antilles
kvk 102163, registered under number 12276
2.5 Affiliates: third parties with whom AC Webconnecting N.V. has concluded agreements to provide and offer marketing services through the Affiliate Program of ACW NV.
2.6 Entertainment Webcam Service: a service offered and sold by the Performer to the User.
2.7 Entertainment Webcam Service Fee: the fee the User pays to the Performer for the sale of the Entertainment Webcam Service by the Performer to the User.
2.8 E-Wallet: virtual credit balance registered by ACW BV upon receipt of funds from the User. The User&'s E-Wallet is stored in the ACW BV computer system. The E-Wallet is not a bank account but a virtual balance.
2.9 Financing Transaction: the transaction in which the User deposits credits into his/her virtual balance (E-Wallet).
2.10 General Platform Fees: the fee that the General Platform Services Provider charges to the Performer for the General Platform Service.
2.11 General Platform Services: the services provided to the Performer for the use of the SNV Platform in return for payment, which services are performed by the General Platform Services Provider whereby the General Platform Services Provider may use third parties (internal or external).
2.12 General Platform Services Agreement: the general terms & conditions that apply to the relationship between the Performer and the General Platform Services Provider in relation to the provision of the General Platform Services to the Performers.
2.13 Micro Company: an enterprise which qualifies under the definition of Micro Company for VAT purposes in your country of residence.
2.14 Payment Day: the 1st or 16th day of each calendar month. If this day falls on a Saturday, Sunday or public holiday, the Payment Day will be postponed to the next following days.
2.15 Payment Instruction: the authorisation the User gives ACW BV to deduct the payment from the virtual credit balance in the User's E-Wallet for the Entertainment Webcam Services purchased from the Performer; these credits are automatically and instantly credited to the Performer Payment Account.
2.16 Payment Service: a service provided by ACW BV to the Performer by crediting the Performer Payment Account, upon the debiting of a virtual credit balance held by the User (E-Wallet), for the discharge payment of Entertainment Webcam Services the Performer has sold to the User.
2.17 Payment Service Agreement: the agreement as concluded by ACW and the Performer on the basis of which ACW BV renders Payment Service to the Performer (this Agreement).
2.18 Payment Service Fee: the fee that ACW BV charges to the Performers for the Payment Service.
2.19 Payment Transaction: the transaction in which ACW BV transfers the credits held in the Performer's Payment Account into the bank account of the Performer.
2.20 Performer: the party who offers and sells his Webcam Entertainment Services to the Users via the SNV Platform and either operates as an independent professional or as a micro company in his country of residence. Wherever the word ‘Performer’ is used this may also be read as ‘you’.
2.21 Performer Account: the Performer's personal registration on the SNV Platform containing the personal information of the Performer (Performer's Profile and the Performer's Name).
2.22 Performer Information: all the information you, as a Performer, put on the SNV Platform and/or on the Performer’s Account, including registration details, pictures, videos, feedback and all other communications.
2.23 Performer's Name: the name under which the Performer is registered. Also the name that, in combination with the personal password, gives access to the Performer's Account.
2.24 Performer Payment Account: the Performer's current account with ACW BV, to which – ACW BV credits the payments made and approved by Users for the purchase of the Webcam Entertainment Services provided by the Performer and to which ACW BV debits amounts owed to ACW BV and/or to the General Platform Services Provider by the Performer.
2.25 Performer's Profile: the full personal and physical description of the Performer.
2.26 Policy Rules: documents prepared by the AC Group and published on the SNV Platform containing mandatory or non-mandatory rules which apply to the relationship between the Performer and any member of the AC Group as a result of any agreement concluded between the two including but not limited to Privacy/ GDPR rules, Code of Conduct, KYC rules and AML rules.
2.27 Reservation Requirement: the amount that ACW BV reserves temporarily in accordance with the General Platform Services Agreementto cover possible payment cancellations by Users.
2.28 SNV refers to , registered with the Chamber of Commerce under number 122760, with its offices at General Platform services:
and to the companies and Partners affiliated with except for ACW NV and ACW BV.
2.29 SNV Platform: the technical platform exploited by SNV operating under various trade names owned by SNV (XLove, XLovecam, XXXLove, XLovegay) that enables the Service Provider to provide and sell Entertainment Webcam Services anonymously and enables the User to purchase Entertainment Webcam Services anonymously. Via a number of domain names and white labels one is redirected to this platform. The domain names or white labels are either owned by the AC Group or by Affiliates of the AC Group.
2.30 Third Party: any party except the Performer and ACW BV.
2.31 Transaction Fees: the costs associated with the Payment Transaction.
2.32 User: a person who purchases Entertainment Webcam Services from the Performer via a Website connected to the technical Platform of SNV and who uses the User Payment Service (E-Wallet) in order to make the discharge payment of the Entertainment Webcam Services the Performer has provided and sold to the User.
2.33 User Account: the User's personal registration on the SNV technical Platform.
2.34 User Payment Service: service offered by ACW BV to the User whereby the User can obtain – upon placing of funds by the User - a prepaid virtual credit on his name to make discharge payments to the Performers for his purchase of the Entertainment Webcam Servicesfrom the Performers registered on the SNV Platform. The Payment Service does not constitute an account but a Virtual Credit which cannot be refunded to the User.
2.35 Virtual Credit: a non-refundable virtual asset registered with ACW BV to the credit of the User upon placing of funds by the User which serves for the User to make discharge payments to the Performers for his purchase of the Entertainment Webcam Servicesfrom the Performers registered on the SNV Platform.
2.36 Website: a website linked to the technical Platform of SNV.
2.37 General Platform Services Provider: SNV and ACW NV together, jointly providing the General Platform Services.
3.1 ACW BV will debit the Users E-Wallet for the discharge payment of Entertainment Webcam Services the Performer has provided to Users. Consequently, ACW will credit the Performer Payment Account. On Payment day ACW BV effectuates the Payment Transaction retaining the Payment Service Fee and the General Platform Service Fee.
3.2 The Performer can only apply for registration of the Payment Services with ACW BV with his Performer Account on the SNV Platform as laid down in the General Platform Services Agreement the Performer has concluded with the General Platform Services Provider. It is not possible for a Performer to apply for the Payment Services if this Performer has not opened a Performer Account on the SNV Platform.
3.3 In principle the information provided by the Performer for opening his Performer Account is used for applying for the Payment Services and opening the Performer Payment Account albeit that ACW BV is entitled to ask any additional information from the Performer which is considered to be necessary by ACW BV in respect of the application of the Performer for the Payment Services.
3.4 The Performer is obliged to provide complete, up¬ to date and correct registration information and information in respect of his Performer Account and his Performer Payment Account and to update this information on a regular basis to keep it current and correct.
3.5 The Performer agrees that:
a. the sale of the Webcam Entertainment Services constitutes a transaction between the Performer and the User; ACW BV is not a party to this sale.
b. ACW BV is not responsible for and has no influence on the completion or the payment of the Entertainment Webcam Service Fee for the Entertainment Webcam Service Services purchased by the User from the Performer.
c. The Studio has to comply with the VAT legislation in his country of residence in respect of the sale of the Entertainment Webcam Services to the Users.
3.6. If a Financing Transaction is reversed for whatever reason (cancellation), ACW BV is entitled to recover the payment from the Performer by debiting the previously credited amount back from the Performer's Payment Account.
3.7 ACW BV has a Reservation Requirement of 5 percent of the amount of the Webcam Entertainment Services the User has purchased from the Performer. The Reservation Requirement is a temporary reserve (180 days) to cover potential payment cancellations by the User.
3.8 ACW BV can suspend a Payment Transaction if ACW BV, at its own discretion, suspects that the Payment Transaction: is based on a factual error, is fraudulent or is made using a fraudulent or invalid method of payment and/or is a possible case of money laundering.
3.9 ACW BV will notify the Performer about the suspension of any Payment Transaction.
3.10 ACW BV is entitled to deduct all payment obligations that ACW BV may accrue under this Agreement from the Performer's Payment Account, in addition to all other rights and legal means available to ACW BV pursuant to this Agreement.
3.11 ACW BV is not liable to the Performer or Third Parties for any loss suffered by the Performer as a result of imposed transaction limits, Reservation Requirements, payment cancellations or other refund demands.
4.1 ACW BV renders the Payment Services to the Performer against a Payment Service Fee. ACW BV will deduct this Payment Service Fee from the discharge payments made by Users to Performers for the Webcam Entertainment Services provided by the Performer.
4.2 The amount of the Payment Transaction is 50% (or another percentage agreed otherwise) of the turnover of the Performer. The remaining amount is retained by ACW BV to cover the payment of the invoices due by the Performer for the Payment Services and to cover the payment of the invoices due by the Performer for the General Platform Services.
4.3 The Performer has the right to download at any time from his Performer Account the invoices which have been paid by retaining amounts from the Entertainment Webcam Service Fees as set out above.
4.4 Transaction Fees may apply depending on the chosen payment method as laid down in the Performer Account.
4.5 ACW BV is entitled to change the Payment Service Fee and/or the Transaction Fee the Performer is due to ACW BV. The changes take effect on the date specified in the notification of such change. If, in the 14 days after this change, the Performer notifies ACW BV that he/she does not accept the changes in question, question the Payment Service Agreement and the right to use the Payment Services will terminate immediately upon receipt of this notification.
5.1 The Performer agrees that:
a. the Performer’s Payment Account may not be a deposit account;
b. ACW BV is not required to pay the Performer interest on any balance in the Performer’s Payment Account.
5.2 The Performer agrees and acknowledges that ACW BV is not a party to and is not responsible for any dispute between the User and the Performer.
5.3 Any dispute with respect to the Payment Service must, in the first instance, be reported to the online support team of the AC Group.
6.1 There is no charge for registering as a Performer on the SNV Platform.
6.2 The General Platform Services Provider renders the General Platform Services to the Performer against an General Platform Fee.
6.3 Performer hereby instructs ACW BV to deduct this General Platform Fee from the discharge payment made by Users to Performers for the Webcam Entertainment Services.
6.4 The amount of the Payment Transaction is based on 50% (or another percentage agreed otherwise) of the turnover of the Performer. The remaining amount is retained by ACW BV to cover the payment of the invoices due by the Performer for the Payment Services and to cover the payment of the invoices due by the Performer for the General Platform Services.
6.5 The Performer has the right to download at any time from his Performer Account the invoices which have been paid by retaining amounts from the Entertainment Webcam Service Fees as set out above.
6.6 The General Platform Services Provider is entitled to change the General Platform Services Fee. The changes take effect on the date specified in the notification of such change. If, in the 14 days after this change, the Performer notifies the General Platform Services Provider that he/she does not accept the changes in question, this Agreement will terminate immediately upon receipt of this notification.
6.7 ACW BV will charge Dutch VAT on the Payment Services Fee on the basis of Dutch VAT legislation. Charging VAT on the Payment Services does not affect the amount of the Payment Transaction nor the VAT position of the Performer in his country of residence with respect to the Webcam Entertainment Services sold to the User.
7.1 ACW BV on the one hand and the Performer on the other are independent parties; each party acts only in its own name and on its own behalf.
7.2 It is not the purpose of this Payment Service Agreement to establish an agency, mandate ship, partnership, joint venture or any other form of collaboration, an employer/¬employee relationship or a franchisor/¬franchisee relationship. The Payment Service Agreement consequently does not create any of the above.
8.1 Each party declares and guarantees that he/she/it is legally competent and authorized to sign this Payment Service Agreement.
8.2 The Performer guarantees ACW BV that he/she is at least 18. If the legislation in the country of the Performer differs from this rule the Performer must be at least 21. For this purpose the Performer will supply a copy of a valid ID.
8.3 The Performer guarantees ACW BV that:
a. the Performer will comply with all the laws, regulations and bylaws that apply to the Performer’s use of the Payment Service;
b. the Performer will comply with (the rules resulting) from the Payment Services Agreement;
c. the Performer will comply with the national legislation of the country in which the Performer is located;
d. the Performer will not attempt to initiate or receive a Payment Transaction that is illegal or fraudulent or that conflicts with the applicable legislation and regulations;
e. the Performer will pay all taxes, levies and commissions which will be due for the Performer in respect of the use of the Payment Services and/or the SNV Platform and/or the use of the General Platform Services and/or the provision of the Entertainment Webcam Services to the User.
8.4 The Performer indemnifies and/or shall be liable for any damage sustained by ACW BV as a result of non-compliance with the stipulations of section 8.3 of the present article. The Performer cannot exculpate itself towards ACW BV by stating that the damage arose as a result of a violation by the Performer. The Performer shall be liable for its or its Performer's actions at all times.
8.5 ACW BV guarantees the Performer that the Payment Service will be provided with reasonable care and professionalism.
8.6 ACW BV does not guarantee that the Payment Service will meet all of the Performer’s requirements or that the Payment Service will function uninterruptedly, be virus-¬free, safe or error-¬free.
9.1 Declarations, notifications and other announcements from ACW BV to the Performer can be made by post, e¬mail, via publications on the SNV Platform or by any other reasonable method.
9.2 The Performer agrees that ACW BV can send the Performer electronic messages that relate to the Performer’s use of the Payment Service or any other matter.
10.1 The Performer is solely responsible and liable for the information he provides in order to make use of the Payment Services. The Performer is obliged to comply with all the applicable national, European and international regulations relating to the activities and Services offered on the SNV Platform.
10.2 This information from and any actions and/or Services by the Performer cannot:
a. be inaccurate, incorrect or misleading;
b. be insulting, threatening, damaging, slanderous;
c. infringe copyright, privacy rights or other rights;
d. violate the law and/or any other regulation;
e. contravene public order and / or morality;
f. be obscene, indecent or contain child pornography;
g. incur a liability for ACW BV and/or cause (in whole or in part) that ACW BV cannot operate the Payment Services;
h. cause the operation of the Payment Services by ACW BV to be broken, damaged or less efficiently rendered, or have the effect that the provision of the Payment Services is affected in such a way that its effectiveness or functionality is affected in any way.
11.1 Without prejudice to any other legal remedy, ACW BV can suspend or terminate the Performer's Payment Account, if actions on the part of the Performer cause ACW BV to reasonably suspect or give the impression that there is any form of involvement or association with fraudulent activities (fraud and terrorism financing), prohibited transactions or money laundering, the violation of this Agreement or a violation of the law.
11.2 If the Performer commits fraud, is involved in prohibited transactions or money laundering or terrorism financing, or deliberately or as a result of gross negligence fails to comply with the stipulations of this Agreement or the law, the Performer is liable for all loss suffered in relation to the unlawful transactions.
11.3 The Performer acknowledges that ACW BV may block a transaction, a payment order or any use of the Payment Services when ACW BV reasonably suspects a case of fraud, prohibited transactions or money laundering, the violation of this Agreement or a violation of the law or terrorism financing. When ACW BV blocks a transaction or payment order, the Performer is informed unless ACW BV is legally prevented from doing so.
11.4 In the event of suspected fraud, prohibited transactions, terrorism financing or money laundering, or not complying with this Agreement, ACW BV may as a result declare the transaction to the relevant authorities without informing the Performer.
12.1 Without prejudice to any other means available to ACW BV, ACW BV has the right to send the Performer an immediate warning, suspend or terminate the Performer’s Payment Account temporarily or indefinitely and refuse to provide the Payment Services to the Performer if:
a. the Performer violates this Agreement, the General Platform Services Agreement or the documents that form an integral part of this Agreement and/or the General Platform Services Agreement for reference purposes;
b. it proves impossible for ACW BV to verify the correctness of the information provided by the Performer; or
c. ACW BV suspects that the Performer is engaged in, will be engaged in or is in any way involved or associated with fraudulent activities, terrorism financing, prohibited transactions or money laundering, the violation of this Agreement or a violation of the law;
d. ACW BV feels that by his/her actions the Performer will or may cause damage to ACW BV.
13.1 ACW BV can never be held liable for any direct or indirect damage or (consequential) loss, including but not limited to :
any loss or falsification of data;
loss of profits (suffered directly or indirectly);
loss of turnover;
loss of goodwill or reputation;
loss of opportunity;
or for indirect, incidental, additional or any other damage, irrespective of whether the loss or damage is attributable to any change ACW BV has made to the operation of the Payment Service, or due to a permanent or temporary interruption in the Payment Service, and irrespective of any negligence or other cause.
13.2 ACW BV's liability to the Performer – irrespective of the circumstances – is in any case limited to the total of the amounts the Performer has received from ACW BV in the 6 months preceding the legal action that gives rise to the liability, with a maximum of €100.
14.1 The Performer Account is non assignable, shall be strictly personal and must not be transferred to or used by any third party.
14.2 Creating a Performer Account for a third party shall be prohibited.
15.1 The Performer will compensate ACW BV and protect ACW BV against any entitlement or claim whatsoever including reasonable solicitors’ fees on the part of a third party and that is attributable to or arises from a violation of this Agreement or the documents that form part of the Agreement for reference purposes, a violation of any law or regulation whatsoever or the infringement of the rights of a third party by the Performer.
15.2 If the Performer has an entitlement or claim against or a dispute with a User as a result of the use of the operation of the Payment Services, the Performer indemnifies ACW BV against any claims, liability, damage, loss, costs and fees, including legal fees, known or unknown, that are associated with such an entitlement, claim or dispute.
16.1 This Agreement will remain in place until such time as it is cancelled by the Performer or by ACW BV, as outlined below. If this Agreement is cancelled this means that the Performer Payment Account will be closed by ACW BV.
16.2 If the Performer wishes to terminate this Agreement with ACW BV, the Performer can do so at any time and free of charge by closing the Performer’s Account as a result of which the provision of the Payment Services by ACW BV to the Performer under this Agreement will also terminate.
16.3 ACW BV can terminate this Agreement at any time without prior notice if:
a. the Performer has violated an essential stipulation of this Agreement or has made it clear by his/her actions that he/she does not intend to comply or is not capable of complying with the essential stipulations of this Agreement; or
b. ACW BV is legally obliged to do so.
16.4 The termination of this Agreement does not affect the legal rights, obligations and responsibilities the Performer and ACW BV have used, that have applied to the relationship between the Performer and ACW BV, or that arose in the period that this Agreement was in effect or for which it is stipulated that they remain valid for an indefinite period.
16.5 Upon termination of this Agreement or any other termination of the use of the Payment Service by the Performer the Performer remains responsible for all cancellations and recovery costs.
17.1 Dutch law applies to this Agreement. Any disputes that arise or may arise between the Performer and ACW BV as a result of this Agreement or subsequent agreements or other actions in relation to this Agreement will be settled by the competent courts in the Netherlands.
17.2 This Agreement is drawn up in the English language. In the event of a conflict between the English version of this Agreement and a version in another language, the English version will prevail.
18.1 The Payment Service referred to in this Agreement is supplied by ACW BV.
18.2 The Performer agrees that ACW BV can freely and by operation of law transfer the rights and obligations arising from this Agreement and from all the documents that apply for reference purposes in the event of a merger, division, takeover or other restructuring.
18.3 The titles of the various sections of this Performer’s Agreement are indicative only and do not necessarily give an exact indication of the content of the articles to which they refer.
18.4 If ACW BV fails to act in respect of a violation of this Agreement by the Performer or by others ACW BV does not automatically waive the right to act in respect of later or similar violations.
18.5 If ACW BV does not exercise or enforce a legal right or legal remedy referred to in this Agreement (or to which ACW BV is entitled in accordance with the applicable law) this cannot be considered a waiver of the rights of ACW BV. Neither can it be considered a waiver of the right to act in respect of later or similar violations. ACW BV can and may always use its rights or legal remedies.
18.6 The provisions in the following articles: ‘9. Announcements and notification’, ‘10. Information and actions on the part of the Performer’, ‘13. Limitation of liability ACW BV’, ‘14. Indemnity’, , ‘16. Applicable law’ and ‘17. Other’ and any other provision insofar as applicable continue to exist after the termination or expiry of this Agreement.
18.7 This Agreement, accompanied by the documents and Policy Rules included for reference purposes, constitutes the entire agreement between the Performer and ACW BV.