General terms and conditions for using amiando by organizers

In the following, you find the terms of use for the services of amiando. Please respect also our extensive measures to protect privacy - we set a high value on the protection of personal data.

With the registration as an organizer using the services of the amiando AG ("amiando") you (hereinafter referred to as “organizer”) accept – in addition to the terms and conditions accepted by the first registration (hereinafter referred to as "registration terms") – the following terms and conditions for the use of amiando by organizers (hereinafter referred to as "terms"). amiando offers its web-based services under various top-level domains, as well as various sub-domains and aliases of these domains ("amiando-websites") to third parties ("user").
These terms shall govern the contractual relationship between the organizer and amiando, irrespective of which amiando-website the organizer is registered with or logged on to. To use the services of amiando the organizer must be of age.

Should the English version of these terms deviate from the German language version, only the German version shall apply and be binding.

1. Subject Matter

1.1. amiando offers organizers a web-based solution to organize events and meetings, to sell tickets via the amiando-Websites for events of the organizer ("tickets") to customers ("ticket buyer") by using amiando to take on the payment process. In detail amiando provides the following services to the organizer (each "amiando-Service"):

• a web-based software on the amiando-websites to organize events and to sell tickets of the organizer for these events to ticket buyers. The organizer has the possibility to create an own website for her event ("eventsite") and to offer a ticket sale. The ticket buyer can choose and buy the tickets on the eventsite directly.
• a hotline for organizers regarding all questions how to use the amiando-websites by organizers, available on weekdays from 09:00 to 17:00.
• interim reports regarding the transaction volume with tickets.
• payment reminder to ticket buyers, as far as necessary.
• ticket shipment (in accordance with the type of dispatch defined by the organizer.
• accounting for the organizer.
• reimbursement of tickets as afar as necessary.

1.2. Only the user and the organizer of an event are entering into an agreement regarding the event and the disposal of tickets for that event. amiando only acts as a sales agent for the organizer of an event by order and for account of this organizer. It is the organizers’ duty to advise and instruct the ticket buyers of their eventually existing right of objection according to the legal guidelines.

1.3. The organizer authorises amiando hereby for the duration of this agreement to act as an agent by order and for account of the organizer, to sell tickets to the public for events, offered by the organizer on the amiando-Websites, to undertake the payment process wit the ticket buyers and/or their bank and to ship the tickets to the ticket buyers. This authorization also contains the right of amiando to send payment reminder to the ticket buyers.

1.4. The organizer can choose, whether the tickets shall be shipped to the ticket buyers by mail and/or shall be deposited on the venue or shall be sent electronically or if the ticket buyer shall have the choice between these different shipment methods. As far as tickets shall be deposited on the venue the organizer has the right to choose, whether the tickets shall be paid on the venue and/or in advance via amiando.

2. Fees

2.1. The organizer has to determine the base price for his tickets. This base price belongs to the organizer as far as nothing different is stated in these terms. The organizer can choose whether the additional fees payable to amiando (fees for accounting, shipment etc.) are charged on top of this base price or not.

2.2. amiando charges a fee for every ticket sold via the amiando-Websites (“agency-fee”) as stated in the price list published on the amiando-Websites.

2.3. In addition to that amiando charges a fee for accounting tickets according to clause 4 as well as for using the amiando-Websites by the organizer (“ticketing-fee”) as stated in the price list published on the amiando-Websites. The rate of the fee depends by the payment method chosen by the organizer according to clause 4.1. or 4.4.. The ticketing-fee is charged even if the tickets shall be deposited and paid on the venue.

2.4. If amiando shall ship the tickets via mail amiando charges an extra fee for this shipment method (“shipment-fee”). The rate of the shipment-fee depends on the dispatch route and is subject to the price list published on the amiando-Websites.

2.5. In case of a reversed transaction of a ticket sale amiando charges a fee as stated in the price list published on the amiando-Websites.

2.6. The fees payable to amiando according to clauses 2.2., 2.3. and/or 2.4. are even due to pay if the event is cancelled because of reasons amiando is not responsible for.

2.7. As far as nothing different is stated in these terms the fees contain GST. amiando has the right to adapt the fees in case of an increase of GST.

3. Change of an event

If an event for which tickets are sold or already have been sold via amiando shall be cancelled or changed (regarding date, time, venue or other important points) the organizer has to inform amiando immediately once these circumstances have come to his attention in written form.

4. Accounting

4.1. The organizer can choose which payment method(s) (credit card, direct debiting, prepayment, invoice) shall be offered to possible ticket buyers. In accordance to this choice amiando undertakes accounting for the organizer and holds the money on a separate bank account. The organizer authorises amiando to do so.

4.2. amiando is transferring the money received according to clause 4.1. minus the fees payable to amiando according to clause 2 fourteen days after realization of the event at the earliest possible monday to the organizer. The money has to be transferred to a bank account located in the country where the event took place and issued on the name of the organizer. For recurring events, amiando reserves the right to pay out money before the event.

4.3. The organizer is aware of the risk that specific payment methods (direct debiting or credit card) can be reversed by the ticket buyers. The organizer bears this risk alone. If transactions are reversed after the payment to the organizer according to clause 4.2. these costs plus a fee for the reversed transaction as stated in the price list published on the amiando-Websites are charged to the organizer.

4.4. Alternatively to the payment methods defined in clause 4.1. the organizer can choose PayPal as a possible payment method. For this purpose the organizer has to use a PayPal account registered on his name. Payments of the ticket buyers are hereby accounted directly via PayPal. To record and process incoming payments on the PayPal account of the organizer amiando offers a special software interface connected to this PayPal account tracking all incoming payments. After cash receipt on this PayPal account amiando sends the ticket(s) to the ticket buyer. In case of direct payment via this payment method according to clause 4.4. amiando charges the fees payable according to clause 2, fourteen days after the date originally planed for the event.

4.5. The organizer is obliged to raise objections against the accounts of amiando immediately, however at least within four weeks after issue of the account. If not the account is considered as being approved.

5. Reversed transactions

5.1. In case of cancellation of an event or if the ticket buyer reverses the ticket sale because of an other change of the event the organizer hereby authorises amiando to repay the money paid for the tickets including all fees according to clause 2.1. within fourteen days. The organizer hereby authorises to repay the money for the tickets in his name and for his account.

5.2. For this reimbursement process (according to clause 5.1.) the organizer has to pay an extra fee for each ticket. After the reimbursement process – at the latest one year after the date originally planed for the event –amiando is issuing an invoice containing the fees payable to amiando. amiando has the right for interim billing, but no obligation to do so. Money not reimbursed to the ticket sellers within one year is paid to the organizer.

5.3. amiando has the obligation to reimburse tickets sold via the amiando-Websites in the name and by order of the organizer, if

• (i) amiando has the legal obligation to do so; or
• (ii) the reimbursement rate of credit card- or direct debit-payments for this event is above-average, in any case at a reimbursement rate of 2%.

The organizer hereby authorises amiando to repay the money paid for the tickets by the ticket buyers in his name and for his account. For the reimbursement process according to clause 5.3. the organizer has to pay an extra fee for each ticket as stated in the price list published on the amiando-Websites. After the reimbursement process – at the latest one year after the date originally planed for the event –amiando is issuing an invoice containing the fees payable to amiando.

5.4. Clauses 5.1. to 5.3. shall not apply in case of tickets have been paid to a PayPal account of the organizer according to clause 4.4.

6. Prevention against defraud / misusage

6.1. The amiando-Websites offer an extensive security system, in particular to protect organizers against reimbursement of credit card payments. Because of this security system it is possible that – in exceptional cases – some credit card providers may not be accepted.

6.2. If the organizer arouses suspicion of misusage of the amiando-Websites, amiando has the right to deactivate the ticket shop of the organizer and to stop the ticket selling. In particular a suspicion of misusage of the amiando-Websites is on hand, if

• (i) it comes to attention before the event that the event shall not (or not in the way as stated in the ticket shop) take place; or
• (ii) illegal or immoral events shall take place; or
• (iii) the reimbursement rate for this event is above-average, in any case at a reimbursement rate of 2%.

6.3. If the organizer arouses suspicion of misusage of the amiando-Websites, amiando has the right to delay the payout to the organizer according to clause 4.2. even after fourteen days for further 60 days. Within these 60 days amiando will check if an improper use of the amiando-Websites and / or amiando-Services occurred. In particular a suspicion of misusage of the amiando-Websites is on hand, if

• (i) it comes to attention that the event did not (or not in the way as stated in the ticket shop) take place; or
• (ii) illegal or immoral events did take place; or
• (iii) the reimbursement rate for this event is (or was) above-average, in any case at a reimbursement rate of 2%.

If the concerns can not be dispelled within fourteen further days amiando has the right to reimburse the tickets according to clause 5.

7. Liability of amiando

7.1. amiando is liable without limitation for any injury of life, body or health, based on a breech of duty by amiando, its statutory agents or its vicarious agents, as well as for injuries caused by the absence of conditions guaranteed by amiando.

7.2. amiando is liable without limitation for any injury, caused by amiando, its statutory agents or its vicarious agents by intention or gross negligence.

7.3. In case of breech of essential contractual duties with minor negligence the liability of amiando – except in the cases as stated in clauses 7.1. and 7.4. – shall be limited to typical and foreseeable damages. Essential contractual duties shall be duties that have to be fulfilled in order to enter into a contractual relationship.

7.4. The liability of amiando according to the German Product Liability Act shall not be affected.

7.5. The statute of limitation for claims against amiando – except in the cases as stated in clauses 7.1., 7.2. and 7.4. – shall be one year.

7.6. The statute of limitation for other claims based on the liability for defect shall be one year.

8. Warranty of the organizer

The organizer warrants amiando, that (i) there is no agreement between the organizer and a venue, or the owner or user of a venue, or a third party, which affects the organizer to use the amiando-Services in accordance to these terms, (ii) the organizer is allowed to enter into this agreement with amiando, including the right to authorize amiando in accordance to these terms to act as an agent and to sell tickets for events of the organizer.

9. Duties of the organizer

9.1. The organizer has the duty to inform amiando immediately about unavailability or malfunctions of the amiando-Websites.

9.2. The organizer has the duty to use the amiando-Services in accordance with German laws and the rights of third parties. In particular it is the duty of the organizer to comply with the competition law, the data protection laws, the laws regarding consumer protection as well as to respect the intellectual property of third parties. The organizer will indemnify amiando and/or its employees from any claims of third parties based on the illegal use of the amiando-Services by the organizer. The obligation to indemnify also includes the costs for legal assistance.

9.3. The organizer has the obligation to inform amiando immediately about every change of his name, company name, address, legal form or bank details in written form or via E-Mail.

9.4. The organizer shall not use the amiando-Services for illegal or immoral events such as right wing extremist, pornographic, or violent events.

10. Duration

Furthermore amiando has the extraordinary right to cancel this agreement regarding the provision of amiando-Services in case of an important reason. In particular such an important reasons shall exist, if

• (i) the organizer has contravened against important provisions of these terms, in particular clauses 8 or 9; or
• (ii) the organizer has filed for bankruptcy, insolvency proceedings have been started or the start of the insolvency proceedings has been dismissed in default of assets; or
• (iii) circumstances occur that the organizer can not fulfil his contractual obligations against amiando or third parties in default of assets, and – in addition – the organizer gives no proof of sufficient assets within 30 days after request by amiando to do so.

11. Final Provisions

11.1. amiando reserves the right to change these terms at any time, without giving reasons, unless this is unreasonable to the organizer. amiando shall give due notice of any amendments of these terms to the organizer. If the organizer does not object to the applicability of the revised terms within two weeks after receipt of said notice, the amended terms shall be deemed to be accepted by the organizer. amiando shall inform the organizer about the organizer 's right to object and of the relevance of the objection deadline in said notice.

11.2. Terms with regulations to the contrary shall not apply.

11.3. The set-off against accounts receivable is only allowed with legally assessed or undisputed demands of the organizer. This shall also apply on the possible right of retention of the organizer.

11.4. Unless otherwise stated in these terms, the organizer may submit all notices to amiando using the contact form provided on each of the amiando-websites, or by letter or fax. amiando may send notices to the organizer by E-Mail to the address given in the organizer’s current contact data in his or her user account.

11.5. If any provision of these terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.

11.6. Should these terms deviate from the registration terms, only these terms shall apply and be binding.

11.7. The place of performance and the place of jurisdiction – insofar as legally admissible – shall be Munich.

11.8. These terms and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.

Updated: 7. December 2007