Is an independent company providing ticketing services for Clients (as defined below) to sell tickets for specific events to be held/hosted at Venues (as defined below) and acts as an agent between the Client and Ticket buyers; and
Is not affiliated with any Client or Venue and is solely acting as a private label agent between Clients and ticket purchaser for specific events. tixsa assumes no liability incidental to the event for which tickets are sold or purchased.
Client is any person or entity which produces and/or administers and/or hosts and/or presents and/or sells tickets for, a specific event at a Venue and who makes use of tixsa’s ticketing system platform and technological structures to sell tickets for such event and includes a Client’s authorised representatives.
Venue is a venue or location where a specific event is held or presented by a Client
TERMS WHEN DOING BUSINESS WITH tixsa
When doing business with tixsa, the Client agrees to the following terms and policies:
Clients using tixsa ticket selling services agree and understand these terms are a legal, binding and enforceable agreement. Client agrees he is an authorized agent to sell tickets for events or services. Fraudulent representation by a Client, or of event(s), is a criminal offense, which voids this agreement and allows tixsa to fully refund tickets to ticket purchasers. tixsa will assist law enforcement in prosecuting any fraudulent use of tixsa ticket sales services, and will legally seek any and all compensation for damages due to fraudulent representation.
2. Scope of Agreement and Amendments
tixsa reserves the right to amend this specific agreement for ticket sales to event(s), and will notify Clients 30 days prior to any change or modification.
4. Event Promotion and Advertising
This Agreement does not obligate tixsa to promote or advertise the event for which tickets are sold. The Client acknowledges and understands that it is its sole responsibility to promote and/or advertise the event for which tickets are sold.
5. Ticket Pricing
Ticket pricing is solely determined by the Client and the Client is exclusively responsible for all taxes.
6. Ticket Purchaser Fees
For most events, tixsa will charge ticket purchasers a fee calculated at an agreed percentage of the face value of each ticket sold. These fees are charged to ticket purchasers in addition to the ticket face value, including but not limited to tickets sold via the tixsa website or by telephone.
7. Ticket Availability and Over Sale Charges
The Client is solely responsible for setting the number of tickets available for purchase for each event. The Client agrees that the number of tickets for sale is within the legal fire regulations and venue capacity limitations as set forth by law. In the event of over-sales of tickets, the Client agrees that the full ticket price, plus all tixsa services fees will be refunded to ticket purchasers holding unused tickets. The Client further agrees that it is responsible for the full ticket price and refunded service fees for refunded tickets due to over-sale, and that said totals will be deducted from total face value ticket sale amounts to be paid to the Client. tixsa reserves the right to withhold payment to Clients for no more than 90 days for events where tickets were over-sold in order to provide refunds as necessary.
8. Event Cancellation
The Client agrees to notify tixsa immediately after the decision to cancel or move an event is made. tixsa reserves the right to issue full refunds to ticket purchasers, including service fees, for the cancelled event. Client agrees that if an event is cancelled and full refunds are issued to ticket buyers, the Client will pay tixsa for any and all service fees originally charged to the ticket buyer, and additional costs (i.e. credit card charge back fees) related to refunding tickets. Client may offer replacement tickets for similar event(s) in place of a refund for the cancelled event. However, ticket purchasers are not obligated to accept replacement tickets in the place of a full refund. Should the Client opt to offer replacement tickets for a similar event(s), the Client agrees to pay tixsa an additional R 7,50 (Seven Rand and fifty cents) per replacement ticket out of the original ticket face value, to cover tixsa costs for replacement tickets and expenses.
9. Rescheduled Events
The Client agrees to notify tixsa immediately after the decision to reschedule an event is made. The Client agrees that refunds will be given to ticket purchasers for rescheduled events at the ticket purchaser's request. Should a ticket purchaser request a refund due to a rescheduled event, the Client agrees to pay tixsa for any and all service fees originally charged to the ticket buyer, and costs, including but not limited to any and all credit card charge back fees related to refunding tickets due to rescheduled events.
10. Change of Event Venue
Should the listed event venue change for any reason, the Client agrees that refunds will be given to ticket purchasers at the ticket purchaser's request. Should a ticket purchaser request a refund due to an event venue change, the Client agrees to pay tixsa for any and all service fees originally charged to the ticket buyer, and costs, including but not limited to, any and all credit card charge back fees related to refunding tickets due to a change in the event venue.
11. Ticket Refund Policy
The Client agrees that at the event ticket purchaser's request, and at tixsa's sole discretion, tixsa may refund the face value of event tickets purchased through tixsa until ticket sales for that event ends. Event ticket sales are final after sales have ended and the final sales list has been sent to the Client.
12. Account Settlement
tixsa will send payment for tickets sold by tixsa to the Client within 10 business days after the event end date. All payments will be for the face value of tickets sold only, minus any service fees or costs to the Client for ticket over sales (see Ticket Availability and Over Sale Charges terms above), cancelled events, rescheduled events, or replacement ticket fees (see Event Cancellation and Rescheduled Event terms above). Should the Client be delinquent in payment of any loans, costs, and/or fees to tixsa for any other scheduled event or contractual agreement between tixsa and the Client, the Client agrees that tixsa may offset any such outstanding balances with funds from this event prior to paying the Client.
13. Box Office
Clients use tixsa Box Office services to sell tickets and the Client takes full responsibility for the use of its box office ticket sales. tixsa is in no way responsible for tickets sold through the Client’s box office, including but not limited to, any will call lists created for tickets sold by the Client’s box office account, due to fraud, negligence, errors committed by a Client or its representatives, and/or any other reason when using the box office account.
14. Will Call/Guest List Tickets
The Client may offer will call tickets for events. It is the Client’s responsibility to verify the identity of the ticket purchases by either photo identification or the last four digits of the credit card used to purchase the tickets. At times, ticket purchasers may believe they purchased will call tickets for an event, but the order was not processed or there was an error. tixsa will provide the Client with a Discrepancy Form to give to such ticket purchasers who arrive at the scheduled event and their names are not on the will call list. The information on the Discrepancy Form will allow tixsa to research and follow-up on whether said ticket purchasers already paid for event tickets. If the tickets were already paid for, the information on the discrepancy form will be destroyed. If the tickets were not already paid for, tixsa will use the information to charge the ticket purchaser for attendance at the event. It is the Client’s responsibility to ensure the Discrepancy Form is filled out accurately. Any inaccuracies may result in non-payment to the Client of said will call ticket purchaser's ticket.
15. Personal information of ticket purchasers
When a ticket purchaser buys a ticket for a Client’s event trough the tixsa ticket buying system, certain person information is made available by the ticket purchaser to tixsa and such information will be available to the Client for limited use. The Client undertakes not to abuse (for example, sell to a third party or use for any purpose not related to future tickets sales or improving its business or introducing ticket purchasers to other related products or services of the Client) the personal information made available to it and indemnifies tixsa against any claim or action which a ticket purchaser may institute against tixsa should the Client not adhere to these terms.
16.1 At its own expense, the Client agrees, acknowledges, and understands it will indemnify and hold harmless tixsa, its officers, agents, employees and assigns, from and against all claims, demands, losses, costs, penalties, damages, judgments and suits at law or in equity, of whatsoever nature (hereafter "actions"), brought against tixsa arising from, in connection with, or incident to the performance of, or failure to perform the provisions of this Agreement by the Client, its officers, agents, employees or assigns. The Client further agrees to defend tixsa in any litigation, including payment of any costs or attorney's fees, for any claims or action commenced thereon arising out of or in connection with such acts or activities authorized by this Agreement.
16.2 The above indemnity obligation shall not include such claims, costs damages or expenses that may be caused by the sole responsibility of tixsa. Additionally, if the claims or damages are caused by or the result from the concurrent negligence of
(a) the Client, its officers, agents, employees or assigns and
(b) tixsa, its officers, agents, employees or assigns, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Client and that of its officers, agents, employees or assigns.
If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect.
tixsa and the Client shall make a good faith effort to resolve any dispute arising under this Agreement. Regarding any such dispute which is not resolved after a good faith effort at resolution, the parties may not bring any legal or administrative claim against the other party unless the claim is first presented for binding mediation before a single mediator, being an attorney admitted and practicing as such for not less than 15 years and appointed by the Law Society of the Northern Provinces, under mutually agreed rules, or in the absence of such agreement, the applicable Mediation Rules of the South African Arbitration Association. Mediation is an express condition precedent to the institution of a lawsuit on any dispute arising under this Agreement.
18.2 Governing Law and Venue
The parties agree that any dispute will be governed by the laws and codes of Republic of South Africa. The parties further agree that in the event any legal action is instituted, by either party, jurisdiction and venue will be in Gauteng Province.
18.3 The parties agree that legal costs on an attorney and own client scale will be applicable in the event of a party instituting legal action against the other, relating to this agreement.
19. Entire Agreement
This Agreement, together with all attachments hereto, constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing.
20. Effective Date
These terms, conditions and policies are effective as of 1 May 2010