Performer Termsand Service Provider Agreement

Performer Terms & Service Provider Agreement

Last updated: 26 August 2026

Version: 2.3

Effective date: upon publication on toybayram.az

TOYBAYRAM — event search platform

Email: [email protected]

Website: toybayram.az

These Performer Terms and Service Provider Agreement (the “Performer Terms”) supplement the TOYBAYRAM Terms of Use and apply whenever a User creates or uses a Performer profile, offers services, receives requests, negotiates or confirms bookings, or otherwise acts on the Platform as a Performer. By using Performer functionality, the User agrees to these Performer Terms and the applicable Terms of Use.

Key principles

TOYBAYRAM is a technology marketplace platform and does not hire the Performer and is not the Performer’s employer, agent, representative or customer for any specific service.

The contract for a specific event is entered into directly between the Performer and the Customer; the Performer remains solely responsible for performing the agreed service.

The Performer must keep profile information, services, pricing, travel coverage and availability accurate and up to date.

Once a formal proposal has been submitted, the Performer may not unilaterally increase the price stated in that proposal; any change requires the Customer’s express agreement.

A Confirmed Booking arises only after both parties expressly confirm the agreed terms.

No-Show, fraud, impersonation and other serious violations may result in immediate restriction or termination of Platform access.

Contents

Performer status and general rules1–8

Profile, services, geography and availability9–18

Requests, communication and booking confirmation19–30

Service performance and professional obligations31–39

Cancellation, No-Show and exceptional circumstances40–47

Reviews, conduct and platform protection48–55

Content, data and final provisions56–60

I. PERFORMER STATUS AND GENERAL RULES

1.Purpose and relationship with the Terms of Use

These Performer Terms govern the use of TOYBAYRAM functionality by a person offering event-related services through the Platform. They apply together with the TOYBAYRAM Terms of Use, Privacy Policy, the applicable Booking Agreement and any other Platform documents expressly identified as binding for the relevant functionality.

Where these Performer Terms contain a more specific rule concerning the Performer’s activity or a particular booking, that specific rule applies in addition to the general Terms of Use.

2.Key definitions

For purposes of these Terms, “Performer” means a User who publishes a profile and offers event-related services; “Customer” means a User seeking or engaging a Performer; “Event” means the event for which a service is requested; “Request” means a preliminary inquiry from a Customer; “Booking Agreement” means the terms agreed by the parties for a specific service; and “Confirmed Booking” means a booking expressly confirmed by both parties through the mechanism provided by the Platform.

3.Role of TOYBAYRAM

TOYBAYRAM provides technological tools for profile publication, search, communication, recording proposals, agreeing terms and confirming bookings. TOYBAYRAM does not perform the service selected by the Customer on behalf of the Performer and does not become a party to the contract for that service.

The contract for a specific Event is entered into directly between the Performer and the Customer. The Performer is independently responsible to the Customer for the Performer’s acts, personnel, equipment, stated service characteristics and performance of the agreed obligations.

4.Independent status of the Performer

The Performer acts as an independent service provider. Use of TOYBAYRAM does not create an employment relationship, agency, representation, partnership, joint venture or franchise relationship between TOYBAYRAM and the Performer.

TOYBAYRAM does not set the Performer’s work schedule, direct the creative or professional performance of the service, or guarantee any minimum number of Requests or bookings.

5.Age, capacity and authority

The Performer must be at least 18 years old and have the legal capacity required to accept these Terms and enter into contracts with Customers. If a profile is operated on behalf of a group, company, agency or other organization, the person controlling the account represents that they have the necessary authority to act on its behalf.

6.Account and security

The Performer must provide accurate and current information, protect login credentials and promptly notify TOYBAYRAM of suspected unauthorized access. The Performer is responsible for activity conducted through the account, except to the extent otherwise required by mandatory law.

7.Verification, Verified Status and Tax Verification

TOYBAYRAM may verify identity, contact details, profile information, User Content, tax status and other information reasonably necessary for trust, safety or access to particular features.

Verified Performer means completion of the TOYBAYRAM verification level applicable at the time and is not a guarantee of quality, professional qualification, future conduct or performance of a particular Booking.

To obtain Verified Performer status, a Performer must state the applicable tax status and provide a valid VÖEN where TOYBAYRAM uses that information as a professional-verification criterion. If no VÖEN is provided, TOYBAYRAM may verify separate elements such as Identity verified or Phone verified but is not required to grant full Verified Performer status.

8.Legal Compliance and Performer Tax Status

The Performer is independently responsible for compliance with laws applicable to the activity, including permits, registrations, professional requirements, tax obligations and other legal duties.

The Performer must state the current status in the profile: individual, sole entrepreneur or legal entity. A Performer seeking Verified Performer status must provide VÖEN and other information reasonably necessary to verify the stated status.

TOYBAYRAM does not become a tax adviser or tax agent merely by carrying out Verification and does not confirm that the Performer's tax treatment is correct. The Performer must keep the information current.

II. PROFILE, SERVICES, GEOGRAPHY AND AVAILABILITY

9.Accuracy of the profile

The Performer must keep the profile accurate, current and not misleading. Name or stage name, category, description, experience, languages, photos, videos, rating, services, equipment, service geography and other information must correspond to the Performer’s genuine offering.

10.Photos, videos and other materials

The Performer may publish only materials owned by the Performer or lawfully used. The Performer represents that all necessary rights and consents exist for images of people, music, video, logos and other protected materials uploaded to the Platform.

11.Services and packages

Each published service must describe with reasonable clarity what is included, its duration, main limitations, included equipment and material conditions. The Performer must not advertise a service that the Performer cannot or does not intend to provide.

The service description presented to Users in Azerbaijan must be available in Azerbaijani. Where additional language versions are provided, the Azerbaijani version must be presented first or otherwise as the primary local-language version in the interface. This requirement does not require translation of registered trade marks, stage names or other elements that lawfully remain in their original form.

Where the Performer acts as a sole entrepreneur or legal entity, the profile must display the seller/service-provider information required by applicable law for distance advertising, including the registered/legal name or the entrepreneur’s identifying name, VÖEN where required, and available contact information. An individual who is not acting as an entrepreneur is not required by this clause to represent that they have VÖEN.

12.Pricing and price transparency

The Performer independently determines service pricing and must state pricing in good faith. Prices displayed to Users in Azerbaijan must be stated in Azerbaijani manats (AZN). If another currency is additionally displayed, the AZN amount must be shown first or as the primary price. Where a price is shown as “from”, the Performer must clearly communicate the final agreed amount and all mandatory additional costs known at that time before a booking is confirmed.

TOYBAYRAM may prevent publication or materially restrict visibility of a Performer profile, service description or price update until the Azerbaijani-language and AZN-display requirements in this section are satisfied. The Platform may require correction before the profile or update becomes publicly visible.

The Performer must not conceal a mandatory surcharge without which the agreed service cannot reasonably be performed and disclose it for the first time after a Confirmed Booking.

13.Formal proposal and price changes

Once the Performer sends the Customer a formal proposal with a specific price, the Performer may not unilaterally increase that price for the same scope of service and the same material conditions. If the circumstances or scope change, the Performer may submit a revised proposal, which becomes effective only after the Customer expressly agrees.

After a Confirmed Booking, the price may be changed only by mutual agreement through a Change Request or another clearly recorded agreement mechanism.

14.Equipment and technical requirements

Before confirmation, the Performer must state what equipment is included in the service, what must be supplied by the Customer or venue, and any technical, electrical, stage or other requirements necessary for proper performance.

15.Base Location and Travel / Service Area

The Performer must state the Performer’s base location separately from the area to which the Performer is willing to travel. Base Location and Travel / Service Area must be kept current so that search results do not create a misleading impression that the service is available in a selected city.

A Performer based in one city may appear in searches for another city if that city is within the stated travel area or the Performer has indicated availability throughout Azerbaijan.

16.Travel costs

Where travel is included in the price, this may be stated in the profile or proposal. Where a separate travel fee or other trip-related costs apply, they must be disclosed to the Customer and agreed before a Confirmed Booking.

17.Availability and calendar

The Performer must reasonably keep calendar and availability information current. An Available status is not an unconditional guarantee of a booking; however, systematically displaying false availability, creating fictitious open slots or withdrawing from confirmed dates without legitimate circumstances may be treated as a violation of Platform rules.

18.Date conflicts and commitments

Before confirming, the Performer must check that there is no conflicting commitment. Where a group or team is involved, the Performer is responsible for coordinating the availability of the relevant participants and for confirming only where the service can genuinely be performed.

III. REQUESTS, COMMUNICATION AND BOOKING CONFIRMATION

19.Receiving Requests

Receiving a Request does not require the Performer to accept the Event. The Performer may accept the Request, start a discussion, suggest changes or decline it using the actions provided by the Platform.

20.Good-faith response to a Request

When responding, the Performer must take into account actual availability, required format, geography, duration and other known conditions. The Performer must not state that the Performer is available where the Performer knows that the service cannot realistically be provided.

21.Messaging and communication

The Performer may use Messages and other Platform communication tools to discuss price, program, timing, venue, equipment, travel, technical requirements and other details. Communication must remain professional and must not be used for threats, harassment, spam, discrimination, fraud or unlawful collection of data.

22.Meetings and preliminary discussions

The Performer may agree with the Customer to an in-person meeting or online call. Meeting Proposed, Scheduled or Completed does not constitute a Confirmed Booking and does not remove the need to separately agree and confirm a Booking Agreement.

23.Negotiations and proposal versions

Before a Confirmed Booking, the parties may discuss the content of the service and propose changes. Each material new version must be clear to the Customer; the Performer must not present previous and revised terms as simultaneously binding.

24.Content of the Booking Agreement

Before confirmation, the Performer must verify that the Booking Agreement accurately states, where applicable, the parties, Event type, date, time and duration, venue and city, specific service, final price, equipment and technical requirements, Travel terms, special terms and other agreed provisions.

Before Confirmed Booking, the parties must also select and record the applicable Cancellation Terms / preset and state the status of any statutory 7-business-day withdrawal right where that regime applies to the Customer as a consumer. Confirmed Booking should not be created until those fields are completed.

The Performer must provide complete, current and accurate information required to form the pre-contract information block, including the essential characteristics of the service, the total agreed price including applicable taxes and all mandatory additional charges, payment and advance terms, and the order and timing of performance. TOYBAYRAM technically displays information as supplied or confirmed by the Performer and does not verify its accuracy. Providing materially incomplete or inaccurate information is a violation of these Terms and may result in restriction of the relevant offer, profile or account features.

25.Duty to review terms before confirmation

Before clicking Confirm & Accept Request, Confirm Booking or an equivalent action, the Performer must review the date, time, venue, service, price and other material terms. If they are incorrect or incomplete, the Performer must request correction before confirming.

26.Creation of a Confirmed Booking

A Confirmed Booking arises only after both parties expressly confirm the agreed terms through the mechanism provided by TOYBAYRAM.

Platform principle: Customer Confirmation + Performer Confirmation = Confirmed Booking. Until both confirmations occur, a Request, message exchange, meeting or unilateral acceptance must not be interpreted as final confirmation by the Platform.

27.Electronic records and versions

TOYBAYRAM may retain electronic records of proposals, confirmations, action timestamps and versions of agreed terms. Where material terms change, the new version must be separately agreed; previous versions may be retained in history for safety, support and dispute-management purposes.

28.No unilateral changes after confirmation

After a Confirmed Booking, the Performer may not unilaterally change price, date, time, venue, duration, service scope, the key individual performer or any other material term. Any change requires the Customer’s agreement.

29.Change Requests and rescheduling

A change initiated by either the Performer or the Customer becomes effective only after express agreement by the other party. Until accepted, the previously confirmed version of the Booking Agreement remains in force unless the parties expressly agree otherwise.

If the Customer proposes a new date, the Performer may accept or decline the rescheduling depending on actual availability.

30.Direct payments between the parties

Where the current version of the Platform provides for payments outside TOYBAYRAM, the Performer and Customer independently agree the payment method, timing and confirmation and carry out any agreed or mandatory returns directly between themselves. TOYBAYRAM does not receive, hold, transfer, initiate or carry out refunds of those funds, does not determine ownership of them and does not decide a financial dispute between the parties.

Any amounts displayed on the Platform or personal records indicating receipt of funds are informational only and do not constitute confirmation of an actual bank transfer by TOYBAYRAM.

IV. SERVICE PERFORMANCE AND PROFESSIONAL OBLIGATIONS

31.Obligation to perform a Confirmed Booking

After a Confirmed Booking, the Performer must provide the agreed service in good faith in accordance with the Booking Agreement, applicable law and reasonable professional standards relevant to the Performer’s category.

32.Punctuality and arrival

The Performer must arrive at the agreed time or with reasonable lead time where setup, sound check or preparation is required. If a delay occurs, the Performer must notify the Customer as early as reasonably possible and provide a realistic expected arrival time.

33.Professional conduct

The Performer must act professionally, respectfully and safely toward the Customer, guests, venue staff and third parties. Threats, violence, harassment, discriminatory conduct, intentional disorderly conduct or other behavior creating a material risk are prohibited.

34.Equipment and preparation

The Performer is responsible for equipment and materials the Performer is required to provide under the Booking Agreement. Such equipment must be suitable for its stated use and, where applicable, meet relevant safety requirements.

35.Venue and cooperation with the Customer

Where performance depends on venue access, electricity, stage, parking, permits, technical staff or other Customer-side conditions, the Performer must reasonably identify those requirements before confirmation. If an obstacle arises on site, the parties should in good faith attempt to find a practical solution.

36.Safety and lawful performance

The Performer is not required to carry out an unlawful act or an act presenting an obvious and immediate risk to life or health. In such a situation, the Performer should, where possible, inform the Customer and attempt to agree a safe alternative method of performance.

37.Team, group and engaged persons

Where the service is performed by a group, collective or team, the Performer is responsible for appropriately informing the Customer of the composition where the identity of particular participants is material. The Performer is responsible for persons engaged by the Performer in connection with the service to the extent provided by applicable law and the parties’ agreement.

38.Replacement of a key Performer

Where the Customer booked a specific individual, that person may not be replaced without the Customer’s express agreement unless the Booking Agreement expressly provides for another service format. A proposed substitute is not automatically accepted.

39.Completion of the service

After the Event actually ends or the service is performed, the booking may be moved to Completed status according to Platform logic. This status supports process tracking, reviews and history and does not itself mean that TOYBAYRAM has verified service quality or the absence of a dispute between the parties.

V. CANCELLATION, NO-SHOW AND EXCEPTIONAL CIRCUMSTANCES

40.Cancellation by the Performer

If the Performer cannot fulfil a Confirmed Booking, the Performer must notify the Customer without undue delay and use the Platform’s cancellation or messaging mechanism where available. The Performer should, where possible, minimize the consequences of a late cancellation for the Customer.

The financial consequences of Performer cancellation and No-Show, including the applicable advance-return rule, are governed by Appendix A to the Cancellation Policy. Any required return is made by the Performer directly to the Customer; TOYBAYRAM does not receive, hold, transfer or refund the advance and does not participate in carrying out the return.

41.Offering a substitute

In the event of cancellation, the Performer may use reasonable efforts to identify a comparable substitute. TOYBAYRAM does not guarantee that a substitute will be available, and the Performer may not treat the booking as automatically transferred to another person.

42.Customer consent to a substitute

Any proposed substitute Performer must be separately approved by the Customer. If the Customer does not accept the substitute, the original Performer and the Customer must resolve the consequences of cancellation directly in accordance with their agreement and applicable law.

43.No-Show

No-Show means a serious situation where the Performer has a Confirmed Booking, does not properly notify the Customer of cancellation, fails to attend or provide the agreed service, and there is no verified exceptional circumstance objectively explaining the failure to perform.

TOYBAYRAM treats No-Show as a serious marketplace violation and may immediately restrict, temporarily suspend or terminate the Performer’s account.

44.Repeated cancellations and reliability violations

Systematic late cancellations, repeated No-Shows, intentional confirmation of conflicting bookings, false Availability or other conduct undermining marketplace reliability may be taken into account by TOYBAYRAM when limiting visibility, restricting functionality, suspending or terminating an account.

45.Force Majeure

Force Majeure means extraordinary circumstances beyond the reasonable control of the relevant party that objectively prevent performance, such as natural disaster, war, civil unrest, a state of emergency, an official prohibition on the Event, material governmental or transportation restrictions, and other comparable external circumstances.

A Performer’s assertion of Force Majeure is not automatic recognition that the event qualifies as Force Majeure. If Force Majeure results in the Performer not providing the agreed service, return of the recorded advance is governed by Appendix A to the Cancellation Policy and is carried out by the Performer directly to the Customer. Other actually incurred expenses, losses and consequences are resolved directly by the parties taking into account the Booking Agreement and applicable law. TOYBAYRAM does not determine the financial outcome of the dispute and does not participate in payments or refunds.

46.Serious Illness / Emergency / Incapacity

Serious illness, medical emergency or sudden incapacity of the Performer is treated separately from the general concept of Force Majeure. Where reasonably practicable, the Performer must promptly notify the Customer, provide a reasonable explanation and discuss rescheduling or an acceptable substitute.

TOYBAYRAM may request reasonable information in order to assess a potential violation of Platform rules but is not required to resolve a financial dispute between the parties.

If Serious Illness / Emergency / Incapacity results in the agreed service not being provided, return of the recorded advance is governed by Appendix A to the Cancellation Policy and is carried out by the Performer directly to the Customer. Other actually incurred expenses and losses are resolved directly between the parties. TOYBAYRAM does not receive, hold, transfer or refund the relevant funds.

47.Financial Consequences of Cancellation and Disputes

Return or retention of an advance, reimbursement of expenses and other financial consequences are governed by the Cancellation Preset incorporated by reference from Appendix A to the Cancellation Policy, the parties’ direct Booking Agreement and applicable law.

Where a mandatory 7-business-day withdrawal right applies to a consumer Customer, the Performer must respect that right and its statutory exceptions; mandatory rights prevail over the selected Preset during the applicable period. TOYBAYRAM does not determine legal applicability for the parties.

TOYBAYRAM does not accept, hold or distribute the relevant funds, determine indebtedness or become a party to a financial dispute.

VI. REVIEWS, CONDUCT AND PLATFORM PROTECTION

48.Reviews of completed bookings

A Customer may leave a Review only for a genuine completed Confirmed Booking. The Performer acknowledges that a good-faith negative review or low rating is not, by itself, grounds for removal.

49.Rating manipulation is prohibited

The Performer must not create or organize fake reviews, ask persons who were not genuine Customers to post reviews, purchase ratings, offer compensation solely in exchange for a positive review, pressure a Customer to alter truthful feedback, or otherwise artificially influence ratings.

50.Complaints and Platform review

TOYBAYRAM may receive complaints, request explanations and reasonably relevant supporting materials from the Performer, review available Request, messaging and booking history, and take action solely for purposes of enforcing Platform rules.

Such review does not make TOYBAYRAM a court, arbitrator or party to the Booking Agreement and does not require the Platform to determine the parties’ civil liability.

51.Prohibited conduct

The Performer must not engage in fraud, impersonation, fake profiles, intentionally false information, fictitious services, fake reviews, harassment, threats, unlawful activity, intellectual property infringement, spam, misuse of personal data, interference with Platform operation, circumvention of technical restrictions, or other conduct prohibited by the Terms of Use.

52.Restriction, suspension and termination

TOYBAYRAM may apply a Warning, Feature Restriction, Temporary Suspension or Permanent Termination depending on the nature and seriousness of a violation. In cases of fraud, serious No-Show, threats, impersonation, material safety risk or repeated serious violations, the Platform may immediately apply a stricter measure to the maximum extent permitted by law.

53.No guarantee of bookings

TOYBAYRAM does not guarantee any particular number of profile views, Requests, bookings, customers, income, search position or continued ranking. Algorithms, categories, filters and display rules may change as the Platform develops.

54.No guarantee concerning Customers

To the maximum extent permitted by applicable law, TOYBAYRAM does not guarantee the identity, solvency, conduct, intentions, safety or performance of obligations of a particular Customer merely because the Customer has an account or any indicator on the Platform. The Performer independently evaluates reasonable interaction risks and may request necessary details before confirmation.

55.Limitation of TOYBAYRAM Liability

To the maximum extent permitted by law, TOYBAYRAM is not liable for Customer acts or omissions, venue quality, Event cancellation, breach of the direct Booking Agreement, lost Performer income, lost opportunities or other consequences of the direct Performer ↔ Customer relationship.

Where the Performer acts in a business or professional capacity and contractual limitation is permitted by law, TOYBAYRAM’s aggregate liability to that Performer is limited to the greater of AZN 500 (five hundred) or the commissions and other payments actually received by TOYBAYRAM from that Performer during the 12 months preceding the event giving rise to the claim.

If the Performer does not act in a business or professional capacity and, in the particular case, benefits from mandatory consumer rights, the contractual monetary cap does not apply to the extent those rights are governed by mandatory law. This clause does not limit TOYBAYRAM liability for its own acts where liability cannot lawfully be limited.

VII. CONTENT, DATA AND FINAL PROVISIONS

56.Rights in User Content

The Performer retains rights owned by the Performer in photos, videos, text and other materials. By publishing them on TOYBAYRAM, the Performer grants the Platform a non-exclusive right to store, technically process, display and use those materials to the extent necessary to operate the profile, search, Platform functionality and promotion of the profile within TOYBAYRAM services.

57.Third-party Claims and Indemnification

To the maximum extent permitted by law, a Performer acting in a professional or commercial capacity indemnifies TOYBAYRAM for documented losses and reasonable costs arising from third-party claims directly caused by unlawful content, infringement of third-party rights, fraud, false information, acts of persons engaged by the Performer or another material breach of these Terms.

The indemnity does not apply to loss caused by TOYBAYRAM's own wrongful conduct and applies only to the extent permitted by mandatory law.

58.Personal data and confidentiality

Processing of personal data is governed by the TOYBAYRAM Privacy Policy. The Performer may use Customer data obtained through the Platform only for lawful purposes connected with the relevant Request or booking and must not sell, publish, distribute or use such data for unagreed marketing.

59.Changes to these Terms and Renewed Acceptance

TOYBAYRAM may update these Terms as the Platform or law changes. Material changes may require renewed explicit acceptance through a clickwrap mechanism.

The Platform may retain an acceptance record including User ID, date and time, IP address and document version. Mere continued use does not replace explicit acceptance where acceptance is required.

60.Governing Law, Pre-action Claims, Language Versions and Contact

These Performer Terms are governed by the laws of the Republic of Azerbaijan, subject to mandatory law.

Where the Performer acts in a business or professional non-consumer capacity, sending a written pre-action claim to [email protected] and allowing 15 business days from receipt for TOYBAYRAM to respond is a contractual condition before filing a court claim against TOYBAYRAM, unless mandatory law permits otherwise or urgent interim relief is required. Where the Performer has consumer rights in the particular relationship, a pre-action claim is recommended but is not a condition restricting access to a competent authority or court.

For non-consumer disputes directly with TOYBAYRAM, the competent courts of Baku have contractual jurisdiction unless mandatory law requires otherwise. Any mandatory consumer jurisdiction rules remain unaffected.

This document is published in Azerbaijani, Russian and English. In the event of a discrepancy, the Azerbaijani version has prevailing legal force. Contact: [email protected]; Website: toybayram.az.