for the sale of tickets to public events on the electronic platform Eticket4 (LLC "eticket" 121069, Russia, Moscow, Novinsky Boulevard, 18, building 1, room. 8)
1. DEFINITIONS1.1. Platform – the functionality of the website https://eticket4.com/, owned by LLC "eticket", which allows searching, selecting, booking, entering into contracts of purchase and sale and making payments for the tickets to the Events, which are available on the Platform.
1.2. Customer – a person who sells Tickets owned by him by means of the Platform.
1.3. Commission agent - LLC "eticket" (INN 7704350420 KPP 770401001, located at: 121069, Russia, Moscow, Novinsky Boulevard, 18, building 1, room. 8), a person which undertakes to make one or several deals on its behalf but on account of the Customer, subject to this Commission Contract, on his instruction.
1.4. Ticket – a document, which certifies the right of the owner to visit an Event. A ticket is drafted in accordance with the form set for a specific type of service, a form of strict accountability and can be produced on (i) thermal paper, (ii) the form created by the automated system (System) – “E-ticket”.
1.5. The Event – a cultural and entertainment event, including theatrical performance, circus, concert in a hall, club or in the open air, exhibition, film, festival, show, fashion show, sporting event, tour, as well as any other event, a visit to which is possible only upon presentation of a special document - Ticket (E-ticket).
The nominal value of the Ticket – the price to attend an Event, set by the ticket seller.
1.6. Commission Contract – this public offer of LLC “eticket” (INN 7704350420, KPP 770401001, location: 121069, Russia, Moscow, Novinsky Boulevard, 18, building 1, room 8.) for the use of the Platform, published at the Internet address https://eticket4.com/info/license.
1.7. Commission Fee – funds collected from a Customer by the Commission Agent as payment for the performance of the assigned commission.
1.8. The Commission Order – the order given by the Customer to the Commission Agent to sell the tickets owned by him to the public, executed by publishing information about the Ticket with use of the Platform’s functionality.
1.9. Buyer - a person buying a Ticket by means of the Platform.
2. GENERAL PROVISIONS2.1. This Commission Contract regulates the conditions and procedure for relations between the Parties. The provisions of this Commission Contract shall be deemed accepted by the Customer since the execution of the Commission Order by means of publishing the Ticket on the Platform.
2.3. The terms of this Commission Contract are fully valid and applicable to Customers up to the moment of execution of mutual obligations between the Customer and the Commission Agent.
3. SUBJECT3.1. The Commission Agent undertakes to perform activities on behalf of the Customer aimed at sale of the Tickets belonging to the Customer by means of the Platform’s functionality.
3.2. Subject to the deal for the sale of the Ticket (E-ticket), which is performed by the Commission Agent with the Buyer, the Commission Agent receives rights and becomes responsible, even if the Customer was named in the deal or entered into direct relationship with the Buyer to execute the deal.
3.3. The Customer shall pay to the Commission Agent a fee in the manner and under the conditions specified in this Commission Contract.
3.4. The Customer shall not be responsible for the actions of persons engaged in buying Tickets, as well as for the organization, the fact of holding and contents of the event.
4. PROCEDURE AND CONDITIONS OF ACCEPTANCE4.1. The Customer acknowledges and agrees that prior to making acceptance actions set out in this Commission Contract, he acknowledged himself with the terms of this Commission Contract and other mandatory rules established by the Platform. The User acknowledges and agrees that he fully understood the provisions of this Commission Contract and any other mandatory rules.
4.2. The Customer acknowledges and agrees that all actions (inaction) of its representative(s) are committed with his knowledge, consent and in his interests.
4.3. Acceptance of this Commission Contract is made by the Customer through consistent performance of the following actions:
a) Registration on the Platform;
b) Placement of the Ticket (E-ticket) on the Platform for its sale by executing a Commission Order.
4.4. Performing actions specified in paragraphs 4.3. (a) and 4.3. (b) shall be deemed as Customer’s full and undisputed acceptance of all conditions of this Commission Contract without any exceptions, and (or) restrictions (acceptance) and is equivalent to entering into a contract in writing (clause 3 of Article 434 of the Civil Code of Russia).
5. RIGHTS AND OBLIGATIONS OF THE PARTIES 5.1. The Customer shall have the right to:
a) personally determine the cost of the Ticket published on the Platform, as well as to decide on the adoption of counter-offers from the ticket Buyers by clicking the field "Bargain available" on page of Commission Order execution;
b) change the Commission order within the terms prescribed by the Platform’s functionality before the date of Ticket purchase by the Buyer;
c) revoke the Commission Order at any time before the sale of the Ticket
5.2. The Customer is obliged to:
a) strictly follow the terms of this Commission Contract;
c) place on the Platform only those tickets that belong to the Customer and may be transferred to third parties;
d) use functionality of the Platforms only for its intended purpose, namely: transfer, making changes and tracking Commission Orders, in order to sell the Tickets to the Buyers. It is prohibited to copy, decompile, modify, and make other actions with the program code of the Platform;
e) when placing the Ticket (E-ticket) on the Platform, fairly and fully indicate the information related to the restrictions on the use of the ticket, as well as its characteristics by making marks in the respective sections of the Commission Order. The Commission Agent shall not be responsible for the cases of Tickets return by the Buyers due to the indeed mismatch of the information provided by the Customer;
f) independently calculate the amount of personal income tax and other taxes payable as a result of the ticket sale transaction, to pay them as well as well as to submit the relevant declarations to the tax authorities.
5.3. The Commission Agent shall have the right to:
a) refuse the Customer to use the Platform in the absence of full and unconditional agreement with the terms of this Commission Contract;
b) change the cost of the ticket within the terms specified by the Customer during Commission Order execution;
c) transfer of the cost of the sold Tickets, excluding Commission Fee, within 5 (five) working days after the Event;
d) carry out planned or unplanned modification, replacement, reinstallation of the Platform software, to suspend operation of the software when it detects faults, errors, and (or) failures, as well as for preventive maintenance and the prevention of unauthorized access to the Platform;
e) to unilaterally change the terms of payment and the amount of Commission Fee, and the Customer agrees to promptly and independently monitor these changes by referring to the text of this Commission Contract, published on the Internet: https://eticket4.com/info/commission_agreement
f) The Commission Agent shall have the right to engage third parties to fulfill the commission assigned to him (sub-commission);
e) The Commission Agent shall have the right to return the sold ticket and the price paid for it by the Buyer, if the Customer violates the rules of the Commission Contract, gives invalid description of the Ticket and Ticket restrictions, as well as in case of unlawful publishing of the Ticket on the Platform;
g) If the Commission Agent makes a deal on more profitable conditions than those that were indicated by the Customer, the additional benefit fully goes to the Commission Agent and is shall not be divided between the Customer and the Commission Agent.
5.4. If the Buyer fails to execute a deal with the Commission Agent, the Commission Agent shall immediately notify the Customer about this fact, collect necessary evidence and at the request of the Customer transfer him the rights for such deal in compliance with the rules of the assignment.
5.5. The Commission Agent is not responsible for the operability and (or) security of communication channels used by the Customer, including those used by the Customer to access the Platform https://eticket4.com/.
6. PROCEDURE FOR REPORTING AND PAYMENTS6.1. The amount of Commission Fee is not subject to VAT due to the Commission Agent’s use of the simplified taxation system.
6.2. The Commission Agent shall transfer the cost of the sold Ticket received from the Buyer to the Customer within 5 (five) working days after the Event to the account indicated by the Customer on the Platform. If the Customer doesn’t provide the details of the bank account or indicates incorrect details, the indicated payment term shall be prolonged until eliminating the causes preventing payment. Whereas the rate set by Art. 395 of the Civil Code of Russia and the penalty provided by paragraph 7.2, of this Contract shall not be charged and shall not be paid by the Commission Agent.
6.3. The Commission Agent shall transfer the cost of the sold Ticket excluding the Commission Fee. The obligation for the transfer shall be deemed executed after writing off the funds from the settlement account of the Commission Agent.
6.4. Within 5 (five) working days after the Event the Commission Agent shall forward the Commission Agent’s report to the Customer. The Commission Agent’s report must be sent to the e-mail address of the Customer, indicated on the Platform during registration and is deemed received by the Customer after such sending.
6.5. In case of objections the Customer may forward the reasoned refusal to the Commission Agent within 5 (five) working days after its receipt. If the reasoned refusal wasn’t sent to the Commission Agent within this period the Commission Agent’s report shall be deemed received and the Commission Order shall be deemed executed in full.
7. LIABILITY7.1. In the case of non-performance or improper performance of their obligations under this Commission Contract the Customer and the Commission Agent shall be held liable in accordance with the Russian laws and conditions of this License.
7.2. In case of Commission Agent’s delay to transfer the cost of the sold ticket to the Customer by fault of the Commission Agent, the penalty amounting to 0,01 % shall be accrued on the indicated sum for every day of delay, but not exceeding the cost of the Ticket.
7.3. The Customer accepts all possible risks related to possible errors and mistakes in the provided data, required to register the Ticket (E-ticket), as well as in payment details required for the Commission Agent’s transfer of the cost of the sold Ticket. The Commission Agent shall not be responsible if the remitting bank or the receiving bank will deny to return the cost of the sold ticket transferred by mistake, due to incorrect indication of payment details by the Customer. 7.4. The Customer shall compensate any damage and shall be solely liable in case of uploading on the Platform and executing Commission Order for the sale of the Ticket that is fake, expired, not to be transferred to third parties or registered (used only on presentation of an identity document of the holder).
7.5. The Commission Agent shall not be liable for any damages or moral damages suffered by the Customer due to his false understanding or not understanding of the information about Ticket (E-ticket) registration (payment), and for the receipt and use of the corresponding services provided by the Platform.
7.6. If the ticket has not been delivered to the Buyer by fault of the Customer or due to the Customer’s incorrect indication of the sending location, he shall compensate the Commission Agent all costs related to payment of the delivery services.
7.7. The Parties have agreed that the interest on the debt for the period of utilization of the funds in accordance with Art. 317.1 of the Civil Code of Russia, including the interest for utilization of the funds during payment delay and any advance payments under this contract are not charged. This restriction is applied to the period between the Buyer’s payment for the Ticket and the transfer of the cost for the sold Ticket to the Customer by the Commission Agent.
7.8. The Commission Agent acknowledges and agrees that under no circumstances the Commission Agent, its employees, directors, officers or other related parties, sponsors, agents, representatives, partners or any other persons, including acting on behalf of the Commission Agent, shall be liable for any direct or indirect damages arising from the sale of tickets, as well as due to unauthorized access to personal data of the Customer, including lost profits.
7.9. The Commission Agent shall not be responsible if the Customer uploads on the Platform and executes the Commission Order to sell the Ticket that is fake, expired, not to be transferred to third parties or registered (used only on presentation of an identity document of the holder).
7.10. The Commission Agent under any circumstances shall not assume any guarantee for the execution of the transaction by the Buyer (del credere).
7.11. If the Commission Contract was not fulfilled due to the reasons beyond the control of the Customer, the Commission Agent shall retain the right to the Commission fee, as well as reimbursement of costs incurred.
7.12. The Parties are relieved from liability for failure and (or) improper performance of its obligations under this Commission Contract in the event of force majeure, i.e., circumstances of objective nature, which are out of the will of the Parties and have arisen after entering into contract on the terms of this Commission Contract. The circumstances of force majeure include, in particular, strikes, floods, earthquakes, hurricanes, and other natural disasters and military actions (local and international), the disease and (or) the malaise of artists participating in the Event, as well as man-made and man-made disasters, as well as acts of public authorities and local governments, as well as actions (inaction) of counterparties of the Platform hindering without disproportionate loss the proper performance of the contracts entered under this Commission Contract.
8. DISPUTE RESOLUTION8.1. All disputes or differences arising in connection with the execution and (or) non-performance, and (or) improper performance of the provisions of this Commission Contract shall be settled with mandatory following of complaint procedure. A Party, which believes its rights have been violated, forwards a claim to the other Party in writing with attachment of the duly certified documents, proving the stated requirements, within 5 (five) days after the dispute has arisen. The term for consideration of the claim shall be 30 (thirty) business days from the date of its receipt.
8.2. In case of violation of the term for claim forwarding indicated in paragraph 8.1, such claim shall not be subject to review.
8.3. In case of failure to settle the dispute or disagreement under the procedure established by paragraph 8.1., such dispute (disagreement) shall be subject to review by the competent court at the location of the Commission Agent.
9. ENTRY INTO FORCE, AMENDMENT OF THE LICENSE PROVISIONS9.1. This Contract enters into force from the date of publishing on the Platform and shall be valid before the Platform and the User execute their mutual obligations. The conditions of this paragraph extend the changes and (or) appendixes to the Commission Contract.
9.2. All changes and (or) amendments entered into this Commission Contract are subject to publication in the Platform and enter into force since the moment of publishing of such changes and (or) amendments on the Platform.
9.3. The Platform has the right to make changes to this Commission Contract in any time, but in any case, such changes are published and communicated to the public by publishing at the Internet address: https://eticket4.com/info/commission_agreement. The Customer’s use of the Platform after amendments to the text of this License shall mean compete and unconditional acceptance of the License conditions, as amended.