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TONIC TICKETING - PRODUCT SPECIFIC TERMS

  1. Unless the context otherwise requires or there is express wording to define otherwise within these terms, the words and expressions used herein will have definitions ascribed to them within the Aspire Digitel Group Group Standard Terms and Conditions. For the purpose of these product specific terms, the following terms shall be assigned the following definitions:
Customer:means the individual or corporate entity that uses the Website to purchase a Ticket.
Event(s): means UK ticketed events, run directly by You and/or Your Subsidiaries during the Term.
Inside Commission Fee: means 20% of the face-value of each ticket sold via the Website
Launch Date: means date on which tickets go on sale to the public.
Price: means the price of a Ticket, as may be agreed in writing between the parties.
Rebate Payments:the percentage of the booking fee paid to You under the relevant Statement of Work
Ticketmeans a ticket for an Event allowing a Customer entry into an Event
Website:means www.designmynight.com or such other URL as We may from time to time determine.
Your Trademarks: means trademarks, trade names, service marks, slogans, designs, distinctive advertising, labels, logos, and other trade-identifying materials.

OUR OBLIGATIONS

  1. Nothing in this Agreement shall prevent Us from selling tickets to any other event.
  2. We shall sell Tickets for Events at the Price and collect all revenues through Our own online merchant and bank account. We warrant that the Website is secure, fit for purpose and complies with all applicable laws, regulations, rules and any guidance issued by any relevant authority.
  3. We shall maintain materially true and accurate records of Ticket sales and make such records available to You and shall keep You reasonably informed as to any activities undertaken by Us as part of the Service for the promotion of Tickets to Events.
  4. We shall not make any representations in respect of any Event that is greater in scope than You have provided to Us in relation to the Event. In relation to the licence grant under clause 7, We shall comply with Your then current trademark usage and style guidelines as notified by You to Us from time to time.

YOUR OBLIGATIONS

  1. You hereby agree and undertakes to supply promptly to Us:
    1. all relevant information relating to yourself and the Events (including terms and conditions relating to Tickets and Events) as may be necessary to enable Us to carry out Our obligations under this Agreement; and
    2. any such other information in respect of the Events as We reasonably request from time to time in order to provide the Service.
  1. You grant Us a personal, royalty-free, non-exclusive, non-transferable license to use Your name and/or Your Trademark(s) as part of and in order for Us to provide the Service.
  2. You shall maintain in force during the Term (and for a period of 12 months afterwards) professional indemnity insurance in relation to all of its Events in line with standard industry practice and offer proof of such to Us upon request.
  3. You shall only direct potential Customers to the Website and Service from Your own website, social media platforms and in any mail outs and shall not direct potential Customers of Events to any other ticketing organisation. You shall use Our ticket widget/link provided by Us on our website. Should You not comply with Your obligations under this clause, We shall reserve the right to charge You an Inside Commission Fee, and We shall (at Our sole discretion) reserve the right to reclaim up to 50% of the paid to You in Rebate Payments value.
  4. You shall Pay Our invoices in relation to ticket refunds issued in accordance with Ticket Refunds above, invoices to be issued on a monthly basis for any refunds process in the prior month.
  5. You shall indemnify and hold Us harmless from all claims, costs, proceedings, damages and expenses (including legal and other professional fees and expenses) up to and awarded against or incurred or paid by Us as a result of or in connection with any claim made against Us relating to an Event, as a consequence of a breach of the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority.

TICKET REFUNDS

  1. You acknowledge and agrees that We shall have the right to issue a refund to Customer(s) in respect of any or all Tickets at any time during the Term if:-
    1. We receive complaints from a substantial number (as determined by Us in our sole discretion) of Customers with respect to the applicable Event; or
    2. We determine, in our sole discretion, that You have engaged in any inappropriate or fraudulent activity or made any misrepresentations; or
    3. a Customer has requested a refund in accordance with their statutory rights (including but not limited to a refund request made during a cooling-off period or where the Event is cancelled).
  1. You shall reimburse Us within 30 days of written request by Us in the event that We have already paid over the related revenue for such affected Tickets and/or Customers to You under this Agreement.
  2. You warrant that You are either the owner of any Trademarks or are requesting use in accordance with the owner of Trademark terms and that Our performance for under this Agreement does not and shall not infringe the Intellectual Property Rights of any third party.
  3. You shall indemnify and hold Us harmless from all claims, costs, proceedings, damages and expenses (including legal and other professional fees and expenses) up to and awarded against or incurred or paid by Us as a result of or in connection with any claim made against Us by a Customer relating to an Event, as a consequence of a breach or negligent performance or failure or delay in performance of the obligations of You under this Agreement.