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Hollah Box Office
Terms and
Conditions
Registering you organization with the
Hollah Box Office
indicates your agreement with the
following Terms and Conditions. If
you do not agree, please refrain
from registering.
The following
Terms and Conditions defines the relationship by which nu thought media,
Inc. dba Hollah.com ("Hollah") serves as a
ticketing agent for ORGANIZER’s events and activities.
A)
"ORGANIZER" refers to the organization
listed below and represented by this contract.
B)
"Events" are any events, activities, or
resources to which ORGANIZER is authorized to sell or provide access.
C)
"Tickets" are any and all forms of
reservations, tuitions, tickets, memberships, certificates, merchandise
or confirmations that allow the holder access to, participation in, or
use of ORGANIZER events.
Hollah
Services
Hollah provides
online ticketing services via the World Wide Web. Hollah's services
under this Agreement include:
·
Displaying lists and descriptions of ORGANIZER's events on
Hollah's website, located at http://www.Hollah.com/.
·
Accepting online orders for tickets to ORGANIZER's events, and
accepting and processing credit card payment for those orders on
ORGANIZER's behalf.
·
Supporting hypertext links from other websites into Hollah's
Web-based ticketing service functions, in support of ORGANIZER's events.
Hollah charges
a per-transaction fee for its services, as specified in the Service
Terms form attached. In addition, Hollah provides a full accounting of
all fees and charges with every payment.
ORGANIZER
Interests, Authority, and Responsibilities
ORGANIZER is a producer, promoter, presenter, or manager of events.
Under this Agreement, ORGANIZER contracts with Hollah for the services
described above. ORGANIZER affirms that it has full power and authority
to offer, sell, and honor the tickets to the events it offers via the
Hollah website.ORGANIZER affirms that the information, images, and event
access that it provides vian Hollah's website do not infringe the rights
of any other person or entity, including without limitation trademark,
copyright, and trade secret rights. ORGANIZER's offer and sale of access
to these events does not constitute a violation of any state or federal
law, including without limitation consumer protection and obscenity laws
that may be applicable.
Fees,
Charges and Payment
ORGANIZER agrees that Hollah will deduct from ORGANIZER's booking
revenue all costs it incurs for the processing of credit card charges,
at Hollah's cost as stated on the Hollah website. Hollah will mail
payments for ticket sales to ORGANIZER on a regular basis, as specified
in the attached Service Terms form. Checks will be mailed to the address
provided in this contract. All sales, fees, and funds are payable in
U.S. dollars.
Cancellations,
Credits & Chargebacks
ORGANIZER must authorize via fax or email any credits or returns for
sales or tickets that it wishes Hollah to process. Hollah charges $2.00
plus credit card fees for each cancelled or credited transaction that it
processes at ORGANIZER's request. In addition, any credit card
chargebacks initiated by the purchasing customer for any reason other
than fraudulent use of the credit card will be charged back to the
ORGANIZER. Hollah is authorized to deduct these costs from ORGANIZER's
outstanding balance, or invoice ORGANIZER for the costs if no balance
exists. Hollah reserves the right to withhold up to 20% of booking
revenues for any event for a period up to 90 days after the event
occurs, to allow all returns and disputed charges to clear processing.
Ticketing
Confirmation
ORGANIZER
agrees to accept, honor, and fulfill ticketing commitments that have
been confirmed by Hollah. When each individual ticket purchase receives
credit card authorization, Hollah's website generates a confirmation
message with a unique customer number and a confirmation number. Hollah
will compile a sales report and forward to ORGANIZER prior to event.
Verification of customer name, address, customer number, membership
status and/or confirmation number at or prior to the event is the
responsibility of the ORGANIZER.
Permissions,
Proprietary Rights, and Confidentiality
Information
concerning the business affairs, finances, methods of operation and
other confidential topics of either party (collectively,
"Confidential Information") shall be kept confidential by both
parties and not disclosed unless such information becomes publicly
available.Hollah owns the design and function of its own website,
defined as those resources and functions delivered via the http://www.Hollah.com/
Web site. ORGANIZER acknowledges that Hollah does not commit to
supporting or specifying any particular browsing or operating platform,
and that Hollah has the right at any time to revise and modify its web
pages, release subsequent versions thereof, and/or alter features,
specifications, capabilities, functions, and other characteristics of
the Hollah website, all without notice to ORGANIZER.
Maintenance,
Support, and Security
Hollah will
provide an e-mail address and a telephone number to ORGANIZER by which
ORGANIZER can obtain technical assistance in dealing with any
operational or other difficulty that may arise in connection with their
customers' use of the Hollah website. Hollah reserves the right to
establish reasonable limitations on the extent of such support, and the
hours at which it is available. Please refer to our website for current
hours of technical support and conditions of use. Hollah will maintain
ORGANIZER's event data in a secure manner and prevent unauthorized
access or changes to this event data. Hollah will house customers'
credit card information on a secure server with limited Internet access,
according to generally-accepted electronic commerce practices.Hollah
will provide ORGANIZER with an account ID and password that allows
ORGANIZER staff to add or update ORGANIZER's event data on the Hollah
server. ORGANIZER accepts all responsibility for the protection,
confidentiality, and use of this ID and password.
Indemnification
ORGANIZER
agrees to indemnify and hold harmless Hollah against any expense, loss
or liability (including attorneys' fees) in respect of any claims, or
threatened claims, relating to the ticketing, events, and information
offered in ORGANIZER's event listings on the Hollah website.
No
Implied Warranties
The contents
and functionality of the Hollah website is provided on an "as
is" basis without warranties of any kind, either express or
implied, including but not limited to warranties of merchantability and
fitness for a particular purpose. Neither this agreement or any
documentation furnished under it is intended to express or imply any
warranty that the online ticketing services will be uninterrupted or
error-free or that the Hollah website will provide uninterrupted or
error free service. Hollah shall not be liable for any loss of business,
profits or goodwill, loss of use or data, interruption of business, or
for any indirect, special, punitive, consequential, or incidental
damages that result from ORGANIZER's use or inability to use Hollah's
online ticketing services. Hollah's liability to ORGANIZER shall not,
for any reason, exceed the aggregate payments actually made by Hollah to
ORGANIZER over the prior six months. Neither party shall be liable to
the other for any delay or failure in performance under this Agreement
resulting directly or indirectly from acts of God or any causes beyond
its reasonable control.
Agreement
Term and Termination
Either party to
this Agreement can terminate this Agreement via written notice to the
other party, which shall be effective thirty (30) working days after
notice has been given. In addition to these termination rights, either
party can terminate this Agreement if the other party commits a breach
of this Agreement and fails to cure such breach within 10 days of the
receipt of written notice of such breach.The provisions of the
Permissions, etc. and Indemnification sections of this agreement shall
survive any termination of the Agreement.
Entire
Agreement and Applicable Law
This Agreement
and its attached Service Terms form is the entire agreement between the
parties with respect to its subject matter. It supersedes all previous
proposals, both oral and written, negotiations, representations,
writings and all other communications between the parties. This
Agreement is governed by the laws of the State of Ohio without giving
effect to principles governing conflicts of laws. This Agreement may not
be assigned by ORGANIZER without express written permission of Hollah.
Any disputes arising from this agreement shall be submitted to binding
arbitration according to the rules and regulations of the American
Arbitration Association.
Addresses
and Notices
Any
communications under this Agreement shall be in writing and are deemed
delivered upon receipt by the addressed party at the address specified
herein. Communications may be sent by hand or messenger, by commercial
overnight carrier, or by US mail (return receipt requested). The mailing
address for Hollah is – Hollah.com 4426 Brooks Road, Cleveland, OH
44131. This agreement is valid when accepted by the authorized agent of
ORGANIZER, and effective on the date thereof. The mailing address
for ORGANIZER is indicated in the ORGANIZER'S registration form.
Set-Up
Fees
There is a $25
fee for first event, $15 per event thereafter.
Service
Fees
Hollah's
booking services will be charged at the following fees, based on the
cost of event ticketing options. Hollah reserves the right to adjust the
current fee schedule at any time. Fee Table
Processing
Fee: $1.50 per
order.
Convenience
Fee: Dependent upon
ticket price as set forth below.
"Ticket"
Price Flat Fee Percentage
From To
$0.01
$15.00 $1.50
+0.0%
$15.00
$50.00
$3.50 + 10.0% of amount over $15
$50.01
$100.00 $7.00 + 5.0% of amount over
$50
$100.01 $500.00 $9.50 + 2.0% of amount over $100
$500.00 $700.00 $17.50
+ 1.0% of amount over $500
Credit
Card Fees
Hollah deducts
credit card fees prior to payment. The rates are variable and charged
according to the current bank rates. The current rates are: 2.5% for
Visa/Mastercard purchases, 2.5% for Discover purchases, and 3.5% for
American Express purchases.
Payment
Cycle to ORGANIZER
Hollah will
mail payments and sales reports to ORGANIZER on a semi-monthly basis, on
the closest business day to the 15th and 30th of the month. Payments
will include revenues collected as of midnight of the 5th or 20th of the
month, less any authorized fees or charges. (For example, a semi-monthly
payment mailed on the 15th will include revenues for tickets sold
through the 5th, minus authorized Hollah fees and credit card processing
costs). The minimum amount of payment is $100. Hollah will hold over
payments until revenues reach $100 or the event is over, whichever comes
first. Please see our payment schedule for detailed payment information.
Promotional
Activities
ORGANIZER
agrees to promote the online ticketing of its events by promotional
steps and activities such as:
·
Including the ORGANIZER's shortcut URL/link information in its
printed event materials and mailings.
Including
online registration instructions and options in event promotional
materials.
Putting
event-specific "book it" links on the ORGANIZER's website to
promote online sales of specific events.
Linking ORGANIZER's shortcut URL from ORGANIZER's website to promote
online sales of all of ORGANIZER's events.
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