Terms and conditions
QONEXION TERMS & CONDITIONS
This Agreement is set forth between Qonexión, a Mexican corporation; its holding company, affiliates and subsidiaries (from now on referred to as Qonexión) and the Qonexión Exchanger (from now on referred to as The Resident). This agreement contains the complete terms and conditions that apply to The Resident becoming an Exchanger in the Qonexión Residency Exchange Program. The purpose of this Agreement is to allow The Resident to stay and use any of the participating Qonexión locations in exchange for promotion or content for Qonexión.
DECLARATIONS: On one hand Qonexión declares to be a provider of accommodation and related services; in Mexico City and Doha, respectively, and on the other, the Qonexión Exchanger main activity is the art production, promotion and provision of content.
2. The Resident Overview and Obligations
2.1 The Qonexión Residency Exchange Program will include, but not be limited to, the following disciplines, each Resident may opt for one of the following, followed by the current edition’s artistic direction:
c) The Arts
- Poet – Cultural Research
- Production Designers
- Digital Designer
- Scientific Arts
- Workshop Leader
- Upskilling Trainer / Mentor
e) Content & Marketing
- Video / Film Editor / Video Artist
- Image Retoucher
- Film Director
- Individual Volunteer
Each discipline selected by the Resident shall have its own set of rules and deliverables as set forth by Qonexión. The Resident may only be allowed to select the disciplines and activities related to them prior to their stay in accordance with this program.
2.2. To begin the enrollment process, The Resident will complete and submit the online application form that can be found at Qonexión’s official website. Qonexión may reject The Resident’s application at Qonexión’s sole discretion. Qonexión may cancel The Resident’s application if Qonexión determines that The Resident has not followed the Qonexión Guidelines as established in this agreement and/or in the Qonexión Residency Exchange Program Guidelines handbook that Qonexión may provide through digital form or physical form at the location Qonexión has chosen The Resident for or by the Email address supplied by The Resident.
2.3 Following Qonexión’s Guidelines, The Resident will promote or provide Content for Qonexión, which will be agreed upon before The Resident’s arrival and which may change from time to time throughout The Resident’s participation in this program. Promotion includes Instagram, Twitter, Facebook, Email or any other approved Social Media. Qonexión must be tagged @qonexion and #QonnectingCreatives. Content to be approved on a case by case basis.
2.4. The term of The Resident’s stay in the Qonexión location under the Residency Exchange Program will be no less than the term established in the Deliverables Form.
2.5 Qonexión is not responsible for any damage suffered, loss, or theft of The Resident’s property.
2.6. The Resident will act professionally at all times; while Qonexión encourages that The Resident has fun while participating in this program, The Resident must always behave properly and not commit any illegal activity, consume any illegal drugs or excessive alcohol.
3. Qonexión Rights and Obligations
3.1. Qonexión will provide The Resident with a room at the participating Qonexión location of Qonexión’s choosing for the period of time as set forth in the Deliverables Form.
3.2. Any food, beverage, or any other service not mentioned in the Deliverables Form requested by The Resident is not part of this agreement and must be paid separately by The Resident.
3.3. Qonexión reserves the right to terminate this Agreement and The Resident’s participation in the Qonexión Residency Exchange Program immediately and without notice to The Resident should The Resident fail to follow any of these Terms and Conditions, fail to follow Qonexión’s established guidelines or should The Resident abuse this program in any way. If such fraud or abuse is detected, Qonexión will promptly terminate this agreement, The Resident’s participation, and let The Resident go. At this point The Resident will be responsible for the accommodation cost and any other applicable fees incurred by Qonexión for the purposes of the program.
3.4. This Agreement will begin upon Qonexión’s acceptance of The Resident’s Exchange application and will continue until the term as set forth in the Deliverables Form; or The Resident has stayed and completed all The Resident’s obligations in the participating Qonexión location; or unless terminated hereunder.
3.5 After Qonexión confirms The Resident’s application to the Qonexión Residency Exchange Program, Qonexión will notify The Resident in writing with the initial date and term of The Resident’s stay and other obligations.
Either The Resident or Qonexión may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by The Resident. The Resident is responsible for its own accommodation and other applicable fees in the case that The Resident terminates this agreement before the established term as set forth in the Deliverables Form, in which case The Resident must pay any outstanding fees on The Resident’s departure. In the case that The Resident does not deliver satisfactorily as set forth in the Deliverables Form, the Resident will be responsible for the cost that Qonexión incurred in accommodating The Resident at the Qonexión location for the purposes of the program. Upon termination The Resident must immediately vacate the room that Qonexión has provided.
5. Limitations of Liability
QONEXIÓN WILL NOT BE LIABLE TO THE RESIDENT WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF QONEXIÓN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL QONEXIÓN’S CUMULATIVE LIABILITY TO THE RESIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL VALUE OF THE SERVICES RENDERED BY THE RESIDENT UNDER THIS AGREEMENT.
6.1. The Parties agree that the purpose of this program is to establish a relationship in which Qonexión provides accommodations to The Resident in exchange for The Resident’s craft, and as such, The Resident is an independent exchanger, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between The Resident and Qonexión. The Resident will have no authority to make or accept any offers or representations on Qonexión’s behalf. The Resident will not make any statement, whether on The Resident’s site/Social Media/blogs or any other form of media, whether written, physical, or electronic or otherwise, that reasonably would contradict anything in this Section.
6.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
6.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Qatar without regard to the conflicts of laws and principles thereof.
6.4. The Resident may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
6.5. This Agreement represents the entire agreement between Qonexión and The Resident and shall supersede all prior agreements and communications of the parties, oral or written.
6.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
6.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.