General terms and conditions for using Confetti by organisers
Updated: 24 May 2018
These General Terms and Conditions (“Terms”) governs the use of the CONFETTI-Services provided by Confetti Technology AB (CONFETTI) reg. nr. 556964–6465.
CONFETTI enables people all over the world to create event websites (“Event Website”) as well as plan, promote and sell tickets to their event using the CONFETTI software (“CONFETTI-Software”). The Confetti services (“CONFETTI-Services”) include:
- A platform where you can build your own event site,
- A ticketing system and payment processing,
- A system for sending emails to your attendees.
These Terms shall govern the contractual relationship between the user of the CONFETTI-Services (the “Organiser“) and CONFETTI, irrespective of which CONFETTI-Websites the Organiser is registered with or logged on to. To use the services of CONFETTI the Organiser must be a legal or actual person and of age.
These Terms regulates solely the relation between CONFETTI and the Organiser and does not constitute any rights or undertakings for any third party, including the attendee.
Undertakings by the Organiser
The Organiser undertakes:
- To pay for the services provided by CONFETTI in accordance to the current published charges list (“Price List”) on the CONFETTI website,
- To use the services provided by CONFETTI in accordance with the current published Privacy-policy on the CONFETTI website,
- That the Organiser is of age at the time of the registration, provided that the Organiser is an actual person. In cases of legal entities or corporate bodies, the Organiser pledges to have the respective authority to represent the legal entity or corporate body. The Organiser is required to be able to prove the confirmations stated in this clause upon CONFETTI’s request,
- That the Organiser has the required equipment and knowledge to create their Event Website,
- Not to use the CONFETTI Software in any other way or for any other purposes than those stated in these Terms,
- That CONFETTI has the right to suspend the CONFETTI-Service if the Organiser violates/breaches the terms stated in these Terms/ in accordance to these Terms,
- To inform CONFETTI immediately about unavailability or malfunctions of the CONFETTI-Websites,
- To use the CONFETTI-Services in accordance with applicable law and the rights of third parties. The Organiser will indemnify CONFETTI from any claims of third parties based on the illegal use of the CONFETTI-Services by the Organiser,
- To inform CONFETTI immediately in writing about any change of name, company name, address, legal form or bank details,
- If an Event for which Tickets are sold or already have been sold via CONFETTI shall be cancelled or changed (regarding date, time, venue or other important details), the Organiser must immediately inform CONFETTI in writing once these circumstances have come to the Organiser’s attention.
Ticket Prices and Charges
CONFETTI will charge the Organiser for the CONFETTI-Services provided under these Terms in accordance with the current Price List.
The fees payable to CONFETTI according to clauses 2.2., 2.3. and/or 2.4. must be paid if the Event is cancelled because of reasons CONFETTI is not responsible for.
- The Organiser can choose which payment method(s) (ex. credit card, direct debit, bank transfer, invoice) shall be offered to Attendees. According to the option(s) selected, CONFETTI will undertake the accounting for the Organiser and will hold the money in a separate bank account. The Organiser authorizes CONFETTI to do so.
- CONFETTI will transfer the money received according to clause 4.1. minus the fees payable to CONFETTI according to clause 2 at the latest fourteen (14) days after the Event has ended. The money will be transferred to the bank account provided in the Organiser’s user account on the CONFETTI-Websites. CONFETTI will have successfully fulfilled its part of the contract once the money has been successfully transferred to the specified bank account.
- The Organiser is aware of the risk that specific payment methods (ex. direct debit or credit card) can be reversed by Attendees. The Organiser bears this risk alone. If transactions are reversed after payout to the Organiser according to clause 4.2., these costs plus a fee for the reversed transaction according to the current Price List will be charged to the Organiser.
- The Organiser is obligated to raise any objections to any accounting statements from CONFETTI immediately. No claims or objections can be made four (4) weeks after the issuance of the statement. After four (4) weeks, the statement will be considered approved.
- In case of Event cancellation or if the attendee reverses the Ticket sale because of another Event change, the Organiser hereby authorizes CONFETTI to repay the money paid for the Tickets including all fees according to clause 2.1. within fourteen days. The Organiser hereby authorizes to repay the money for the Tickets in their name and for their account.
- For this reimbursement process (according to clause 5.1.), the Organiser has to pay CONFETTI an additional cancellation fee for each Ticket according to the current Price List. After the reimbursement process – at the latest one (1) year after the date originally planned for the Event – CONFETTI will issue an invoice containing the fees payable to CONFETTI. CONFETTI has the right for interim billing, but no obligation to do so. Money not reimbursed to the Attendees within one (1) year will be paid to the Organiser.
CONFETTI has the obligation to reimburse Tickets sold via the
CONFETTI-Websites in the name and by order of the Organiser, if
- CONFETTI has the legal obligation to do so; or
- the reimbursement rate of credit card- or direct debit-payments for this Event is above-average, in any case at a reimbursement rate of 2%; or
the Organiser wishes or allows this:
The Organiser hereby authorizes CONFETTI to repay the money paid for the Tickets by Attendees in their name and for their account. For the reimbursement process according to clause 5.3., the Organiser has to pay CONFETTI an additional cancellation fee for each Ticket according to the current Price List. After the reimbursement process – at the latest one (1) year after the date originally planned for the Event – CONFETTI will issue an invoice containing the fees payable to CONFETTI.
- If the Organiser has already received money for the Tickets from CONFETTI (in the case of clauses 5.1. and 5.3.), the Organiser is required to refund the necessary money for the reverse transaction. If the Organiser does not refund the money that CONFETTI has already paid out, CONFETTI is only obligated to partially distribute the money to Attendees that has not yet been paid out to the Organiser or that has been refunded to CONFETTI from the Organiser.
Protection against fraud / misuse
- The CONFETTI-Websites offer an extensive security system to protect Organisers against reimbursement of credit card payments. Because of this security system it is possible that – in exceptional cases – payments through payment providers/banks or the Attendees’ bank will not be accepted.
If the Organiser arouses suspicion of misuse of the CONFETTI-Websites,
CONFETTI has the right to deactivate the Ticket shop of the Organiser
and to stop the Ticket selling. Specifically, a suspicion of misuse of
the CONFETTI-Websites is aroused if:
- (i) it comes to attention before the Event that the Event shall not (or not in the way as stated in the Ticket shop) take place; or
- (ii) illegal or immoral Events shall take place; or
- (iii) the reimbursement rate for this Event is above-average, in any case at a reimbursement rate of 2%; or
- (iv) information available to particular clause 8 concludes that the Organiser is not eligible to offer Tickets for the Event for sale. If the concerns cannot be cleared up within thirty (30) days, CONFETTI has the right to reimburse the Attendees in accordance with clause 5.
Limitation of liability
- The CONFETTI-Services are provided as-is and CONFETTI are not, to the extent permitted by applicable law, not liable for any damages or losses, including but not limited to loss of money, data, or other intangible losses or any special, indirect, or consequential damages resulting direct or indirect from the Organisers use of the CONFETTI-Services.
- The Organiser holds CONFETTI free from all claims, including claims for damages, which other Organisers or other third parties bring against CONFETTI by claiming a violation of their rights as a result of the content posted on the CONFETTI-Websites by the Organiser. The Organiser also holds CONFETTI free from all claims, including claims for damages, which other Organisers or other third parties bring against CONFETTI by claiming a violation of their rights as a result of using the services of the CONFETTI Websites by way of the Organiser. The Organiser assumes all reasonable costs incurred resulting from violating a third partys’ rights, including reasonable costs incurred for legal defense. All further rights as well as claims for damages from CONFETTI remain unaffected. The above-mentioned Organiser’s duties do not apply insofar as the Organiser is not responsible for the injury or infringement in question.
- If CONFETTI are found to be liable, our liability is limited to the amount invoiced by the Organiser in the twelve (12) months prior to the action giving rise to the liability.
- CONFETTI reserves the right to, at any time and without notice, to: (i) modify, change, suspend or terminate operation of or access to any or all of the CONFETTI-Services, (ii) modify these Terms, or (iii) interrupt the access of the CONFETTI-websites for maintenance, error correction etc.
- The parties will not be responsible for any delay or failure in any performance due, without limitations, to war, warlike conditions, blockade, embargoes, riots, governmental restriction, labor disturbances, unavailability of anticipated usual means of supplies, transportation or loading facilities, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond the parties reasonable control.
Term and termination
- These Terms are valid for as long as CONFETTI provides the CONFETTI-Services to the Organiser.
- The Organiser has the right to terminate these Terms for convenience by two (2) weeks prior written notice to CONFETTI.
CONFETTI has the right to cancel these Terms regarding the provision
of CONFETTI-Services in case:
- The Organiser has contravened against important provisions of these Terms,
- The Organiser has filed for bankruptcy, insolvency proceedings have been started or the start of the insolvency proceedings have been dismissed in default of assets,
- Circumstances occur that the Organiser cannot fulfill his contractual obligations against CONFETTI or third parties in default of assets, and – in addition – the Organiser gives no proof of sufficient assets within thirty (30) days after request by CONFETTI to do so, or
- The Organiser does not offer an Event.
For the cause of termination shall the parties fulfil their undertakings stated in clause Accounting.
If any provision of these Terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.
These Terms and the contractual relationship shall be governed by Swedish Law and disputes shall be settled by Swedish courts.