Promoter Terms & Conditions
In this agreement:
- "You" or the "promoter" refers to the agent, promoter or third party supplier of tickets to any Event or Events. This can include bands, venues or event organisers.
- "We" and "us" indicates Ticketlab and "Website" means any online website run by us or a means to purchase tickets online. This also stretches to include the administration areas the Promoter may use to manage the Event and it's tickets.
- "Customer" means any individual who uses the Ticketlab website and/or purchases tickets through the Ticketlab website or for whom a booking is made by a third party.
- "Event" refers to the individual ticketed event or events featured on our Website.
- "Tickets", "Booking" or "Reservation" means any allocated ticket with a unique booking reference. These tickets act as Right of Admission for the advertised events (but do not guarantee admission, as detailed in the terms below).
- "Admission List" pertains to the finalised list of all Tickets purchased for an Event and comprises of unique booking references and ticket-holder personal details by which they can be identified.
By signing up with Ticketlab as a Promoter, the Promoter agrees to abide by all Terms as laid out in this document. The Promoter agrees they are responsible for any access to their Promoter Account using their login information and that any access complies with these Terms.
By creating an Event on our Website, the Promoter agrees that Ticketlab is appointed to act as non-exclusive Ticket agent for that Event. Ticketlab agrees to host and facilitate the sale or distribution of these tickets (at our discretion and except where that Event is in breach of these Terms) via electronic means. Ticketlab do not provide physical tickets unless otherwise agreed with the Promoter.
Use of the Ticketlab website is governed by Ticketlab's general terms. By using the website you agreee to be bound by these terms as well.
The Promoter has an obligation to any Ticket-holder or prospective Ticket-holder to provide accurate and up-to-date information on our Website.
Within the scope of individual Events, the Promoter may indicate certain criteria and terms for Customers to adhere to in order to gain admission (not limited to, but including age and conduct within venues). Ticketlab will not be responsible for enforcing these terms and any issues arising therein will be the responsibility of the Promoter to resolve. The Promoter also takes responsibility for drawing the Customer's attention to these additional Terms not covered in our Terms For Customers.
The Promoter must ensure that the tickets made available via our Website are correctly allocated and that Ticketlab cannot be held responsible for the sale of Tickets beyond the Event capacity. The Promoter agrees that they will not sell this allocation by any other means unless available Tickets are first removed from our Website.
The Admission List is available to the Promoter at any time up until and after the Event has run, however if printing the Admission List, the Promoter must ensure this is only done after Tickets have been taken off sale (automatically by setting the "off sale" date and time, or manually by editing the event and taking the Tickets off sale). The Promoter must ensure the Admission List is kept on the door of the Event to verify all ticket holders, either in printed form or by accessing it live using a suitable web-enabled technology.
The Promoter will ensure all persons attempting to gain admission to the Event bear a correct unique Booking Reference either by scanning the QR code on the e-ticket, by entering the code in to the Event Manager, or by checking the code against the Admission List. To validate the ticket properly, the Promoter should check that the ticket-holder is named against their booking reference on the Admission List. If all of this bears to satisfaction, the Promoter agrees to permit entry to the Event to the ticket-holder and the number of accompanying persons as specified on the Admission List.
Ticketlab's unique Booking Reference numbers are to be treated in all ways equivalent to bearing a physical ticket, and carry the same value to the Promoter and all Customers attending the Event.
Any party attempting admission without a unique Booking Reference or ticket, whose Booking Reference is correct, but whose name doesn't match that on the Admission List or who cannot provide adequate identification should not be admitted. Our site does allow tickets to be reallocated to a different name, but this should be done prior to the event "doors open" time. In addition, should we inform you that a Customer has obtained a Booking Reference fraudulently, you should deny that individual entry to the Event.
The Promoter agrees to accept our standard payment terms (see below), except where alternative arrangements are clearly stated.
The Promoter should advertise tickets for sale via Ticketlab on all relevant marketing materials and to include the Event link on all relevant sites.
The Promoter agrees not to upload or submit information to the Website which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties. The Promoter also agrees not to use the Event URL, Ticketlab or any of it's associated properties in any illegal or unauthorised publicity.
Ticketlab and the Promoter agree that any tickets created via our Website are the property of the Promoter, and that Ticketlab never buys or re-sells any Tickets without the Promoter's express permission.
Ticketlab agrees to display your event and it's details on our Website. We retain the right to alter the design and layout of the Website at any time including where the Promoter has customised pages or areas pertaining to their Events using our design tool. We also reserve the right to remove an Event at any time and for any reason either stated or unstated in these Terms.
We agree that we will take payment from Customer to the full face value of the Ticket as defined by you, the Promoter. We will forward the payment on to you in accordance with our payment terms. The Promoter will not be charged for this service unless otherwise agreed. Ticketlab does add a booking fee that the Customer will pay upon checking out. This fee will be clearly indicated prior to payment.
If there are any major changes to the event including cancellation, date/time change and content of the event changing (different acts, venue change etc.) you must update your Event listing immediately upon your becoming aware of the change. This should then inform existing ticket holders of the change via email. In cases where tickets are still valid, the customer will have the option to seek a refund and cancel their Ticket(s). Under these circumstances, or where Tickets are no longer valid, we will refund the face value of the Tickets to the Customer on your behalf. This refund will be deducted from any funds due to you. Ticketlab will retain the booking fee charged to the Customer even in cases of refund. This enables us to cover processing fees etc. If the Customer doesn't opt for a refund, their Ticket(s) will still be deemed to be valid and they should be admitted to the Event in the usual way.
By default, all events which require payment are processed via Ticketlab's Paypal account. It is possible to apply to receive funds through an alternative payment provider (Nochex Online Payment Services). Terms for both alternatives are outlined below.
Following your Event, and for events set up to accept payment via Paypal, we will pay you the total face value of all Tickets sold through our Website (as detailed in the Allocation List) minus any charge-backs or refunds issued. The money will be made available to you via a standard bank transfer within 14 days of your event. This transfer is subject to standard banking conditions. The Promoter is responsible for ensuring the correct payment details are associated with their account. Ticketlab will not accept any responsibility for payments lost through incorrect bank account details. It is not necessary for you to invoice us in order for this process to run.
Ticketlab's booking fees are inclusive of any payment processing charges. This will be broken down for the customer where appropriate. The Promoter will not be charged at any time for these fees.
Having your event payments processed by Nochex depends on the successful receipt and processing of your application by Nochex Ltd and the set up of a merchant account on their systems. The act of applying for a Nochex merchant account in no way guarantees acceptance or automatically activates payment via Nochex on your event(s). Until your application has been successfully (or otherwise) resolved any events you have set up will process payment via Paypal and be subject to the terms concerning Paypal payments. Should you not wish to receive payment by any other method than Nochex, it is your responsbility to take your event off sale until your application has been processed.
Once your Nochex account is set up, all payments made via Ticketlab will be deposited into your Nochex merchant account minus Ticketlab's booking fee (5%) and Nochex's processing fee (2.7%). These fees are marked up and itemised for users prior to check out, meaning the total balance in your Merchant account at any given time will be representative of the total face value of any tickets sold at that time.
By having a merchant account with Nochex and by using their payment systems and you are also bound by their terms and conditions which are separate and distinct from those of Ticketlab.
Other payment terms
Ticketlab will not add or deduct VAT from the face value of Tickets sold through our Website. If the Promoter is liable to pay VAT on earnings through Ticket sales via our Website, then it is entirely the Promoter's obligation to settle those accounts. Ticketlab will not issue VAT receipts, but the Promoter agrees to provide Customers with VAT receipts on request. If Ticketlab is liable for payment of VAT on booking fees, the booking fee will be deemed to be inclusive of this.
Any payments to you by us are in no way to be deemed to be an acceptance that you have fulfilled your obligations as set out in these terms, and act in no way as prejudice to any existing claims or rights we may have against you. You will be notified of any charge-backs made by customers after you have received your payment. These will put your account with Ticketlab into debit and we shall reclaim this cost from you either by direct bank transfer initiated by you or from any further monies due to you from subsequent ticket sales.
The Promoter acknowledges that any information or data they upload to the Website is the intellectual property of the Promoter, or that they are adequately licensed to reproduce it on our Website. The Promoter will maintain all ownership and copyright of data submitted to the Website, but grants Ticketlab a free worldwide, royalty-free and non-terminable license to use, copy, distribute, publish and transmit the data in its original or edited form.
Breach of these terms
Ticketlab may at any time withdraw or remove your Event(s) from display on the Website should you:
- Breach any part of these terms. If the breach can be rectified, you will have seven days to comply after receiving written notice from us.
- You are unable to carry out your obligations to Ticketlab or your Customers for any reason including bankruptcy.
- If you or any party connected to you places offensive material upon, or misuses the Website.
We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that (after it has been bought to our attention) we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
You undertake and warrant that you will only permit personal data passed to you pursuant to these terms and conditions to be processed in accordance with all applicable data protection legislation. In particular you will process data using adequate security and only as authorised by us. For the purposes of this provision "processing" and "personal data" shall have the same meanings as given in the Data Protection Act 1998.
You undertake to keep confidential all information about our business which is disclosed under an explicit or implied duty of confidentiality, including (without limitation) that which is stamped confidential and/or which relates to our Customers, other partners, accounts and technology. This provision shall not apply in respect of information which comes into the public domain other than as a result of an obligation of confidentiality or disclosure of which is expressly required by law provided that you have notified the same to us in advance.
We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties including Promoters for posting on the Website. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.
Due to the nature of electronic transmission of data over the Internet, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with these terms and conditions or use of the Website save where such liability cannot be excluded by law.
We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology and you should take your own safeguards in this area.
You undertake to indemnify us and keep us indemnified fully at all times against all claims, demands, actions, proceedings, damages, losses (including without limitation, economic loss), costs and expenses made or brought against or incurred by us which are attributable either directly or indirectly to any act default or omission on your part in carrying out your obligations under these terms and conditions, including but not limited to failing to provide the correct Ticket pricing and Event information, failure to inform the Customer of additional conditions applicable to the Event, use of Our details in any illegal publicity and in respect of any third party claim for breach of their rights arising as a result of our appointment under these terms and conditions. We reserve the right to deduct from money due to you the costs and expenses of any such claims, demands, actions, proceedings that may be made against us.
Amends to Terms
We may modify any of these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall be effective unless you object to them within 5 days of the modified terms and conditions being published on the Website.
The rights, powers and remedies conferred on any party by these terms and conditions and remedies available to any party are cumulative and are additional to any right, power or remedy which it may have under general law or otherwise.
Either party may, in whole or in part, release, compound, compromise, waive, or postpone, in its absolute discretion, any liability owed to it or right granted to it in these terms and conditions by the other party without in any way prejudicing or affecting its rights in respect of that or any other liability or right not so released, compounded, compromised, waived or postponed.
No single or partial exercise, or failure or delay in exercising any right, power or remedy by any party shall constitute a waiver by that party of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.
If any provision of any of the terms and conditions on the Website is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of the terms and conditions shall not be affected.
These terms and conditions set out the entire agreement and understanding between the parties in respect of the subject matter of the terms and conditions.
English Law governs all of these terms and conditions and each party submits to the exclusive jurisdiction of the English courts in respect of any dispute arising under these terms and conditions.
All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
Neither party shall be liable to the other to the extent that any liability relates to an event over which that party has no control. The parties shall not assign these terms and conditions to any other party without the other's consent. However, you are deemed to consent to an assignment if there is a trade sale or group reorganisation of Ticketlab.
No part of these terms and conditions is enforceable by anyone who is not a party to it, pursuant to the Contracts (Rights of Third Parties) Act 1999 except the following terms and conditions may be enforced by the Customer in their own right; "Promoter's Obligations" and "Refunds, cancellation, rescheduling of Events".
We can be contacted via email: email@example.com.