TICKET SALES AGREEMENT no. J-___
In Riga, THE DATE OF THE DOCUMENT IS THE TIME STAMP DATE OF THE LAST ELECTRONIC SIGNATURE OF THE SIGNATORY OF THIS AGREEMENT
SIA "_________", on the basis of the statutes represented by _____________ (hereinafter ORGANIZER) and SIA "BEZRINDAS.LV", in the person of the chairman of the board Gatis Sprūds, who acts on the basis of the statutes (hereinafter MERCHANT), both together - the PARTIES, conclude the following agreement, (hereinafter AGREEMENT):
1.1. TICKET – a document that entitles its owner to visit or watch the EVENT.
1.2. SYSTEM – ticket sales system "Bezrindas.lv", through which the MERCHANT sells TICKETS and provides other related services.
1.3. EVENT – an EVENT organized by the ORGANIZER, which can be attended or watched by people with a TICKET.
2. SUBJECT OF AGREEMENT
2.1. The ORGANIZER uses the SYSTEM EVENTS developed by the MERCHANT for the sale of products and services related to them and makes payment to the MERCHANT for the used services of the MERCHANT in accordance with the MERCHANT's terms of this AGREEMENT.
2.2. The MERCHANT and the ORGANIZER mutually coordinate the service content and EVENT TICKETS sales details during the term of the AGREEMENT.
3. PRICING AND BILLING
3.1. The ORGANIZER pays the MERCHANT compensation for the sale of TICKETS TO THE ORGANIZER'S EVENTS, depending on the value of these sold TICKETS in the calendar month and according to the services used. The price list of services is published here: https://www.bezrindas.lv/en/for_organizers/price_list (hereinafter PRICE LIST).
3.2. All prices in this PRICE LIST are indicated without value added tax, which is calculated and applied in addition to the indicated prices in accordance with the regulation established in the laws and regulations of the Republic of Latvia.
3.3. The PARTIES can settle by netting and transfer the difference from the mutual settlement value to the other PARTY.
3.4. The basis for the settlement of the PARTIES is the reports prepared by the MERCHANT for the services or EVENT provided in each calendar month.
3.5. The MERCHANT prepares reports on TICKETS sales and services provided in the previous calendar month by the 5th (fifth) working day of the current month.
3.6. The ORGANIZER has the right to ask the MERCHANT to make additional payments, for which the ORGANIZER pays the MERCHANT in accordance with PRICE LIST.
3.7. If the ORGANIZER has objections to the services provided or the report prepared by the MERCHANT, the ORGANIZER has the right to submit motivated objections to the MERCHANT, which the MERCHANT examines within 14 (fourteen) days of receipt and provides an answer to the ORGANIZER. In case a justified discrepancy or error is found, the MERCHANT shall correct the report and submit a corrected report to the ORGANIZER within the above-mentioned deadline, and the PARTIES shall correct the mutual settlements in accordance with the corrections. If the ORGANIZER has not submitted motivated objections within 7 (seven) days of sending the report, it is considered that the sent report has been accepted and approved without objections.
3.8. If the total revenue from the sale of TICKETS is greater than the total value of the MERCHANT's remuneration, the MERCHANT shall transfer the TICKET sales proceeds to the ORGANIZER after deducting the MERCHANT's remuneration to the bank account of the ORGANIZER specified in the CONTRACT (5) within five working days after sending the MERCHANT's invoice and report. In such a case, the ORGANIZER is not obliged to issue an invoice to the MERCHANT for the TICKET revenue, but if the ORGANIZER wishes, it can issue an appropriate invoice to the MERCHANT.
3.9. The PARTIES undertake to pay the invoices prepared and delivered to the other PARTY in accordance with the provisions of this AGREEMENT, within 5 (five) working days after their receipt.
4. PROVISION OF CUSTOMER SERVICE FOR TICKET BUYERS
4.1. The ORGANIZER can use the TICKET buyer customer service provided by the MERCHANT. In this case, the MERCHANT will answer the TICKET buyers' questions about the EVENT and the TICKET purchase process. The MERCHANT's competence for the EVENT covers only publicly available information about the EVENT. Therefore, it is the ORGANIZER's responsibility to include in the EVENT description all important information that could be relevant to EVENT visitors.
4.2. In case the ORGANIZER chooses to use the CUSTOMER service provided by the MERCHANT, the ORGANIZER pays the MERCHANT for it according to the PRICE LIST.
4.3. The ORGANIZER may choose to provide customer service to TICKET buyers. In that case, the ORGANIZER's phone number and e-mail are displayed in the EVENT description and on the tickets. The ORGANIZER is obliged to answer phone calls and respond to e-mails as quickly as possible.
5. SALE OF BROADCASTED LIVE EVENTS AND VIDEO RECORDINGS
5.1. The terms of live rebroadcasting of EVENTS and sale of video recordings of EVENTS apply to live broadcasts and video recordings of EVENTS, which are delivered (rebroadcasted) to viewers by the MERCHANT according to the order of the ORGANIZER.
5.2. Technical details of live broadcast times and video formats are agreed upon by the PARTIES no later than 3 (three) working days before the start of the actual live broadcast or the start of the sale of the video recording of the EVENT.
5.3. MERCHANT cannot provide live streaming and EVENT video recordings to TICKET buyers who have insufficient internet speed, unsuitable software or video viewing devices. If claims are received from TICKET buyers about video viewing deficiencies, the PARTIES mutually agree on possible solutions and, in the event of final necessity, fully or partially compensate specific TICKET buyers for the value of the TICKET purchase, which is deducted from the ORGANIZER's revenue from the sale of TICKET.
5.4. Payment for rebroadcasting and storage of live broadcasts and video recordings is made by the ORGANIZER in accordance with PRICE LIST.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. For the purposes of the AGREEMENT, intellectual property means all works, computer software, business plans and other developments, including but not limited to the logos and brand names of the PARTIES, concepts, strategies and methods, development and plans, financial development plans, lecture materials, products, guidelines, presentations , video recordings, innovative technologies, marketing strategies, inventions, designs and all other intellectual property, as well as any other work results covered by proprietary rights, copyrights or other rights that can be protected by patent or other intellectual property rights.
6.2. All intellectual property rights owned by either PARTY shall continue to belong to it. The AGREEMENT does not change or cancel intellectual property rights.
6.3. ORGANIZER authorizes MERCHANT to use intellectual property objects that ORGANIZER has assigned to MERCHANT (if applicable) to sell TICKETS to TICKET buyers and promote EVENTS. The ORGANIZER confirms that it owns the copyright or other intellectual property rights to the specific work or content, or that it has another legal basis to use the object of intellectual property. The ORGANIZER ensures that the intellectual property objects it provides to the MERCHANT for publication in the SYSTEM do not infringe the intellectual property rights of third parties and comply with applicable laws, including applicable laws on consumer protection and advertising.
6.4. The MERCHANT allows the ORGANIZER to use the MERCHANT's logo for advertising the MERCHANT's trademark (logo) or to refer to it in all publications, internet, television and radio advertisements that provide information about the sale of TICKETS.
7. RIGHTS AND OBLIGATIONS OF THE ORGANIZER
7.1. The ORGANIZER is responsible for the organization and content of the EVENT. Likewise, the ORGANIZER is responsible for the content and truthfulness of the information submitted to the MERCHANT and added to the SYSTEM.
7.2. The ORGANIZER is responsible for the security of the SYSTEM access information (usernames and passwords) assigned to it and for all actions and obligations undertaken in the SYSTEM, performed using this access information.
7.3. The ORGANIZER has the right to add and administer its SYSTEM users, granting them various rights in the SYSTEM, as well as delete them from the SYSTEM.
7.4. If the EVENT does not take place, its time, specified venue or content changes, the ORGANIZER may offer TICKET buyers to visit or watch an alternative or the same EVENT at another time. In such a case, TICKET buyers have the right to request a refund, which is carried out by the ORGANIZER, assuming all expenses related to the refund. In such cases, the MERCHANT does not lose compensation for the TICKETS sold. If the MERCHANT and the ORGANIZER agree that the MERCHANT will perform the TICKET refund service for the TICKET buyers on behalf of the ORGANIZER, the ORGANIZER shall pay for the TICKET return service in accordance with the PRICE LIST. If the MERCHANT's purchased TICKETS money does not cover the value of the returned TICKETS, the TICKET return service and the MERCHANT's compensation for the services provided so far, the MERCHANT can make an appropriate calculation and ask the ORGANIZER to transfer the necessary funds to the MERCHANT's bank account. In such a case, the MERCHANT shall refund the TICKETS within 3 (three) working days after receiving the full required monetary value from the ORGANIZER in its bank account.
7.5. The ORGANIZER has the right, together with the distribution of the EVENT information, to provide information about the possibilities of buying TICKETS in the SYSTEM and to use the MERCHANT's logo and visual materials, without deforming correction of these materials, which changes the proportions of these materials or causes other damage.
7.6. The ORGANIZER must consider that only one person can use the SYSTEMS and TICKET control apps with one user access. If more than one TICKET control application device is connected with one user access, the previously connected device will be disconnected from the SYSTEM and TICKET control will no longer be possible with it.
7.7. In case the TICKET control app is used in offline mode, the ORGANIZER must expect that offline TICKET control data will not be available in the SYSTEM.
7.8. If the ORGANIZER wants to use the MERCHANT's staff at the EVENT venue for cash desks or TICKET control, the ORGANIZER must inform the MERCHANT 14 (fourteen) days in advance and pay for this service in accordance with the PRICE LIST. The MERCHANT has the right to refuse to provide this service if the MERCHANT is not technically able to provide this service.
7.9. For the sale of TICKETS at the box office, which is carried out by the MERCHANT, the ORGANIZER must provide electricity, a safe and stable Internet connection via an Internet data cable, a table, a chair and a safe, guarded, lockable room suitable for the box office, as well as access to facilities for the box office staff. Likewise, the ORGANIZER must ensure that the MERCHANT's personnel transport enters the EVENT territory one hour before the time-of-service provision and is parked in the EVENT territory for the entire time of service provision.
7.10. The main event ranking parameters on the Site's home page are as follows:
- Payments made by event organizers for event promotion
- Time to add events
- Event popularity
- Intensity of buying event tickets
- Time of events
At the top of the EVENTS, there are EVENTS marked "Recommended". The MERCHANT recommends those EVENTS that are relevant to a large part of the SYSTEM's visitors, based on the attendance figures of similar EVENTS, news in the public media and the ticket sales figures of the specific EVENTS, so that such support is maximally effective. It is also possible to receive the "Recommended" mark for a fee in accordance with PRICE LIST. If the ORGANIZER wants to use this option, the ORGANIZER must notify the MERCHANT.
8. RIGHTS AND OBLIGATIONS OF THE MERCHANT
8.1. During the term of the AGREEMENT, the MERCHANT ensures the operation of the SYSTEM and the sale of TICKETS in accordance with the task given by the ORGANIZER and the mutually agreed plan or the data specified in the SYSTEM.
8.2. The MERCHANT carries out the maintenance and development of the SYSTEM at its own expense. The SYSTEM and its software are the property of the MERCHANT.
8.3. The MERCHANT has created and maintains a help environment for the use of the SYSTEM, where the ORGANIZER can receive instructions and various information about the use of the SYSTEM and its functions. Also, the ORGANIZER can ask for help from the MERCHANT's customer service specialist during working hours (working days from 9:00 a.m. to 5:00 p.m.).
8.4. The MERCHANT can limit the number of TICKETS in the purchase, suspend the sale of TICKETS and implement other restrictions that may be related to the prevention of fraud and attacks, the requirements of the law, banks, state, municipality and investigative authorities.
8.5. The MERCHANT has the right to introduce and offer new services to the ORGANIZER, as well as to change the terms of the cooperation AGREEMENT and the PRICE LIST to adapt them to the market situation. The MERCHANT undertakes to inform the ORGANIZER at least 30 (thirty) days in advance of changes in the PRICE. If the ORGANIZER does not accept the changes in the PRICE, it has the right to terminate the AGREEMENT by notifying the MERCHANT 14 (fourteen) days in advance. In the case of the introduction of new services and the addition of their prices to the PRICE LIST, as well as in the case of lowering the prices, the MERCHANT is not obliged to inform the ORGANIZER in advance.
8.6. The MERCHANT does not apply any different treatment to the goods or services that the MERCHANT offers to consumers in the SYSTEM. If the MERCHANT intends to apply a different treatment, this AGREEMENT will be supplemented and the ORGANIZER will be informed at least 30 (thirty) days in advance.
8.7. The MERCHANT has the right to also sell tickets, goods and services of other events to the TICKET buyers of the ORGANIZER'S EVENTS, if the TICKET buyers freely choose it.
9. PERSONAL DATA PROCESSING
9.2. The ORGANIZER can receive the personal data of TICKET buyers and process it by concluding the AGREEMENT annex [https://www.bezrindas.lv/en/for-event-organizers/contract-attachment] on the processing of personal data, complying with the requirements of this AGREEMENT annex and legal acts on the processing of personal data, as well as by paying for this service in accordance with PRICE LIST.
10. OTHER TERMS
10.1. The PARTIES agree that reports and invoices can be prepared electronically and sent to the following e-mail addresses: TO THE MERCHANT: [email protected], TO THE ORGANIZER: ___________.
10.2. The PARTIES can agree on additional services, their provision procedure and pricing.
10.3. The PARTIES are not responsible for non-fulfillment of their obligations in circumstances of force majeure, which include fires, natural disasters, accidents, any type of hostilities, prohibition acts and actions of state or local government institutions, as well as other extraordinary circumstances that the PARTIES could not reasonably have foreseen at the time of the conclusion of the AGREEMENT and from which or the consequences of which could not reasonably have been avoided. In such circumstances, PUSEI must be notified in a timely manner and take steps to minimize losses.
10.4. CONTRACT contains confidential information. The PARTIES do not have the right to disclose the CONTRACT content and non-public information obtained during its execution to third parties. The PARTIES may inform about the content of the AGREEMENT and introduce it to third parties only in cases specified in the laws and regulations of the Republic of Latvia and in the AGREEMENT, as well as in cases where legal assistance is required.
10.5. All disagreements are resolved by the PARTIES through negotiation, if this fails, then according to the laws of the Republic of Latvia according to the location of the MERCHANT.
10.6. The AGREEMENT shall enter into force if both PARTIES sign it within 14 (fourteen) days. If the time between the signatures of both PARTIES is longer, this AGREEMENT shall not enter into force and shall be deemed not concluded.
10.7. The AGREEMENT is valid until terminated. Both PARTIES may terminate the AGREEMENT by giving notice to the other PARTY 30 (thirty) days in advance. Termination of the AGREEMENT does not release the PARTIES from fulfilling the obligations assumed by the AGREEMENT.
10.8. Upon termination of the AGREEMENT, the MERCHANT disables the ORGANIZER and all its SYSTEM users access to the SYSTEM administration environment and TICKET control apps.
10.9. The PARTIES confirm that they are in no way related to the legalization of criminally obtained funds and will not perform activities related to the legalization of criminally obtained funds during the term of the AGREEMENT.
10.10. Contact: ORGANIZER: ___________, tel.: ___________, e-mail: ___________, MERCHANT customer service specialist: tel. 25740404, [email protected]. The PARTIES have the right to change the contact persons at any time by notifying the other PARTY.
10.11. The AGREEMENT is prepared electronically and signed with a secure electronic signature containing a time stamp. The date of mutual signature of the AGREEMENT is the date of the last signed time stamp.
SIA “_____”, reg. No. ___________
Account No.: ___________
___________________ / ___________
SIA “BEZRINDAS.LV”, reg. No. 50003855851
Augusta Deglava 66, Rīga, LV-1035
Bank: AS “Swedbank”
Account No.: LV79HABA0551014358475
________________________ / Gatis Sprūds