General Terms and Conditions
In these terms and conditions, the following definitions shall apply:
- Ik Ben Aanwezig: the sole proprietorship Ik Ben Aanwezig with trade name and principal place of business at Hessenberg 2, 6511 BT Nijmegen, the Netherlands registered in the Dutch trade register under number 59479515 and VAT no NL. 16.42.46.010.
- Client: the other party who is acting in the exercise of a profession or business as a user of the services provided by or on behalf of Ik Ben Aanwezig;
- The Agreement: the consensus between the Client and Ik Ben Aanwezig with a relevant contract regarding the use of the Ticket Shop, either in writing or by email by competent persons from both parties;
- Terms and conditions: the terms and conditions applicable to the contract of Ik Ben Aanwezig, in respect to which the Client declares to have received, read and accepted these terms and conditions;
- Ticket(s): the entrance ticket(s) to an event organised by, or on behalf of the Client sold by the Client to the User through the Ticket Shop;
- User: the natural and/or legal person who purchases a Ticket using the Ticket Shop for an event, organized by or on behalf of the Client;
- Mollie: the Payment Service Provider (PSP), located on the Keizersgracht in Amsterdam, 313, provides Ik Ben Aanwezig with payment options.
2. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
- These terms and conditions shall apply to each and every offer and every agreement made between Ik Ben Aanwezig and the Client to which Ik Ben Aanwezig has declared these general conditions apply to, insofar concerned parties have not explicitly abstained from the general terms and conditions in writing;
- These general terms and conditions shall furthermore also apply to agreements between Ik Ben Aanwezig and third parties where such third parties are of necessary involvement in due process.
- Ik Ben Aanwezig offers the Client the possibility to make use of the Ticket Shop for the sale of Tickets, in the broadest sense of the word, to Users of the events organized by or on behalf of the Client.
- Ik Ben Aanwezig grants the Client access to the usage of the Ticket Shop, if and to the extent necessary, for carrying out the obligations contained in the agreement.
- The Ticket Shop is, partially in view of the maximization of tickets sold, managed by and accounted for by Ik Ben Aanwezig, where it shall maintain and, where necessary, restore in accordance to excellent craftsmanship.
- Ik Ben Aanwezig shall in any case notify the Client of new versions of the Ticket Shop available, and present and modify these under the same terms and condition wherever appropriate.
- Sales and purchases of the Ticket proceeds via the Ticket Shop, where the User acts as the Buyer of a Ticket and where the Client acts as the Seller of the Ticket. Ik Ben Aanwezig is explicitly not a party present in this transaction. There is therefore no agreement between the User and Ik Ben Aanwezig.
4. PAYMENTS TICKETS
- Notwithstanding Article 4.5 all payments related to the sales of Tickets through the Ticket Shop shall be made by the User on the basis of a given by entering into the Agreement. The Client thereby grants authorization to these ends to Ik Ben Aanwezig through the bank account of Mollie.
- The payments made by the User and received by Mollie as referred to in Article 4.1 are-under the agreed compensation with the Client’s deduction referred to in Article 5 of these terms and conditions by Mollie at the Client’s request, within five working days of the end of the event organized by the Client to indicate on a donated by the Client (bank) account.
- Principal guarantees towards Ik Ben Aanwezig that the legal relationship between the Client and the User expressly permits Users to the point that Ik Ben Aanwezig payments of Tickets through the bank account of Mollie can and should receive. Client has the obligation a (potential) user on legally valid and adequately informed about the way in which User-via the Ticket Shop and Mollie-payments are made to the customer, without any contractual relationship arises between Ik Ben Aanwezig and/or Mollie on the one hand and the user on the other.
5. RATES AND PAYMENT
- Ik Ben Aanwezig brings the Client the following charges:
- Costs per sold Ticket through the Ticket Shop;
- Costs for the usage made available by or on behalf of Ik Ben Aanwezig systems, including the Ticket Shop, and other (offline) software;
- Charges for extra services.
- The rates are further specified in the Agreement with the Client.
- Rates are inclusive of VAT with regard to the fee per Ticket exclusively referred to in Article 6.1 (a) of the General conditions and exclusive of VAT with regard to the use of, for example, hardware and other services by Ik Ben Aanwezig, as well as any additional costs, also if this entails unforeseen costs.
- Ik Ben Aanwezig has the right to adjust the costs whenever appropriate. With a reasonable adjustment of the costs, the Client agrees to the Agreement in advance.
- No cost-increasing event which may possibly occur in the relationship between the Client and the User can be passed on to Ik Ben Aanwezig or Mollie.
- Payments made by and to Ik Ben Aanwezig and the Client shall be charged with the costs through the set means as outlined in article 4.2 of these terms and conditions. Whole or in part if settlement is not possible, will inform the Client about this Ik Ben Aanwezig. The Client is then held to comply with the outstanding amount to rates immediately.
- Rates are explicit only if the Client decides, for whatever reason, to refund all or part of the costs of the entrance ticket the User.
- Ik Ben Aanwezig has the obligation to, on request, grant the Client insight with respect to volume and status of the sale of Tickets between the User(s) and Client.
- Ik Ben Aanwezig makes every single transaction between the User(s) and the Client, upon request, transparent.
- Any invoices, reports, notices and other communication between the parties is done digitally, via email and/or through a publication on a secured section of the website of Ik Ben Aanwezig.
7. PRIVACY AND PERSONAL DATA
- The Client shall be obliged to inform the User about the rules with respect to the processing of personal data and privacy in the broadest sense of the word.
- Ik Ben Aanwezig holds the ability to make available the personal data and preferences of the User, in so far as the User has given permission for this in accordance with the applicable rules, to the Client.
- The Client draagt zelf de verantwoordelijkheid voor de manier waarop de Cliënt omgaat met de verkregen persoonsgegevens. Ik Ben Aanwezig kan nooit aansprakelijk worden gesteld voor mogelijk misbruik van deze gegevens.
- In principle, Ik Ben Aanwezig does not make use of any personal data obtained by the User.
- The personal data that we gain / collect / checked within our app Qontrast while using the device camera, localization or any other privacy-sensitive usage, will only be used for checking a status of tickets sold from our ticketshop and for generating statistics for the according event organisations. No data will ever be sold, exposed, exploited to other organisations and/or individuals for our own (financial) profit and the data will belong to it’s rightfull owners.
8. PROVIDE (BUSINESS) DATA
- The Client undertakes all information which it considers that Ik Ben Aanwezig necessary for executing the command and the optimal functioning of the Ticket Shop to Ik Ben Aanwezig to make available on a by Ik Ben Aanwezig to give way.
9. INTELLECTUAL PROPERTY
- Both Ik Ben Aanwezig as well as the Client retain all intellectual property rights in the works they insert and/or use and/or make available in the framework of the implementation of the Agreement. Unless expressed differently or otherwise agreed upon in writing between the concerned parties, no transfer of intellectual property on the basis of these terms and conditions or under the Agreement is possible.
- The Client indemnifies Ik Ben Aanwezig for claims of third parties for damage caused due to incorrect or incomplete information provided the Client.
- The Client indemnifies Ik Ben Aanwezig on first request if Ik Ben Aanwezig is addressed, in any sense, by or on behalf of a the User concerning whether or not the content and/or the proper performance of the agreement (s) that the Client and the User have concluded with each other, for example, in the case of cancellations, as well as the related communication of the Client to the User, or any other possible form of shortcoming and/or unlawful act of the Client vis-à-vis the User.
- Ik Ben Aanwezig is entitled to all judicially and extra judicially costs made by Ik Ben Aanwezig in relation to the User and the Client’s raised legal and/or financial disputes. The Client is obliged to clarify such disputes to Ik Ben Aanwezig.
- Parties are liable only to the extent permitted under the Agreement as well as the general terms and conditions outlined in this document.
- Liability of Ik Ben Aanwezig due to an attributable failure to perform the contract arises only if the Client defaults Ik Ben Aanwezig in writing as soon as possible while ensuring a reasonable term is made. Some let the Client’s rights under article 13.1 shall remain unaffected.
- Ik Ben Aanwezig is not liable for damages made by the Client, in any form, due to chargebacks and/or complaints-because of any cause-of the User(s).The damage resulting directly or indirectly from this is carried by the Client. Ik Ben Aanwezig shall be entitled to offset chargebacks and/or complaints with the Client via Ik Ben Aanwezig and Mollie’s current payments by Users.
- Ik Ben Aanwezig only Client is liable for any damage or loss as a result of not, not timely or not properly fulfilling the agreement and/or other contractual obligations, insofar as such damage is the result of intentional, willful misconduct or gross negligence on the part of Ik Ben Aanwezig or by third parties from whom Ik Ben Aanwezig uses.
- Ik Ben Aanwezig is not liable for indirect losses of any kind, including, without limitation, consequential damages, lost profits, lost savings and damage due to business stagnation.
- Ik Ben Aanwezig is not liable for damages incurred directly or indirectly as a result of failure or maintenance of used computers or (electronic) systems.
- Ik Ben Aanwezig is not liable for damages directly or indirectly caused by counterfeit Tickets by Users or third parties or other abuse or illegal use of Tickets by Users or third parties.
- The liability of Ik Ben Aanwezig in any case limited to the amount that commercial liability insurance under the occupation/Ik Ben Aanwezig in the relevant incident is paid. As far as benefit fails, for whatever reason, any liability through Ik Ben Aanwezig limited to a maximum amount of € 250.000,-per incident per calendar year.
- The above limitations of liability are also stipulated for the benefit of third parties engaged by Ik Ben Aanwezig, which on this limitation of liability, therefore, can do.
Ik Ben Aanwezig grants termination only in the following cases;
- if one of the parties is declared bankrupt, suspension of payment is granted, dissolution or liquidation takes place, the business activity be stopped or be moved abroad, or the creditors agreement is offered privately or otherwise clean up debt is achieved;
- if one of the parties upon written notice of default by registered letter remains in default for more than seven days to meet its obligations under the agreement;
- the Client used the Ticket Shop for a purpose other than that for which the Ticket Shop in accordance with the agreements have been made available to the Client by Ik Ben Aanwezig;
- The Client manually or by using third parties seeks to in any way make changes to the Ticket Shop;
- the Ticket Shop is used by the Client directly or indirectly by its agreements with the User(s) that are by content or scope in conflict with the law, good custom or public order, or agreements concluded by disturbing or fraudulent content or intent are qualified, which the exclusive judgement by Ik Ben Aanwezig.
- The Client reserves the right to cancel an event without giving a reason to Ik Ben Aanwezig. Client does commit itself at all times to report this time to the User on the various available (social) media and the User clearly state what the consequences of this cancellation are.
- Cancellation of the event organized by, or on behalf of the Client, will always be at risk of Client, and in no case without any exception Ik Ben Aanwezig. In consultation with the Client can Ik Ben Aanwezig assist in the return of monies already received ticket. The cost per chargeback be prespecified in a signed cooperation agreement.
- The service and transaction fees paid by the User will only be refunded if it is paid for by the Client. Exceptions are always defined in a user agreement.
14. FORCE MAJEURE
- In a situation of force majeure, where among other things, there is a breach of one of the parties that can be attributed to her, because it is not due to the fault of that party by virtue of law, legal act or generally accepted for her account, if such period of force majeure lasts longer than 14 days, both parties are entitled to terminate the agreement in that case, without any obligation to pay compensation.
- In the following cases, parties agree that in any event in case of force majeure referred to in Article 13.1
- in case of failure or delay of performance, other than as a result of intentional or conscious overture from Ik Ben Aanwezig, because of the destruction, by any means of the Ik Ben Aanwezig-used servers, backups and other equipment, as well as failures in telephone and internet traffic;
- in case of failure or delay of performance concerned on the side of Ik Ben Aanwezig due to actions of sabotage-if at all with terrorist intent-actions of third parties, including so-called ‘ hackers ‘ and/or ‘ crackers ‘.
15. CHOICE OF FORUM
- The legal relationship between the Client and Ik Ben Aanwezig is subject to Dutch law. The Amsterdam District Court has exclusive jurisdiction to take note over all disputes between the Client and Ik Ben Aanwezig with the proviso of understanding that Ik Ben Aanwezig remains the principal authorized party to speak to before a judge in court without the above choice of forum between the Client and Ik Ben Aanwezig.