Tonic Ticketing Product Specific Terms

These Product Specific Terms are supplementary to the Core Terms and apply where You buy Tonic Ticketing from Us. They form part of the Agreement. Where a capitalised word is used in these terms but is not defined here, it has the meaning given to it in the Core Terms.

1. Definitions

Customer — the individual or corporate entity that uses the Website to purchase a Ticket.

Event(s) — UK ticketed events run directly by You during the Term.

Inside Commission Fee — 20% of the face value of each ticket sold via the Website.

Launch Date — the date on which tickets go on sale to the public.

Price — the price of a Ticket, as agreed in writing between the parties.

Rebate Payments — the percentage of the booking fee paid to You under the relevant Order.

Ticket — a ticket for an Event allowing a Customer entry into an Event.

Website — www.designmynight.com or such other URL as We may determine from time to time.

Your Trademarks — Your trademarks, trade names, service marks, slogans, designs, distinctive advertising, labels, logos and other trade-identifying materials.

2. Our obligations

2.1 Nothing in this Agreement prevents Us from selling tickets to any other event.

2.2 We will sell Tickets for Events at the Price and collect all revenues through Our own online merchant and bank account. We warrant that the Website is secure, fit for purpose and complies with all applicable laws, regulations, rules and guidance issued by any relevant authority.

2.3 We will keep materially true and accurate records of Ticket sales, make them available to You, and keep You reasonably informed about Our activities to promote Tickets to Events.

2.4 We will not make any representation about an Event that is greater in scope than You have provided to Us. In relation to the licence in clause 3.2, We will comply with Your then-current trademark usage and style guidelines as You notify them to Us from time to time.

3. Your obligations

3.1 You will promptly supply Us with: (a) all relevant information about Yourself and the Events (including terms and conditions relating to Tickets and Events) needed for Us to carry out Our obligations; and (b) any other information about the Events that We reasonably request to provide the Service.

3.2 You grant Us a personal, royalty-free, non-exclusive, non-transferable licence to use Your name and/or Your Trademarks as part of, and in order to, provide the Service.

3.3 You will maintain professional indemnity insurance for all Your Events during the Term (and for 12 months afterwards) in line with standard industry practice, and provide proof to Us on request.

3.4 You will only direct potential Customers to the Website and Service from Your own website, social media and mail-outs, and will not direct them to any other ticketing organisation. You will use Our ticket widget/link on Your website. If You do not comply with this clause, We can charge You an Inside Commission Fee and (at Our sole discretion) reclaim the value of the Rebate Payments.

3.5 You will pay Our invoices for ticket refunds issued under section 4. We will invoice monthly for refunds processed in the prior month.

3.6 You will indemnify Us and hold Us harmless from all claims, costs, proceedings, damages and expenses (including legal and other professional fees) awarded against, incurred or paid by Us in connection with any claim relating to an Event as a result of a breach of the British Code of Advertising Practice or any other code under the general supervision of the Advertising Standards Authority.

4. Ticket refunds

4.1 You acknowledge that We may issue a refund to Customer(s) for any or all Tickets at any time during the Term if: (a) We receive complaints from a substantial number of Customers (as We determine in Our sole discretion) about the Event; (b) We determine, in Our sole discretion, that You have engaged in inappropriate or fraudulent activity or made misrepresentations; or (c) a Customer requests a refund in accordance with their statutory rights (including during a cooling-off period or where the Event is cancelled).

4.2 If We have already paid You the related revenue for affected Tickets or Customers, You will reimburse Us within 30 days of Our written request.

4.3 You warrant that You either own the Trademarks or are requesting use in accordance with the Trademark owner's terms, and that Our performance under this Agreement does not and will not infringe any third party's Intellectual Property Rights.

4.4 You will indemnify Us and hold Us harmless from all claims, costs, proceedings, damages and expenses (including legal and other professional fees) awarded against, incurred or paid by Us in connection with any claim made against Us by a Customer relating to an Event, as a result of Your breach, negligent performance, or failure or delay in performing Your obligations under this Agreement.