As far as I understand, certain types of clauses that are fully enforcable if added to a written contract are not enforcable as part of a "Terms and conditions" document.
For example, I can imagine that "the user hereby agrees to pay to Company X an amount of 10 Million USD in exchange for the services" would be enforcable if part of a written contract, but not as part of the terms and conditions of a software package.
However, my question is about the terms and conditions of a specific Canadian company, namely Voices.com (I've highlighted the important parts):
3. Payment Service: Payments for voice talent work must be made through Voices.com and not from Client to Talent directly. Payments for the purchase of voice talent are held by Voices.com until the voice talent delivers the product to the Client, and the Client confirms the work is complete. Voices.com will pay the Talent on its next scheduled payout date. Users will not circumvent the Voices.com payment procedures. Prohibited acts include (but are not limited to) the following:
Submitting proposals to or soliciting Clients identified on Voices.com to contact, hire, manage or pay outside Voices.com.
Accepting proposals from or soliciting voice talent identified on Voices.com to contact, deliver voice talent work, invoice, or receive payment outside Voices.com.
Voices.com obviously wants Voice actors to be paid via voices.com, because that allows them to ask for a commission on the price. However they don't openly state their commissions, and they have recently been found to ask very high commissions between 40 and 80%.
My questions are:
Would I be liable for fraud (or something like that), if I as a voice actor contact a client whom I identified for an assignment on Voices.com, and receive payment for that outside of Voices.com (given that these are terms and conditions instead of an actual contract)?
If I follow Voices.com's terms and conditions for a CURRENT job, but receive payment for the NEXT job from the same Client directly (which I "identified on Voices.com), would that be legal? Or am I not allowed to pay outside Voices.com for future jobs either?