Confetti Terms and Conditions for Event Organisers
These terms and conditions (the “Terms”) shall govern any use of the Confetti platform on a website provided by Confetti, as further described below, hereinafter referred to as the “Service“. The Service is provided to you as an organizer of events (the “Customer”) by Confetti Technology AB, registration no 556964–6465, (hereinafter “Confetti”).
By signing up for the Service, Customer acknowledges and agrees to be bound by these Terms. These Terms regulates solely the relation between Confetti and the Customer and does not constitute any rights or undertakings for any third party, including an attendee of an event made available by the Customer on the platform provided by Confetti.
- ”Agreement" shall mean the sign-up form together with these Terms.
- “Attendees” shall mean attendees to an event organized by the Customer in the Confetti platform.
- “Contact Person” shall mean the person appointed by for handling contacts with Confetti.
- “Content” shall mean any materials, such as text, links, videos, images and other data, uploaded to the Service by the Customer.
- ”Effective date” shall mean the date when the Customer starts using the Service.
- "Interface" shall mean the web-based interface provided by Confetti through which the Customer may access the Service.
- “Page View” shall mean each access to Customer’s Content through the Service.
- “Price List” shall mean the price list available at https://confetti.events/en/pricing, as updated from time to time.
- “Purpose” shall mean the use of the Service and the provision of the Confetti platform.
- "Service Fee" shall mean the fee for the Service payable by the Customer, as detailed in Section 5.
- “Specification” shall mean the description of the functionality of the Service, which may be found at https://confetti.events/en/pricing.
- Confetti enables people all over the world to create event websites to plan and promote events and to sell tickets to Attendees. The Services include:
- a platform where the Customer can build its own event site;
- a ticketing system and payment processing; and
- a system for sending information to the Attendees
- Support via email or chat for Customers with Paid Plans.
- Subject to these Terms, the Customer is hereby granted a non-exclusive, non-transferable, limited right to access and use the Service for the Purpose. Use of the Service is subject to Customer’s payment of the Service Fee in accordance with these Terms.
- The Customer may not use the Service for any other purpose than the Purpose and only in compliance with these Terms.
- The Customer may not permit anyone other than the Customer, directly or indirectly, with or without remuneration, to use or access the Service.
- The Customer may not attempt to decompile or reverse engineer any software included in the Service or by any other means try to access any source code.
- Further to the abovementioned, the following shall apply regarding Content and use of the Service: (i) Confetti reserves the right to remove Content which is deemed to be in conflict these Terms (ii) Confetti is granted a non-exclusive, perpetual, royalty-free, worldwide license to republish any Content, including without limitation in print and electronic format; (iii) Customer warrants it holds the copyright and any other relevant rights, or has a valid license to use, any Content uploaded to the Service; (iv) Customer warrants that the Content it submits is not obscene, offensive, defamatory of any person or otherwise illegal, or is deliberately intended to upset users; (vi) Customer acknowledges that any breach of these warranties may cause Confetti damage or loss and agrees to indemnify Confetti in full against any third party liabilities, claims, costs, loss or damages incurred as a result of publishing Content uploaded by the Customer; (vii) Confetti may remove access to the Service if it reasonably believes that Customer is abusing the Service in any way; and (viii) Customer agrees not to transmit any technically harmful postings or transmissions to or through the Service (including but not limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or engage in other practices of misuse, including but not limited to hacking.
- Confetti reserves the right to suspend Customer’s access to the Service in the event Confetti, acting reasonably, deems the Customer to be in breach of this Section 2 of these Terms.
TRANSACTIONS for events in the service and security measures
- The Customer can choose from multiple payment method(s) (ex. credit card, direct debit, bank transfer, invoice) when selling tickets to Attendees through the Confetti platform. According to the payment option(s) selected by the Customer on the Website, Confetti will deposit the money from purchased tickets to the event in a separate trust account in accordance with what is specified in the Price List.
- No later than 14 days after the event has ended, Confetti will summarise the number of tickets sold for a specific event. The money paid for the sold tickets minus the fees payable to Confetti (such as surcharge, VAT and card processing fees) according to the Price List, will be transferred to the bank account stated in the Customer’s profile in the Service. The Customer is responsible for that the bank account stated in the profile is an accurate representation of the Customer’s bank account.
- The Customer is aware of that transactions made by Attendees can be reversed by Attendees. If transactions are reversed by an Attendee after payout by Confetti to the Customer in accordance with section 3.2 above, Confetti will reverse such transaction to the Attendee within 14 days. Confetti will thereafter charge a reversed transaction fee (“Reversed Transaction Fee”) to the Customer, including the fee paid to the Attendee and an administrative cost as stated in the Price List.
- If the Customer cancels the event, Confetti will reverse the transactions for tickets sold to the Attendees within 14 days. Confetti will thereafter charge a cancelled event fee (“Canceled Event Fee”) to the Customer, including a cancellation fee for each sold ticket and an administrative cost as stated in the Price List.
- Confetti will invoice the Reversed Transaction Fee and the Canceled Event Fee together with the annual invoice for the Service but reserves the for interim billing for the Reversed Transaction Fee and the Canceled Event Fee.
- Confetti offer an extensive security system to protect the Customer against reimbursement of credit card payments. If Confetti or the Customer arouses suspicion of misuse of the Services, Confetti will inform the Customer and Confetti has the right to deactivate the Customer’s ticket shop in the Services and reimburse the Attendees in accordance with section 3.4. Misuse of the Service includes, but is not limited to, the following events:
- The event will not (or not in the way as stated in the ticket shop) take place; or
- The event is illegal; or
- The reimbursed tickets for an event is above average, in any case at a reimbursement rate of 2%, which would indicate misuse of the Service; or
- The Customer is not eligible to sell tickets for the event.
AVAILABILITY and access to the Service
- There are several types of plans offered under the Service. Confetti may offer free plans (each a “Free Plan”) and paid plans (each a “Paid Plan”) for the subscription to the Service. Except for the Free Plan, a payment of a Service Fee according to these Terms is required.
- Where Customer has signed up for a trial version of the Service, the Customer will receive access to the Free Plan free of charge. The Free Plan is provided as is and Confetti makes no undertakings as regards availability of the Service, freedom from defects or otherwise. Confetti reserves the right to remove certain features from the Free Plans at its own discretion. Confetti reserves the right to remove certain features from the Free Plans at its own discretion.
- In order to using the full Service, Customer is required to sign up for a Paid Plan in one of the available versions.
- The Service is cloud based and provided via the Internet and actual availability is hence dependent on factors outside of Confetti’s control. Confetti shall strive to keep the Service available of no less than 99 %. However, Confetti makes no guarantee with regards to such availability and actual availability may be lower.
FEES and payment
- The Service Fee for the use of the Paid Plans are set out in the Price List.
- The annual Service Fee is determined with regards to the version of the Service to which the Customer subscribes: Free, Single, Plus or Business.
- The Customer may upgrade from a Free Plan to a Paid Plan, or upgrade to a more comprehensive Paid Plan at any time. If the Customer wishes to change to a cheaper plan, the Customer will be billed for the current plan for the remainder of the current subscription period.
- The available payment options are detailed on the Price List and on the Website. If the Price List does not contain any provisions on the payment options, payments can be made via credit card.
- The fees and charges are stated exclusive of value-added tax, and any other applicable taxes, which shall be borne by the Customer.
- The Service Fee shall be paid in advance per single event or in advance on a monthly or yearly basis. Applicable payment options are presented in the Service and decided by the Customer in connection with the commencement of the Service. If the payment method is invoice, the invoice will be issued in connection with the commencement of each new 12-month period of using the Service.
- In the event the Customer upgrades its subscription to another version of the Service, Confetti will invoice Customer in connection with such upgrade.
- Invoices are payable within thirty (30) days from the date of the invoice. Invoices may be provided electronically or in such other manner as Confetti in its reasonable opinion deems appropriate.
- In the event of late payment, interest in accordance with the Swedish Interest Act (1975:635) shall accrue on the outstanding amount until payment has been made.
- In case of Customer’s late or non-payment of the Service Fee, Confetti may, in addition to its other rights under this Agreement, suspend Customer’s access to the Service until payment in full has been received.
CUSTOMER’S WARRANTIES AND OTHER OBLIGATIONS
- Customer represents and warrants that it is the owner of, or has a license to, any Content which it uses or uploads to the Service. Customer further warrants that the Content does not infringe the intellectual property rights of any third Party, including but not limited to copyrights, patents, or trademarks.
- Customer is responsible for backing up its Content and Confetti assumes no responsibility in relation thereto and shall not be liable for any loss or corruption of the Content.
- Customer shall be responsible for not disclosing its username or password to any third party, and for keeping them safe so that they cannot be accessed by third parties. Customer shall notify Confetti immediately if there is reason to believe that any other person has accessed Customer’s username and password or that they are used in an illegitimate way.
INTELLECTUAL PROPERTY RIGHTS
- With the exception of third-party products, Confetti, or its licensor owns, all rights, including intellectual property rights, to the Service and the software used for providing the Service, including but not limited to patents, copyrights, design rights and trademarks, and nothing in the Agreement shall be interpreted as any transfer of such rights, or part of such rights, to the Customer.
- The Customer is only granted the limited right to use the Service as specifically set out in the Agreement.
- The Customer may not use, copy, transfer, alter, develop or make additions to the Service or any software contained therein. The Customer may not decompile or reverse engineer any software contained in the Service or by any other means try to recreate its source code except as set out in mandatory law.
- Customer, or Customer’s licensor, retains any rights to its Content uploaded to the Service and nothing in this Agreement shall be interpreted as a transfer of such rights, or part of such rights, to Confetti.
Confetti may use sub-contractors for the performance of its obligations under these Terms. Confetti shall remain responsible for the performance of such subcontractor as for its own.
LIMITATION OF LIABILITY
- Confetti shall, except for in the event of its gross negligence or willful misconduct, in no event be liable for any loss of profit, revenue, business savings or goodwill, loss of data, or the Customer’s obligation to compensate any third-party or any indirect or consequential damage whatsoever.
- Confetti’s aggregate and total liability under the Agreement shall be limited to direct damages and to an amount equal to twenty-five (25) percent of the Service Fee paid by the Customer during the year when the incident causing the loss occurred.
- For the avoidance of doubt, Confetti shall have no liability for any loss whatsoever arising in connection with the use of the Free Plan in the Service.
- Customer assumes the sole responsibility and liability in relation to any Content and Confetti does not assume any responsibility for any Content used, published or uploaded into the Service by Customer and Customer agrees to indemnify and hold harmless Confetti against any claims for infringement or otherwise in relation to any materials or Content provided by or on behalf of Customer. Confetti shall notify the Customer without undue delay in writing of any received claim of infringement and allow the Customer to fully control the defense.
- The Customer is aware that the Service contains and may constitute trade secrets and other confidential information of Confetti. The Customer therefore agrees not make the Service, or any part thereof, available to any third party without Confetti’s prior written consent and to take all reasonable measures to ensure that trade secrets and any other confidential information are not disclosed to any third party. Both Parties shall undertake not to disclose to third parties, without the consent of the other Party, such information concerning the other Party's business operations as can be deemed to constitute a trade secret or information which is covered by a statutory duty of secrecy. Information stated by one of the Parties to be confidential shall always be deemed to constitute a trade secret. For the avoidance of doubt, any Content uploaded to or published via the Service shall not constitute confidential information.
- The Parties confidentiality obligation under this Section 11 shall not apply to trade secrets or any other confidential information which the receiving Party can demonstrate (i) was already known when received, (ii) is or has become public knowledge other than through breach of the Agreement, (iii) is received from a third-party who lawfully acquired it and who is under no obligation restricting its disclosure in relation to Confetti, or (iv) is to be made publicly available due to a court order, a decision by a public body or as otherwise required by mandatory law.
- Each Party agrees to impose on its employees and consultants, in an appropriate manner, the confidentiality obligations set out above in this Section 11. Each Party shall be liable for its employees’ and consultants’ actions and for their observance of the above stated provisions.
- The Parties’ confidentiality obligations under the Agreement shall be valid during the term of the Agreement and continue for a period of two (2) years after termination of the Agreement, regardless of the reason therefor.
- Confetti collects personal data from the Customer through the sign-up procedure. Such personal data may e.g. include names and e-mail addresses. When using the Service, some data sent from your web-browser will also be automatically processed to create anonymous statistics and such data includes, but is not limited to, IP address, web-browser details, operating system details and URL. The personal data is collected, stored and processed in order to be able to provide and administer the Services. Confetti shall be the data controller in relation to such personal data you provide to us. The individuals whose personal data is processed has the right to receive information about the personal data pertaining to them that is processed and can take part of it by contacting Confetti in writing and has the right to request data is changed or removed.
- Where the Content uploaded by Customer contains personal data, the Customer shall be the data controller in relation to such data and Confetti shall be the data processor. Confetti undertakes to only process such personal data in accordance with this Agreement and the written instructions from Customer. Confetti shall implement appropriate technical and organizational security measures for the processing of personal data under the Agreement. Such measures shall ensure an appropriate level of security considering the technical possibilities available, the cost for such measures, the specific risks connected with the processing of the data in question, and the sensitivity level of the data in question.
TERM AND TERMINATION
- The Agreement shall enter into force on the Effective Date. The Agreement shall remain in force during the Customers use of the Service and as long as the Customer has an active subscription plan with Confetti.
- Each Party may, upon written notice to the other Party, terminate the Agreement with immediate effect if: (i) the other Party has committed a material breach of the Agreement, and has not rectified the same within thirty (30) days after receipt of a written notice thereof; or (ii) the other Party becomes subject to an insolvency proceeding, goes into liquidation, suspends its payments or can otherwise be deemed to have become insolvent.
- In the event the Customer has committed a material breach of the Agreement, the Customer shall compensate Confetti for its damages, costs and loss, regardless if Confetti chooses to terminate the Agreement under this Section 13 or not.
RETURN OF DATA
Confetti may, upon Customer’s request and against reasonable compensation for its costs, assist Customer in transferring Content to Customer upon the expiry or termination of the Service. This shall be without prejudice to the Customer’s responsibility and liability in relation to such Content as set out in Section 10.4 hereof.
AMENDMENT OF THE TERMS
Confetti may update or make amendments to these Terms or the Agreement from time to time, including to the Service Fee. In case of any such amendment, Customer will be notified in advance and where Customer does not accept the updated or amended terms, it shall notify Confetti hereof within thirty (30) days from receipt of the notice. Customer may then continue to use the Service on the unchanged terms until the expiry of the then current subscription period, whereafter the Agreement will automatically terminate. Any extension after the expiry of the then current subscription period will be subject to the amended Agreement.
- If and to the extent that a Party’s performance of any of its obligations pursuant to the Agreement is prevented, hindered or delayed due to circumstances beyond the reasonable control of such Party such as, lightning, labor disputes, fire, acts of war, requisition, seizure, currency restriction, riots and civil disorders, shortage of means of transportation, shortage of goods, amendments to regulations issued by governmental authorities, intervention of authorities or defects and/or delays in delivery of his sub-suppliers due to the circumstances here stipulated (each, a “Force Majeure Event”), then the non-performing Party shall be excused from any performance of those obligations affected by the Force Majeure Event for as long as such Force Majeure Event continues. The Party whose performance is prevented, hindered or delayed by a Force Majeure Event shall immediately notify the other Party of the occurrence of the Force Majeure Event. The non-performing Party is, however, always obligated to mitigate the effects of the Force Majeure Events.
- Should fulfilment of the Agreement to a significant extent be prevented for more than three (3) months due to above described circumstance, either Party shall have the right to terminate the Agreement by written notice.
Customer hereby grants to Confetti a right to publicly disclose Customer’s name for publicity purposes, including in its advertising. This right shall survive termination of the Agreement.
- In the case of any inconsistency between these Terms and the sign up form, the sign up form shall prevail.
- Except as expressly provided for in these Terms, any amendment or modification to the Agreement must be in writing and signed by both Parties in order to be binding.
- The Customer may not assign the rights or obligations under the Agreement to any third party without the prior written consent of Confetti, which will not be unreasonably withheld.
- No delay or failure to exercise any right or remedy shall constitute a waiver of such right or remedy or prevent the exercise of such right or remedy on any subsequent occasion. Any waiver granted shall not, unless expressly stated, constitute any waiver for any future occasion.
- Those provisions in these Terms which to their nature are intended to survive the expiry or termination of this Agreement, shall so survive such expiry or termination, including but not limited to the provisions on confidentiality, limitation of liability and intellectual property rights.
- Any termination or other notice in connection with the Agreement shall be in writing and may be delivered by courier, sent by registered letter/airmail or e-mail to the other Party's contact persons at the addresses stated in the Agreement. Such notice shall be deemed to be given if sent by courier, on the day of delivery to the receiving Party; if sent by registered letter/airmail, five (5) days after the day of dispatch; or if sent by e-mail, on the day when sent, provided that the sending e-mail account has generated a message indicating that the e-mail has been successfully sent.
- The Agreement shall constitute the entire agreement between the Parties regarding its subject matter and shall replace and supersede any prior agreement or arrangement, oral or written. No additional terms set out by Customer and provided to Confetti, whether in connection with the sign-up procedure or otherwise, shall apply unless confirmed in writing by an authorized representative of Confetti.
GOVERNING LAW AND DISPUTES
- Any dispute, controversy or claim in connection with the Agreement, and any non-contractual obligations arising out of or in connection with the same, shall be governed by and construed in accordance with the laws of Sweden, with the exclusion of its conflict of law rules.
- Any dispute, controversy or claim (contractual or non-contractual) arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute).
- The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.
- The place of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English, unless the Parties agree otherwise.