clubZone.com Ticketing Terms of Service

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE AGREEING TO SELL YOUR TICKETS THROUGH CLUBZONE.COM.  BY SELLING YOUR TICKETS THROUGH CLUBZONE.COM YOU HAVE AGREED TO AND ACCEPT THESE TERMS AND CONDITIONS.

This Agreement has an effective date as of ___________ and is BETWEEN myZone Media Inc., having an address at 307, 1040 Hamilton Street, Vancouver BC (hereafter referred to as the “Company,” “clubZone” and or “clubZone.com”) AND: _____________________ (hereafter referred to as the “Promoter” and or “Client”). 

WHEREAS The Promoter wishes to enter into an agreement with The Company to use their eCommerce ticketing software and services on the conditions set out herein.

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

 

 

1)       Amendments

a)       clubZone.com reserves the right to amend this agreement with written or email notice.  The most current version of the Terms of Service may be reviewed at www.clubzone.com/terms.  Amendments to the Terms are effective immediately.  If you do not accept such amendment, you must terminate this agreement with 30 days written or email notice.

 

2)       Termination

a)       This Agreement shall terminate at the end of any term if either party provides the other with written notice of termination no more than 30 days prior to the end of the term.  Termination of the agreement shall have no effect on contractual obligations relating to previously scheduled events.  Such events will be handled according to terms to this Agreement in effect at the time events are scheduled.

 

3)       Event Content and Accuracy

a)       CLIENT is responsible for providing via the website all information required to describe events, including ticket prices and sales schedule.

b)      CLIENT will maintain event information and tickets, and review sales using clubZone.com software.

c)       CLIENT understands that they are responsible to ensure that the information on the website is as accurate as possible to the best of their knowledge.  clubZone.com is not responsible and cannot be held liable for any inaccuracies of content that may appear on the website.

 

4)       Ticket Pricing and Allotment

a)       CLIENT grants clubZone.com permission to sell admission tickets both online and in person for the event at the price specified by CLIENT or in the client ticket sales agreement.

b)      CLIENT may change ticket prices at any time by using clubZone.com software. 

c)       If CLIENT is unable to access clubZone.com software CLIENT is responsible for contacting a clubZone account manager for price change updates.  CLIENT will allow up to one business day for changes to take place although in most situations it will be taken care of much faster.

d)      CLIENT agrees to not publicly sell tickets for specified event for less than the set price on clubZone.com.

e)       CLIENT is responsible for accurately maintaining the number of tickets available for sale online for all events ("Ticket Allotment"), and bears full responsibility for losses incurred due to over-selling.

f)        CLIENT agrees to allow clubZone.com to continue selling tickets until the event is completely sold out.  CLIENT agrees to not cut-off clubZone.com last minute ticket sales in the event that the event is not sold out. 

 

5)       Agency & Fees

a)       clubZone.com is authorized to collect and retain an online service charge per ticket sold which is charged to the customer.  Online service charges range depending on the price of the ticket and a few other factors.  Online service charge revenue is retained 100% by clubZone.com to cover the cost of ticket processing, merchant account fees, etc.

b)      clubZone.com is authorized to collect additional service charges above the online service charge, for tickets purchased by phone, affiliate programs, or retail outlets, charged to the customer.

c)       Service charges are non-refundable to the customer under any conditions, even if the customer receives a refund for the face value of the ticket.

d)      For tickets that require delivery to the customer's residence clubZone.com is authorized to collect additional shipping or courier fees per transaction above the online service fee, charged to the customer. 

 

6)       Commissions

a)       Only when agreed upon in the client ticket sales agreement, clubZone may keep a commission for each ticket sold.  For example, a 10% commission on a $20 ticket means that for every ticket that clubZone.com sells, CLIENT would be paid $18 ($20 less the $2 commission retained by clubZone.com).

b)      CLIENT agrees to pay the given commission as laid out in the contract. 

c)       CLIENT may increase commissions at anytime to enhance rankings; however may NOT decrease due to the advertising exposure already received.

d)      For Canadian Clients: any commissions collected by clubZone.com are subject to applicable taxes.

 

7)       Settlement

a)       clubZone.com will collect all proceeds from ticket sales, and remit the portion of such proceeds due to CLIENT less the amounts clubZone.com is entitled to pursuant to this agreement and any additional agreed upon agreements.

b)      Proceeds will only be paid after the event has taken place, never before.

c)       clubZone.com will only pay out proceeds for those amounts that are equal to or greater than $100. CLIENT may request a payment of less than $100 sooner, subject to an administration fee of $10. If a balance still remains 60 days after the event has passed, clubZone will pay out these proceeds in full less the $10 administration fee.

d)      90% payment will be made by check by mail, or ACH transfer, payable only to CLIENT within 7 business days after the event, the remaining 10% will be paid 60 days after the event.

e)       clubZone.com is authorized to deduct any outstanding invoices and any related financing charges from ticket sales proceeds.

f)        clubZone.com reserves the right to recoup charge backs, refunds, overpayments, and other charges as a consequence of prior events from CLIENT's balance of proceeds.

g)      CLIENT agrees to keep their payable to info accurate.

h)       clubZone.com is authorized to initiate credit entries to CLIENT's Checking Account or Savings Account indicated on the client sign up form at the depository financial institution named on the client sign up form, hereinafter called DEPOSITORY. CLIENT acknowledges that the origination of ACH transactions to CLIENT's account must comply with the provisions of U.S. or Canadian law. This authorization is to remain in full force and effect until clubZone.com has received written notification from CLIENT of its termination in such time and such manner as to afford clubZone.com and DEPOSITORY a reasonable opportunity to act on it.

 

8)       Physical Tickets

a)       If tickets require physical delivery or unless otherwise specified in the ticket sales agreement, the CLIENT will courier or deliver, at their own expense, initial tickets allocated to clubZone.com for distribution to the address: clubZone.com, 307, 1040 Hamilton Street, Vancouver, BC, V6B 2R9.  CLIENT agrees to keep clubZone stocked with sufficient physical ticket inventory based on expected and real sales volume.  Tickets will not go online for sale until physical tickets have been delivered to clubZone office. 

b)      If CLIENT is not able to adequately provide physical tickets clubZone.com is authorized to print admission tickets in order to meet delivery demands.

c)       CLIENT agrees clubZone.com is not responsible for missing physical tickets whether they were lost during transfer via mail or courier, stolen, or taken by force.

 

9)       Will-Call List or Pick Up at the Door

a)       If will-call pick up is specified for the event CLIENT is responsible for printing out the event will-call list after the specified sales cut-off time.  CLIENT agrees to NOT print out the will-call list before ticket sales are suspended on the site or it could result in an incomplete will-call list.

b)      CLIENT agrees to have a clearly visible, designated will-call area near the front of their event where clubZone.com ticket purchasers can go to pick up their tickets.  The will-call window should be open at the time the doors open for the event or earlier.  The Client agrees to keep will-call open until all tickets have been picked up or the event ends.

c)       CLIENT agrees to collect signatures (where possible) from ticket customers as they pick up their tickets via will-call. Where charge backs are concerned signatures help establish that these credit transactions were valid and consented to by the card holder.

d)      When collecting signatures, CLIENT agrees to check for matching photo ID, check the signature matches that photo ID, and the last 4 digits of the credit card used to purchase the tickets.  CLIENT acknowledges that clubZone does not allow 3rd party ticket purchase pick-up, i.e.: the person who bought the tickets must be the one picking them up.  Exceptions are at CLIENT’s discretion.

e)       CLIENT agrees to fax or mail back the signed will-call list to clubZone head office as soon as possible following event (fax to 1.866.824.8212).

f)        Ticket orders that are not delivered or picked up in advance at a clubZone ticket pick up location will automatically be moved to the will-call list.

 

10)   Order Fulfillment

a)       In the event that a customer claims an order was lost in the mail, clubZone.com will make a good faith effort to determine the validity of such a claim before it issues replacement tickets. Any replacement tickets issued by clubZone.com must be picked up at will-call.

b)      In the event that replacement tickets are issued by clubZone.com due to loss in the mail or courier, CLIENT agrees that clubZone.com will not be held responsible for the cost of replacement tickets.

 

11)   Taxes

a)       CLIENT is responsible for adding any applicable taxes (municipal, state, federal, etc.) which apply to the ticket covered under this agreement to the face value of the tickets, and is responsible for payment to the appropriate governmental body.  clubZone.com is not responsible for the collection of taxes.

 

12)   Ticket Refunds

a)       clubZone.com reserves the right to refund/exchange tickets before the event has occurred in an effort to provide better customer service.

b)      clubZone.com agrees to not refund tickets for an event that has taken place with a minimum level of quality (i.e.: doors open, event takes place, artist performs) unless CLIENT agrees to the refund request.

c)       If CLIENT authorizes a refund, the full amount of the ticket, less any service charges will be refunded to the ticket customer.     

d)      CLIENT agrees to grant refunds to all customers who request them for a period of 180 days after the event occurs for events that are rescheduled, or if admittance is denied due to overselling of tickets, or if the events talent does not perform.

e)       If an event receives customer service requests including but not limited to early closure, talent not performing, location change, overcrowding, unusually long lines, or services not rendered, clubZone.com reserves the right to withhold up to 100% of ticket revenues for any event for a period up to 180 days after the event occurs, to allow all returns and disputed charges to clear processing. clubZone.com will release funds which clubZone.com does not consider to be at risk of return or dispute. 

f)        Any refunds after the event settlement will be charged to the CLIENT. clubZone.com is authorized to deduct these costs from the CLIENT's outstanding balance, or automatically invoice the CLIENT via ACH or credit card for the costs if no balance exists.

g)      In the event of a cancellation, CLIENT agrees to promptly notify clubZone.com to prevent further sales for the cancelled event. Once notified of cancellation, clubZone.com will automatically issue refunds to all customers who purchased tickets through clubZone.com.

h)       CLIENT agrees to pay clubZone.com $0.50 per order processed plus 3% of gross sales.  For example, if 50 orders were processed for a total of 200 tickets with gross sales of $10,000, CLIENT would owe clubZone.com ($0.50*50) + (3%*10,000) = $325.  This is to cover the hard cost that clubZone.com incurs for processing and refunding the transactions.

i)         In the event that CLIENT oversells the event, CLIENT agrees to pay clubZone.com $.50 per oversold order processed plus 3% of each transaction total.  This is to cover the hard cost that clubZone.com incurs for processing and refunding the transactions. 

j)         clubZone still earns commission on tickets that are refunded as a result of CLIENT overselling the show.

 

13)   Charge Backs

a)       Any credit card charge backs initiated by the purchasing customer including the processor’s charge back fees will be charged to the CLIENT. clubZone.com is authorized to deduct these costs from the CLIENT's outstanding balance, or automatically invoice the CLIENT credit card or mail invoice for the costs if no balance exists.

b)      clubZone.com will attempt to remedy all charge backs on CLIENT’s behalf; this involves faxing the appropriate purchase information to the merchant account provider, and following up on each case.  clubZone.com’s goal is to help CLIENT win as many charge backs as possible. 

c)       CLIENT can increase their likelihood of winning charge backs by collecting signatures for all will-call list customers although doing so is optional.  Please note that our average charge back percentage is well under 1% of sales.

 

14)   Print, Broadcast & Online Advertising

a)       In print and online advertising created by CLIENT to promote events covered under this Agreement, clubZone.com's Internet address (www.clubzone.com), should appear, if applicable. Example: "BUY TICKETS ONLINE AT www.clubZone.com". clubZone.com will also provide a logo that can be used on any fliers promoting the even. In all broadcast copy created by CLIENT to promote events covered under this Agreement, the following wording should be included: "Buy tickets online at www.clubZone.com".

 

15)   Protection of Customer Privacy

a)       CLIENT agrees not to release or sell the profile (i.e. name, address, phone number, e-mail) of any customer obtained through clubZone.com to any third party for any reason.

 

16)   Representations and Warranties

a)       This agreement has been duly authorized, executed and delivered by CLIENT and constitutes the valid, legal and binding agreement of CLIENT, enforceable in accordance with its terms.

b)      The entering into and performance of this agreement will not result in any breach of, or constitute a default under, and other agreement to which CLIENT is a party, including, without limitations thereby, any agreement for the sale or other disposition of tickets for the performance.

c)       There is no existing exclusive agreement of understanding between CLIENT, and/or the facility or the facility's owner or operators and any third party respecting the sale of tickets for any performance held at the facility which would invalidate this agreement.

d)      CLIENT is an agent of each facility at which any of its performances are held and is duly authorized in such capacity to execute and deliver this agreement for ticketing services.

e)       CLIENT warrants that the number of tickets put on sale does not exceed legal, fire, or other restrictions of the facility or of governmental agencies or laws.

 

17)   Miscellaneous

a)       Applicable Law

i)         This agreement shall be governed by, and construed in accordance with, the laws of the Province of British Columbia.

b)      Venue

i)         The Parties acknowledge and agree that the proper venue for any suit for enforcement of any rights, obligations, or remedies provided in this agreement, shall be a court of proper jurisdiction in the Municipality of Vancouver.

c)       Binding Effect

i)         The terms, conditions, provisions, and undertakings contained in this agreement shall be binding upon and inure to the benefit of each of the parties and their respective successors and assigns.

ii)       CLIENT shall not assign this agreement without the prior written approval of clubZone.com.

 

d)      Limitation of Liability

i)         clubZone.com assumes no financial liability for losses incurred due to service interruptions which are not the direct responsibility of clubZone.com.

ii)       In the event of a breach of this agreement by clubZone.com, the limitation of any claim of loss by CLIENT shall be no greater than the proven financial loss sustained by CLIENT by virtue of said breach.

iii)      In no event shall clubZone.com be liable for incidental or consequential damages arising from this agreement.

 

e)       Confidential

i)         CLIENT and clubZone.com agree that the terms of this agreement shall be maintained by the parties on a confidential basis and shall not be disclosed to any third party without clubZone.com’s prior written consent.

 

f)        Delivery

i)         Any notice provided for under this Agreement by either party to the other shall be in writing and may be effected by personal delivery in writing or by first class/priority, Canada Post mail. Notice to either party shall be sufficient if made or addressed to the addresses shown on the front of this Agreement. Each party may change the address at which notice may be sent to that party by giving notice of such change to the other party in accordance with the provision of this paragraph.

 

g)      Attorneys' Fees and Cost

i)         In the event of default, or non-payment of fees earned by clubZone.com, the Parties agree that clubZone.com shall be entitled to all attorneys' fees and costs incurred in collection or enforcement of its rights under this Agreement.

ii)       In the event that a lawsuit is filed to enforce any rights or obligations under this Agreement, the Parties agree that the "prevailing party" as defined by British Columbia Code of Civil Procedure, shall be entitled to reasonable attorneys' fees and costs.

 

h)       Assignment; Successors.

i)         Each party hereto agrees on behalf of himself and his executors and administrators, heirs, legatees, distributees, and successors and any other person or persons claiming any benefit through or under such party by virtue of this Agreement, that this Agreement and the rights, interests and benefits hereunder shall not be assigned, transferred, pledged, or hypothecated in any way by either party hereto or any executor, administrator, heir, legatee, distributee, successor or any other person claiming under or through any party hereto by virtue of this Agreement and shall not be subject to execution, attachment or similar process. Any attempt to assign, transfer, pledge, hypothecate or otherwise dispose of this Agreement or of such rights, interests and benefits contrary to the foregoing provisions, or the levy of any attachment or similar process thereupon shall be null and void and without effect and shall at the sole option of the other party terminate this Agreement.

 

i)         Indemnity

i)         CLIENT agrees to indemnify and hold harmless clubZone.com from any claim or liability arising from this agreement, or the events solicited through clubZone.com. In the event of any claim or asserted liability against clubZone.com arising from the event, clubZone.com agrees to provide the CLIENT with prompt written notice.  Upon notice, the CLIENT agrees to defend and hold harmless clubZone.com from any loss or liability.  In the event the CLIENT fails to indemnify clubZone.com for any claim of liability arising from the event, clubZone.com has the right to defend or settle such claim on their own behalf and be fully reimbursed by the CLIENT for all costs and expenses of such defence or settlement.

 

 

IN WITNESS WHEREOF, the Client has signed this Agreement as of the ____ day of _____ 200__.

 

 

Client Signature:          ________________________

 

Client Name:                ________________________     

 

Title:                            ________________________

 

Company Name:           ________________________