This document sets out terms and conditions (Conditions) of registering for an online account for access to and use of an online platform of services (Account), provided by Tickets and Gigs, for the uses of creating, listing and promoting events for which you are selling tickets (Event) (Services).

Tickets and Gigs is referred to in these Conditions as “Tickets and Gigs”, “us”, “we” or “our”.
“You” or “yours” means the person (which includes a natural person, corporate or unincorporated body in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns) who uses our Platform and Services as an event organiser or event promoter.
These Conditions are subject to variation from time to time. Variations will be notified on our website www.ticketsandgigs.com (Website). The latest version of these Conditions will be available on our Website.

1. Application of these Conditions

1.1 These Conditions apply to the provision of the Account and the Services by us to you. They supersede any previously issued terms and conditions of supply.

1.2 No variation of these Conditions shall be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of us.

1.3 Your Account may be withdrawn or amended by you by writing to us or emailing us at info@ticketsandgigs.com.

1.4 We may accept or reject your application for an Account at our discretion. Your application for an Account shall not be accepted until the earlier of:

1.4.1 Our written acceptance of your application for an Account; or

1.4.2 Tickets and Gigs providing the Services or notifying you that they are ready to be provided (as the case may be).

1.5 We may request various information for identity purposes. You shall fully cooperate with such requests and provide the requested information immediately.

1.6 We may issue quotations to you from time to time. Quotations are invitations to treat only. They are not an offer to supply Services and are incapable of being accepted by you.

1.7 Marketing and other promotional material relating to the Services are illustrative only and do not form part of the Contract.

1.8 Our acknowledgment of your application for the Account does not mean that your application has been accepted.

2. Fees

2.1 Our fees for our Services shall be as set out in the [ ] or, in default of such provision, shall be calculated in accordance with our standard fees, which can be reviewed at [www. ].

2.2 Our fees may include:

2.2.1 Service fees;

2.2.2. Processing fees; and

2.2.3 Any additional costs incurred by you.

2.3 You shall pay any applicable VAT to us on receipt of a valid VAT invoice.

2.4 We may increase our fees at any time by giving you not less than [15] Business Days’ notice in writing.

2.5 Notwithstanding clause 2.4, we may increase our fees with immediate effect by written notice to you where there is an increase in the direct cost to us of supplying the relevant Services.

3. Payment

3.1 We shall invoice you for the Services at any time.

3.2 You shall pay all invoices:

3.2.1 within 30 days of the date of the invoice;

3.2.2 in full without deduction or set-off; and

3.2.3 to the bank account nominated by us.

3.3 Time of payment is of the essence. Where sums due under these Conditions are not paid in full by the due date:

3.3.1 we may suspend the Account;

3.3.2 we may suspend performance of the Services;

3.3.3 we may, without limiting our other rights, charge interest on such sums at 4% a year above the base rate of the Bank of England from time to time in force, and

3.3.4 interest shall accrue on a daily basis and apply from the due date for payment until actual payment in full, whether before or after judgment.

4. Performance

1.1 Time of performance of the Services is not of the essence.

1.2 We shall not be liable for any delay in or failure of performance.

1.3 We shall provide the Services at our discretion and may alter and remove the Services without notice.

1.4 We do not guarantee that your Event tickets will sell.

1.5 We do not guarantee that your Event tickets will appear in any search engine results or on any other platforms including websites, social media and print.

1.6 You warrant that you have provided us with all relevant, full and accurate information as to your business and needs.

1.7 Except as set out in this clause 4:

1.7.1 Tickets and Gigs gives no warranty and makes no representations in relation to the Account or the Services; and

1.7.2 all warranties and conditions (including the conditions implied by ss 12–16 of the Supply of Goods and Services Act 1982), whether express or implied by statute, common law or otherwise are excluded to the extent permitted.

2. Ticket proceeds

2.1 You shall confirm the sale price of your tickets in your [order form] and this will be the amount due back to you on the sale of your tickets using our Services (Proceeds).

2.2 Tickets and Gigs accept the following methods for collecting Proceeds on the sale of tickets (Collection Method):

2.2.1 Collection of the Proceeds on each sale of an Event ticket;

2.2.2 Collection of the Proceeds on the sale of all of the available Event tickets;

2.2.3 Collection of the Proceeds on completion of the Event.

2.3 You shall confirm your Collection Method and suitable bank account details for our payment of the Proceeds to you, in your [order form].

2.4 Notwithstanding your obligations under these Conditions, the Collection Methods are subject to obligations set out at clauses 8.6 – 8.8 inclusive.

2.5 You agree that we will act as your limited payment collection agent solely for the purpose of accepting funds from consumers on your behalf, for the tickets sold by you.

2.6 In acting as your limited payment collection agent, we will have no liability for any acts or omissions by you.

2.7 You agree that our obligation to pay you the Proceeds of any Event tickets is subject to and conditional upon successful receipt of the associated payment from consumers.

2.8 You agree that our obligation is to pay you the Proceeds only, subject to clause 5.7. We are not obliged to distribute to you any other costs that we may collect from consumers.

2.9 On receipt of the Proceeds and subject to the Collection Method confirmed by you, we will credit your chosen account, in accordance with clause 5.3, with the Proceeds within [5 business days].

2.10 We may delay or refuse the release of any Proceeds to you if:

5.10.1 In accordance with clause 8.3, 8.4 or 8.5, a consumer is due a refund;

5.10.2 You are in breach of these Conditions;

5.10.3 The Proceeds are subject to a chargeback or reversal;

5.10.4 We are owed any sums by you under these Conditions or any other contract which we have with you.

5.11 We shall not have any liability in regard to any Proceeds that are subject to a chargeback or reversal.

5.12 You agree that any penalties, fees and expenses incurred by Tickets and Gigs as a result of any chargebacks or reversals shall be reimbursed by you, except to the extent that they are caused by our negligence or wilful misconduct.

3. Provision of tickets

3.1 On the purchase of an Event ticket by a consumer, you agree to be contractually bound to that consumer, to provide a physical or electronic ticket, for entry to the associated Event.

3.2 You shall provide any purchased Event tickets to the consumer reasonably in advance of the associated Event.

3.3 If an Event is rescheduled or relocated, you shall ensure the provision of valid physical or electronic tickets to any consumer who has not claimed for a refund of the Proceeds, in accordance with clause 6.2.

4. Events

4.1 You shall ensure that all information including listings and promotional material in regard to your Event (Advertisements) is at all times correct and accurate and in compliance with all applicable laws and regulations.

4.2 You shall ensure that Advertisements are not unlawful, libellous, defamatory, pornographic, socially acceptable or insensitive.

4.3 We may publish the Advertisements on the Website and various other platforms including social media, belonging to us and our affiliates.

4.4 You shall notify us immediately in writing of:

7.4.1 any breach of clause 7.1 or 7.2;

7.4.2 any changes to the Advertisements.

4.5 We may reject or cancel any Advertisements at our absolute discretion with immediate effect.

4.6 You shall provide correct and accurate information to all consumers.

4.7 You shall make your Event terms and conditions and refund policies, if any, available to us before posting any Advertisements to us for publishing on the Website and other platforms belonging to us and our affiliates.

4.8 You shall make your Event terms and conditions and refund policies, if any, available to consumers via your Advertisements and platforms belonging to you, including websites, social media and print.

4.9 You shall provide fair and reasonable terms of conditions and refund policies, if any, to us and all consumers.

5. Changes, cancellations and refunds

1.1 You shall inform us of any changes to your Event immediately, including but not limited to cancellation, postponement, changes to the date, time, location and performers.

1.2 You shall ensure that all Advertisements of your Event are updated of any changes immediately.

1.3 if a consumer is due a refund under the terms of your refund policy, we shall only process the refund if we hold the Proceeds from that consumer.

1.4 If your Event is subject to Tickets and Gigs’ refund policy, as available on the Website, we shall only process refunds that are due if we hold the Proceeds from that consumer.

1.5 If your Event is cancelled, we shall:

1.5.1 Remove any Advertisements published on the Website and other platforms belonging to us and our affiliates.

1.5.2 Cease the payment of any Proceeds to you.

1.5.3 Refund any consumers we hold Proceeds for.

1.6 If your Event is cancelled and you have already received the Proceeds in accordance with the Collection Method at clause 5.2.2, you agree to accept all liability and responsibility for any consumer refunds in relation to your Event, including for but not limited to cancellations and material changes to the Event.

1.7 If your Collection Method is in accordance with clause 5.2.1, you agree to accept all liability and responsibility for any consumer refunds in relation to your Event, including for but not limited to cancellations and material changes to the Event.

1.8 Tickets and Gigs shall have no liability in connection to your communications or arrangements with consumers.

1.9 Tickets and Gigs shall have no liability in connection to your terms and conditions and refund policies.

2. Indemnity and insurance

2.1 You shall indemnify, and keep indemnified, us from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under these Conditions.

2.2 You shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover your obligations under these Conditions. On request, you shall supply, so far as is reasonable, evidence of the maintenance of the insurance and all of its terms from time to time applicable. You shall on request assign to us the benefit of such insurance.

3. Limitation of liability

The extent of the parties’ liability under or in connection with these Conditions (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 10.

3.2 Subject to clause 10.5 , Tickets and Gigs’ total liability shall not exceed the sum of £[100].

3.3 Subject to clause 10.5 , Tickets and Gigs shall not be liable for consequential, indirect or special losses.

3.4 Subject to clause 10.5 , Tickets and Gigs shall not be liable for any of the following (whether direct or indirect):

3.4.1 loss of profit;

3.4.2 loss or corruption of data;

3.4.3 loss of use;

3.4.4 loss of production;

3.4.5 loss of contract;


3.4.6 loss of opportunity;

3.4.7 loss of savings, discount or rebate (whether actual or anticipated);

3.4.8 harm to reputation or loss of goodwill.

3.5 Notwithstanding any other provision of these Conditions, the liability of the parties shall not be limited in any way in respect of the following:

3.5.1 death or personal injury caused by negligence;

3.5.2 fraud or fraudulent misrepresentation;

3.5.3 any other losses which cannot be excluded or limited by applicable law.

4. Confidentiality and announcements

4.1 You shall keep confidential all confidential information of Tickets and Gigs and of any affiliate of Tickets and Gigs. The provisions of this clause shall not apply to:

4.1.1 any information which was in the public domain at the date of your registration and duration of your Account with Tickets and Gigs;

4.1.2 any information which comes into the public domain subsequently other than as a consequence of any breach of these Conditions or any related agreement;

4.1.3 any information which is independently developed by you without using information supplied by Tickets and Gigs or by any affiliate of Tickets and Gigs; or
any disclosure required by law or a regulatory authority or otherwise by the provisions of these Conditions

4.2 This clause shall remain in force in perpetuity from the date of registration of your Account.

4.3 You shall not make any public announcement or disclose any information regarding this agreement, except to the extent required by law or regulatory authority.

5. Personal data

5.1 The parties acknowledge and agree that if there is a data processing of personal data as defined in data protection laws, the parties may be required to enter into a separate data processing agreement.

5.2 The parties agree to comply with their respective obligations under data protection laws.

5.3 You shall indemnify and keep indemnified Tickets and Gigs against all losses, claims, damages, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, compensation paid to Data Subjects, demands and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a supervisory authority) arising out of or in connection with any breach by you of your obligations under this clause 12.

6. Force Majeure

6.1 Force Majeure means an event beyond either party’s reasonable control including without limitation act of God, insurrection or civil disorder, war or military operations (or threat thereof), act or threatened act of terrorism, national or local emergency, acts or omissions of government, highway authority or other competent authority, compliance with any statutory obligation or executive order, industrial disputes of any kind (whether or not involving either party’s employees), fire, lightning, explosion, flood, subsidence, weather or exceptional severity and acts or omissions of persons for whom neither party is responsible which event is not foreseeable and could not have been reasonably avoided.

6.2 A party shall not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:

6.2.1 promptly notifies the other of the Force Majeure event and its expected duration; and

6.2.2 uses best endeavours to minimise the effects of that event.

6.3 If, due to Force Majeure, you:

6.3.1 are or shall be unable to perform a material obligation; or

6.3.2 are delayed in or prevented from performing your obligations for a continuous period exceeding 14 days or a total of more than 30 days in any consecutive period of 60 days;

Tickets and Gigs may terminate the Account on immediate notice.

7. Termination

7.1 We may terminate the Account at any time by giving notice in writing to you if:

7.1.1 you commit a material breach of these Conditions and such breach is not remediable;

7.1.2 you commit a material breach of these Conditions which is capable of being remedied and such breach is not remedied within 14 days of receiving written notice of such breach;

7.1.3 any consent, licence or authorisation held by the you is revoked or modified such that you are no longer able to comply with your obligations under these Conditions or receive any benefit to which it is entitled;

7.1.4 any of the events listed in this clause 14.1.4 occur in respect of you:

14.1.4.1 being an individual, becomes subject to a bankruptcy order or has an interim receiver appointed to their property; or

14.1.4.2 being a company or limited liability partnership, enters into liquidation, whether compulsory or voluntary, otherwise than for amalgamation or reconstruction of a solvent entity or enters into administration or has a receiver appointed over all or any part of its assets; or

14.1.4.3 enters into or makes a proposal to enter into any voluntary arrangement pursuant to the Insolvency Act 1986 or any other arrangement or composition for the benefit of their creditors; or

14.1.4.4 becomes subject to any procedure for the taking of control of their goods by another; or

14.1.4.5 where a party consists of more than one person, if and whenever any of the events referred to in this subclause 14.1.4 appends to any one or more of them; or

14.1.4.6 is subject to any events or circumstances analogous to those in clauses 14.1.4.1 to 14.1.4.5 in any jurisdiction.

7.2 We may terminate your Account at any time by giving notice in writing to you if you:

7.2.1 stop carrying on all or a significant part of your business, or indicate in any way that you intend to do so;

7.2.2 are unable to pay your debts either within the meaning of section 123 of the Insolvency Act 1986 or if we reasonably believe that to be the case;

7.2.3 become the subject of a company voluntary arrangement under the Insolvency Act 1986;

7.2.4 have a receiver, manager, administrator or administrative receiver appointed over all or any part of your undertaking, assets or income;

7.2.5 have a resolution passed for your winding up;

7.2.6 have a petition presented to any court for your winding up or an application is made for an administration order, or any winding-up or administration order is made against you;

7.2.7 are subject to any procedure for the taking control of your goods that is not withdrawn or discharged within seven days of that procedure being commenced;

7.2.8 have a freezing order made against you;

7.2.9 are subject to any recovery or attempted recovery of items supplied to you by a supplier retaining title to those items;

7.2.10 are subject to any events or circumstances analogous to those in clauses 14.2.1 to 14.2.9 in any jurisdiction;

7.2.11 take any steps in anticipation of, or have no realistic prospect of avoiding, any of the events or procedures described in clauses 14.2.1 to 14.2.10 including giving notice for the convening of any meeting of creditors, issuing an application at court or filing any notice at court, receiving any demand for repayment of lending facilities, or passing any board resolution authorising any steps to be taken to enter into an insolvency process.

7.3 For the avoidance of doubt, we may terminate your account at any time by giving notice in writing to you if you commit a breach of clause 6 or 7.

7.4 We may terminate your Account at any time by giving not less than four weeks’ notice in writing to you if you undergo a change of control or if it is realistically anticipated that you shall undergo a change of control within two months.

7.5 Termination of your Account shall not affect any accrued rights and liabilities Tickets and Gigs at any time up to the date of termination.

8. Notices

8.1 Any notice or other communication given by a party under these Conditions shall:

8.2 be in writing and in English;

8.3 be signed by, or on behalf of, the party giving it (except for notices sent by email); and

8.4 be sent to the relevant party at the address set out in these Conditions.

8.2Notices may be given, and are deemed received:

8.2.1 by Royal Mail Recorded Signed For post: at 9.00 am on the second Business Day after posting;

8.2.2 by Royal Mail International Tracked & Signed post: at 9.00 am on the fourth Business Day after posting; and

8.2.3 by email: on receipt of a read receipt email from the correct address.

8.3 Any change to the contact details of a party as set out in the Conditions shall be notified to the other party in accordance with clause 15.1 and shall be effective:

8.3.1 on the date specified in the notice as being the date of such change; or
8.3.2 if no date is so specified, two business days after the notice is deemed to be received.

8.4 All references to time are to the local time at the place of deemed receipt.

8.5 This clause does not apply to notices given in legal proceedings or arbitration.

9. Cumulative remedies

The rights and remedies provided in these Conditions for Tickets and Gigs only are cumulative and not exclusive of any rights and remedies provided by law.

10. Time

Unless stated otherwise, time is of the essence of any date or period specified in these Conditions in relation to your obligations only.

11. Further assurance

You shall at the request of Ticket and Gigs, and at your own cost, do all acts and execute all documents which are necessary to give full effect to these Conditions.

12. Entire agreement

12.1 The parties agree that the Conditions constitute the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

12.2 Each party acknowledges that it has not entered into these Conditions in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Conditions. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in these Conditions.

12.3 Nothing in these Conditions purports to limit or exclude any liability for fraud.

13. Variation

No variation of this agreement shall be valid or effective unless it is in writing and is duly signed or executed by, or on behalf of, the parties.

14. No partnership or agency

The parties are independent persons and are not partners, principal and agent or employer and employee and these Conditions do not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party's behalf.

15. Equitable relief

You recognise that any breach or threatened breach of these Conditions may cause Tickets and Gigs irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to us, you acknowledge and agree that Tickets and Gigs is entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.

16. Severance

16.1 If any provision of these Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Conditions shall not be affected.

16.2 If any provision of these Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.

17. Waiver

17.1 No failure, delay or omission by Tickets and Gigs in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.

18. Compliance with law

You shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to it and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with these Conditions.

19. Governing law

These Conditions and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.

20. Jurisdiction

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Conditions, its subject matter or formation (including non-contractual disputes or claims).