General provisions
Special provisions Eventree B.V. Special provisions Paytree B.V. Special provisions Connectree B.V.
The general terms and conditions consist of general provisions and special provisions. These general provisions apply to all assignments entered into by
Eventree, Paytree or Connectree.
The special provisions apply to assignments entered into by
respectively Eventree, Paytree or Connectree.
Definitions
In these general terms and conditions, the following terms are understood as:
Book balance: all amounts received that are paid out to the organizer, reduced by the amounts to be offset
Connectree System: the internet system and any additional systems (including systems for the support of the Internet) that Connectree provides to
Client in the context of the Agreement, including hardware such as
beam transmitters, point-to-point connections via beam transmitters, omni antennas, access points, routers.
Service(s): all work that Eventree, Paytree or Connectree performs to execute the Agreement, including making equipment available.
Event: (music) performances, festivals and other manifestations in the broadest sense of the word.
Internet/Connectivity: all work that Paytree or Connectree – as far as this is agreed in writing with the Client – performs for the purpose of providing network support for ticketing (and ticket control), communication between staff and employees, facilitating the Paytree (payment) system or providing internet on site.
Assignment: every assignment that the Client gives to Eventree, Paytree or Connectree for the provision of the Services, under the conditions as set out in the
Terms and/or the Agreement.
Client: the customer of Eventree, Paytree or Connectree, being any natural person acting in the exercise of a profession or business, or a legal entity, that concludes this Agreement with Eventree, Paytree or Connectree.
Agreement: the assignment agreement that comes into being between Eventree, Paytree or Connectree and Client, which agreement consists of the quote or the
agreement between Eventree, Paytree or Connectree and Client, in which the Assignment is recorded.
Parties: Eventree, Paytree or Connectree and Client jointly.
Paytree System: the payment system and any additional systems (including systems for the Internet) that Paytree provides to the Client in the context
of the Agreement, including checkout systems, top-up systems and other equipment and/or goods that are part of the Paytree (payment) system.
Written: All forms of written communication, including electronic communication, such as a digital signature or email message.
Service fees: The fee to Eventree per sold, issued, served or otherwise generated ticket for an event of the organizer.
Sub Merchant account: the account of the organizer with the payment provider of Eventree, Paytree or Connectree
System: the Paytree System or the Connectree System
Ticket: Agreement between visitor and organizer which grants access to an event and has been established through the services of Eventree.
Ticket shop: Sales channel on a web page or via a script through which the organizer informs the visitor about an event and through which the visitor can
obtain.
Processor agreement: the agreement between the client
(data controller) and Eventree, Paytree or Connectree (processor) in which the agreements are recorded under which personal data on behalf of the client are processed.
General provisions Article 1 Applicability
These general terms and conditions apply to every offer, quotation,
collaboration and agreement between Eventree, Paytree or Connectree and the Client.
If a provision of the general terms and conditions proves to be void or is annulled, this does not affect the validity of the other provisions. In that case, the parties will replace the void or annulled provision with a provision that as much as possible aligns with the intention of the parties.
The applicability of the client’s general terms and conditions is expressly excluded.
Article 2 Offers and quotations
All offers and quotations from Eventree, Paytree or Connectree are non-binding, unless the parties have agreed otherwise.
An offer or quotation is based on a specific request from the client and applies
only to the specific underlying assignment. No rights can be derived from an offer or quotation for a future assignment or agreement.
The client is responsible for the accuracy and completeness of the data provided by or on behalf of him to
the supplier on which Eventree, Paytree or Connectree bases its offer or quotation.
The client cannot hold Eventree, Paytree or Connectree to an offer or quotation if the client can reasonably understand that the quotation or offer (or a
part of it) contains an obvious mistake or typo.
If the client does not accept the offer or quotation within 14 days, the
offer or quotation will automatically expire, unless the parties have agreed otherwise. Article 3 – Rates
Assignments are carried out at the rates specified in the Agreement.
Eventree, Paytree or Connectree may increase the rates in the event of unforeseen cost-increasing circumstances that occur after the Agreement has been established.
Rates are in euros, excluding any expenses of Eventree, Paytree or Connectree and excluding VAT and other government levies. Eventree, Paytree or Connectree explicitly states any transport costs in its written confirmation.
shipping costs, insurance costs, and other costs that are separately charged to Client. The client must make their payment in euros.
All costs related to the establishment of the Agreement are borne by the Client.
Article 4 – Payment
The client agrees that invoices from Eventree, Paytree, or Connectree may be withheld on the book balance of the Sub Merchant account that the client has
with the payment processor of Eventree, Paytree, or Connectree.
The client must pay Eventree, Paytree, or Connectree within fourteen days after the invoice date, unless otherwise agreed in writing. By the mere
expiration of the payment term of an invoice, the client is in default, without
further notice of default being required.
Within 14 days after acceptance of the offer, and no later than before the start of the execution the client pays Eventree, Paytree, or Connectree a deposit, as
specified in the Agreement. If no deposit is mentioned, the
standard deposit of 50% of the total agreed costs. Eventree, Paytree, or Connectree will start its work after it has received the deposit.
In case of exceeding the payment term, the client owes the statutory commercial interest due, increased by 10 percent on the invoice amount. This surcharge is not
due if payment is made within the payment term.
If the client is in default or in delay in the (timely) fulfillment of their obligations, all reasonable costs for obtaining satisfaction out of court
are for the account of the client. The extrajudicial costs are calculated based on
the basis of the Act on the regulation of extrajudicial collection costs and the accompanying Decree.
Additional costs of Eventree, Paytree, or Connectree in the context of the collection are also for the account of the client. This includes costs for
engaging the collection agency and the administrative costs that Eventree, Paytree, or Connectree incurs itself.
In case of non- or untimely fulfillment of the (payment) obligations by
the client, Eventree, Paytree, or Connectree is entitled to terminate the Agreement with immediate effect or suspend (further) delivery of Services and/or products until
the moment when the client has fully complied with the (payment) obligations, including the payment of due interest and costs.
When Eventree, Paytree, or Connectree has reason to believe before or during the execution of the agreement
that the organizer cannot or will not meet their payment obligations, Eventree, Paytree, or Connectree is entitled to suspend the service until the organizer has paid or has provided a security.
issued.
Article 5 – Formation and execution of the agreement
The Agreement between Eventree, Paytree, or Connectree and the client is established at the moment that:
Paytree sends a proposal or quote to the Client for the Assignment and the Client accepts this in writing; or
Paytree begins the execution of the Assignment.
Eventree, Paytree or Connectree has the right to refuse Assignments, without giving reasons for this.
The Client must submit an Assignment and follow-up instructions for the execution of that Assignment always in writing to Eventree, Paytree or Connectree.
Eventree, Paytree or Connectree will execute the Assignment to the best of its ability and insight executing it, without direction or supervision from the Client. Eventree, Paytree or Connectree will act carefully towards the Client and third parties. The Client may
give directions and instructions regarding the result of the Assignment.
The Client will provide Eventree, Paytree or Connectree with all information and materials necessary for the execution of the Agreement. If
the Client does not provide this information and materials on time, Eventree, Paytree may
or Connectree may suspend the Assignment and charge the extra costs arising from the delay invoicing. Eventree, Paytree or Connectree will inform the Client of this in a timely manner.
.
Eventree, Paytree or Connectree has the right to perform more work than as stated in the Agreement and to charge for this work, if this
is necessary for a proper execution of the Assignment. Eventree, Paytree or Connectree will inform the Client of this in a timely manner.
Article 6 – Duration of the Agreement
Eventree, Paytree or Connectree and the Client enter into the Agreement for the duration, as agreed in the quote or Agreement.
If the Agreement is expressly limited in content or time, the Agreement will automatically end by the completion of this content or time.
The duration of the Agreement is tacitly extended each time for the duration of the original agreement, unless the Client or Eventree, Paytree or Connectree terminates the agreement in writing with a notice period of 3 months
before the end of the relevant period. Article 7 – Execution period and delivery
Eventree, Paytree or Connectree and the Client may agree on a period
within which Eventree, Paytree or Connectree executes the Assignment, as laid down in the Agreement and in the case of Paytree/Connectree, delivers the Paytree System or the Connectree System (Execution period). If no date has been agreed upon,
the Execution period begins at the moment the Agreement is established.
The Execution period is indicative and never a fatal deadline. If Eventree, Paytree or Connectree exceeds the Execution period, the Client has no right to
compensation. The Client also cannot terminate the Agreement in case of deadline overruns by Eventree, Paytree or Connectree, unless the execution of the
Agreement remains impossible or if Eventree, Paytree or Connectree does not execute the Assignment
not executed within a term communicated to it again in writing.
Article 8 – Modification and additional work
If during the execution of the Assignment it appears that it is necessary for a proper execution to modify or supplement the content of the Assignment, then
Eventree, Paytree or Connectree and Client will do this in mutual consultation.
In case of modification of the Assignment, Eventree, Paytree or Connectree may increase or decrease the agreed price.
increase or decrease. Eventree, Paytree or Connectree will provide a price quote for this, if possible. price quote. In case of modification of the Assignment, the Execution Period may also change.
Client accepts the possibility of modification of the Assignment, price and
Execution Period. Eventree, Paytree or Connectree will not charge any costs for modification of the Assignment if the modification is due to circumstances
costs if the modification of the Assignment is a result of circumstances that can be attributed to Eventree, Paytree or Connectree.
If during the execution of the Assignment it appears that Eventree, Paytree or Connectree must perform additional Services or incur extra costs due to causes that can be attributed to Client, then Eventree, Paytree or Connectree may implement these
changes. Eventree, Paytree or Connectree is entitled to charge any
additional costs to the Client. Causes that can be attributed to the Client include, but are not limited to,
can be attributed to the Client, are for example, but not limited to,
incomplete requests, not responding in time, not having the location ready for installation, providing incorrect information and negligence of the Client.
Article 9 – Execution by third parties
Eventree, Paytree or Connectree may have the Assignment executed in whole or in part by a third party
if this is necessary for a proper execution of the Assignment.
Eventree, Paytree or Connectree will timely inform the Client about the involvement of third parties.
If Eventree, Paytree or Connectree is wholly or partially replaced by a
third party, Eventree, Paytree or Connectree remains responsible for the result of the
Assignment.
If a third party engaged by Eventree, Paytree or Connectree performs work at the Client’s location or at a location designated by the Client, then
the Client will provide the facilities that the employees of that third party reasonably need.
If a third party engaged by Eventree, Paytree or Connectree increases its prices during the term of the Agreement, then Eventree, Paytree or Connectree may pass these
on to the Client.
Article 10 – Permits
The Client is responsible for obtaining and maintaining all necessary permits,
including those from government authorities, that are necessary to execute the Agreement. This includes
the use of access roads to the location where Eventree, Paytree or Connectree must perform work in the context of the Agreement, such as delivering Systems and other items.
All damage caused by the absence of a permit in a timely manner is for the account of the Client. This particularly applies to the costs of any
waiting times and extra transport costs of Eventree, Paytree or Connectree.
Article 11 – Retention of title
If Eventree, Paytree or Connectree sells any information, products or to the Client, materials, including Systems, to the Client regarding the
execution of the Assignment and Agreement, these items remain the property of Eventree, Paytree or Connectree until the Client has fully complied with all its obligations.
Intellectual Property Rights are excluded from this provision, as they always remain with Eventree, Paytree or Connectree (see article 12).
If the Client rents the Paytree System or the Connectree System from Paytree or Connectree, Paytree/Connectree remains the owner of the System at all times.
If Eventree, Paytree or Connectree wishes to exercise its ownership rights, it will grant unconditional and irrevocable permission to Eventree, Paytree or Connectree to enter all places where the properties are located, so that Eventree, Paytree or Connectree can reclaim the properties.
The Client will do everything that can reasonably be expected of him to secure the properties of Eventree, Paytree or Connectree.
Article 12 – Intellectual property, trade secrets and know-how
Eventree, Paytree or Connectree is the exclusive rights holder of all Intellectual Property Rights on and relating to other services of – and information
offered by – Eventree, Paytree or Connectree, or Eventree, Paytree or Connectree has the necessary licenses for this.
Eventree, Paytree or Connectree is the exclusive rights holder of all intellectual property rights resting on – and arising from – the Services and the Paytree System and/or Connectree System that are developed and/or used in the execution of the
Agreement, such as (but not limited to): patent rights, trademark registrations and deposits, trade name rights, copyrights, trade secrets, i-DEPOTS, domain names,
know-how and licenses.
As long as the Client fulfills all his obligations, Eventree, Paytree or
Connectree grants the Client a non-transferable, non-exclusive, non-sublicensable, royalty-free license for the use of the Services, Paytree System
and/or Connectree System and information arising from the execution of the Agreement, for the purposes, as described or known at the time of concluding the the Agreement. If the Client no longer fulfills his obligations, Paytree and/or Connectree can revoke this license without a notice of default being required.
The Client is not allowed to use the Services, Systems and information for any other purpose than as stated in the Agreement or otherwise agreed in writing. agreed.
Even if the Agreement does not explicitly provide for this, Eventree, Paytree or Connectree is always allowed to implement technical measures to protect equipment, data files, websites, provided software and such. The client shall not (allow) to remove or
(allow) to circumvent.
Article 13 – Privacy and the processing of personal data
Eventree, Paytree or Connectree processes personal data of customers and visitors of its websites in accordance with its privacy statement and in accordance with the General Data Protection Regulation and the Implementation Act General Regulation
Data Protection. The aforementioned privacy statement is available via the website of Eventree, Paytree or Connectree.
If this is necessary for the execution of the agreement, Eventree, Paytree or Connectree will inform in writing upon request about how Eventree, Paytree or Connectree fulfills its obligations under the legislation in the area of
the protection of personal data.
The use and/or processing of data is not unlawful and does not infringe on any rights of a third party. The client indemnifies Eventree, Paytree or
Connectree against any legal claim from a third party, for whatever reason, in connection with this data or the execution of the agreement.
Article 14 – Termination and cancellation of the Agreement
Eventree, Paytree or Connectree may terminate or dissolve the Agreement immediately, without any notice of default being required, if the Client fails to fulfill its obligations under the Agreement, not fully or not on time. The client must pay Eventree,
Paytree or Connectree a compensation or indemnification in case of non-compliance with the obligations of the Client.
pay compensation or indemnify.
In case of termination of the Agreement by the Client, a penalty that is immediately due is owed of 10% of the invoice price. Contrary to article 6:92 BW, Eventree,
Paytree or Connectree has the right to claim full compensation in addition to the penalty.
Eventree, Paytree or Connectree may terminate the Agreement immediately, without being obliged to pay compensation or indemnification, in the following cases:
The client has filed for bankruptcy, is bankrupt or in (provisional) suspension of payment;
The client is dissolved or liquidated;
The client is placed under guardianship or dies;
The client can no longer freely dispose of his assets due to other circumstances.
In the event that the client has irrevocably entered into bankruptcy,
the right of the client to use the software, websites and such made available ends, as well as the client’s right to access
and/or use the services of Eventree, Paytree or Connectree, without any termination action from Eventree, Paytree or Connectree being required.
Article 15 – Force Majeure
Eventree, Paytree or Connectree is not obliged to fulfill its obligations under the Agreement if they arise, in the event of force majeure. Force majeure occurs if Eventree, Paytree or Connectree is unable to fulfill its obligations due to one or more
circumstances that cannot be attributed to Eventree, Paytree or Connectree. This may include external forces such as (but not limited to)
nature, (war) violence, government measures, general transportation issues, computer/internet crime, power outages/internet failures, disruptions in data network or telecommunication facilities and the failure of backbone service providers.
The Client may suspend its obligations under the Agreement during the period of force majeure.
If this period lasts longer than what is reasonably acceptable given the specific circumstances, both the Client and Eventree,
Paytree or Connectree may terminate the Agreement without being obliged to
compensate for damages.
If Eventree, Paytree or Connectree has already fulfilled part of
the obligations under the Agreement before the force majeure occurred and this part has independent value,
Eventree, Paytree or Connectree may send an invoice for this fulfilled part. Article 16 – Liability
Eventree, Paytree or Connectree can only be liable for damages to the Client, if this damage is directly and solely the result of a
attributable shortcoming of Eventree, Paytree or Connectree. The burden of proof for the required causal relationship lies with the Client. Eventree, Paytree or Connectree is not liable for indirect damages of the Client, including lost revenue or profit.
Eventree, Paytree or Connectree is not liable for damages that arise because Eventree, Paytree or Connectree relied on the
information provided by the Client that is incorrect or incomplete.
Eventree, Paytree or Connectree is not liable for damages that arise from the (temporary) non-functioning of the System due to technical failures such as, but not limited to:
the failure of backbone providers including the payment processor; errors in the software;
failures in the servers and in the internet connection, causing payments to not be processed can be.
The Client is liable for damages caused by defects in the System related to changes made by the Client or third parties. Changes.
The Client or the third party engaged by him is at all times responsible and fully liable for providing the power and all resources that Eventree,
Paytree or Connectree needs to perform the Assignment. These resources include network connection as well. If the Client and Paytree agree in writing that Paytree or Connectree also provides Connectivity, Paytree is not
responsible or liable for the services of a backbone provider such as
the internet provider. The Client will bear all costs and/or damages, including damages that arises from the (temporary) non-functioning of the Systems, resulting from the incorrect designating, supplying and/or maintaining during the term of this Agreement
taking the aforementioned at their own expense.
If Paytree or Connectree is liable for any reason, then the
liability is limited to an amount of € 50,000 or 100% of the invoice price of the Agreement, if the invoice price is less than € 50,000.
If Eventree is liable for any reason, then the liability of
Eventree is limited to a maximum of the applicable amount of service fees per ticket sold, at least up to that portion of the service fees per ticket sold to which the
liability relates.
In the event that the damage is covered by insurance, the liability of Eventree, Paytree or Connectree is in any case limited to the amount that the insurer of Eventree, Paytree or Connectree pays out in that specific case.
Nothing in these Terms will exclude or limit the liability of Eventree, Paytree or Connectree exclude or limit, when it cannot be excluded or limited under
applicable law, such as in cases of intent or gross negligence of Eventree, Paytree or Connectree.
Article 17 – Indemnification
To the extent permitted by law, the Client will indemnify Eventree, Paytree or Connectree for and hold harmless regarding all liabilities, damages, losses, and costs
(including settlement costs and reasonable attorney fees) arising from claims by
third parties who suffer damage due to the execution of the Agreement, unless the cause is attributable to
Eventree, Paytree or Connectree and there is a causal relationship.
In the event that third parties address Eventree, Paytree or Connectree in situations such as described in 17.1, the Client will assist Paytree both outside and in legal matters and do everything that can be reasonably expected of him.
Article 18 – Transfer of rights and obligations
The Client may not sell,
transfer or pledge his rights and obligations under these Terms and the
Agreement between Eventree, Paytree or Connectree and the Client to third parties, without written consent from Eventree,
Paytree or Connectree.
Eventree, Paytree or Connectree may assign and/or transfer all rights and obligations in these general
terms in the event of a merger, acquisition or sale of assets, by law or otherwise.
Article 19 – Changing general terms and conditions
Eventree, Paytree or Connectree reserves the right to change or replace these General Terms at any time if it reasonably considers it necessary and useful.
If Eventree, Paytree or Connectree makes significant changes to these General Terms, the Client will be notified by email.
.
Article 20 – Applicable law and choice of forum
On these General Terms and Conditions and on every agreement that exists or will arise between the Client and
Eventree, Paytree or Connectree is subject to Dutch law.
All disputes that may arise as a result of the agreement between Eventree, Paytree or Connectree and the Client or any agreement that may result from it will be exclusively settled by the competent court of the
District of Northern Netherlands located in Assen. Special provisions Eventree
Article 21 – Cookie Statement
Eventree does not use session cookies for the functionality of the ticket shop. Eventree does not use tracking cookies on the website.
As soon as an organizer logs in to the website www.eventree.nl, a session cookie is placed for displaying the individual account and the services of the
ticket service. These cookies are automatically deleted as soon as the web browser is closed.
Article 22 – Ticket service
Eventree acts as an intermediary in the conclusion of the agreement between visitor and organizer by providing the opportunity to (reserve) tickets to
sell. In addition, Eventree offers services to the organizer to manage and process (i.e. access control). Eventree expressly does not
form part of the agreement that arises from the purchase of a ticket.
The tickets provided by Eventree are and remain the property of the organizer and are delivered by Eventree to the visitor on the condition that it is not allowed without prior written permission from the organizer and/or Eventree:
To sell the tickets to third parties or to provide the tickets in any other way commercially directly or indirectly to third parties; or
To offer the tickets in commercial expressions – in any way – or to refer to in other ways to refer to the admission tickets;
If the situation mentioned under a. or b. occurs, Eventree and/or the Organizer will invalidate the tickets; holders of those tickets will be denied access to the Event, without the right to compensation.
Article 23 – Payments
Eventree accepts various payment methods within the offered ticket service. The
full list can be requested from Eventree. The availability of payment methods to pay for a ticket for an event may vary by event, type of ticket and/or
distribution channel.
Eventree will hold the amounts from ticket sales in the Sub Merchant account so that the payment obligation towards the organization can always be met.
Eventree is entitled to charge service fees for all issued tickets at an
event of organizer, thus explicitly also the tickets for which no electronic payment has taken place, tickets that are issued for free and tickets that are created by
the organizer themselves through the ticket service. Article 24 – Liability at events
Eventree cannot be regarded as the organizer of the event and is therefore not responsible for and does not guarantee the (artistic) quality and content of
the event and the course of affairs in or around the venue and accepts no liability on this basis. given no liability.
If and to the extent that Eventree is wholly or partially unable to fulfill
its obligations towards the visitor and organizer, the visitor cannot derive any right to compensation from this.
Eventree accepts no liability for loss or damage to tickets
by the visitor for any reason whatsoever. From the moment the access ticket is made available to the customer, the risk of loss, theft,
damage or misuse of the Ticket rests with the customer.
Eventree accepts no liability for the purchase and delivery of tickets that do not take place at Eventree. Eventree also accepts no liability for agreements that, whether or not at the request of the visitor, are not fully
settled by Eventree and where a third party, such as a box office at the venue, is or is not directly involved.
Article 25 – Sale of Ticket
The organizer must be aware that by selling a ticket, a
contract is entered into with the visitor. Eventree acts as an intermediary in offering and selling (reservations for) tickets. Eventree explicitly does not form part of the
agreement that arises from the purchase of a ticket.
Based on the ticket price chosen by the organizer, Eventree has the right to make a payment method unavailable.
The organizer is expressly not allowed to set up the ticket shop in such a way that a ticket grants access to more than 1 person.
Eventree does not guarantee that the ticket system is always uninterrupted and free of disruptions. This can be external, such as from a virus or hackers/spam.
Article 26 – Account
The organizer is required to provide valid information when registering and/or when requested. It is not allowed to create multiple accounts per
email address. Eventree reserves the right to deactivate an account (temporarily or not) or to refuse to deactivate or to refuse an organizer from participating in Eventree.
Eventree is not liable for any hacked account. Any damage that is/has been suffered from a hacked account cannot be claimed from Eventree.
The responsibility for providing correct information about an event lies with
the organizer. The organizer is obliged to verify the information on the ticket shop for accuracy check.
Article 27 – Events
Eventree reserves the right to refuse and/or postpone events. If
the organizer provides incorrect information to Eventree, Eventree has the right to cancel the relevant event and not pay out any outstanding balance
.
If tickets are issued for an event that does not take place,
Eventree is in no way liable. Eventree has the right to deactivate the relevant account of the organizer and not pay out any outstanding balance
to be paid out. Eventree may choose to refund (part of) the ticket amount to the visitors, deducting incurred costs.
In the event of cancellation of the agreement, by either the organizer or the visitor, the service fees on already issued tickets remain applicable. Eventree will, upon
request from the organizer, provide information regarding the agreement
as far as this is possible and relevant. This may incur additional costs for the organizer.
Only after consultation and with additional agreements can payment of collected funds (less service fees) to the organizer take place, allowing the organizer to refund visitors. Eventree is entitled to request additional
securities from the organizer. It is expressly stated that Eventree has no obligation to make refunds to visitors individually in the event of cancellation of an event.
Article 28 – Balance
Only amounts actually collected by Eventree from ticket sales will be added to the organizer’s balance.
The organizer’s balance will be paid out to the organizer in consultation. The balance is calculated using data from Eventree’s database at the time of
the invoice date.
If there is abuse of the ticket service, or an attempt to do so,
Eventree has the right not to pay out the entire balance. Additionally, Eventree reserves the right to charge additional costs to the organizer.
Only when the organizer has provided all necessary information and the account with the payment processor is approved, will payment be made.
Article 29 – Loan and rental
In addition to ticket service, Eventree rents out products and/or lends them out. If an organizer rents or receives products on loan from Eventree,
he/she must handle them carefully.
In case of loss or damage to one or more rented or loaned products, Eventree has the right to compensation. The relevant organizer is obliged to pay this compensation. Eventree has the right to
offset it against the agreed deposit and/or the balance.
Organizer must return the rented and/or borrowed products the day after the corresponding event to Eventree. If not returned on time, Eventree has the right to charge Eventree the right to charge additional costs.
Article 30 – Visitor’s own responsibility
Visitor must be aware that by purchasing a ticket, they enter into an agreement with the organizer. Eventree acts as an intermediary in offering and selling (reservations for) tickets; Eventree explicitly does not form part of the agreement that is established by the purchase of a ticket.
The visitor has the obligation to verify whether the organizer can fulfill the outlined expectation regarding the event.
Visitor receives a ticket with a unique code that grants one-time access to the event. The visitor is responsible for keeping this code confidential.
After receiving the ordered tickets, they must be
checked by the visitor. In case of incorrect delivery, for example in the case of incorrectly generated tickets (wrong price/category or wrong event)
the visitor will receive a new delivery upon first written request and at no additional cost. A such request must contain the relevant details and reasons.
If the customer has not informed Eventree in writing within 7 days before the event starts, Eventree may decide not to exchange the tickets.
Article 31 – Reservations
If a visitor makes a reservation for an event, the visitor is obliged to settle the ticket at a later time with the organizer.
The organizer has the right to use the visitor’s data to contact for processing the payment following a reservation made by the visitor.
Article 32 – No returns of time-bound products
The visitor cannot cancel the purchase of tickets based on the Distance Selling Act.
The purchase and sale of tickets falls under the exception clause as included
in article 7:46i paragraph 3 of the Civil Code regarding time-bound products. Regarding these time-bound products, it is determined that they (due to their time-bound nature) cannot
be returned.
Paytree
Article 33 – Use of the Paytree System
Client is responsible for providing and maintaining a stable
internet connection (Connectivity). If the Client cannot meet this requirement, Paytree or Connectree may establish and deliver such a stable internet connection, however, it is not liable for the services of backbone providers such as the
internet provider.
Client may use the Paytree System for the duration of the Assignment. Furthermore, the Client will use the Paytree System carefully and keep it houden. Opdrachtgever zal tijdig doeltreffende maatregelen nemen om schade aan het Paytree Systeem te voorkomen. Bij schade aan het Paytree Systeem zal Opdrachtgever Paytree daarvan onverwijld schriftelijk in kennis stellen. Opdrachtgever gaat akkoord dat schade of vermissing aan het geleverde apparatuur gefactureerd wordt door Paytree en dat dit meteen inhouden mag worden op het boeksaldo van de Sub Merchant account dat de Opdrachtgever heeft bij de betalingsverwerker.
Opdrachtgever mag het Paytree Systeem of enig deel daarvan niet als onderpand of zekerheidsobject jegens derden gebruiken.
Opdrachtgever en/of derden mogen niet zonder voorafgaande schriftelijke toestemming van Paytree en/of Connectree eigen apparatuur aansluiten op het Paytree Systeem en/of het Connectree Systeem.
Ingeval zonder voorafgaande schriftelijke toestemming toch apparatuur van Opdrachtgever en/of derden wordt aangesloten op het Paytree Systeem en/of Connectree Systeem, is Opdrachtgever volledig verantwoordelijk voor de gevolgen hiervan, waaronder schade en storingen veroorzaakt door onvoldoende bandbreedte. Paytree en/of Connectree kan voor deze gevolgen nimmer aansprakelijk worden gesteld. Paytree en/of Connectree kan zijn schade verhalen op Opdrachtgever.
In het geval van een evenement mogen Opdrachtgever en alle ondernemers op het betreffende evenement (de Ondernemers) gebruik maken van het Paytree Systeem, onder de voorwaarden die zijn opgenomen in deze algemene voorwaarden en de Overeenkomst. Opdrachtgever is te allen tijde verantwoordelijk voor het gebruik van het Paytree Systeem door de Ondernemers en alle daaruit voortvloeiende aansprakelijkheden. Opdrachtgever mag het Paytree Systeem niet in onderhuur of andere vorm van gebruik geven aan iemand anders dan de Ondernemers.
Opdrachtgever zal het Paytree Systeem alleen (laten) gebruiken op de plaats die Partijen zijn overeengekomen (de Plaats). Paytree zal het Paytree Systeem op de Plaats installeren, monteren en gereed maken voor gebruik.
Als Partijen overeenkomen dat Paytree de levering van het Paytree Systeem en andere zaken ter uitvoering van de Overeenkomst verzorgt, dan verschaft Opdrachtgever Paytree te allen tijde onverwijld toegang tot de locatie waar het Paytree Systeem en andere zaken afgeleverd moeten worden. Als Opdrachtgever hier niet aan voldoet en hierdoor wachttijd voor Paytree ontstaat, dan mag Paytree deze tijd in rekening brengen als zijnde werktijd.
Paytree mag het Paytree Systeem in sprints/spurts/gedeelten leveren of wachten met de levering tot de gehele bestelling gereed is. Paytree zal Opdrachtgever hier tijdig van op de hoogte stellen.
Opdrachtgever mag het door hem gebruikte Paytree Systeem niet geheel of gedeeltelijk veranderen of iets aan het Paytree Systeem toevoegen (Wijzigingen), zonder voorafgaande schriftelijke toestemming van Paytree. Paytree kan voorwaarden stellen aan deze toestemming, zoals het stellen van voorwaarden aan de wijze en kwaliteit van de Wijzigingen of het verhogen van de huur- of aankoopprijs. Opdrachtgever moet Wijzigingen voor het einde van de Overeenkomst ongedaan maken of verwijderen, tenzij Partijen anders zijn overeengekomen.
The Client has no claim to any compensation, for any reason, in
connection with the Changes made by the Client that have not been undone or removed at or after the end of
the Agreement, for whatever reason, have not been undone or removed. Article 34 – Maintenance of the Paytree System
Paytree maintains the Paytree System that is present at the Client. The Client
will not maintain the Paytree System themselves or have it maintained by a third party.
The Client will report defects in the Paytree System immediately after they become known in writing to Paytree.
Paytree will make every effort to rectify defects in the Paytree System
within a reasonable time, by means of corrective maintenance. Paytree is also entitled to perform preventive maintenance on the Paytree System, but Paytree is
not obligated to do so. The days and times on which maintenance takes place will be determined in good consultation between the Parties. Where possible, Paytree will allow the Client
upon request to carry out corrective or preventive maintenance themselves.
.
The following defects are excluded from Paytree’s obligation to repair defects, as mentioned in article 34.3:
engaged third parties can be attributed;
the Paytree System or use contrary to these Terms, the Agreement or other documentation provided by Paytree;
If Paytree repairs or has repaired the defects mentioned above under C to F, then Paytree may charge the associated costs according to the usual rates of Paytree.
During the maintenance period of the Paytree System, the Client has no right to replacement equipment.
Paytree may always choose to forego maintenance of the Paytree System and replace the Paytree System with similar equipment.
If data is lost due to a defect in the Paytree System or during the maintenance thereof, Paytree will strive to recover or
reconstruct. In such cases, Paytree is not obliged to repair or reconstruct the
data, if this is reasonably not possible. If the loss of the data results in a data breach in the sense of of the relevant privacy legislation, Paytree will fulfill all its obligations in that context
and assist the Client with its obligations, in accordance with the Processor Agreement.
Article 35 – Guarantees and complaints
Paytree guarantees the quality of the materials used and the promised properties and the related proper functioning of the Paytree provided
delivered Paytree System upon delivery. Paytree will rectify any defects in the Paytree System in accordance with article 34.
Paytree only provides a warranty for products purchased elsewhere, if and to the extent that the original manufacturer provides this warranty.
The Client is obliged to immediately check the delivered Paytree System after receipt for any defects and/or missing parts. The Client must immediately
after discovery or in any case within 3 days after delivery notify Paytree
that the Paytree System has not been delivered (entirely) in accordance with the order. If the Client does not make this notification, Paytree may assume that the entire
Paytree System has been received completely and in good condition by the Client.
The Client must report complaints and shortcomings in the other services performed within two weeks after the invoice date and no later than three weeks after completion of the relevant
Services, in writing to Paytree. The notice of default must contain a description of the shortcoming as detailed as possible
so that Paytree can respond adequately. respond.
If a complaint about the services performed is justified, Paytree will carry out the work as agreed, unless this has demonstrably become pointless. The latter
must be communicated in writing by the Client.
If it is established that a complaint is unfounded, the costs incurred by Paytree, including investigation costs, shall be entirely for the
account of the Client.
Connectree
Article 36 – Use of the Connectree System
The Client may use the Connectree System for the duration of the Assignment. Furthermore, the Client will use the Connectree System carefully and keep it under control. The Client will take timely effective measures to
prevent damage to the Connectree System. In case of damage to the Connectree System the Client shall promptly notify Connectree in writing.
The Client agrees that damage or loss of the delivered equipment
will be invoiced by Connectree and that this may be immediately deducted from the book balance of the Sub Merchant account that the Client has with the
payment processor.
The Client may not use the Connectree System or any part thereof as collateral or security object against third parties.
The connectivity to be established will be sufficient for the execution of the Agreement.
Client and/or third parties may not connect their own equipment to the Paytree System and/or the Paytree and/or Connectree without prior written consent.
Connectree System.
In case equipment from the Client is connected to the Paytree System and/or Connectree System without prior written consent,
and/or third parties are connected to the Paytree System and/or Connectree System, the Client is fully responsible for the consequences, including damage and
disruptions caused by insufficient bandwidth. Paytree and/or Connectree can never be held liable for these consequences. Paytree and/or Connectree can claim damages from the Client.
.
At an event, the Client and all entrepreneurs at the relevant
event (the Entrepreneurs) may use the Connectree System, under the conditions included in these general terms and the Agreement.
The Client is at all times responsible for the use of the Connectree System by the Entrepreneurs and all resulting liabilities.
The Client may not sublet or use the Connectree System in any other form to anyone other than the Entrepreneurs.
The Client will only (have) use the Connectree System at the location agreed upon by the Parties
(the Location). Connectree will install, assemble, and prepare the Connectree System for use at the Location.
If the Parties agree that Connectree will provide the delivery of the Connectree System and other matters for the execution of the Agreement, then the Client shall provide Connectree with immediate access to the location where the Connectree System and
other matters must be delivered. If the Client fails to comply with this and
this results in waiting time for Connectree, then Connectree may charge this time as working time.
The Client may not wholly or partially change the Connectree System used by him or add anything to the Connectree System (Changes), without
prior written consent from Connectree. Connectree may impose conditions on this consent, such as setting conditions on the manner and quality
of the Changes or increasing the rental or purchase price. The Client must undo or remove Changes before the end of the Agreement, unless
the Parties have agreed otherwise.
The Client has no claim to any compensation, for any reason, in
connection with the Changes made by the Client that have not been undone or removed by or after the end of
the Agreement, for whatever reason.
Article 37 – Maintenance of the Connectree System
Connectree maintains the Connectree System that is present at the Client.
The Client will not maintain the Connectree System himself or have it maintained by a third party.
The Client will report defects in the Connectree System in writing to Connectree immediately after they become known.
Connectree will make every effort to rectify defects in the Connectree
System within a reasonable time to restore, by way of corrective maintenance. Connectree is also entitled to perform preventive maintenance on the Connectree System. carry out, but Connectree is not obliged to do so. The days and times when the
maintenance takes place will be determined in good consultation between the Parties. Where possible, Connectree will allow the Client to carry out
corrective or preventive maintenance.
The following defects are excluded from Connectree’s obligation to repair defects, as mentioned in article 34.4:
engaged third parties can be attributed;
the Connectree System or use contrary to these Terms, the Agreement or other documentation provided by Connectree;
If Connectree repairs or has repaired the defects mentioned above under C to F, then Connectree may charge the associated costs according to the usual
rates of Connectree.
During the maintenance period of the Connectree System, the Client has no right to replacement equipment.
Connectree may always choose to forego maintenance of the Connectree System and replace the Connectree System with similar equipment.
If data is lost due to a defect in the Connectree System or during its maintenance, Connectree will strive to recover or
reconstruct. In such cases, Connectree is not obliged to restore or reconstruct
the data, if this is not reasonably possible. If the loss of data constitutes a data breach under the meaning of the relevant privacy legislation, Connectree will fulfill all its obligations in that framework and assist the Client with its obligations, in accordance
with the Processor Agreement.
Article 38 – Guarantees and complaints
Connectree guarantees the quality of the materials used and the promised
properties and the associated proper functioning of the system provided by Connectree.
delivered Connectree System upon delivery. Connectree will repair any defects in the Connectree System in accordance with article 37.
Connectree only provides a warranty for products purchased elsewhere, if and to the extent that the original manufacturer provides this warranty.
Client is obliged to check the delivered Connectree System immediately upon receipt for any defects and/or missing parts. Client must immediately
notify Connectree upon discovery that the Connectree System is not (entirely)
delivered in accordance with the order. If the Client does not make this notification, then Connectree may assume that the entire Connectree System has been received completely and in good condition by the Client.
Client must report complaints and shortcomings in the other services performed within
two weeks after the invoice date and no later than three weeks after completion of the relevant Services, in writing to Connectree. The notice of default must contain as
detailed a description of the shortcoming as possible, so that Connectree can respond adequately.
If a complaint about the services performed is justified, Connectree will carry out the work as agreed, unless this has demonstrably become pointless. The latter
must be communicated in writing by the Client.
If it is established that a complaint is unfounded, the costs incurred as a result on the part of Connectree, including investigation costs, shall be entirely
at the expense of the Client. Paytree payment solutions info@paytree.nl
+31 85 130 4594
Nijbracht 124
7821 CE Emmen
