Terms & Conditions


By using or accessing the Platform, you (the “influencers) hereby agree to be bound by these terms and conditions. Any changes or amendments to this agreement will be at the discretion of BEAUTYNESIA GO VIRAL and the continued use of the platform will serve as an acceptance and agreement of these changes:

    1. In this Agreement the following words shall have the following meanings:
      1. “Agreement” means these terms and conditions, and the Platform’s terms of use, as amended from time to time by BEAUTYNESIA GO VIRAL;
      2. “Applicable Laws” means all applicable laws, regulations, decrees, decisions, by-laws, codes issued by Competent Bodies;
      3. “Budget” means the budget of Fees relating to the applicable Project as confirmed by the Client;
      4. “Client” means any person or entity procuring Projects, Works, Deliverables or Services via the Platform;
      5. “Competent Body” means any judicial, governmental or regulatory authority in the applicable jurisdiction;
      6. “Deliverables” means the deliverables confirmed by the Client in relation to each Project;
      7. “Fees” means any and all costs relating to the provision of the Services and the delivery of the Deliverables in accordance with the Budget.
      8. “Inappropriate Content” means content that is obscene, libellous, offensive, contrary to social, cultural and religious standards and customs, or deemed inappropriate by any Competent Body;
      9. "Intellectual Property” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, 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;
      10. “Platform” means the online platform goviral-kol.beautynesia.id;
      11. “Project” means any Works or Services commissioned by the Client via the Platform; and
      12. “Services” means the creation and delivery of the Works and Deliverables in accordance with this Agreement.
    2. In this Agreement:
      1. clause headings are for ease of reference only and shall not affect the interpretation of this Agreement;
      2. the singular includes the plural and vice versa and words denoting any gender include all genders; and
      3. “including” means ‘including but not limited to’.
  2.  TERM
    1. This Agreement shall come into force on the Commencement Date and, unless terminated early in accordance with the terms of this Agreement, shall continue until completion of the Services, delivery by the Influencer to the Producer of all applicable Deliverables and payment of all sums due under this Agreement (the “Term”).
    1. The Influencers shall:
      1. only communicate with the Client via the Platform;
      2. inform BEAUTYNESIA GO VIRAL immediately if the Client has communicated to them directly using any means outside of the BEAUTYNESIA GO VIRAL Platform.
      3. Where applicable, adhere to the specifications of Services set out in Schedule 1;
      4. Update the Influencer’s profile on the Platform in a timely and accurate manner. Any amendments to the Influencer’s profile following offer of any Project by a client shall not apply to that Project;
    2. The Influencer warrants, covenants and undertakes to provide the Services throughout the Term with the highest standards of skill and care and in accordance with the best working practices in applicable industry sector to which the Services relate.
    3. Any time for performance of the Services shall be as specified via the Platform or otherwise communicated by BEAUTYNESIA GO VIRAL or the Client. In any event, all Deliverables must be completed and delivered to the reasonable satisfaction of BEAUTYNESIA GO VIRAL on or before the Delivery Date. Late delivery of any Deliverables may result in deduction if prescribed by the Client.
    4. If no time for performance is specified for completion of the Services or the delivery of any Deliverables, the Influencer shall perform the Services or deliver the applicable Deliverables on the date specified by BEAUTYNESIA GO VIRAL acting reasonably, given the nature and extent of the Services.
    1. As consideration for the provision of the Services, the Influencer shall be entitled to invoice BEAUTYNESIA GO VIRAL for the Fees following.
    2. Budget approval and variation shall be subject to the written approval of the Client.
    3. BEAUTYNESIA GO VIRAL may at any time without notice to the Influencer set-off any liability of the Influencer to BEAUTYNESIA GO VIRAL against any liability of BEAUTYNESIA GO VIRAL to the Influencer, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this Agreement.
    4. The Influencer shall be solely and absolutely responsible for ensuring that all Influencer personnel are paid in a prompt manner, including in the event that BEAUTYNESIA GO VIRAL delays, suspends or cancels payment to the Influencer pursuant to the terms of this Agreement and the Influencer shall indemnify BEAUTYNESIA GO VIRAL in respect of the same.
    5. All payments by BEAUTYNESIA GO VIRAL to the Influencer will be subject to:
      1. delivery of all Deliverables and approval of such Deliverables of the Client.
    6. BEAUTYNESIA GO VIRAL obligated to deduct coordinate and transfer fee of Influencers.
    1. BEAUTYNESIA GO VIRAL shall be entitled to immediately suspend or terminate this Agreement, and the Influencer shall immediately cease performance of the Services upon any form of communication (including by email), including if BEAUTYNESIA GO VIRAL reasonably believes that the Influencer:
      1. is in breach of Applicable Laws; or
      2. has materially breached the terms of this Agreement;
      3. suspends payment to its creditors or generally is unable to pay its debts, ceases business operations or commences any form of insolvency process.
    2. BEAUTYNESIA GO VIRAL shall be entitled to terminate this Agreement for any reason by giving no less than 30 days’ prior written notice (including by email) in respect of all or some of the Services.
    3. In the event of termination of this Agreement for any reason, the Fees solely in respect of Deliverables delivered by the Influencer and approved by the Client at the date of termination shall be payable by BEAUTYNESIA GO VIRAL to the Influencer.
    4. Following termination of this Agreement by either Party for any reason, save for the provisions of this Agreement that by their nature shall survive such termination (including clauses li3, li4, 9, 10, 11, and 14), the Parties shall be relieved of any further obligations under this Agreement.
    1. BEAUTYNESIA GO VIRAL hereby warrants and represents to the Influencer that BEAUTYNESIA GO VIRAL has the capacity to enter into, execute and deliver this Agreement and no further action will be or is necessary on the part of BEAUTYNESIA GO VIRAL to make this Agreement legal, valid, binding and enforceable on BEAUTYNESIA GO VIRAL in accordance with the terms of this Agreement.
      The Influencer acknowledges, covenants, warrants and represents that:
      1. the Influencer has the capacity to enter into, execute and deliver this Agreement and no further action will be or is necessary on the part of the Influencer to make this Agreement legal, valid, binding and enforceable on the Influencer in accordance with the terms of this Agreement;
      2. the Influencer is not subject to any contract, order, or judgment that will (whether owing to the giving of notice, lapse of time, or both) prohibit or prevent the completion of the transactions contemplated by this Agreement or the performance of its obligations under this Agreement;
      3. the Influencer shall at all times be in compliance with all Applicable Laws and will assist BEAUTYNESIA GO VIRAL to co-operate with the requirements of any Competent Body;
      4. the Influencer shall at all times observe and comply with all health and safety obligations and any related risk assessments;
      5. all third party licenses relating to the Project (including the rights to use any third-party Intellectual Property) are valid and enforceable and use of any content provided by the Influencer (or its representatives) in relation to the performance of the Services by BEAUTYNESIA GO VIRAL shall not infringe the rights of any third party or contravene any Applicable Laws, save as disclosed in advance of submission of the applicable Works to any party via the Platform;
      6. the Influencer has read and understands this Agreement and has obtained any and all professional advice necessary to fully understand the same and shall take all steps necessary to comply with the requirements of this Agreement;
      7. all information and documents supplied by the Influencer or any of its agents or representatives under this Agreement (whether in writing, verbally or by any other means and whether directly or indirectly) have been prepared and disclosed with utmost good faith, care and diligence and shall be at all times in all respects true, accurate, complete and not misleading;
      8. the Influencer will ensure that all applicable insurance policies remain in full force and effect and shall do nothing which may cause cover under such insurance policies to be prejudiced;
      9. where a Client has approved a script, storyboard, brief, or proposal in relation to any Project, there shall be no material differences between the approved and the Deliverable;
      10. the Works shall not contain Inappropriate Content;
      11. the Budget is and at all times will be a comprehensive, informed and bona fide estimate of all expenditure likely to be incurred in relation to each Project; and
      12. the Influencer shall not do any act to bring, BEAUTYNESIA GO VIRAL, any Client, location, personnel or any Competent Body into disrepute.
    1. The Influencer shall be entitled to credits in the end scroll of the Project strictly subject to the sole and absolute discretion of BEAUTYNESIA GO VIRAL and/or the Client.
    2. Where the Influencer or any of its sub-Influencers, employees, representatives of Affiliates is granted the right to a credit on the Project, no inadvertent failure of BEAUTYNESIA GO VIRAL or BEAUTYNESIA GO VIRAL’s Client to deliver such credits shall be deemed a breach of this Agreement.
    1. Any and all Intellectual Property existing and owned by a Party prior to the Commencement Date shall remain exclusively owned by that Party ("Existing IP").
    2. Ownership of all Intellectual Property in and to the Project shall at all times remain vested in and belong to BEAUTYNESIA GO VIRAL, its successors and assigns as author of the Project on a worldwide basis for the maximum time allowed by Applicable Laws. All Intellectual Property in all documents and materials produced by the Influencer in connection with the Services (including but not limited to the Deliverables, all text, audio, visual, audio-visual, photographs, research, images, designs, models, sketches, drawings, recordings and plans including all preliminary drafts or earlier versions of the materials and documents) (the “Works”) shall vest in BEAUTYNESIA GO VIRAL. Where any Works include the Influencer’s Existing IP, the Influencer licenses to BEAUTYNESIA GO VIRAL the worldwide, irrevocable, royalty free right in perpetuity to use the Influencer’s Existing IP as BEAUTYNESIA GO VIRAL may deem necessary in its sole and absolute discretion for the unfettered exploitation of the Project.
    3. The Influencer hereby assigns to BEAUTYNESIA GO VIRAL for the whole term of such rights together with any and all reversions, extensions or renewals, the following rights throughout the world:
      1. the entire copyright and all other rights (including any database rights) in the nature of copyright and all rights of commercial exploitation;
      2. all other rights of whatever nature, whether now known or created in the future, to which the Influencers now or may at any time after the date of this Agreement be entitled by virtue of any of the laws in force in any part of the world, in and to the Works and in all preliminary drafts or earlier versions of the Works;
      3. all related rights and powers arising or accrued, including the right to sue for damages and other remedies for any infringement of any of the rights listed above in this clause 9 which occurred prior to the date of this Agreement; and
      4. all rights in the Works by virtue of the Influencer’s status as an author or co-author of the Works
    4. At BEAUTYNESIA GO VIRAL’s request:
      1. the Influencer shall provide to BEAUTYNESIA GO VIRAL all requested assistance with any proceedings, which may be brought by or against BEAUTYNESIA GO VIRAL, its successors, assigns and licensees against or by any third party relating to the Intellectual Property or exploitation of the Works by BEAUTYNESIA GO VIRAL; and
      2. the Influencer shall do or procure to be done all such further acts and things, and execute or procure the execution of all such other documents, as BEAUTYNESIA GO VIRAL may from time to time require in order to enable BEAUTYNESIA GO VIRAL its successors, assigns and licensees to protect, perfect, enforce or enjoy the Intellectual Property.
    5. To the extent any rights cannot be automatically assigned by the Influencer to BEAUTYNESIA GO VIRAL due to any Applicable Laws, the Influencer hereby grants to BEAUTYNESIA GO VIRAL in respect of the Works an exclusive, royalty-free, transferable, irrevocable, worldwide licence (with rights to sublicense through multiple tiers of sublicenses) to practice such non-assignable rights, including, but not limited to, the right to use, reproduce, distribute and modify any future Works.
    6. To the extent any of the rights in and to such works can neither be assigned nor licensed by the Influencer to BEAUTYNESIA GO VIRAL, the Influencer hereby irrevocably waives and agrees never to assert such non-assignable and non-licensable rights against BEAUTYNESIA GO VIRAL, its successors in interest, or any of BEAUTYNESIA GO VIRAL’s customers. No rights of any kind in or to the future Works are reserved to or by the Influencer or shall revert to or be reserved by or on behalf of the Influencer.
    7. The Influencer warrants and represents that in respect of the Intellectual Property provided or created by the Influencer and/or its Influencers, employees and representatives relating to the Works that:
      1. Unless notified by the Influencer to BEAUTYNESIA GO VIRAL and the Client, and subject to approval of the information in such notification by the Client prior to delivery of the applicable Work or Deliverables, the Influencer is either the sole and exclusive owner of the Personnel IP or has all necessary rights, licenses, consents and releases in such Personnel IP that are necessary to assign to BEAUTYNESIA GO VIRAL the rights contemplated under this Agreement; and
      2. the Personnel IP does not infringe any Applicable Laws or third party Intellectual Property or other rights
    8. The Influencer hereby waives any and all moral rights applicable to the Works wholly and exclusively pursuant to this Agreement (and the Influencer shall procure waivers of any moral rights by all applicable third parties).
    1. Notwithstanding anything to the contrary in this Agreement, the Influencer acknowledges that in no event shall BEAUTYNESIA GO VIRAL be liable to the Influencer or any third party (including for any delay) arising from:
      1. BEAUTYNESIA GO VIRAL’s suspension of the Services or termination of this Agreement in accordance with the terms of this Agreement;
      2. Failure by the Client to timely approve or disapprove any Deliverables or any other products of the Services;
      3. Any party’s failure to provide all relevant information and/or resources required to enable the Influencer to provide the Services;
      4. the acts, omissions (whether negligent or otherwise) of any Client; or
      5. any loss or damage due to viruses that may infect equipment, data or other property of the Influencer used in connection with the Services.
    2. In no event shall either Party be liable for any indirect, punitive, exemplary or consequential loss or damages, or any loss of reputation, income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption.
    3. For the purposes of clauses li5 to li7, a reference to BEAUTYNESIA GO VIRAL shall include BEAUTYNESIA GO VIRAL's Affiliates and assignees, and the provisions of this clause shall be for the benefit of BEAUTYNESIA GO VIRAL and each such Affiliate and assignee, and shall be enforceable by each such Affiliate and assignee, in addition to BEAUTYNESIA GO VIRAL.
    4. The Influencer shall indemnify BEAUTYNESIA GO VIRAL against all liabilities, costs (whether internal or paid to third parties), expenses, damages and losses (including but not limited to any and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by BEAUTYNESIA GO VIRAL arising out of or in connection with:
      1. any breach of the warranties or covenants of the Influencer under this Agreement;
      2. the Influencer's breach or negligent performance or non-performance of this Agreement;
      3. the enforcement of this Agreement by BEAUTYNESIA GO VIRAL;
      4. any claim made against BEAUTYNESIA GO VIRAL for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with BEAUTYNESIA GO VIRAL’s use of the Deliverables and/or the Influencer’s performance of the Services; and
      5. any claim made against BEAUTYNESIA GO VIRAL by a third party for death, personal injury or damage to property arising out of or in connection with the Services, to the extent that such death, personal injury or damage is attributable to BEAUTYNESIA GO VIRAL acting on the instructions of the Influencer, its employees, agents or sub-Influencers.
    5. If a payment due from the Influencer under this clause is subject to tax (whether by way of direct assessment or withholding at its source), BEAUTYNESIA GO VIRAL shall be entitled to receive from the Influencer such amounts as shall ensure that the net receipt, after tax, to BEAUTYNESIA GO VIRAL in respect of the payment is the same as it would have been were the payment not subject to tax
    6. Nothing in this clause 10 shall restrict or limit the Influencer's general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this clause li
    7. BEAUTYNESIA GO VIRAL’s total liability for any loss or damage directly caused to the Influencer by BEAUTYNESIA GO VIRAL in connection with the Services shall be limited to a sum equivalent to 50% of the Fees.
    8. The Influencer acknowledges and agrees that in the event of any default by BEAUTYNESIA GO VIRAL, the Influencer's only remedy shall be an action at law for money damages, if any, actually suffered by the Influencer and in no such event shall the Influencer thereby be entitled to rescind this Agreement or to enjoin the development, production, distribution, advertising, or exploitation of the Works or any Intellectual Property rights therein.
    1. In the event that the Influencer receives a claim pursuant to the indemnity provisions set out in this Agreement (each a “Relevant Claim”), the Influencer shall:
      1. as soon as reasonably practicable give written notice of the Relevant Claim (with reasonable detail) to BEAUTYNESIA GO VIRAL;
      2. conduct any litigation arising from a Relevant Claim and all negotiations in connection with such litigation;
      3. not make any admission of liability, agreement or compromise in relation to the Relevant Claim (save where required by Applicable Laws) which may be prejudicial to the defence or settlement of that Relevant Claim without the prior written consent of BEAUTYNESIA GO VIRAL; and
      4. at the written request of BEAUTYNESIA GO VIRAL, afford to BEAUTYNESIA GO VIRAL all reasonable assistance for the purpose of contesting any Relevant Claim, provided that the Influencer shall pay to BEAUTYNESIA GO VIRAL all reasonable costs and expenses (including but not limited to legal costs and disbursements) incurred by BEAUTYNESIA GO VIRAL in so doing.
    1. The Influencer shall obtain and maintain such valid insurance as is required by the Project specifications and as approved by BEAUTYNESIA GO VIRAL acting in good faith.
    1. In the event that BEAUTYNESIA GO VIRAL is unable to perform any obligation under this Agreement because of a matter beyond its reasonable control including lightning, flood, exceptionally severe weather conditions, fire, disruption to the national power grid, explosion, war, civil disorder, industrial disputes, royal demise or acts of local or central government or other Competent Body, or events beyond the reasonable control of BEAUTYNESIA GO VIRAL and/or if BEAUTYNESIA GO VIRAL’s suppliers are requested, required or ordered to cease or suspend the performance of any Services by any Competent Body, BEAUTYNESIA GO VIRAL shall have no liability to the Influencer for that failure to perform any part of this Agreement.
    2. Where either Party is unable to perform its obligations at the due time for performance prescribed by this Agreement, BEAUTYNESIA GO VIRAL shall be entitled to terminate this Agreement without prejudice to the Influencer’s liability to perform all obligations and/or BEAUTYNESIA GO VIRAL’s obligation to pay the sums due for services rendered prior to the event of force majeure under this Agreement.
    1. The Parties shall keep in confidence any information (whether written or oral) of a confidential nature (including software and manuals) obtained under this Agreement and shall not disclose that information to any person (other than their employees, independent Influencers or professional advisers, or in the case of the Influencer, the employees of the Influencer company or its suppliers who need to know the information or any other telecommunications or broadcast service providers associated with provision of the Services) without the consent of the other Party.
    2. Clause li1 shall not apply to any information:
      1. which has been published other than through a breach of this Agreement;
      2. lawfully in the possession of the recipient before the disclosure under the Agreement took place;
      3. lawfully obtained from a third party who is free to disclose it; or
      4. which a Party is required by the Applicable Laws to disclose.
    3. The Influencer shall not make any announcement or otherwise publicise that any negotiations, discussions or agreements have, were or are taking place between the Parties or publicise the existence of or disclose to any person the provisions of this Agreement or any of the Services contemplated herein without the prior written consent of BEAUTYNESIA GO VIRAL.
  15.  NOTICES
    1. Any notice to be served by either party shall be in writing and by email and delivered by hand or courier (recorded delivery) sent to BEAUTYNESIA GO VIRAL at official@beautynesia.id and to the Influencer at the contact email address provided on the Platform.
    1. The Influencer acknowledges and agrees that, provided that such activities are conducted in compliance with prevailing and applicable data protection laws and regulations, BEAUTYNESIA GO VIRAL shall be entitled to store, use, publish and disseminate information received from the Client or its representatives in such manner as BEAUTYNESIA GO VIRAL deems appropriate in its sole and absolute discretion.
    2. Data may be used to enhance, customize and personalize your BEAUTYNESIA GO VIRAL experiences and communications; operate, provide, improve and maintain BEAUTYNESIA GO VIRAL’s products and services, including analyzing user behavior and trends; provide insight and analysis into performance of projects; send administrative messages and other information about BEAUTYNESIA GO VIRAL; communicate with you about your interactions, account information or customer service; communicate with you about our products, services and events, and for other promotional purposes; administer promotions, events, surveys or other features; display relevant marketing to you.
    3. We may disclose information upon governmental request, in response to a court order, when required by law, to enforce policies, or to protect BEAUTYNESIA GO VIRAL or others' rights, property or safety. We may share information to prevent illegal uses of BEAUTYNESIA GO VIRAL’s products and services or violations of the Terms of Use, or to defend BEAUTYNESIA GO VIRAL against third-party claims. We may also share information with companies assisting in fraud protection or investigation.
    4. Information may be transferred to a third party as a part of business assets in a sale of a part or all of BEAUTYNESIA GO VIRAL. If this should happen, notice will be provided by posting to the website or other form of communication.
    5. BEAUTYNESIA GO VIRAL use a variety of security measures, including encrypting our services using SSL (Secure Sockets Layer), to help protect your information. BEAUTYNESIA GO VIRAL use secure servers and databases and restrict access to personal information to employees, contractors and agents who need to know that information in order to process it on behalf of BEAUTYNESIA GO VIRAL.
    6. However, like other companies, BEAUTYNESIA GO VIRAL cannot guarantee 100% the security or confidentiality of the information you provide to us.
    1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.
    2. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
    3. This Agreement represents the entire understanding and agreement between BEAUTYNESIA GO VIRAL and the Influencer in relation to the Services and all previous courses of dealing, written or oral understandings, discussions, representations, correspondence and communications between BEAUTYNESIA GO VIRAL and the Influencer relating to the matters covered by this Agreement are hereby superseded.
    4. Any condition, warranty or other term concerning the supply of goods or services which might otherwise be implied, whether by legislation or otherwise, is hereby excluded.
    5. The Influencer has not relied upon, and shall have no remedy in respect of, any warranty, statement, representation or understanding made by any Party including BEAUTYNESIA GO VIRAL unless it is expressly set out in this Agreement.
    6. Any waiver by either Party of a breach by the other of any provision of this Agreement shall be limited to the particular breach and shall not operate in any way in respect of any future breach by any Party. No delay on the part of a Party to act upon a breach shall be deemed to be a waiver of that breach.
    7. Neither Party may assign, transfer or novate any or all of the rights and obligations under this Agreement without the prior written consent of the other Party. Notwithstanding the foregoing, either Party can sub-contract its obligations provided that the Party sub-contracting remains primarily liable to meet all payment or other obligations to the other Party.
    8. If any provision of this Agreement is held by any Competent Body to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provisions in question shall not be affected.
    9. Each Party shall be under a duty to mitigate all losses in the event of any suspension or breach of this Agreement and/or event of Force Majeure.
    10. All of the terms, agreements, covenants, representations, warranties, and conditions of this Agreement are binding upon, and inure to the benefit of and are enforceable by, the Parties hereto and their respective employees, Affiliates, parent entities, subsidiaries, successors and assigns.



For the purposes of interpretation, “Influencer” shall be deemed to be comprised within the definition of “Influencer”.

Influencer Responsibilities

  • Influencer shall respond within 24 hours of offer to accept or decline the Project. Failure to respond in such time will be deemed declining.
  • Each sponsored photo or video shall allow the Client to have a maximum 2 (two) revisions.
  • Influencer shall be responsible for creating caption, unless otherwise specified by client.
  • The data provided by the Influencer in the platform shall include the production of original content and placement on the mutually agreed websites.
  • Include a disclaimer that the post is sponsored, e.g. #ad
  • Influencer shall use all best efforts to ensure that the sponsored post attains the minimum number of views prescribed by the applicable project brief (KPI: “Likes and Engagement”)
  • Influencer is encouraged to support the performance of the sponsored post to achieve the KPI via Influencers social media channels.
  • The Influencer will report to the Client regarding content performance report, 24 (twenty four) hours for instagram story, 14 (fourteen) days for Video post and Photo post.
  • Influencer will send related documents such as screenshot of Instagram Business report at the end of the Project and report of achievement.