The purpose of these SUREVICES Terms and Conditions of Use (hereinafter the “T&Cs”) is to define the respective rights and responsibilities of SUREVICES and the Event Organiser (hereinafter the “Organiser”).

By registering on the SUREVICES website, the Organiser expressly agrees to comply with these T&Cs, which will prevail over any other document provided by the Organiser in the event of conflict.

SUREVICES offers an online event ticketing solution through several domains, subdomains and aliases (hereinafter the “Websites”) and makes this solution available to Organisers. It acts as an intermediary and gives the Organisers the benefit of its expertise, its services and its equipment.

SUREVICES also offers a ticketing solution that can be used directly by the Organiser at the event venue. These T&Cs govern the contractual relationship between the Organiser and SUREVICES (hereinafter the “Parties”).

ARTICLE 1: Subject of the contract

This contract gives SUREVICES the authority to publish, manufacture, sell and market tickets (hereinafter the “Tickets”) on behalf of the Organiser. As such, SUREVICES acquires the booking contracts, admission and registration rights (hereinafter “Admission Rights”) from the Organiser, which it offers to sell to the public. This intermediary role only involves the public sale of Admission Rights acquired by SUREVICES.

The Organiser retains full responsibility for the organisation of the event vis-à-vis the buyers (hereinafter “the Participants”). A Ticket is the physical manifestation of an Admission Right. It allows Participants to enter the event venue and benefit from the services offered by the Organiser.  

With regard to the provision of equipment at the event venue and the creation of Free Tickets, SUREVICES merely acts as a service provider, invoicing its services to the Organiser. The provisions in these T&Cs are not affected insofar as they are compatible with the status of service provider.

Services offered by the SUREVICES solution.

SUREVICES provides the Organiser with online management software (hereinafter the “Software”) accessed via a username/password on SUREVICES websites. This Software allows the Organiser to autonomously set up or “configure” any and all of their events under the terms and conditions set out herein. The Organiser can also check the status of sales in real time.

At the express written request of the Organiser, if accepted, SUREVICES can handle the configuration of the event, in which case the Organiser will need to provide all necessary information.

This information must be communicated within a reasonable time frame, agreed with SUREVICES, which will then require a minimum period of two working days to update and post this information online once it has been received.

The SUREVICES solution also offers the opportunity to promote events.

Tickets and derivative products are sold to Participants through SUREVICES’s technical interfaces. SUREVICES makes sure these are sent to Participants and handles the associated payments. The SUREVICES solution also allows for the implementation of physical sales; sales cashed directly by the Organisers. There is a specific Article about this method included in these T&Cs. SUREVICES generally only sells online Tickets from its technical interfaces and its own internet servers, even when the Organiser has integrated the control module into a third party website that calls SUREVICES’s servers.

The Organiser may, however, expressly authorise SUREVICES to market the Tickets through its partner networks, if and only if said Organiser ticks the option provided for this purpose in the Software. SUREVICES will then be personally responsible for remunerating these networks, which are free to set a final sale price higher than that defined by the Organiser in the Software.

SUREVICES is not held to any minimum or predetermined guarantee of Ticket sales and the Organiser alone bears the risk of unsold tickets.

The Organiser provides SUREVICES with a guaranteed Ticket quota, which may be increased. The Organiser agrees not to sell or make available to SUREVICES a number of Admission Rights higher than the event’s actual hosting capacity.

The Organiser must undertake not to present the events in a manner that is likely to mislead Participants (misleading advertising) or include false allegations, claims or representations (false advertising). Please note that it is not up to SUREVICES to verify whether such information is true or whether or not it is likely to mislead the Participant as to the nature of the proposed event.

ARTICLE 2: Fees and Prices of Tickets, Products and Services

The Organiser alone determines the selling price of the Tickets and, where applicable, any Products and/or Services created as optional extras, and may apply additional costs.

SUREVICES’s remuneration (hereinafter “Remuneration”) is based on the selling price of the Ticket and any optional products and/or services, to which fees can potentially be added by the Organiser. The amount of this Remuneration is given in the Price List set out in the “Prices” section of the SUREVICES Websites.

Any changes to the Prices will be made under the conditions provided for in Article 27 hereof.

It is expressly agreed between the Parties that Remuneration will be owed in all circumstances. So, if for any reason, the Organiser was required to refund the Ticket price to Participants, SUREVICES would still be entitled to keep the Remuneration.

Unless stated otherwise, remuneration as determined in the second paragraph of this Article includes Value Added Tax, in compliance with tax standards.

Provided that such remuneration is mentioned in the Price List, the Organiser authorises SUREVICES to charge the Participants a booking fee, the entire amount of which is retained by SUREVICES. SUREVICES will be personally responsible for collecting such fees.

SUREVICES may also receive Remuneration for free Tickets and for Tickets generated by the Software resulting in direct earnings for the Organiser. This Remuneration will be included in the Price List.

SUREVICES may propose additional services to the Participants when they purchase a Ticket, such as cancellation insurance, accommodation solutions, etc. It is specified that SUREVICES will be responsible for the remuneration of the third party services providing these services, as well as for its own remuneration. It is specified that all these options offered to the Participants can be deactivated at any time by the Organiser.

ARTICLE 3: Financial Provisions

Payment of Ticket earnings

Organisers will be paid, based on the sales made, every two weeks on the 1st and 16th of each month. Bearing in mind unavoidable inter-bank delays and working days, the Organisers are usually credited between 1 and 3 days after the 1st and 16th of the month. There may be an additional delay to the first payment because of control and security operations.

Each event will generate a sales summary. The Organiser can access the sales summary via the Software at any time.

The Organiser is required to raise any objections about the payments made by SUREVICES without delay and at the latest four weeks after the payment has been paid. In the absence of any objection, the payment is considered as definitive and SUREVICES may no longer be held liable.

Note that SUREVICES cannot make a payment if the Organiser’s bank details are left empty, incomplete, erroneous, or in a currency different from that of the sales made.

Withholding Ticket earnings

In addition, SUREVICES reserves the right not to make a payment if it has any doubts about the entity receiving the funds: account registered abroad, lack of information, etc. Please note that SUREVICES’s services cannot be used for fraudulent or dishonest purposes.

If any such doubts arise, SUREVICES may unilaterally retain the Ticket earnings, and will inform the Organiser by email within a reasonable time frame from the day on which it makes the decision to block the payment.

In this case, SUREVICES will withhold the Ticket earnings until the identity of the beneficiary of the account has been proven.

Similarly, and under the same conditions, SUREVICES reserves the right to withhold the payment of amounts due until the event has been successfully held, where there are legitimate concerns as to the running of the event: event with significant risk of cancellation, event that may be in contravention to public order rules, etc.

Under the same conditions, SUREVICES reserves the right to withhold the payment of earnings due until the event has been successfully held if it has legitimate doubts about the rights to distribute Tickets for the event: Organiser that doesn’t hold all the necessary authorisations/permits for the event, misleading advertising, clear absence of the rights to stage a performance, etc.

In the cases provided for in the preceding paragraphs, SUREVICES may ask the Organiser to provide documentation attesting to the reality and seriousness of the organisation of the event: rental agreement, council authorisation, incorporation certificate, proof of residence of the person in charge, ID of the Organiser, etc.

Under no circumstances will the provision of these documents be deemed sufficient to guarantee the payment of the amounts concerned. Where there is legitimate doubt about an event or about the Organiser, the Tickets earnings will be kept by SUREVICES pending the successful completion of the event or pending a refund to Participants. SUREVICES reserves the right to make contact with one or more Participants to verify statements from the Organiser.

It is agreed and accepted by the Parties that the right to withhold the Ticket earnings is also applicable in the event that an Organiser has set up several events via SUREVICES. This means that if SUREVICES has any doubts about the actual holding of any single one of an Organiser’s Events or the Organiser’s right to distribute Tickets for any of its Events, SUREVICES is authorised to withhold any and all amounts owing to the Organiser, including those relating to other Events.

Invoicing Agreement

The Parties expressly agree that by accepting these T&Cs, the Organiser authorises SUREVICES to draw up its own invoices. The statement of accounts referred to in this Article is the invoice issued in the name and on behalf of the Organiser. In this regard, and in accordance with the tax provisions in force, please note that the Organiser/principal retains full responsibility for its invoicing duties and their consequences with regard to VAT. The Organiser is reminded that the four-week period stipulated in paragraph 3 of this Article also applies to challenging the content of invoices. The Organiser/principal makes a firm commitment to pay all taxes shown on the invoices, to immediately request copies of invoices if they have not received a copy, and to notify SUREVICES of any changes to its company details.

The invoicing agreement with SUREVICES in no way exonerates the Organiser with regard to its tax obligations. The Organiser confirms having been made fully aware that invoices issued in its name and on its behalf must include the same wording as those issued directly by itself. The Organiser undertakes to inform SUREVICES without delay of any mandatory information concerning the company that may not appear on the invoices. To fully comply with the tax regulations applicable to it and in the eventuality that SUREVICES is unable – for any reason whatsoever, including those provided for in these T&Cs – to pay earnings to the Organiser for a period of more than 24 months, SUREVICES will be forced to record these sums in its tax base, and the amounts will no longer be payable.

Where applicable, an email notification system will inform the Organiser of any payment delays, detailing the reasons for this inability to pay, whether technical and/or administrative, as well as the action they need to take to ensure that payment can be resumed as soon as possible. Organisers can contact SUREVICES’s invoicing department for any help or clarification needed.

ARTICLE 4: Unpaid amounts

SUREVICES is only liable to the Organiser for the proper performance of its duties as an intermediary, i.e. the sale of Tickets to Participants. This means that SUREVICES cannot be held responsible for any fault on the part of Participants, including any failure to pay the Ticket price. The Organiser must therefore agree, without exception, to cover any credit card payment rejections that may occur (hereinafter “Unpaid Amounts”), whatever the reason.

The Organiser expressly agrees to assume the risk of Unpaid Amounts and shall not hold SUREVICES liable, in any capacity whatsoever, in the event an amount is unpaid.

Should an Unpaid Amount occur, if the sum has already been paid to the Organiser, SUREVICES will attempt to contact the Participant to try and find an amicable solution. SUREVICES’s attempts to negotiate with the Participant do not mean it is responsible for achieving a specific outcome, since the priority for SUREVICES is to find a quick amicable resolution to the Unpaid Amount while reminding the Participant of their obligations.  After a period of one month from the date of notification of an Unpaid Amount by the bank, and if the amount remains unpaid, SUREVICES will invoice the Organiser for the unpaid amount, since SUREVICES’s remuneration, as defined in Article 2 hereof, remains in place.

SUREVICES makes use of all the technical systems that can currently be reasonably used by e-commerce operators to protect themselves, and to protect the Organiser, against the risk of Unpaid Amounts. The Organiser expressly agrees that SUREVICES cannot be held liable for any failure of these systems, which it also declares to be perfectly familiar with, particularly in connection with the use of stolen foreign cards. Also, in the context of relations between SUREVICES and the Organiser, it is expressly agreed that the Organiser’s guarantee against unpaid amounts is due in all circumstances. In return, SUREVICES will work actively with the Organiser to assist with collection from the Participant, particularly in terms of any relevant information it may hold and, in compliance with legal provisions, may be able to pass on. The Organiser hereby agrees to compensate SUREVICES for any expenses incurred, whatever they may be, when recovering unpaid amounts.

ARTICLE 5: Registration of an event by the Organiser

It is expressly agreed between the Parties that the creation of an event on the Software automatically grants SUREVICES the authorisation to market the Tickets according to the quotas set. At each event creation, the Organiser will define the Ticket quotas, the dates and times of the event and the Ticket Sale Price.

ARTICLE 6: The Organiser’s Terms and Conditions

The Organiser may distribute its own terms and conditions of sale to the Participants via the SUREVICES interface.

In the event of a conflict between the clauses of these terms and the T&Cs binding SUREVICES to the Participants, SUREVICES’s terms and conditions shall prevail

ARTICLE 7: Event cancellation or changes – Refunding Participants

Cancellation

If an event is modified significantly (changes to the date, time, event location or line-up) when Tickets have already been sold or are still on sale, the Organiser must inform SUREVICES without delay.

The Organiser shall assume full responsibility when the changes to an event are such that it is considered by these T&Cs and by applicable legislation to constitute cancellation of the event.

Refund Obligation

SUREVICES would like to remind Organisers that the obligation to reimburse Participants the full ticket price paid in the event of a cancelled event is a personal obligation of the Organiser’s legal representative.

The Organiser expressly authorises SUREVICES to proceed with refunds using the amounts owed to it, for whatever reason. SUREVICES may proceed with a refund for a given event, using amounts owing for other Events organised by the Organiser. If these amounts are insufficient, the Organiser agrees to provide SUREVICES with the necessary funds to reimburse the Participants and irrevocably guarantees SUREVICES against any and all claims from the Participants. In the same context, SUREVICES will also be authorised to communicate with Participants, giving them the contact details and any relevant information about the Organiser so that the Participants can request a refund directly from the Organiser itself.

In the event of a refund, the Remuneration owed by the Organiser to SUREVICES will be retained by the latter.

Note that in addition, and in accordance with the Price List, the cancellation of an event gives rise to the invoicing of additional cancellation fees.

Refund at the request of the Organiser

In the event of postponement, substantial modification or cancellation of an event, the Organiser may expressly request that SUREVICES proceed with the total or partial reimbursement of Participants for all or part of the Tickets already sold, without having to give any reason. In this case, and assuming SUREVICES is not already in possession of the amount its needs to proceed with the refund, for whatever reason, the Organiser must pay SUREVICES the sums necessary to proceed with the refund. Note that in the event of a refund at the initiative of the Organiser, SUREVICES’s Remuneration will be retained.

Refund Insurance

SUREVICES may, at its discretion, ask the Organiser to take out insurance to cover the cost of refunding Participants, before entering into the contract or during the performance of the latter. SUREVICES will have to be designated as the beneficiary of the insurance so that it receives the necessary compensation to proceed with the refund.

The insurance policy needs to cover all cases of cancellation, including postponement or substantial modification of the event, whether the Organiser is responsible or not.

Even when cancellation insurance is taken out, SUREVICES may withhold all amounts owing to the Organisers, in accordance with the Article on “WITHOLDING TICKET EARNINGS” until the event(s) concerned take place.

Fraudulent use – Security deposit

The Software must not be used for fraudulent purposes or by unscrupulous Organisers, so SUREVICES reserves the right to withhold Ticket earnings until the events organised by the Organiser have been successfully held, in accordance with the provisions of Article 3 of these T&Cs on “Withholding Ticket earnings in cases of legitimate doubt”. In addition to this possibility, before any marketing, or while marketing the event, SUREVICES reserves the right to request a personal deposit from the Organiser to guarantee the return of ticket earnings and the payment of cancellation fees. The guarantee may also, and where applicable, be requested from any banking institution or natural or legal person whose residence or registered office is located in France, whether or not said person is part of the organisation of the Event.  SUREVICES reserves the right to request any useful documents to study the guarantees provided as well as the right to refuse guarantees from certain persons.

Resale Module – Refunds

The Organiser, particularly in the case of sold-out events, has the possibility, via the Software, of offering Participants who so wish the possibility of having their Tickets refunded, and of offering new Participants the possibility of acquiring these Tickets in a “resale” module.

This reimbursement, at a fixed price or within a price range defined by the Organiser, is only made to the Participant if and when a new Participant purchases a new Ticket of the same category. This new Ticket will be sold at a price freely set by the Organiser.

The new Ticket and its generated barcode, which is the object of the new sale, then replaces the Participant’s initial Ticket in the overall capacity of the event, it being specified that the reimbursement of the initial Ticket immediately results in the invalidity of all the rights that were attached to it.

In this context and in the event that several Participants have requested a reimbursement, the order of reimbursements will follow the order of resale requests made on a first-come, first-served basis.

Where the resale price is within a price range defined by the Organiser, it is up to the Participant to define the price at which he/she wishes to be reimbursed within this range. This price set by the Participant then has an impact on the order in which the Ticket appears on the resale module, with Tickets appearing in ascending order of price from lowest to highest.

In addition, the Organiser may, at its discretion, charge a resale fee, which will be deducted from the amount to be reimbursed to the initial Participant.

ARTICLE 8: Intellectual property

SUREVICES’ rights

SUREVICES retains ownership of the design of the Website and the Software that it has built. The Organiser acknowledges that the Ticketing Software is an intellectual work that it and its staff members are required consider as such, by refraining from copying or reproducing it in whole or in part by any means and in any form, transcribing it or translating it into any other language, or adapting or adding to it any object that does not comply with its specifications.

Any content aside from that which may be posted by the Organiser that is included or accessible on and/or through the SUREVICES Websites, including any text, graphics, logos, names, trademarks, designations, tabs, features, images, audio, data , photos or any other material or Software (hereinafter the “SUREVICES Content”) is the exclusive property of SUREVICES and is protected by intellectual property law and all other legislation in force.

The SUREVICES Content may only be used and exploited by SUREVICES and/or its licensees and any other use of it, except with the express agreement of SUREVICES, represents an infringement.

The SUREVICES Content must not be downloaded, copied, altered, modified, deleted, distributed, transmitted, broadcast, rented, sold, conceded or exploited, in whole or in part and in any manner whatsoever, without SUREVICES’s express written consent.

Hosting the Organiser Content

By making Content available on the SUREVICES Websites (hereinafter the “Organiser Content”), the Organiser agrees that other Organisers, the Public or Participants, may, for free and for personal use only, view and share the Organiser Content on the SUREVICES Websites or on other electronic communication media (especially mobile phones) for as long as said Content is hosted on the SUREVICES Websites.

For as long as the Organiser Content is hosted on the SUREVICES Websites and as part of the features allowing the SUREVICES Websites to be accessed on the internet or other electronic communication media, the Organiser authorises SUREVICES to reproduce and/or represent its content and, if necessary, adapt the format for this purpose.

Note that given the specificities of the internet, SUREVICES may not be held liable for any misuse or piracy of content provided by the Organiser to SUREVICES. The Organiser is required to take all necessary measures to protect its Content and data.

However, it is important to remember that the data featured on the SUREVICES Website(s) is only accessible by third parties for the purposes of marketing SUREVICES tickets and other services. As such, SUREVICES does not authorize anyone, whether or not they are a user of the services, to use this data in a context other than the application of this contract.

ARTICLE 9: Responsibility for content uploaded by the Organiser

In adding content (text, images, videos, digital files or any other material) to the SUREVICES Websites, the Organiser is bound by the legal and regulatory provisions in force. As a result, it is the Organiser’s responsibility to ensure that the storage and distribution of this content via SUREVICES’s Websites does not represent a violation of any third party rights for which it does not have the necessary authorisation.

It is forbidden to use SUREVICES’s services to organise illegal or forbidden events.

Dissemination of content that is not consistent with accepted standards of behaviors and public order is prohibited. In particular, it is forbidden to use SUREVICES’s hosting services to distribute content or information that may incite discrimination, hatred or violence towards a person or group of people because of their membership or non-membership in a particular race, religion, or nation or that insults the victims of crimes against humanity by denying the existence of these crimes or by apologising for them. It is also prohibited to distribute humiliating or defamatory content as well as pornographic content or content infringing the legal provisions relating to the protection of children.

In the event that the content distributed violates the rules laid out in the preceding paragraphs, the Organiser Content may be withdrawn and the Organiser’s account deactivated, without prior notice and without prejudice to any further damages.

SUREVICES may not be held liable for the content, data or information provided by the Organiser, disseminated via its websites.

As a content host, SUREVICES’s sole obligations are to combat certain content, protect the login data of Participants and Organisers (which must also be kept confidential and processed in compliance with data protection laws), and remove any manifestly illicit content as soon as the existence of said content has been brought to its attention.

ARTICLE 10: Interruption of Services

In the event of a scheduled service interruption for the purposes of maintenance, security or storage management, SUREVICES will inform the Organiser within a reasonable time frame before the interruption. In SUREVICES will also indicate the foreseeable duration of this kind of service interruption. SUREVICES will do its utmost to schedule such maintenance operations between 1am and 5am, so as to minimise their impact on the accessibility of the Ticketing service.

SUREVICES undertakes to inform the Organiser, through the website status.SUREVICES.com as soon as it becomes aware of any technical issues affecting its ticketing system and likely to cause an interruption of more than twenty-four (24) hours, so that the Organiser can make any necessary arrangements, including selling the Tickets allocated to SUREVICES itself and/or via other distribution channels. SUREVICES may not be held liable for any unplanned and non-negligent interruption of services. In the event of such a case of force majeure, SUREVICES will do its utmost to restore the services as soon as possible.

Similarly, the Organiser agrees to notify SUREVICES as soon as it notices or becomes aware of a malfunction of the SUREVICES Services.

ARTICLE 11: Organiser Statements and Warranties

The Organiser certifies that it holds:

  • all rights, including the intellectual property and exploitation rights required for any works or other materials used for promotional purposes or at the event itself,
  • the right to distribute Tickets related to the event. The Organiser confirms that it is not bound by any exclusivity agreement concerning the sale of the Tickets and guarantees SUREVICES against any third-party claims in this respect,
  • all the authorisations required to organise the event for which the Tickets will be sold by SUREVICES, and in particular the entertainment promoters’ permit when this is mandatory.

The Organiser guarantees SUREVICES for any claims that may be made against it in this regard.

The Organiser certifies that it holds the rights to use any images and text that it sends to SUREVICES or posts online on SUREVICES’s Websites. In this respect, it guarantees SUREVICES against any third-party claims, including any action for infringement, as a result of such use on the SUREVICES websites.

The Organiser expressly declares to SUREVICES that it is not contractually bound to any third party and may freely use SUREVICES’s services in accordance with these terms.

The Organiser declares that it will handle all the administrative and fiscal procedures necessary to organise the event and the payment of all taxes and duties related thereto.

The Organiser declares that it is responsible for the proper organisation and smooth running of the event. As such, it undertakes to comply with all applicable regulations in this matter and in particular with regard to safety, regulations on drinking establishments, and provisions relating to labour.

The Organiser expressly authorises SUREVICES to use its name and/or logo or that of its events as a reference. This authorisation applies to all SUREVICES commercial communications regardless of the media, throughout the duration of the contract. When this contract expires, the Organiser, if it wishes, may request the withdrawal of any such elements used in these communications, giving as much detail as possible. Upon receipt of this request, SUREVICES, insofar as it is able, will make the requested changes within a reasonable time frame.

The Organiser declares that it has full legal capacity to enter into this agreement. It confirms that it has not been the subject in the past, nor is it currently the subject of, any procedure such as safeguarding, restructuring or liquidation. Individual Organisers and natural persons declare that they are not subject to any personal debt or bankruptcy procedure. They further undertake to notify SUREVICES without delay of any circumstance that may affect their legal capacity or their financial capacity such as, without this list being exhaustive, insolvency, appointment of an ad hoc proxy, or a conciliation, safeguarding, recovery or liquidation procedure.

The foregoing statement is certified by the natural person signing this contract on behalf of the legal entity Organiser. This person also declares that they have never been in charge of or associated with, in any capacity whatsoever, a company that has been the subject of one of the procedures referred to in the previous paragraph. In the event of misrepresentation, the signatory of this agreement binding a legal entity will assume personally and jointly with the Organiser all the consequences of this misrepresentation, since SUREVICES intends for its services to be used by natural persons and legal entities that present no risk of insolvency.

ARTICLE 12: Obligations of SUREVICES

As part of transferring the Tickets, SUREVICES undertakes to publish the Tickets itself, in accordance with the event parameters set by the Organiser or by itself when the Organiser has asked it to handle the event creation according to given instructions.

SUREVICES undertakes to comply with all legal provisions relating to ticket publication and in particular to comply with the provisions included in the general tax code. As such, it agrees to send the Organiser, should they request it, all necessary information for describing the ticketing system in place, in accordance with Article 8 of the French Decree of 5 October 2007 relating to entertainment promoters for shows with an entry price.

SUREVICES shall comply with all the provisions of the aforementioned Decree of 5 October 2007, in particular by:

  • publishing Tickets in accordance with the legislation; These Tickets must contain the following details either clearly marked or in the form of coded information: the promoter ID, the name of the show/event and, where applicable, the number of the performance to which the Ticket gives access, the seating/entry category to which it gives access, the total price paid by the Participant or the mention of free admission, the transaction number assigned by the ticketing system, and, in the case of presale, identification of the performance for which the Ticket is valid as well as the date and place of sale;
  • ensuring the retention of data relating to the issue of Tickets for the required legal period and allowing the Organiser to access said data in the event of an inspection or audit.

SUREVICES will keep records of takings in their original content and in chronological order. It will publish in real time a statement of the number of tickets issued for each admission/seating category, the price of the admissions and the corresponding earnings. This statement will be accessible online via the Software.

SUREVICES is committed to ensuring the confidentiality of all information designated as confidential.

Where necessary, SUREVICES undertakes to inform the Organiser, without delay, of any difficulty it encounters in the sale of the Tickets.

ARTICLE 13: Disclaimers

SUREVICES may not be held liable for any problems the Organiser may have accessing the Online Software or for its customers’ inability to access the online purchasing system due to difficulties related to the internet network or for any other reason outside of its control.

SUREVICES may not be held responsible for poor configuration of the Online Software by the Organiser.

SUREVICES also makes no warranties – express, implied, statutory or otherwise – and excludes in particular any guarantee regarding the ability of its services to meet the Organiser’s specific expectations or needs.

ARTICLE 14: Obligations of the Organiser

Admitting Participants

The Organiser commits to accepting all the Tickets (vouchers and Individual Tickets) issued by SUREVICES’s electronic Ticketing system, presented to it during the event it is organising.

In accordance with applicable legislation, the Organiser agrees to exchange Group Tickets (single ticket granting Admission Rights to several participants) which are technically vouchers, for individual Tickets when these vouchers are presented at the event concerned.

The Organiser must indicate, when creating the event in the Software, whether any supporting documents are required for admittance to the event venue in accordance with the prices it has set, and SUREVICES commits to informing its users, as long as the Organiser has configured the software correctly. The Organiser must also indicate any restrictions to the Admission Rights, such as a Buyer age limit or allowance, and SUREVICES undertakes to inform its users.

Compliance with tax regulations

The Organiser commits to acting in compliance with the tax regulations governing the events it organises. In this respect, under its own responsibility, the Organiser must indicate in the software the rate of VAT that SUREVICES will have to apply to Ticket sales and its Remuneration. Also, it is expressly agreed and accepted that the Organiser will guarantee SUREVICES against any penalties or convictions that may be issued against it due to non-compliance with tax regulations in force.

General Requirements

The Organiser is required to keep its login details and the password used to set up the event secret and under no circumstances may SUREVICES be held liable in the event of fraudulent use thereof. In particular, it must ensure that the bank details indicated are correct and that they have not been modified.

Organisers that are legal entities are required to inform SUREVICES without delay of any change to their name or corporate name, their official address, the registered office of the company or charity or their billing address, the legal nature of their business, their bank details and VAT number. Organisers that are natural persons are held to the same obligations concerning changes in circumstances. Notification of such changes must be made in writing in the Software.

The Organiser also undertakes to inform SUREVICES of any event likely to lead to the cancellation of the Event.

The Organiser commits more generally not to act in such a way as to undermine SUREVICES’s brand image, and most importantly must fulfil its obligations towards Participants during the event.

The Organiser declares to be aware that in the minds of certain Participants, SUREVICES could be assimilated with itself. Consequently, it undertakes not to undermine SUREVICES’s credibility or image, or will run the risk of damages.

ARTICLE 15: Internet Rerouting – Advertising – Distinctive Trademarks and Signs – Widget

To sell the Tickets, the Organiser may set up a hypertext link on its own website www.ORGANISATEUR.fr redirecting users to SUREVICES’s technical solutions so that internet users can make their booking online. In this case, the Online Ticketing is accessed from the home page of the www.ORGANISATEUR.fr website or from any section dedicated to Ticketing.

The Organiser can also include a SUREVICES Widget directly on its page. In this case, Participants will place the order directly on the Organiser’s website.

Redirection to Organiser’s website or to a SUREVICES mini site does not affect these contractual terms.

ARTICLE 16: Sponsorship – Referrals

SUREVICES has set up a referral scheme whereby an existing Organiser (referred to in this Article as “the Referring Party”) can recommend SUREVICES to a new Organiser (hereinafter “the Referee”) and receive a commission equivalent to 10% of the commissions earned by SUREVICES from the Referee, excluding sales tax and management fees, for a one-year period.

The commitments established in this Article are valid for a period of one year, and are not renewable by tacit agreement.

To do this, each Organiser has an “Referrals” section in its Software, in which SUREVICES provides an internet link equipped with a tracker. In order for the Referring Party to benefit from the referrals scheme, it must send the link to a potential Referee, who then clicks on the link to the SUREVICES Websites. If the potential Referee creates a SUREVICES account within a month, from the same computer or device, it will be automatically linked to the Referring Party.

SUREVICES will then register this referral and, if necessary, request additional information from the Referring Party.

Note that in the context of this Article, the Organiser could be considered by the tax authorities as carrying out a commercial activity.

The Referring Party will need to make a personal choice about the status that applies to it, both in terms of VAT and direct taxes. It will also have to indicate whether the commissions are subject to VAT or not.

In order to obtain the payment of commissions generated under the referral scheme, the Referring Party will send a formal invoice to SUREVICES, the amount of which, including all taxes, must correspond to the amount of the commissions due.

The commissions due to the Referring Party, by virtue of this Article, will be paid at the same time as the final statement of account is sent to the Referee and, in all circumstances, after the organisation of the events organised by the Referee.

In cases of an event cancellation by the Referee or if the event is not successfully held, no commission will be due to the Referring Party. This means the Referring Party is responsible for the failures of the Referee, which it accepts.

SUREVICES undertakes to provide all necessary information to the Referring Party used to calculate commissions, subject to the protection of data concerning the Referee’s business and in line with confidentiality rules.

SUREVICES reserves the right to refuse a referral, especially in the case of a request to refer an existing account.

Because this Article relates to specific persons, under no circumstances may it, or any of the rights and responsibilities herein, be assigned or transferred to any other person, in any form whatsoever, by any of the parties.

The Referring Party undertakes to always behave as a loyal partner to SUREVICES and to act in good faith, and in particular, not to set up a system of self-referral. If SUREVICES has legitimate doubts about the presentation of a Referee, SUREVICES will suspend the payment of the commission previously defined. SUREVICES may request that documentation be submitted to demonstrate that the Referee is not the same person as the Referring Party.

SUREVICES will not pay any commission if it discovers that the Referring Party is an entity that controls, or is directly or indirectly controlled by the Referee. The Referring Party and the Referee must be two independent entities with no affiliation whatsoever.

Under the same conditions, SUREVICES will not pay any commission in the event that the Referring Party and the Referee have given the same bank account details.

In the event that the Referring Party does not comply with these rules, it will automatically be liable to SUREVICES for a lump sum payment of 10,000 xaf, and the amounts paid under the referral scheme must also be returned.

ARTICLE 17: Use of the Ticketing Service at the Event venue by the Organiser

The SUREVICES solution can be used directly by the Organiser, at the event location. In this case, SUREVICES acts as a service provider, providing the Organiser with its automated Ticketing solution.

Unless the ticket earnings are taken using a SUREVICES payment terminal and cashed by SUREVICES, all the contractual provisions except Articles 1 to 7 provided for in these T&Cs are applicable to this contractual relationship subject to the terms laid out below.

Note that in the context of this type of use, the Organiser is considered to be selling the Tickets directly to Participants.

SUREVICES invoices the Organiser for a service. SUREVICES’s Remuneration is given in the Price List in the “Prices” section of the SUREVICES Websites.

ARTICLE 18: Equipment Rental

As part of the normal use of SUREVICES’s services, the Organiser may be required to rent equipment (access control, printing, etc.) from SUREVICES. In this case, a specific contract is signed between the Parties.

ARTICLE 19: Period of validity of the Contract and termination

This Contract is entered into for a fixed term and comes to an end when all the Events marketed by the Organiser via SUREVICES have taken place. As the Parties have not included a cooling-off period in the agreement, the contract will take effect on the date of its acceptance by the Organiser.

Should it deem fit, SUREVICES may automatically terminate this contract without prior warning and without a notice period in the event of a failure on the Organiser’s part to fulfil any of its obligations.

As such, SUREVICES may terminate the contract in the event of non-compliance with its tax, social security or security obligations with respect to the organisation of events or in the following cases (without this list being exhaustive):

  • violation of the rights of third parties,
  • Dissemination of illegal content,
  • violation of the provisions relating to Participant refunds,
  • And generally, in any circumstances where an action or behaviour could undermine SUREVICES reputation or image due to non-compliance with its obligations to the Participants as an Event Organiser.

The termination of this contract will be decided without prejudice to any further damages.

ARTICLE 20: Force Majeure

The Parties cannot be held liable for the non-performance or delayed performance of any of their obligations described herein as a result of a force majeure, as defined in Article 1218 of the French Civil Code. It is expressly agreed that the following occurrences can never constitute a case of force majeure, and the Organiser assumes full liability and all costs:

  • Unpaid amounts,
  • Cancellation or modification of an event, voluntary or otherwise.

Furthermore, SUREVICES uses all the technical systems that can currently be reasonably used to ensure the continuity of its service and in particular the hosting of SUREVICES Websites, and SUREVICES may not be held liable if its server, or the server(s) on which the Website is stored, is/are unavailable for reasons of force majeure such as, in particular, failure of the public power grid, strikes, storms, wars, earthquakes, failure of the public telecommunications network, loss of internet connectivity due to the public or private operators on which SUREVICES depends.

In the event of stoppage for technical maintenance, the provisions of Article 10 also apply.

The Organiser waives any compensation of any nature whatsoever in cases of force majeure and SUREVICES cannot be held liable if external service providers are used, or if it is impossible to sell the Event Tickets on the SUREVICES Sites.

This clause is considered as essential and decisive for the consent of SUREVICES.

ARTICLE 21: Reminder of the intrinsic characteristics of telecommunication networks

The Organiser considers itself to be fully informed of the risks inherent to the distribution of content across online networks, despite SUREVICES’s efforts to apply all available security standards to ensure a high level of security and reliability (https, ssl certificate, etc.).

The technical reliability of data transfer is only relative:

  • The content of the Website may be disseminated, reproduced and represented without geographical limits,
  • Data circulating on the internet is not protected against possible misappropriation or misuse,
  • Any content provided may be subject to unauthorised third party intrusions and computer offences,
  • The technical capabilities of online networks are such that at certain times of the day, internet access can be saturated (poor telephone connection, insufficient modem, insufficient bandwidth, node saturation, etc.).

As a consequence of these issues and in full knowledge of SUREVICES’s Services and Sites, the Organiser shall not hold SUREVICES liable for any of the facts or events mentioned above.

ARTICLE 22: Agreement on Evidence – Online Contract Process

The online process for entering into contracts is compliant with the provisions of Articles 1366 et seq. of the French Civil Code.

Evidence of duly certified deeds will be kept and archived by SUREVICES in accordance with the legal and regulatory provisions in force (under French civil law).

To provide evidence of deeds, facts or omissions, the Parties may make use of programs, data, files, recordings, transactions and other elements of a digital nature or format.

The Organiser undertakes not to contest the admissibility, validity, enforceability or conclusive value of the aforementioned elements of a digital nature or format, on the basis that they are electronic or digital. Unless proven otherwise, these elements shall be deemed valid and enforceable between the Parties in the same manner, under the same conditions and with the same conclusive value as any document drawn up, received or kept in writing.

It is expressly agreed that in the event of any discrepancy between SUREVICES’s computerised records and the paper or electronic documents available to the Organisers, SUREVICES’s computerised records will prevail.

ARTICLE 23: References

SUREVICES is expressly authorized to include the name of the Organiser on the list of its commercial references, unless it receives an express written objection from the Organiser.

ARTICLE 24: Data Protection

Pursuant to Act 78-17 of 6 January 1978, any personal data requested from the Organiser is necessary for the provision of services.

This data may be communicated to potential SUREVICES partners in charge of the performance, processing, management and provision of the SUREVICES service.

The processing of information communicated through SUREVICES’s Websites has been declared to the CNIL (French national commission for IT and civil liberties).

In accordance with national and European regulations in force, the Organiser is entitled to access, modify, rectify and oppose any data about it.

This right may be exercised under the conditions and according to the terms defined on SUREVICES’s Websites.

ARTICLE 25: Compliance with the GDPR

As part of its operations, SUREVICES is required to collect personal data from Participants for its own records, to ensure the proper performance of transactions (i.e. the sale of Tickets to Participants) and to keep evidence of said transactions. SUREVICES is also required to act as subcontractor of the Organiser (i.e. data controller) since it handles the processing of personal data on behalf of the Organiser in charge of organising the event and selling Tickets directly to Participants through the SUREVICES services.

The purpose of these clauses is to define the conditions under which SUREVICES will perform the data processing operations defined below, on behalf of the Organiser.

As part of their contractual relations, the Parties undertake to comply with current regulations applicable to the processing of personal data and, in particular, with Regulation.

Definition of the data that SUREVICES is authorised to process on behalf of the Organiser:

SUREVICES is authorised to process, on behalf of the Organiser, the personal data necessary to provide the following service(s):

  • The sale of Tickets by SUREVICES to Participants on behalf of the Organiser pursuant to these T&Cs,
  • The supply of equipment to control the access of Ticket-holding Participants to the Organiser’s Event,
  • The dissemination of information and updates regarding the organisation of the event.

The operations performed on the data include:

  • Collection and identical reproduction for the benefit of the Organiser,
  • Conservation until expiration on SUREVICES system,
  • Aggregation for event access and sales statistics.

The purposes of the processing are:

  • To identify the Participant,
  • To check that the Participant is authorised to attend the event,
  • To verify the specific conditions of the different price categories of the event,
  • To ensure interoperability with third-party access control solutions,
  • To send out practical information about the event,
  • To retain evidence of the transaction between SUREVICES, the Participant and the Organiser,
  • In the event that the Organiser wishes to collect other data for other purposes, it will need to enter (i) the nature of the data and (ii) the purpose of its collection when creating the event in the Software. It is specified that, in this context, the Participant may object to the collection of such data.

The personal data processed is:

  • By default, last name, first name, email address and phone number,
  • Depending on the needs of the event: company name, date of birth, postal address, a photo identifying the person,
  • For reasons of traceability, the IP address of the purchase is also kept,
  • The payment reference with our bank payment provider,
  • Note that the Organiser itself configures the event before the Tickets are sold, so the personal data processed usually consists of all the information whose input is requested by the Organiser when setting up the event.

The categories of people concerned are:

  • Any natural person who has acquired Tickets to attend the event venue.

For the performance of the service covered in these T&Cs, the Organiser provides SUREVICES with the following necessary information:

  • Name or corporate name of the Organiser,
  • Email address,
  • Legal status,
  • Intra-Community VAT number, where applicable
  • The name and surname of its legal representative,
  • Postal address,
  • Bank details when ticket earnings are collected by SUREVICES.

SUREVICES reserves the right to request any other information relating to the Organiser, in particular if there is any doubt about the actual holding of the Event or the proper conduct and good faith of the Organiser.

Obligation of SUREVICES vis-à-vis the Organiser:

SUREVICES undertake to :

  • Process data only for the purposes for which it is being subcontracted,
  • Process data according to the instructions received in the configuration of the event. If SUREVICES considers that a given instruction is a violation of the Data Protection Regulation or any other provision of law or data protection law of another Member State, it shall immediately inform the Organiser. Similarly, if SUREVICES is required to transfer data to another country or to an international organisation, under CAMEROON law or the law of the Member State with which it must comply, SUREVICES must inform the Organiser of this legal obligation prior to processing the data, unless the law concerned prohibits such information for reasons of public interest.
  • Guarantee the confidentiality of personal data processed under this contract,
  • Ensure that the persons authorised to process personal data under this contract undertake to uphold confidentiality or are subject to an appropriate legal obligation of confidentiality, and that they receive the necessary data protection training,
  • Take into account, with regard to its tools, products, apps and services, the principles of data protection.

Subcontracting:

SUREVICES uses subcontractors as part of its operations, which the Organiser expressly agrees to, across the board. The subcontractors in question must, under the responsibility of SUREVICES, comply with the data protection obligations arising from this contract. SUREVICES shall therefore ensure that its subcontractors provide sufficient guarantees regarding the implementation of appropriate technical and organisational measures to ensure that its processing meets the requirements of the Data Protection Regulation.

Right to information of the persons concerned:

SUREVICES shall send all data subjects, using appropriate means, relevant information about the data processing it carries out.

If Tickets are sold directly on the Organiser’s website via the SUREVICES app, the Organiser will provide this information to the data subjects at the time of the data collection. To this end, where necessary, the Organiser shall undertake to present its terms and conditions of sale and the terms of use of its website in accordance with Cameroon regulations and these T&Cs. SUREVICES may not be held liable in this regard.

Enforcing the rights of data subjects:

Wherever possible, SUREVICES will help the Organiser fulfil its obligation to respond to requests to exercise the rights of data subjects: the right to access, rectify, delete and oppose data, the right to restriction of processing and the right to data portability, the right not to be subject to automated decision-making (including profiling).

If necessary, the Organiser will authorise SUREVICES to respond to requests from data subjects within the legal deadlines so they can exercise their rights with regard to the data covered by the subcontracting provided for in this contract.

Notification of data protection violations

SUREVICES will notify the Organiser of any data protection violation within 72 hours of being made aware of the breach, by email.

This notification shall be accompanied by all relevant documentation to enable the Organiser, if necessary, to report this violation to the relevant supervisory authority.

Support from SUREVICES to help the Organiser fulfil its obligations:

SUREVICES shall provide the Organiser with any necessary assistance for compliance with its legal obligations.

Security measures:

SUREVICES undertakes to implement the following security measures:

  • Verification of the identity and rights of individuals accessing personal data,
  • Physical and logical protection against access to data other than through the SUREVICES app,
  • Logical protection of the SUREVICES app against unauthorised access to data,
  • Guarantee of persistence and restoration in the event of system failure.

The Organiser undertakes to implement the following security measures in its internal organisation:

  • Pseudonymisation and encryption of personal data,
  • Implementation of means to ensure the confidentiality, integrity, availability and ongoing resilience of processing systems and services,
  • Measures to restore the availability of and access to personal data in the event of physical or technical incidents,
  • A procedure to test, analyses and regularly evaluate the effectiveness of technical and organisational measures to ensure the security of data processing.

At the first request of SUREVICES, the Organiser must be able to justify the procedures implemented to guarantee the security of the personal data collected and processed by SUREVICES on behalf of the Organiser. SUREVICES further reserves the right to suspend the performance of all or part of the clauses of this agreement in the event of legitimate doubt about the Organiser’s ability to comply with its legal and regulatory obligations in terms of data protection and in the event of misuse of its services.  SUREVICES shall not assume any liability for violations by the Organiser of its own obligations, as SUREVICES may only be held liable for the security measures implemented by its own departments.

What happens to data after processing:

Upon completion of the services relating to the processing of this data, SUREVICES undertakes to destroy all personal data.

With the agreement of SUREVICES, the Organiser may request that the data be sent to it or passed on to another subcontractor designated by the Organiser.

Once sent, all existing copies of this data in the SUREVICES information systems must be destroyed. SUREVICES will offer proof of this in writing, at the request of the Organiser.

Data Protection Officer:

At the request of the Organiser, SUREVICES will communicate the contact details of its data protection officer.

Record of Processing Activities:

SUREVICES agrees to keep a written record of all categories of processing activities performed on behalf of the Organisers, including:

  • The name and contact details of the Organisers on whose behalf it is acting, its potential subcontractors and, where applicable, the data protection officer,
  • All categories of processing performed on behalf of the Organisers,
  • Where applicable, data transfers to another country or to an international organisation, including the identification of said country or organisation, and, in the case of transfers referred to in the second subparagraph of Article 49 (1) of the GDPR, documents proving the existence of appropriate guarantees,
  • To the extent possible, a general description of the technical and organisational security measures in place, including, but not limited to, as appropriate: (i) the pseudonymisation and encryption of personal data, (ii) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, (iii) the ability to restore the availability of and access to personal data in a timely manner in the event of a physical or technical incident, (iiii) a process for regularly testing, analysing and evaluating the effectiveness of technical and organisational measures to ensure the security of processing.

Obligations of the Organiser:

The Organiser undertakes to:

  • Provide SUREVICES with the personal data to be collected as part of the transactions, when configuring its event(s). In this regard, the Organiser commits to only allowing the collection for its own needs of the data strictly necessary to proceed with the transactions and the organisation of its events,
  • Document in writing any instructions regarding data processing,
  • Comply with the obligation’s incumbent upon it in relation to the European Data Protection Regulation and guarantee SUREVICES in this regard,
  • Supervise processing and take responsibility for it.

ARTICLE 26: General provisions

Enforcing specific performance

The Parties agree that in the event of a failure by either Party to fulfil its obligations, the non-defaulting Party may not seek to enforce this performance. Furthermore, by express derogation from the Civil Code, in the event of a failure by either Party to fulfil its obligations, the non-defaulting Party may perform the obligation through a third party, at the expense of the defaulting Party.

Assignment

Because this contract relates to specific persons, the Organiser is prohibited from assigning or transferring, in any manner whatsoever, the rights and responsibilities resulting therefrom, without the express prior written consent of SUREVICES.

In accordance with the provisions of the Civil Code, any transfer of the present contract must be recorded in writing, failing which it will be considered void.

The Organiser undertakes to inform SUREVICES in advance of any information concerning the prospective successor as well as the latter’s fulfilment of all the rights and responsibilities herein.

SUREVICES has a maximum period of 15 days from receipt of the notification sent by registered letter with acknowledgement of receipt to make its position known as to whether or not this contract may be transferred to the prospective successor, under the conditions and according to the formats specified above.

Failing a response within this period, in accordance with the aforementioned conditions, SUREVICES approval will be deemed refused.

SUREVICES is authorised to assign this contract, without prior authorisation, with signature of these terms considered prior consent. In this case, SUREVICES will not be jointly liable with the assignee. Such an assignment must be recorded in writing, in accordance with the provisions of the Civil Code.

Entire agreement

The Contract expresses all the rights and responsibilities of the parties. This Contract cancels and replaces any verbal or written agreements that may have been previously concluded between the Parties.

The potential cancellation of one or more clauses of this agreement shall not affect its other stipulations, which will continue to have full effect, provided that the general structure of the agreement can be safeguarded.

In the event that the performance of one or more of the clauses of this contract are rendered impossible by its cancellation, the Parties will try to come together to establish a new clause whose purpose and content will be as close as possible to the previous clause, with the other stipulations of the Agreement remaining in force.

Failing this, or if the general scheme of the agreement was found to be fundamentally disrupted, the Parties may, by common agreement in writing, declare the cancellation of this agreement in its entirety.

Compensation

SUREVICES may freely offset any sums due to the Organiser in connection with the sale of Tickets with the amounts due to SUREVICES, for any reason whatsoever, including in cases where the Organiser has set up several events. Such contractual compensation will also occur in the event that SUREVICES withholds amounts to make refunds, since SUREVICES is expressly authorised to withhold amounts from the Organiser, including for events that are not being cancelled or at risk of cancellation.

Litigation

Any issues relating to the interpretation, performance or termination of the Contract, which cannot be amicably resolved, will fall within the exclusive jurisdiction of the competent courts of Cameroon, to which the Parties have granted jurisdiction, irrespective of the location of performance of the Contract concerned or the residence of the defendant, even in the case of a third party claim or a summary procedure.

Applicable law

This contract is subject to Cameroon law which will govern its formation, application and interpretation.

ARTICLE 27: Final provisions

In the event of any changes to these terms and conditions, the Organiser will be informed by email.

Changes will take effect only after a period of ten (10) full days after this notification, except when otherwise imposed by the laws and regulations in force.

The changes will also take effect for events already registered online, which the Organiser expressly accepts.

It is formally agreed between the Parties that any tolerance or waiver by either of the Parties in the application of all or part of the commitments provided for in the Contract, whatever their frequency or duration, does not constitute a change to the Contract, nor it is likely to generate any rights. The nullity, obsolescence, or absence of binding force or the unenforceability of any stipulation of the Contract does not entail the nullity, obsolescence or absence of binding force or the unenforceability of the other stipulations, which will retain all their effects. However, the Parties may, by mutual agreement, agree to replace the stipulation(s) deemed to be invalid. The invalidity of one of the clauses of these conditions does not lead to the annulment of the contract. In this case, additional legal rules will apply.