1. SERVICES PROVIDED UNDER THIS CONTRACT
Tyg will provide an online ticket purchase system, the Tygit® system, to enable the public to purchase, online, tickets offered for sale on the Client’s own website and supply HTML code of each ticket created for use on the Client’s own website, for entry to the Client’s sites. Tyg Ltd is not responsible for the insertion of the HTML code into the Client’s website and this must be completed by the Client/Client’s web designer.
The Client owns and maintains all their company information and prices on the Tygit® system and sets all their prices to be used.
Tyg has no obligation to achieve a minimum number of ticket sales.
Tyg will provide initial set-up and initial training service in relation to Tyg's online system which shall include training of identified Client’s nominated individuals in the use of the system. Tyg will provide the Client’s nominated individuals with passwords allowing access to Tyg’s online system.
The Client will be solely responsible for the administration of the gate entry for online tickets. Any additional support required from Tyg Ltd will be the agreed as required and will form an addendum to this agreement.
2. COSTS AND PAYMENTS
The initial setup fee is to cover set-up costs, the creation of your branded basket page and staff training. The ability to use clients own payment gateway is available, where no existing payment processing is available provision of our Sagepay secure payment gateway will be used. These payment processing options will determine the final commission charges. In addition travel and accommodation expenses will be charged on an actual basis; this is only charged if you have a requirement to use our event support service in the future. As an example, if you do decide to use it in the future, is if Tyg support attends an event, accommodation would be charged at event local rates plus mileage at 50p/mile.
Tyg shall pay the Client daily via BACS into the Client’s nominated bank account, the value of all online tickets purchased and paid for through the Tygit system less all Tyg charges, which include all credit card charges plus VAT at standard rate.
Tyg will send, via email, to the Client’s nominated Finance contact(s), the agreed financial information.
Tyg operates through the Yorkshire Bank a fully segregated client fund account which is held separate to the working funds of Tyg Ltd. All client monies are paid directly into this account from our Merchant provider.
3. CONTRACT DURATION AND TERMINATION
This Agreement shall come into effect on the Commencement Date and shall continue in force until termination by either party inline as set out below.
Either party may terminate this Agreement immediately at any time by giving written notice 30 days prior to the date of termination. A notice required to be given under this agreement shall not be valid if sent by e-mail. Tyg Ltd may not terminate this Agreement without reasonable cause or there has been a major breach of this Agreement. However, if the tickets for a specific event have gone on sale in the Tygit system the Client cannot terminate this agreement until after the specific event has taken place.
4. GENERAL CONTRACT TERMS AND CONDITIONS
The Client acknowledges that Tyg's rights to the Intellectual Property and Tyg's business and the goodwill connected with that are Tyg's property. The Client agrees that it is only permitted to use the Intellectual Property for the purposes of and during the term of this Agreement, and shall not use any trademarks, trade names or get-up which resemble Tyg's trademarks, trade names or get-up and which would therefore be likely to confuse or mislead the public or any section of the public.
The Client agrees that Tyg will not be liable for breach of any of its obligations hereunder if it has not first been notified of the particular breach by the Client and afforded a reasonable opportunity to rectify it; or for any indirect, contingent or consequential loss (of business or profit) damage or injury to the Client however arising and it is agreed that except as aforesaid all conditions and warranties whether statutory or implied or otherwise are hereby excluded; or for the death or personal injury of any person visiting the Client’s events (save where such death or personal injury is caused by Tyg’s own negligence) or for any deficiency in the quality of the Client’s event and the Client shall indemnify Tyg against all liabilities actions proceedings costs claims judgments losses penalties expenses and demands whatsoever arising there from. The Client agrees that Tyg will not be held liable for any and all liability, damages, costs, and expenses, including, but not limited to, legal fees, for or by reason of any actual or alleged infringement of any third party's patent or copyright, arising from or related to the operation and utilisation of the Tygit system by the Client.
Data obtained by Tyg from the sale of tickets specifically for the Client’s event belongs to the Client. Tyg will use this data to process the sale but undertakes to ensure no data from the system is used either by Tyg or a third party for any activities outside those set out in this Agreement.
Tyg is not liable for any liabilities arising from any refusal by the Client to accept any valid tickets purchased from Tyg’s website.
Tyg Ltd has no liability for any third party links to external websites included on their websites and has no control over the reliability or the content of these websites. Inclusion of an external link is not an endorsement. Whilst Tyg endeavour to ensure that the Site will be available 24 hours a day. Tyg Ltd will not be liable if for any reason the Site is unavailable at any time. This agreement and any dispute or claim arising out of or in accordance with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). Any general ticket refunds will be processed, by Tyg, in line with the Client’s cancellation and refunds policy. The Client needs to advise Tyg what their normal refund policy is e.g. full ticket price refunded to the customer or they want to approve all refunds. The Tyg customer support team would agree this with you as part of their introduction to you of how they work/support you. We process all general customer refunds through the system, and our secure payment gateway directly back onto their card. As it is refunded back onto their card Tyg incurs a charge from the credit card provider for this refund. All cancellations are shown on your ticket analysis report which forms part of the weekly finance pack sent to you automatically each week. There are no additional charges payable by you for these refunds. However, if you run a major event or have a major cancellation, we have a separate refund process which we use - the reason for a separate process is to reflect the high volume of tickets which may need to be refunded.
Online system: The recommended system requirements to ensure smooth running and efficient and secure use and redemptions of the tickets/passes/memberships sold via Tygit is a PC, laptop with 1 GB RAM, Windows XP (or later) operating system with a broadband wired connection via a network connection running at 100MBPS or internet connection running at a minimum 1 MBPS rate or similar with a 2D barcode scanner programmed to scan QR Code format, 2D barcodes and accept Code 128 (some scanners will do this automatically, if not the code can be found in the scanner manual) . It is not recommended to use a dial-up internet connection and slower machines as the functionality of the system will be affected.
Offline system: The minimum system requirements are PC or laptop with 1GB RAM, Windows 7(or later) capable of wired connection to the internet with Microsoft’s NET 4.0 installed with a 2D barcode scanner capable of scanning QR Code format, 2D barcodes
to accept Code 128 (some scanners will do this automatically, if not the code can be found in the scanner manual)
Tyg are not responsible for any issues which arise from the incorrect or partial use of the Tygit system or the Client’s decision not to scan tickets/passes/memberships presented by a customer, to obtain validation from either the online or offline system.