TERMS AND CONDITIONS OF USE FOR COLLEGETIX™ BY TICKET SELLERS
Sylver Productions requires all CollegeTix™ ticket sellers and vendors to understand that they agree to all of the following terms and conditions described below:
Event organizers, promoters, ticket sellers, ticket vendors, venue representatives and/or other authorized agents providing services or events for which tickets are sold are hereinafter referred to as “Organizers”. Organizers using Sylver Productions’ online ticketing service/CollegeTix™ agree and understand these terms are a legal, binding and enforceable agreement. Organizers agree they are authorized to sell tickets for events or services. Fraudulent representation by organizers, or of event(s), is a criminal offense, which voids this agreement and allows Sylver Productions to fully refund tickets to ticket purchasers. Sylver Productions will assist law enforcement in prosecuting any fraudulent use of CollegeTix™, and will legally seek any and all compensation for damages due to fraudulent representation.
CollegeTix™ is the online hosting and e-ticketing service offered, operated and owned by Sylver Productions. Sylver Productions is an independent company providing this service to college and university clubs/groups/societies, organizers of college/university students-based events, students’ associations/councils/unions, student organizers and student promoters. CollegeTix™ and Sylver Productions are not affiliated with any event organizers or others providing services or events for which tickets are purchased. CollegeTix™ is solely acting as an intermediary between organizer and ticket purchaser for specific events. CollegeTix™ and Sylver Productions assume no liability incidental to the event for which tickets are sold or purchased.
3. Scope of Agreement and Amendments
This agreement is limited to the individual event for which the organizer using CollegeTix™ (with exception to terms in section 11 of this agreement “Event Cancellation”, if it applies). CollegeTix™ and Sylver Productions reserve the right to change or modify the Terms & Conditions of Use – Sellers agreement at any time for subsequent events.
CollegeTix™ and Sylver Productions reserve the right to amend this agreement at any time.
5. Event Promotion and Advertising
This agreement does not obligate CollegeTix™ or Sylver Productions to advertise or promote the event for which tickets are sold. Organizers acknowledge and understand it is the organizer’s sole responsibility to promote and/or advertise the event.
6. Ticket Pricing
For first events, CollegeTix™ provides the organizer with ticket sales services with no initial fees or start-up charges, unless specifically agreed upon. Ticket pricing is solely determined by the organizer. Organizer is exclusively responsible for all city, municipal, county, district, state and federal taxes. For subsequent events after the first events, the CollegeTix™ fee is a non-negotiable five percent (5%) charge on the gross revenue the organizer generates from all online ticket sales for specific event.
7. Ticket Purchaser Fees
Ticket purchasers may be required to pay a service fee to Interac, PayPal or their debit/credit card providers. CollegeTix™ does not charge the ticket purchasers any additional fees except upon instruction of the organizer. However, CollegeTix™ charges a refund fee of $1.50CAD per ticket.
8. Possible Additional Fees
It is established that the organizer is liable and responsible for the processing fees associated with the ticket sales as well as the taxes listed in section 6 of this agreement “Ticket Pricing”. Additionally, some organizers may choose to include a third party entity in the e-ticketing service through the CollegeTix™ processing system. In such an instance, if the third party wishes to charge a handling fee to ticket purchaser, an agreement must first be reached between the Organizer, CollegeTix™/Sylver Productions and the third party.
9. Point of Sale Terminals
In addition to online ticket sales, Sylver Productions offers mobile ticket sales via the CollegeTix™ App and telephone ticket sales via the Sylver Productions hotline. CollegeTix™ may also even sell event tickets through point of sale terminals at various locations at its own discretion. The organizer understands that event tickets may or may not be offered for sale through CollegeTix™ or Sylver Productions point of sale terminals. Event organizer understands and agrees that point of sale terminal locations may change at any time and/or that CollegeTix™ may cease to offer point of sale terminal ticket sales for any and/or all events.
10. Ticket Availability and Over Sale Charges
The organizer is solely responsible for setting the number of tickets available for purchase for each event. Organizer agrees that the number of tickets for sale is within the legal fire regulations and venue capacity limitations as set forth by the city, municipality, county, district, province/state, and/or federal codes and/or laws. If over sale of tickets occur, the organizer agrees the full ticket price, plus any and all CollegeTix™ or Sylver Productions services fees, will be refunded to ticket purchasers holding unused tickets. CollegeTix™ and Sylver Productions reserve the right to withhold payment to the organizers for up to sixty (60) days after an event ends for events where tickets were over sold in order to provide refunds as necessary.
11. Event Cancellation
Organizer agrees to notify CollegeTix™ or Sylver Productions immediately after the decision to cancel an event is made. CollegeTix™ and Sylver Productions reserve the right to issue full refunds to ticket purchasers, including any service fees for the cancelled event. Organizer agrees that if an event is cancelled and full refunds are issued to ticket buyers, the organizer will pay The SKA Group Inc. (on behalf of CollegeTix™ or Sylver Productions) for any and all service fees originally charged to the ticket buyer, and additional costs, including but not limited to, credit card charge back fees related to refunding tickets. Organizer may offer replacement tickets for similar event(s) in place of a refund for the cancelled event; however, ticket purchaser is not obligated to accept replacement tickets in the place of a full refund. Should the organizer opt to offer replacement tickets for a similar event(s), the organizer agrees to pay The SKA Group Inc. (on behalf of CollegeTix™ or Sylver Productions) for each replacement ticket in the event’s currency.
12. Rescheduled Events
Organizer agrees refunds will be given to ticket purchasers for rescheduled events at the ticket purchaser’s request. Should a ticket purchaser request a refund due to a rescheduled event, the organizer agrees to pay The SKA Group Inc. (on behalf of CollegeTix™ or Sylver Productions) for any and all service fees originally charged to the ticket buyer and costs, including but not limited to any and all credit card charge back fees related to refunding tickets due to rescheduled events.
13. Change of Event Venue
Should the listed event venue change for any reason, the organizer agrees that refunds will be given to ticket purchasers at the ticket purchaser’s request. Should a ticket purchaser request a refund due to an event venue change, Organizer agrees to pay The SKA Group Inc. (on behalf of CollegeTix™ or Sylver Productions) for any and all service fees originally charged to the ticket buyer, and costs, including but not limited to, any and all credit card charge back fees related to refunding tickets due to a change in the event venue.
14. Ticket Refund Policy
Organizer agrees that at the event ticket purchaser’s request and at Sylver Productions’ sole discretion, CollegeTix™ may refund the face value of event tickets purchased until ticket sales for that event end. The SKA Group Inc. (on behalf of CollegeTix™ and Sylver Productions) may issue a refund only after/within fifteen (15) business days from date of purchase for a $1.50CAD fee per ticket. Event ticket sales are final after sales have ended.
15. Account Settlement
All funds are held by The SKA Group Inc. (on behalf of CollegeTix™ and Sylver Productions) until the scheduled date for the event. A bank draft/money order or electronic transfer (Interac eTransfer or Pay Pal) will be issued to the organizer. This payment will be made after Sylver Productions withdraws the non-negotiable five percent (5%) charge on the gross revenue for the CollegeTix™ service when applicable.
16. Box Office
Organizers may sell tickets in person and at the venue in addition to the CollegeTix™ website, telephone, mobile, and point of sales terminals. The organizer takes full responsibility for use of organizer’s box office ticket sales. CollegeTix™ and Sylver Productions are in no way responsible for tickets sold through the organizer’s box office, including but not limited to, any will call lists created for tickets sold by organizer’s box office account; any fraud, negligence, or errors committed by organizers or their representatives, and/or any other reason when using the box office account.
17. Will Call Tickets
The organizer may offer will call tickets for events. However, CollegeTix™ does not issue paper tickets; only printed receipts of payment may be used as proof of payment. CollegeTix™ prepares a master guest list for every event prior to its commencement. It is the organizer’s responsibility to verify the identity of the ticket purchaser by either photo identification or the last four digits of the credit card used to purchase the tickets.
18. Discrepancy at Online Purchase
At times, ticket purchasers may believe they purchased tickets for an event, but the order was not processed or there was an error. CollegeTix™ will provide the organizer with a Discrepancy Form to give to such ticket purchasers who arrive at the scheduled event and do not have their names on the Master Guest List. The information on the Discrepancy Form will allow CollegeTix™ research and follow-up on whether said ticket purchasers already paid for event tickets. If the tickets were already paid for, the information on the discrepancy form will be destroyed. If the tickets were not already paid for, CollegeTix™ will use the information to charge the ticket purchaser for attendance at the event. It is the organizer’s responsibility to ensure the Discrepancy Form is filled out accurately. Any inaccuracies may result in non-payment to the organizer of said purchaser’s ticket.
19. Indemnification and Hold Harmless
a. At its own expense, the organizer acknowledges, agrees and understands it will indemnify and hold harmless CollegeTix™, Sylver Productions, its officers, agents, employees and assigns, from and against all claims, demands, losses, costs, penalties, damages, judgments and suits at law or in equity, of whatsoever nature (hereafter “actions”) brought against CollegeTix™ and Sylver Productions arising from, in connection with, or incident to the performance of, or failure to perform the provisions of this agreement by an organizer, its officers, agents, employees or assigns. The organizer further agrees to defend CollegeTix™ and Sylver Productions in any litigation, including payment of any costs or attorney’s fees, for any claims or action commenced thereon arising out of or in connection with such acts or activities authorized by this Agreement.
b. The above indemnity obligation shall not include such claims, costs damages or expenses that may be caused by the sole responsibility of CollegeTix™ and Sylver Productions. Additionally, if the claims or damages are caused by or the result from the concurrent negligence of (a) Organizer, its officers, agents, employees or assigns and (b) CollegeTix™ and Sylver Productions, its officers, agents, employees or assigns, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the organizer and that of its officers, agents, employees or assigns.
If any term or provision of this agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect.
21. Limitation of Liability
The organizer understands and agrees that CollegeTix™ and Sylver Productions shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if CollegeTix™ or Sylver Productions has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will CollegeTix™ and Sylver Productions’ total cumulative damages exceed $100.00CAD.
22. Disclaimer of Warranties
The organizer agrees and understands that the CollegeTix™ service is provided on an “as is” and “as available” basis from Sylver Productions; and therefore, will assume no responsibility for the timeliness, deletion, failure to store or retention of any user communications or personalization settings. CollegeTix™ and Sylver Productions will not be liable for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God or the occurrence of any other unforeseen contingency beyond the reasonable, control of Sylver Productions.
23. Ownership of Intellectual Property
The organizer agrees not to post material that organizer does not have an ownership right of patent, copyright, and/or other intellectual property right to. CollegeTix™ and Sylver Productions reserve the right to remove any content from an event page or custom organizer page that may infringe on the intellectual property rights of a third party.
a. Mediation – Sylver Productions and organizer shall make a good faith effort to resolve any dispute arising under this agreement. Regarding any such dispute which is not resolved after a good faith effort at resolution, and where the funds in contention are in excess of $3,000.00CAD, the parties may not bring any legal or administrative claim against the other party unless the claim is first presented for non-binding mediation before a single mediator under mutually agreed rules, or in the absence of such agreement, the applicable Mediation Rules of the Canadian Arbitration Association. Mediation is an express condition precedent to the institution of a lawsuit on any dispute arising under this agreement.
b. Governing Law and Venue – The parties agree that any dispute will be governed by the laws and codes of the Province of Ontario, Canada. The parties further agree that in the event any legal action is instituted, by either party, jurisdiction and venue will be in Canada at the John Sopinka Courthouse at 45 Main Street East, Hamilton, Ontario.
25. Entire Agreement
This agreement, together with all attachments hereto, constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this agreement shall be valid and effective unless evidenced by an agreement in writing.
26. Effective Date
These terms and conditions are effective as of Wednesday, September 21st, 2011.