General Conditions.

Fine print and legal language. We’re not big fans either. But it does clarify how we work together. In short, it's about how we try our best to serve you. And how you, an organiser, use our system in the right way and with the best intentions.

There it goes..

1. Definitions

In these General Terms and Conditions:

a. Account: a digital account created by Stager for the Client on a secure part of Stager's website with which the Contact Person can use the login code to make use of the System and request and / or implement changes, and where the General Terms and Conditions, the Agreement, reports and the following details of the Client are kept: name of the organization, bank account number (IBAN), invoicing (email) address, involved (sub) domain name, the name of the Contact Person, the Chamber of Commerce number and, optionally, the VAT number.

b. Terms and Conditions: These General Terms and Conditions from Stager.

c. The Visitor: the natural person or legal body who purchases a Ticket from the Client for an Event via the System.

d. Contact Person: the employee(s) appointed by the Client, the owner and / or the director of the Client who is authorised to log into the Account and manage it.

e. Services: the provision of the System by Stager via the internet including the management, maintenance and hosting thereof, as well as the development of new versions of the System, whereby (new) components of the System are not developed or maintained specifically for the Client.  

f. Event: the public or private event organized by or on behalf of the Client, in which music, art, culture, sport and / or science are central.

g. Extra Services: services provided by Stager, not being the Services defined in point e.

h. Log-in code: a unique access code that enables the contact person to access the system together with the user name.

i. Client: the natural person or legal body who acts in the course of his/her  profession or business with whom Stager has entered into an Agreement for the delivery of Services.

j. Agreement: the agreements set out in a (digital) form, document or other manner on the basis of which Stager provides the Services and / or Extra Services referred to therein to the Client.

k. Stager: the private company with limited liability Stager B.V., established and having its offices at (3013 AB) Rotterdam at Delftsestraat 11, the Netherlands, registered under number 55142648 at the Chamber of Commerce and VAT number NL851582953B01.

l. Foundation: the Stichting (Foundation) Beheer Derdengelden Stager Ticketing associated with Stager, registered under number 64058476 with the Chamber of Commerce at (3013 AB) Rotterdam at Delftsestraat 11 in the Netherlands that receives payments from Visitors and then pays Clients.

m. System: the platform made available by Stager to the Client online for the planning and marketing of events to be organized by or on behalf of the Client, the management of its relations, and the sale of Tickets.

n. Ticket(s): the admission ticket of an Event organized by or on behalf of the Client that is offered to Visitors by means of the System by the Client.

o. Rates: the agreed fee per transaction, or reimbursement per ticket, or fees for the use of an extensive package of Services, or (hourly) rates for the delivery of specific Services.


2. Applicability of the General Terms and Conditions and the Conclusion of the Agreement

a. These General Terms and Conditions apply to all offers and agreements whereby Stager delivers products and Services of whatever nature to the Client, including the use of the System by the Client, even if these products and / or services are not (further) described in these General Terms and Conditions.

b. In addition to these General Terms and Conditions, the Data Processing Agreement is also added to and included in these General Terms and Conditions for reference. The Data Processing Agreement can be consulted here (https://stager.nl/en/data-processing-agreement/).

c. Stager expressly rejects the applicability of any other (general) conditions of the Client and / or third parties, the Agreements are subject exclusively to these General Terms and Conditions. Parties can only agree on changes to the General Terms and Conditions in writing.

d. Agreements and the changes thereto are realised at the moment that the Client has followed the steps required for notification or change, has correctly and completely filled in all the information requested, and Stager has sent the Client the electronic confirmation that the request or change has been accepted. Stager can reject an application or proposed change without stating reasons.

e. The Client will provide all information requested by Stager, fully and truthfully and will amend changes to this data as soon as possible in the Account; both online and offline. Stager uses the email address provided by the Client to send information to the Client. The risk of not receiving communication due to imperfections in the e-mail address or the otherwise non-functioning of the e-mail facility of the Client rests with the Client.

f. Stager is not obliged to check the correctness and completeness of the data provided by the Client and Visitors and is therefore not liable for the consequences of the use of the incorrect and / or incomplete information provided by the Client and / or Visitors.


3. Object of the Agreement

a. Stager offers the Client the opportunity to use the System for the planning of Events, the management of relations and the sale of Tickets to Visitors for Events and related Services to be organized by the Client. Stager offers its Clients the choice between different Services. The specific Services and associated price of the package chosen by the Client are set out in the Agreement and the Account.

b. The sale of Tickets by the Client to Visitors takes place via the System. Stager is expressly not a party in this sales transaction. There is therefore only an agreement between the Client and the Visitor. The Client shall clearly communicate to Visitors that every agreement relating to the purchase and sale of Tickets is exclusively between the Client and Visitors. Stager is entitled to present the conditions of the Terms of Use to Visitors on behalf of the Client.


4. Duration and Termination of the Agreement

a. The Agreement is entered into for a period of one (1) year, unless the Client and Stager have agreed a different timeframe and this has been laid down in the Agreement. The period is tacitly renewed each time for a period of one (1) year, unless the Client or Stager terminated the Agreement in writing at the latest one (1) month before the end of the extension period. In the event of late cancellation by the Client, a fee will be due by Client to Stager over the entire extended period, based on the forecasts issued by the Client of the number of Tickets that would have been sold in the remaining term, and the applicable Rates.

b. By using his / her Account, the Client can alter the set of Services he /she chooses, as referred to in Article 3a of the General Terms and Conditions into a more extensive package ("Upgrade"), or in a more limited package ("Downgrade"). The associated Services and price increase as a result of an Upgrade will be introduced by Stager as soon as possible. The adjustment of the Services and the price reduction of a Downgrade will be implemented by Stager with effect from the next calendar month.

c. The Client grants Stager the exclusive right during the term of the Agreement to perform the electronic sale of Tickets for the Client.

d. The Client and Stager will do their best efforts to provide the public sale of Tickets via the Stager System as soon as possible after the conclusion of the agreement, unless otherwise agreed.

e. New Clients can choose to first test the System during a trial period of two (2) weeks. During this trial period, the functionality of the System is limited and the Client can not offer Tickets through the System, nor receive any monies.

f. In addition to what has been stipulated elsewhere in these General Terms and Conditions, and in addition to the statutory options, a party can:

1. without any reminder or notice of default being required, dissolve the Agreement out of court by means of a registered letter, if the other party is declared bankrupt, (provisional) suspension of payment has been applied for or granted by that party, dissolution or liquidation of a company takes place other than for the purpose of merging companies, the business activities are terminated or moved outside the European Union, is imposed by executory attachment, is placed under administration or curatorship or on reasonable grounds is no longer able to fulfill the obligations under the Agreement;

2. dissolve the Agreement out of court by means of a registered letter, if the other party fails to comply with an agreed obligation and after written notice of default for more than fourteen days still fails to fulfill its obligations;

g. In addition to the provisions stated elsewhere in these General Terms and Conditions and the statutory options, Stager is entitled to block the Client from fully or partially accessing the System or to dissolve the Agreement if:

1. the Client uses the System for a purpose other than that for which Stager has made the System available to the Client in accordance with the agreements made, or if the Client stores, processes, or otherwise imports data with the aid of the System that is unlawful or manifestly unlawful towards third parties;

2. the Client tries to make changes to the System themselves or with the help of third parties in any way whatsoever;

3. the Client uses the System directly or indirectly to enter into agreements with Visitors that are contrary to the law, morals or public order, or to enter into agreements with Visitors that are qualified by content or scope as offensive or fraudulent, which is exclusively at the discretion of Stager.


5. Access to the Account, Login code and Reports

a. The Login codes provided by Stager to the Client are not transferable, strictly personal and exclusively for use by Contact Persons or persons designated by Contact Persons for the benefit of the Client's organisation. The Client must ensure that the Contact Person who obtains a Login Code is authorised by the Client and is aware of the obligations under the Agreement. The Client is responsible for the confidentiality and careful use of the Login Codes by Contact Persons and their compliance with this Agreement.

b. The Client shall take effective security measures to prevent unauthorised access to the System.

c. The Client is responsible for each and every use, with or without his / her permission through his / her internet access and / or Login codes, of the System. 

d. In the event of loss and / or unauthorised use of the Login code(s) and / or Account, or if there is a presumption of this, the Client must immediately block the relevant Login code(s).

e. Stager is entitled to block the Login code if they have a strong suspicion, or knows that, the Login code is used in violation of the Agreement. Stager will inform the Client in these cases. Stager is not liable for damage suffered by the Client resulting from the blocking, use or loss of the Login code(s). The payment obligation continues to exist during the period of blocking.

f. Through the Account, Stager provides the Client with insight into the volume and status of the sale of Tickets via the Client to Visitors. Every separate transaction between the Visitor and the Client can be viewed by the Client through his Account.

g. Invoicing,  provision of reports and announcements, and other communication between Stager and the Client takes place via email and / or publication on the Account.

h. The Client undertakes to provide Stager with all data Stager requires for the performance of the Agreement and the optimal functioning of the System, in a manner to be specified by Stager.


6. Use of the System

a. The Client is liable if the System is not used by its Contact Person, employees and Visitors in accordance with the Stager Terms of Use as published on https://stager.nl/en/terms-of-use.

b. The Client is responsible for the availability and functioning of (any additional) equipment used by him / her, the configuration and maintenance of the internet connection and the integration with his / her website and the connections with other applications used by it.

c. Stager is not liable for unauthorised use of the System and / or use of the Account and / or fraudulent actions by Visitors, the Contact Person and the Client. In the event of irregularities, the Contact Person in question will immediately contact Stager and as soon as possible block the access of Visitors and / or users. The Client is liable and responsible for damage resulting from (the alleged) improper use of the Account.


7. Payment of Tickets

a. The Client authorises Stager to collect all payments from Visitors in connection with the sale of Tickets by the Client to the Visitor and these collected payments will be deposited by Visitors into the Foundation's bank account.

b. The payments made by Visitors and received by the Foundation as referred to under sub a of this article, with deduction of the fees agreed with the Client as referred to in Article 8 of the General Terms and Conditions shall be paid by the Foundation to the bank account number specified by the Client in the Account, and with the frequency as laid down in the Agreement. In case the Agreement does not mention the frequency of payments, payment will take place in the week following the end of each Event.

c. The Client guarantees to Stager that the legal relationship between the Client and the Visitor expressly allows Stager to receive payments from the Visitor in connection with Tickets via the Foundation's bank account. The Client has the obligation to inform a (potential) Visitor in a legally valid and adequate manner about the way in which the Visitor makes payments to the Client - via the System and the Foundation - without any contractual relationship between Stager and / or the Foundation on the one hand and the Visitor on the other.

d. Stager is not liable for damages suffered by the Client that are caused by recoveries of payments and / or complaints - for whatever reason and in any form whatsoever - by Visitors. The damage resulting directly or indirectly from this is borne by the Client. Stager is entitled to settle refunds and / or reclamations with the Client with other payments received from Visitors via Stager and the Foundation.


8. Rates and Payment

a. Stager will charge the Client the agreed fees. The Client is hereby given the opportunity to charge the fee for Tickets to Visitors, for example by an specific indication of price on the Ticket. In principle, payment to Stager takes place through payment procedures as laid down in Article 7.

b. Any licensing costs will be cashed by direct debit. The Client will authorise Stager B.V. for this payment procedure at the conclusion of the Agreement and will then register the authorisation at its own bank. Stager is also authorised to settle fees as laid down in Article 7.

c. The Rates are determined on the basis of a number of Tickets to be sold by the Client per year (the projection) and both the projection of the number of Tickets to be sold and the Rates are laid down in the Agreement. If the number of tickets actually sold is less than the projection, that is, the basis on which the Rates have been set, Stager is entitled to use the Rates as they would have been calculated on the basis of the actual number of Tickets.

d. All prices and rates set by Stager are exclusive of VAT.

e. After prior notification to the Client, Stager is entitled to increase all agreed prices and Rates once per calendar year in accordance with the Consumer Price Index for Households for various Goods and Services used by Statistics Netherlands (2006 = 100). If the price index is negative in any year, no reduction will take place. No cost-increasing event that may occur in the relationship between the Client and the Visitor can be passed on to Stager or the Foundation.

f. Payment of the Rates charged by Stager to the Client shall be in the manner described in Article 7.a of these General Terms and Conditions. If settlement is not possible in whole or in part, Stager will inform the Client. The Client is then obliged to pay the outstanding amount immediately.

g. Charges are explicitly due if the Client, for whatever reason, decides to reimburse the costs of the admission ticket in full or in part to the Visitor. Stager is entitled, at its sole discretion, to charge and deduct these Rates from the Client or from the Visitor.


9. Management, Maintainance and  Availability of the System

a. With a view to maximising the number of Tickets sold by the Client, Stager will endeavour to keep the System functioning, managed and maintained at all times. Stager has the right to adjust the technical and functional properties of the System. The adjusted System is made available to the Client. Stager strives for the highest possible availability, quality and security of the System.

b. Stager will endeavour to detect and repair any errors in the System.

c. Stager has the right to put the System temporarily out of use for maintenance, management or adjustments. Stager undertakes to inform the Client of any such deactivation in advance. 


10. Support

a. Stager endeavours to provide technical support to Users and Visitors by telephone, e-mail and / or through its website in the context of solving technical problems with the use of the System. In the event that the Client makes an appeal to Stager that is out of proportion in providing technical support, the Client may be asked to purchase training from Stager for his employees. If applicable, Stager shall charge for any extra work for all such appeals to Stager.



11. Extra Services

a. If Stager grants Extra Services at the request of the Client, these Extra Services will be reimbursed to Stager by the Client in accordance with the agreed price and / or Rates. 


12. Personal Data, Privacy and Risk Storage Information

a. Stager ensures careful storage of the (personal) data and information originating from the Client and Visitors. Except for evidence to the contrary, Stager is deemed to have fulfilled this obligation.

b. However, the Client bears the risk for damage or destruction of the data and / or information stored in the System, unless the damage or destruction is due to the intent and / or conscious recklessness of Stager. Stager is therefore not liable for any damage resulting from the data entered by the Client and / or Visitors.

  

13. Intellectual Property

a. Stager or its licensor retains all intellectual property rights of everything which has been made available or developed for the Client in the context of the execution of an Agreement made, including and not limited to the System, information and / or documentation. The Client's right to use the System is non-exclusive and non-transferable. Stager is authorised to take reasonable measures - whether technical or functional - to protect its rights and to terminate possible infringement of the rights of third parties.

b. The Client is entitled to place content (video, photo, audio) in the System of Stager, and the Client indemnifies Stager against all third-party claims regarding alleged infringements of intellectual property rights (including copyright, trademark law, database rights and patent) of this content.

c. The Client grants Stager a right of use to any database rights of the Client on the data obtained from it in the context of the Agreement for the Services to be provided by Stager.

d. The Client may use Stager's trade name and trademarks in his / her communication and link it to https://www.stager.nl/, only for the promotion of their Events or Stager.


14. Indemnity

a. The Client indemnifies Stager against all third-party claims, including Visitors, due to damage as a result of the provision of incorrect or incomplete information by the Client.

b. The Client indemnifies Stager against claims from Visitors and third parties for compensation of damage that they could in any way recover from Stager, insofar as these claims are based on the use made by the Client and / or Visitor of the System.

c. The Client indemnifies Stager on his / her first request, if Stager is held liable, in whatever way, by or on behalf of a Visitor with regard to the content and / or the fulfillment of the agreement (s) that the Client and the Visitor have reached together, for example in the case of cancellations, as well as the related communication from the Client to the Visitor, or any other possible form of shortcoming and / or unlawful actions by the Client towards the Visitor.

d. Stager is entitled to recover from the Client all costs incurred by it in and out of court in connection with legal and / or financial disputes arising between the Visitor and the Client.


15. Liability

a. The Liability of Stager, due to an attributable shortcoming in the fulfillment of the Agreement, only arises if the Client gives Stager notice of default as soon as possible, whereby a reasonable period is also set for the rectification of the shortcoming and Stager after termination of this period still fails to fulfill its obligations, attributable to Stager. The notice of default must contain as complete and detailed a description of the shortcoming as possible, so that Stager is able to respond adequately. This does not affect the rights of the Client under Article 4.

b. Stager is solely liable to the Client for damage or loss as a result of not,  not properly, or in a timely manner, complying with the Agreement, or due to an unlawful act, insofar as this damage is the result of intent, deliberate recklessness or gross negligence of Stager or third parties who Stager serves. The total liability of Stager is limited to compensation of direct damages up to the amount that is charged to the Client under the Agreement or may be charged by Stager.

c. Stager is not liable for indirect damages, in any form whatsoever, including consequential loss, lost profits, lost savings and damage due to business stagnation.

d. Stager is not liable for damages that are directly or indirectly the result of tickets that have been falsified by Visitors or third parties or misuse or unauthorised use of tickets by Visitors or third parties.

e. The liability limitations mentioned above are also stipulated for the third parties engaged by Stager, who can therefore invoke this limitation of liability.


16. Force Majeure

a. Each party is entitled to dissolve the Agreement, without any obligation to pay compensation, in a situation of force majeure, where there is, among other things, a failure to fulfill the Agreement or shortcoming by one of the parties that can not be attributed to them, and is either not due to his / her fault or not attributable under the law or a legal act, or generally accepted current opinion, if this period of force majeure lasts longer than 40 days.  

b. In the following cases are deemed by parties to be force majeure as set out in the previous paragraph of this article:

- in the event of failure or impediments in performance - other than as a result of intent, conscious recklessness or gross negligence on the part of Stager;

- due to the destruction, in any way whatsoever, of servers, backups and other equipment used by Stager, as well as disruptions in telephone and internet traffic; and / or

- in case of absence or impediments in performance on the part of Stager as a result of actions of sabotage - with or without terrorist intent - of third parties, including actions of so-called 'hackers' and / or 'crackers'.


17. Applicable Law and Competent Courts

a. Dutch law applies exclusively to all agreements with Stager.

b. All disputes arising from the Agreement or the applicable General Terms and Conditions will be submitted to the competent court in Rotterdam.


18. Miscellaneous

a. When, in accordance with these General Terms and Conditions, Stager is compelled to make a written statement, Stager is entitled to make this announcement electronically, such as but not limited to e-mail or fax.

b. Obvious errors and / or writing errors on the website of Stager or in offers, order confirmations, Tickets and / or other documents, are not binding to Stager.

c. If one or more of the provisions of these General Terms and Conditions or any other agreement with Stager is null and void or is nullified, the other provisions of these General Terms and Conditions and / or that agreement remain in full force. Stager will replace the relevant provision by a new comparable provision to be determined by it.

d. Stager reserves the right to change the General Terms and Conditions and to declare the amended General Terms and Conditions applicable to Agreements. The amended General Terms and Conditions can be consulted on the Stager website and take effect on the next renewal of the Agreements existing between the parties.


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