Terms & Conditions

option-B

Terms & Conditions of Service

 

Definitions
‘The Supplier’ means Your Box Office contactable at Digital Stage and Media Ltd, York Eco Business Centre, Amy Johnson Way, YORK YO30 4AG.
‘The Client’ means the person, company, charity, club, society, school or theatre who has entered into an Agreement for the Supplier to provide the Services  
‘The Website’ means the Supplier’s web site (currently at ‘www.yourboxoffice.co.uk’)
‘The Tickets’ means the tickets issued by the Client for entry into a Performance.
‘The Performance’ means the performance or run of performances of a theatrical production by the Client and for which the Client has appointed the Supplier to be its Supplier for the purpose of selling the Tickets.
‘The Services’ means the provision of the facility to enable sale of Tickets from the Supplier’s Website and the provision of other support services as agreed between the Client and the Supplier from time to time.
‘Data’ means the information received from purchasers of the Tickets and may include personal information
‘Lock Down’ means the point in time prior to the Performance at which the sale of Tickets from the Website is to cease. 


1 Duration 
1.1 The supplier is appointed to perform the services for the duration of a specific performance run subject to advance payment of the appropriate charges for that performance being received in full by the supplier.
1.2 Charges paid in advance by The Client for Your Box Office services are valid for the period of one year from the date when the payment is received. Any performance published on the site within that year will remain live until that performance has taken place provided the final performance takes place WITHIN SIX MONTHS of the Clients year end date. Any performance taking place AFTER 6 months beyond the Clients year end date risks deletion unless a new year’s subscription has been placed.
1.3 The Client can promote multiple performances throughout the year up to their pre-selected limit. This limit is set at the point of payment by the Client. Promotion of performances after the pre-selected limit is reached will require a further payment to be made.

2 Credit/debit Card Handling
2.1 The Supplier will use best endeavours to provide facilities to allow the Client to offer credit/debit card sales on the Website, subject to payment of the appropriate charge (as listed on the Website and  being subject to occasional review by the Supplier) being received in full by the Supplier.



3 Duties of the Client 
3.1 The Client must act in good faith towards the Supplier. 
3.2 The Client must provide the Supplier with the information relating to the Performance necessary for the provision of his duties under this agreement. 
3.3 The Client must inform the Supplier immediately in the event of a cancellation or delay of a Performance. 
3.4  It is the responsibility of the Client to ensure that all details relating to the Performance, the price of the Tickets and its own contact details which are inputted on to the Website or otherwise provided to the Supplier are correct and up to date. The Supplier cannot accept any responsibility for any losses arising out of the inputting of incorrect or inaccurate data. 
3.5 Save for Tickets sold after the Lock Down of the Website the Client will register all Ticket sales through the Website. It should be noted that the general public can access the Website and purchase Tickets at any time  and therefore any Ticket sales made directly by the Client should only be made by first checking the availability of Tickets on the Website. 
3.6 The Client hereby accepts all orders for the sale of Tickets processed by the Supplier (up to the maximum number specified by the Client) and (unless the ‘e-ticket‘ option has been chosen) will supply to the customers the physical tickets for entry into the Performance.
3.7 The Client shall ensure that the Performance and the information inputted onto the Website by the Client does not contain any matter which is illegal or prohibited. The following is a partial list of the kind of content which is prohibited on the Website. Content which:

  • is patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or which could be harmful to minors;
  • harasses or advocates harassment of another person;
  • promotes information that is known to be false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work;
  • displays pornographic or sexually explicit material of any kind.

3.8   The Supplier will issue by email a confirmation to the purchaser of the Tickets of each transaction. However, the Client is advised that an invoice should ideally be issued to each customer in respect of each transaction which the Supplier conducts on its behalf.

4 Rights and duties of the Supplier 
4.1 During the term of this agreement the Supplier must diligently and faithfully use best endeavours to perform the services in a professional manner. 
4.2 In all transactions with prospective customers the Supplier must disclose that the Client is the principal in the transaction. 
4.3 Upon receipt by the Supplier of any Credit/debit Card order for the Tickets the Supplier must immediately process the order by transmitting the order information to the card issuers using the merchant account details provided by the Client, and adding a booking charge at a level authorised by the Client. This booking charge is payable by the purchaser of the Tickets on their Credit/debit Card and is therefore received in full by the Client and not the Supplier. It is the responsibility of the Client to pay transaction charges per ticket to the issuing bank. The Supplier accepts no liability for the scale of these charges and notes that the Client should ensure that the booking fee per ticket is sufficient to cover the transaction charges. The Supplier’s Website will record the sale of the Tickets and the Client can access the Website at any time and view the status of the Ticket sales. 
4.4 (a) If the ‘postal ticket’ option is chosen the Supplier will not supply physical Tickets but will provide the customers with an automated email verification of the transaction. The Supplier will also supply the Client with an email record of all sales which will allow the Client to send out the physical Tickets. In no circumstances will the Supplier have any liability in respect of any lost or stolen Tickets or any failure of electronic communications.
     (b) If the ‘e ticket’ option is chosen then the Supplier will send an electronic ticket by way of email directly to the customer to the email address supplied by the customer and will also provide to the Client by way of download report a list of all Tickets sold. The Supplier shall have no liability in respect of the failure of any electronic communications.   
4.5 The Supplier must not make any representations or give any warranty or guarantee in respect of the Tickets or the Performance without the authority in writing of the Client. 
4.6 The Client must furnish the Supplier with a statement of the prices at which the Tickets are to be sold, and the Supplier must not seek orders at different prices.
4.7 The Supplier must bear all costs and expenses incurred by him in performing his obligations under this agreement except in respect of expenses incurred at the specific request of the Client and authorised by the Client in advance in writing. 
4.8 The Supplier will make available reports detailing the tickets sold, the prices and any other information deemed useful and made available from time to time, within 7 days of the end of the Performance. The Supplier accepts only responsibility for the accuracy of the reports insofar as it relates to ticket sales recorded through the Website, and will not be held liable for any inaccuracies in the data inputted by the Client or purchasers of the Tickets. 

5 Indemnity and Exclusion
5.1 The Client agrees to indemnify and hold harmless the Supplier from and against any and all liabilities, (including consequential losses) expenses (including legal fees) and damages arising out of claims based upon the cancellation or postponement or mis-advertising of a Performance or relating to a breach by the Client of its obligations in this Agreement including any claim for libel, defamation, violation of rights of privacy or publicity, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.
5.2  In particular the Supplier shall have no liability (to the extent permitted by law) for any misrepresentation, act, omission or negligence of the Client or any purchaser of the Tickets or for any indirect or consequential damages, including lost profits. 

6 Termination 
6.1 The Supplier may terminate this agreement summarily by notice in writing to the Client if the Client goes into liquidation, administration, is wound up or otherwise ceases to exist. 
6.2 This agreement shall terminate without notice in the event of the Supplier going into liquidation, administration, is wound up or otherwise ceases to exist. 
6.3 In case of termination of this agreement the Client must indemnify the Supplier in accordance with the statutory provisions applicable to commercial Suppliers in the United Kingdom. 

7 Data 
7.1 The Client accepts that the Data derives from that provided by the purchasers of the Tickets and that accordingly, the Supplier cannot be held liable for the accuracy of the Data. 
7.2 Ownership of the Data remains at all times with the Client; The Client may be able to use the Data for marketing purposes where such permission has been expressly granted by the providers of the Data, in marketing campaigns as may be agreed from time to time between the Client and the Supplier, and subject to any agreed charges being paid for collation and delivery of the data in a suitable format.
7.3 The Supplier may contract a third party to hold the Data securely on its system and maintain a full back-up regime. The Supplier shall have no liability for any loss or damage, however caused, arising from any loss of Data.
7.4 All Data is collected and held in accordance with the Data Protection Act 1998 or other covering legislation as may come into force, and in accordance with the Supplier’s Privacy Policy.

8 Intellectual property rights 
8.1 The Client warrants that it owns the copyright or has the reproduction rights of all artwork, trade names, photographs, databases and other materials supplied to the Supplier for inclusion on the Website.  The Client shall indemnify and hold harmless the Supplier against any costs, claims, expenses and damages arising out of or in connection with any dispute as to the ownership of copyright or reproduction rights to this material.
 
9 Confidentiality 
During the period of this agreement and after its termination, the Supplier must not disclose any confidential information (whether technical or otherwise) made available to him by the Client, unless such information has reached the public domain. 

10 Miscellaneous 
10.1 The Supplier arranges hosting of the Website using third parties and the Client accepts that the third party hoster has sole liability to provide hosting services. The Supplier makes no warranty or guarantee as to the availability or non-interruption of these hosting services and the Supplier cannot accept liability for losses caused by the unavailability, malfunction or interruption of the hosting services.  
10.2 No variation of this agreement shall be of any effect unless made in writing and signed by the Client and by the Supplier. 
10.3 This agreement is personal to the Client and the Supplier and may not be sub-contracted or assigned by either party. 
10.4 This agreement shall be governed by English Law and the parties submit to the non-exclusive jurisdiction of the English courts. 
10.5 This agreement supersedes all previous agreements between the Client and the Supplier. 
10.6 In this agreement, unless the context clearly indicates another intention: 
10.6.1
   reference to one gender includes all other genders, 
10.6.2
   reference to the singular includes the plural and vice versa, 
10.6.3
   obligations undertaken by more than a single person, club, society or company are joint and several obligations, 
10.6.4
   reference to a document is a reference to that document as from time to time supplemented or varied, and 
10.6.5
   any reference to a person includes natural persons and partnerships, firms and other such incorporated bodies, corporate bodies and all other legal persons of whatever kind and however constituted.