Last updated on 5th of July 2018
The following provisions are the terms and conditions which apply only to Organisers governing the use the Services to create, promote and/or collect sales proceeds for an event selling tickets and/or registrations. By accepting the Terms of Service, you (“Organiser” or “you”) agree to these Terms of Service as a whole without modification and enter into a binding contract with us, which will be applicable when and if you use the Services to create, promote and/or collect sales proceeds for an event selling tickets and/or registrations. Nothing herein shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.
We amend these terms, or replace them in their entirety, from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. It is your responsibility to check these terms periodically for amendments. Your continued use of the Services following any amendments to these terms constitutes acceptance of those amendments as well. If any amendment to these terms is not acceptable to you, you must cease accessing, browsing and otherwise using the Services.
1. Your Account and Additional Registration Information
You must be at least 18 years old to set up an Event Organiser account on the Website.
As part of the creation of a paid event or at any time following such creation, you may be required by us to provide additional information (beyond the information required to register for the Services) about yourself, the entity you represent (if any) and the principals/beneficial owners of the entity you represent (if any) (collectively, “Additional Registration Data”). You agree:
• that we may use this information to verify your identity and you authorise us to verify any such date and conduct due diligence on you through third parties, including third party credit reporting agencies;
• to provide this information in a timely, accurate and complete manner and maintain and promptly update this information to ensure it remains accurate and complete at all times;
• that we are permitted to share data provided pursuant hereto and information relating to your events and transactions on the Services with our Payment Processing Partners (as defined below) and with your bank or other financial institution, in each case to the extent your transactions or events involve such third parties.
We reserve the right to suspend your account or to withhold any amounts due to you in the event that we reasonably believe that your data is inaccurate or if you fail to provide all required within the timeframes requested.
2. Payment Methods; Payment Process
As an Organiser of an event, you may select your preferred payment processing method for your event, provided that once you sell the first ticket to an event you may not change the payment method for that event.
There are two types of payment processing options Organisers may elect to use to collect sales proceeds for paid events: (i) the collecting of all sales proceeds from ticket, registration and merchandise sales and donations solicited via the Services (collectively, “Event Registration Fees”) using third party payment services, such as PayPal®; or (ii) Realbuzz Payment Processing (“RPP”), in which we act as Organiser’s limited payment collection agent for the purpose of collecting Event Registration Fees through its Payment Processing Partners (as defined below).
We will, on or after registration, confirm to you whether you are able to use RPP and it is in our sole discretion as to whether we offer this service to you.
For the avoidance of doubt, we do not and will not provide banking, deposit taking, stored value, insurance or any other financial services to an Organiser other than, for Organisers who elect RPP, serving as a limited payment collection agent as set forth below. To provide RPP, we use third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, “Payment Processing Partners”) and both we and Organisers are subject to the rules and regulations of such Payment Processing Partners.
Where we show you a balance of proceeds for your events in your account, this is for convenience only and that balance merely reflects the amount of Event Registration Fees collected by a third party payment service or by RPP, and in the case of RPP, represents only a general unsecured claim against us and not a store of value or a deposit/current account.
Upon an order being placed by an Attendee and confirmed by us, we generate a confirmation message and issue a unique confirmation number for such Attendee’s order. You agree to unconditionally accept and fulfill all ticketing, registration, merchandise and other commitments that have been confirmed by us through the Services and it is your responsibility to verify an Attendee’s confirmation number and/or any event restrictions prior to the applicable event.
Regardless of the payment processing option elected, you agree to pay us all applicable service fees for each ticket, registration or other item sold via the Services (the “Fees”) including any RPP fee.
The applicable service fees are listed below:
Service fee – Charged as a percentage of the price of entry paid by a participant.
Fixed service fee – A fixed fee charged when participants complete registration in an event.
Merchandise fee – Charged as a percentage of the price of merchandise purchases either during event entry or from a standalone shop.
Payment processing fee – Charged as a percentage of the total purchase amount of a participant, including cost of entry, merchandise, and any fees that have been passed on to the participant. Only applies to events using RRP as a payment gateway.
Refund processing fee – Charged as a flat £1/$1 fee (respective of location) on all refunds processed.
Fee amounts differ depending on the country your event is located in. For detailed country-specific information, please refer to the realbuzz registrations Pricing page .
You have the option of passing varying percentages of fees onto participants in your event/s. The exact percentage of each fee that you pass onto participants can be set during the creation of your event. If you do choose to pass on fees, participants will see any additional service fees as a separate amount from their main purchase when they pay for their event entry and/or merchandise.
All invoices are due and payable on delivery of the invoice. We have the right to deduct from any monies due to you any Fees owing to us.
Third Party Payment Processing
Invoices for Fees are sent to you monthly for Fees incurred in the previous month.
When using RPP, payment processing occurs directly through our Payment Processing Partners. Within five (5) business days after the successful completion of an event, or series of events, we will pass along all Event Registration Fees related to such event, or series, subject to deduction of all applicable Fees then due. Such payment will be made only to the payment information you provide.
With respect to any events for which you use RPP, you hereby appoint us as agent solely for the purpose of collecting payments made by Attendees for such events through our Payment Processing Partners.
You agree that a payment made by an Attendee to us shall be considered the same as a payment made by an Attendee directly to you and you will sell or provide all advertised goods and services to the Attendee as if you had directly received the Event Registration Fees from such Attendee, regardless of whether the Event Registration Fees have yet to be received from us.
You agree that in our role as agent, we are authorized to hold, disburse and retain proceeds on your behalf pursuant to these Terms of Service, issue refunds to Attendees in the circumstances stated below and manage any credit card chargebacks as may be properly incurred.
We assume no liability for any of your acts or omissions and you understand that our obligation to pay you is subject to and conditional upon receipt of the associated Event Registration Fees from Attendees. You further authorise us to delegate its obligations under these Terms of Service to certain of its affiliated entities both within and outside England & Wales provided that we will remain liable for the discharge of its obligations under these Terms of Service.
3. Cancellations and Non-performance
No payments shall be made to you with respect to any event that is cancelled or with respect to which we reasonably believe there is a risk of cancellation or non-performance, unless we receive adequate security (as determined by us in our sole discretion) in respect of our obligations in respect of the Services.
In addition, no Event Registration Fees for a given event shall be payable until that event is successfully completed. If payments have already been made to you for a cancelled event, you will immediately refund to a payment address designated by us all such payments upon demand for the purpose of effecting refunds.
We reserve the right to retain a percentage (as we may determine in our absolute discretion) of Event Registration Fees to fund a reserve to fulfill any expected level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud as otherwise necessary to secure the performance of your obligations under the Terms of Service.
Chargebacks and Reversals
Any credit card chargebacks or other transaction reversals initiated against us or our affiliates for any reason with respect to your event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by us or our affiliates in connection with such chargebacks shall ultimately be your responsibility, and you agree to fully indemnify us for such amounts on demand.
Regardless of what payment method is selected, you agree to communicate a refund policy to Attendees with respect to each event posted on the Services (allowing refunds for cancellation, non-performance and performance materially different to that advertised) and to administer such policy in accordance with its terms.
All refunds for RPP transactions must be processed through us, unless otherwise agreed by us.
Regardless of what payment method is selected, all disputes regarding refunds are between you and Attendees. In the event of a dispute, realbuzz registrations may, at its absolute discretion, try to mediate the dispute, but ultimately it is your obligation to settle the dispute. Notwithstanding the foregoing, with respect to RPP transactions, we shall have the right to make refunds on your behalf as set forth in the following Mandatory refunds section.
Notwithstanding the foregoing, you authorise us to make refunds in the following situations (i) you specifically authorise the refunds at the time; (ii) we believe in our absolute discretion that specific orders should be refunded under the refund policy or our refund policy (as above) requirements, including without limitation, that they are required by applicable local, state, provincial, national or other law, rule or (iii) we believe in our absolute discretion that the refund request, if not granted, will lead to a chargeback that we are more likely than not to incur; (iv) you failed to list a refund policy on the applicable event page and we believe in our absolute discretion that a refund would be reasonable under the circumstances; (v) we believe in our absolute discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (vi) we believe in our absolute discretion that the order is a duplicate.
You also authorise us to make refunds of any and all orders (including those for unrelated events) if (i) we believe in our absolute discretion that you have engaged in any fraudulent activity or made any misrepresentations; (ii) we believe in our absolute discretion that there is substantial risk of non-performance with respect to the applicable event or future events; (iii) we believe in our absolute discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or (iv) we believe in our absolute discretion that failing to make the refunds would otherwise expose us to legal liability.
Because all sales are ultimately made by you, you hereby agree to fully indemnify us and our affiliates upon demand for refunds that we make pursuant to these Terms of Service, other than to the extent that the necessity for such refunds are caused by our negligence or willful misconduct.
You hereby acknowledge and agree that chargebacks will result in losses to realbuzz registrations in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback we are mitigating such losses and its damages with respect to your breach of these Terms of Service.
4. Non-Exclusive Remedies
In the event that you fail to pay to us any amount owed pursuant to these Terms of Service when due and following a late payment notice being delivered by us, such amount shall bear interest calculated from the date due until paid in full at a rate equal to 5% above the base lending rate of the Bank of England, compounded daily. This provision is expressly limited so that in no contingency or event whatsoever shall the interest rate herein exceed the maximum amount permissible under applicable law. If as a result of any circumstance whatsoever the performance or fulfillment of any provision hereof involve or purport to require any payment in excess of the limits then prescribed by applicable law, then the obligation to be performed or fulfilled shall hereby be reduced to such limit as to be valid under such applicable law.
In the event any amounts are owed by you to us under the Terms of Service, we may, without limiting its other rights and remedies withhold any amounts due to you, whether for a particular event or for any other event that you list through the Services and use the withheld amount to set off the amount owed by you to us; and/or send an invoice to you for such amounts to the extent your outstanding balance is insufficient to cover these costs, in which case you shall pay us such amounts within 14 days after the date of the invoice.
If payment for any amount due to us under these Terms of Service is not made when due we reserve the right, in our absolute discretion and without limiting our other rights and remedies, to suspend or terminate your registration for the Services.
You hereby agree to fully indemnify us upon demand for all out-of-pocket costs and expenses including, without limitation, all fees and expenses properly incurred in collecting past due amounts from you under these Terms of Service or otherwise.
5. Representations and Warranties
In addition to the representations and warranties contained herein, you represent and warrant to us that (a) if you represent an entity, that entity is duly organised, validly existing and in good standing under the laws of the state, province or country of its formation; (b) you, or the entity you represent (if applicable), have all requisite power and authority to enter into this Agreement and to carry out the transactions contemplated hereby; (c) the entering into and performing of this Agreement by you, or if you represent an entity by the entity you represent, will not result in any breach of, or constitute default under, any applicable local, state, provincial, national or other law, rule, regulation, judgment or order, or other agreement to which you or it is a party, including without limitation, any other agreement for the sale of tickets or registrations; and (d) if you represent an entity, you have the full right, legal power and actual authority to bind such entity to the terms and conditions hereof.
6. realbuzz.com integration
All organisers creating events on the website agree to the inclusion of the following on all events and entry processes:
· An opt in question with the following wording: “I would like to receive newsletter emails with training advice, health and fitness tips and other information from realbuzz.com and realbuzz registrations”
· A call to action on the confirmation page of registrations linking through to the challenge section of realbuzz.com - https://www.realbuzz.com/challenges/