Ticket Sales Agreement General Terms and Conditions

Effective from 11.09.2023.

These general terms and conditions (hereinafter referred to as “Terms”) apply to SIA First Row Technology, registration No. 40103552768, address: Rūpniecības iela 21/3-29, Riga, LV-1045 (hereinafter referred to as “SELLER”) and the commercial user of the ticket sales store, who is the event organizer or its authorized representative (hereinafter referred to as “BUYER”). The Seller and the Buyer hereinafter each individually referred to as “PARTY”, together “PARTIES”.

1. Subject of the Agreement.

1.1. The BUYER commissions and the SELLER, for a fee, undertakes to provide the service of producing tickets for individual events, selling them, and administering financial resources (hereinafter referred to as the “SERVICE”), based on the terms of this Agreement.

2. Compensation Terms.

2.1. The BUYER pays the SELLER a commission for the SERVICE specified in clause 1.1 of the Agreement, which is expressed as a percentage of the total value of tickets sold for a particular event.

2.2. The commission fee is 0% (zero percent).

3. Settlement Procedure.

3.1. After the Event, according to the event report available in the SELLER’s e-store organizer environment, the BUYER issues an invoice to the SELLER for the sold tickets, sending it to the email address [email protected].

3.2. Upon receipt of the invoice, within 2 (two) working days, the SELLER prepares the Event closure documents:

3.2.1. Final report.

3.2.2. Settlement agreement, if necessary.

3.3. The SELLER makes the payment within 2 (two) working days from the time the parties have accepted the Event closure documents, transferring the corresponding amount to the BUYER’s bank account specified in this Agreement.

3.4. The PARTIES agree to make advance settlements as necessary according to the cash flow report for the specific event available in the e-store organizer environment.

4. SELLER's Rights and Obligations

4.1. The SELLER sells tickets for the specific Event in the e-store www.ticketshop.lv and/or www.ticketshop.ee and/or www.ticketshop.lt and/or www.ticketshop.store in accordance with the terms of the Agreement.

4.2. The SELLER issues the BUYER’s representative with a username, password, and code card for accessing the e-store organizer environment.

4.3. The SELLER is only responsible for the sales process and the accuracy of the report data.

4.4. The SELLER assumes all risks related to the administration of the Event’s cash flow until the money is transferred to the BUYER’s account.

4.5. If the Event is canceled or postponed (venue or time), the SELLER undertakes to repurchase the tickets from consumers. A separate agreement is made for ticket repurchase.

5. BUYER's Rights and Obligations

5.1. The BUYER undertakes to inform consumers about the ticket purchase location during the Event's advertising campaign, using the name “www.ticketshop.lv” and/or “www.ticketshop.ee” and/or “www.ticketshop.lt” and/or “www.ticketshop.store”.

5.2. The BUYER undertakes to settle the received SERVICE in the manner specified in the Agreement.

5.3. The BUYER is responsible for all actions in the e-store organizer environment performed with the username provided to them.

5.4. The BUYER has the right to control the ticket sales process.

5.5. The BUYER undertakes to immediately inform the SELLER about the Event not taking place at the previously scheduled time and/or venue and the reasons for postponing/canceling the Event. Changing the time and/or venue (postponement) of the Event will be considered a cancellation.

5.6. In the event of the Event's cancellation, the BUYER undertakes to return all received advances for the specific event to the SELLER within 10 (ten) working days, so the SELLER can fully repurchase the tickets.

5.7. The BUYER assumes full responsibility for the tickets received as “client tickets”.

5.8. The BUYER undertakes to make all Value Added Tax payments to the relevant country's tax administration authorities if the tickets sold are subject to this tax according to the event's country of occurrence legislation.

6. Other Provisions.

6.1. In case of discrepancies between the Agreement and the Final Report, the Final Report shall be the definitive document for settlements.

6.2. After the Final Report's approval and settlements, no claims for the specific Event will be accepted.

6.3. The Agreement may be amended or supplemented only by mutual agreement of the PARTIES. Any changes or additions to this Agreement are formalized in writing and, after their mutual signing, become an integral part of this Agreement.

6.4. The provisions of this Agreement are binding on the PARTIES and their legal successors in rights and obligations.

6.5. The PARTIES undertake to resolve all disputes and disagreements regarding this Agreement through negotiations, drawing up a protocol thereof.

6.6. Disputes and disagreements that cannot be resolved through negotiations are resolved in the court of the Republic of Latvia.

6.7. In case of a change in details (address, name, legal status, address for sending notifications, etc., as well as data necessary for the fulfillment of the Agreement obligations), the PARTIES shall inform the other PARTY in writing within 3 (three) working days. The SELLER is not responsible for losses incurred if the BUYER has not provided the SELLER with timely information about the details and their changes.

7. Term of the Agreement

7.1. The Agreement is concluded for an indefinite period.

7.2. Either PARTY has the right to terminate the Agreement by informing the other PARTY 30 (thirty) days in advance.

7.3. The Agreement is considered terminated only when the PARTIES have fulfilled their mutual obligations and all payments between them have been fully settled.

8. Force Majeure.

8.1. Neither PARTY is responsible for the non-performance or delay in the performance of the obligations under the Agreement if such non-performance or delay is due to force majeure, which the PARTIES could not foresee, control, or prevent, and for which the PARTIES are not at fault. Force majeure circumstances include natural disasters, fires, warfare, civil unrest, riots, strikes, epidemics, embargoes, energy supply restrictions, government decisions, and similar circumstances beyond the control of the PARTIES.

8.2. The affected PARTY must immediately send a notice (together with any notice or information received about the force majeure) to the other PARTY, informing about the occurrence of force majeure and its consequences, and must make all efforts to mitigate the harmful effects of force majeure.

9. Event and Advertising Material Ranking

9.1. The PARTIES agree that the SELLER’s events and advertising materials in the e-store are placed and ranked as follows:

9.1.1. In the catalog, events are ordered by event date, with events having a sooner date appearing first in the respective catalog category.

9.1.2. The homepage section “Latest” – events are ordered by the time they were added to the sale.

9.1.3. The homepage section “Recommended” – events are ordered by a coefficient calculated using the formula “number of tickets sold” / “total number of tickets available for sale” / “days on sale”.

9.1.4. The homepage's large banner – 5 banner spots are available in rotation, filled in the order of event organizer requests for banner placement.

9.1.5. In the e-store search results, matching events are ordered by event date, with events having a sooner date appearing first.

10. Data Processing

10.1. Within the framework of the Agreement, the PARTIES process data in accordance with the European Parliament and Council Regulation 2016/679 of April 27, 2016, on the protection of natural persons concerning the processing of personal data and the free movement of such data. The terms of the processing of the obtained personal data can be found at: https://ticketshop.lv/en/privacy

11. Intellectual Property Rights

11.1. All intellectual property rights belonging to either PARTY remain with that PARTY after the conclusion of this Agreement. The Agreement does not alter or cancel intellectual property rights.

11.2. The BUYER allows the SELLER to use the intellectual property objects provided by the BUYER. These objects are used in the SELLER’s e-store to sell tickets and promote events. The BUYER confirms that it owns the copyright or other intellectual property rights to the specific work or content, or that it has other legal grounds to use the specific intellectual property object. The BUYER ensures that the intellectual property objects it provides to the SELLER for publication in the e-store and other SELLER information channels do not infringe on third-party intellectual property rights and comply with all applicable laws, including laws on consumer protection and advertising.

11.3. The SELLER allows the BUYER to use its logo and/or name to inform consumers about the specific event and its ticket purchase opportunities.

Commercial Users' Interest and Rights Protection

In accordance with Regulation (EU) 2019/1150, the BUYER, as a user of the SELLER's online ticket sales e-store, has the opportunity to protect their interests and rights through representative organizations and associations. The registry of commercial and corporate website user representation in Latvia is available on the Ministry of Economics website. The Latvian state authority responsible for monitoring online intermediary service providers' compliance with Regulation (EU) 2019/1150 is the Consumer Rights Protection Center of Latvia.