This agreement applies between CoTech AS (hereafter called CoTech) and the user of the service www.Participant.co.uk (hereafter called the 'Organiser'), and stipulates the terms and conditions for registration as organiser and user of the service.
When you register your organisation and/or group as an Organiser, you must confirm that you have read and accepted the terms and conditions laid down in this agreement. By accepting these terms and conditions, the Organiser accepts that all information, including key information such as costs and prices, is accessible by contacting Cotech and will also be available at every registration site for new events.
Description, the agreement and registration & acceptance
1. Short description of Participant.co.uk
The Participant Solution is an Internet-based registration and payment service where the Organiser can register events and monitor these through the event's web page.
Participants use the service to register themselves as participants in the published events and to pay the relevant fees/charges.CoTech, through the Participant Solution, shall arrange the collection of the relevant fees/charges into a trust account (the 'Settlement Account') and shall then pay the fees/charges (less the amounts it is allowed to retain pursuant to paragraph 6 below) to the Organiser. The Participant Solution is a service owned by CoTech.
2. Entering into the agreement, terms and conditions of the agreement, registration and acceptance
In order to register as a user of the service and organiser of events, the Organiser must provide:
- the Organiser's name, registered number and address;
- contact details for the responsible person at the Organiser (together with the telephone number and e-mail address of said person);
- name of the cashier at the Organiser (together with his/her telephone number and e-mail address);
- account number and bank for the settlement of payments from CoTech and the name of a contact person at that bank;
- short description of the types of events the Organiser will provide.
- user name and password for access to the participant log pages to which the Organiser will have access upon registration as an Organiser.
The Organiser shall confirm that all information provided when registering is correct.
CoTech will check that the bank account details provided match up with an account of the proposed Organiser and that the person in charge of the account is specified correctly. This applies to all account numbers an Organiser would like to register at any point in time.
Assuming that the details match and all the information above has been provided, CoTech shall authorise the applicant as an Organiser within 1 Business Day.
It will not be possible for the Organiser to register events until the Organiser has been accepted as a user.
If changes are made to the information provided, the Organiser shall immediately enter the new and correct information in the administration console of the service
User identity, password and information
3. User identity and password
Registration of events is done on the Organiser's participant log pages using the Organiser's user name, which is the same as the Organiser's e-mail address. When registering, the Organiser will be prompted to enter the password he gave when registering as a user of the service. This password will allow access to the participant log pages. The password must not be divulged to anyone, including close associates, suppliers, CoTech, or any other third party unless required to do so by applicable law. The password shall not be used or kept in a manner that allows access by others. The password must therefore be committed to memory.
4. Information
CoTech is responsible for handling the information provided pursuant to paragraph 2 above. The Organiser agrees that CoTech and CoTech's payment solution partner shall register all information necessary to check and facilitate payments initiated by the use of the Participant Solution. Registration, archiving and use of the information shall be executed in accordance with all applicable legislation. The information will be handled and processed by CoTech and its payment solution partner solely in connection with the Organiser's use of the Participant Solution.
Electronic communication and pricing information
5. Electronic communication
The Organiser agrees that all communications concerning Participant can be made electronically to the email address given by the Organiser upon registration, or to such other email address as may be notified by the Organiser to CoTech from time to time (which may include a link to the Participant Solution web-sites).
6. Pricing information
Please note: Participant is currently only offered as a free service for none chargeable events. Pricing information below is subject to change and will be updated within the next two weeks when credit card payment is offered.
The transaction fees payable by the Organiser in respect of a Booking (which is not subject to a Chargeback) shall be calculated as follows:
In respect of all Bookings for which the Participant pays GBP 15 or more:
GBP 0.45 plus 3.0 % of the Booking fee
In respect of all Bookings for which the Participant pays less than GBP 15:
GBP 0.3 plus 3,0 % of the Booking fee .
Transaction fees payable by the Organiser, as specified above, shall be deducted from payments made via the Participant Solution by subscribers to the Organiser's events ("participants") before such payments are forwarded to the Organiser's specified account.
The Participant Software also offers the Organiser to organise events where participation is free of charge for the Participants. In such case, CoTech will be entitled to GBP 0.3 per Participant. After the event has taken place CoTech shall either be entitled to withhold this sum from sums due from the Organiser or issue an invoice for such sum to the Organiser. The invoice is payable within 20 working days after it has been issued.
Liability and risk, claims and error correction
7. The Organiser's liability and risk
a) The Organiser is responsible for ensuring that third parties do not gain access to password(s) and or other information that may be filed on the Organiser's own computer(s).
b) If the Organiser believes that the password may have become known to a third party or parties, the Organiser shall immediately change his password to prevent misuse. If the Organiser is for any reason not able to change the password immediately, the Organiser shall contact Participant.co.uk Customer Services without delay so that this unit can block access to participant log pages until the password is changed by the Organiser.
c) If other circumstances arise that may result in misuse/abuse, the Organiser shall inform Participant.co.uk Customer Services without delay.
d) The Organiser is responsible for all registrations and/or changes made to the Organiser's web-pages using the Organiser's user name and password, unless such registrations and/or changes have been made possible as a result of deliberate action or negligence on the part of CoTech
e) The Organiser is liable for all and any risk of errors that are caused by circumstances connected with the Organiser's own computer hardware, programs or network connection.
8. CoTech's Liability and Risk
Each party's liability to the other (save pursuant to any indemnities granted in the other party's favour whether pursuant to this Agreement or otherwise) in respect of all liabilities which may lawfully be limited or excluded, shall be limited to the greater of: (i) the sums paid or payable from the Settlement Account to the Organiser pursuant to this Agreement; or (ii) £10,000 per Contract Year. Neither party shall, in any event, be liable for any indirect or consequential loss or damage sustained by the other party, including but not limited to loss of profits, business, revenue, goodwill, or anticipated savings, provided always that nothing in this Agreement shall limit or exclude any liability which cannot lawfully be excluded or limited, including either party's liability for death or personal injury caused by its negligence, or for fraud.
This Agreement shall constitute the entire agreement of the parties in relation to the subject-matter to which it relates, and any and all terms implied by statute are, to the extent permitted by law, hereby excluded.
9. Cancellation of events, claims from participants, Credit card fraud
The Organiser is responsible for, and CoTech is hereby indemnified from, any claims from Participants for refunds or otherwise, caused by any event outside of CoTech's control, including but not limited to cancellation of events, dissatisfaction with events, cancellations by participants, and credit card fraud (each a 'Chargeback') provided that CoTech acknowledges and agrees that it is not entitled to any fee (whether pursuant to paragraph 6 or otherwise) where a booking is subject to a Chargeback.
10. CoTech`s liability for executing payments
CoTech shall be responsible to the Organiser for ensuring that all amounts received by CoTech or its payment solution partner from Participants in the Organiser's events shall, subject to any deduction authorised hereunder, be transferred to the Organiser's nominated account no later than 7 days following its receipt thereof from the Participant
11. Erroneous crediting of the settlement account or undercharging of transaction costs. Credit card fraud etc. Rectification
If (a) the Organiser's nominated account has been erroneously credited, (b) any transaction fees deductible by CoTech pursuant to clause 6 have not been deducted, or (c) payment is made by CoTech to the Organiser in respect of a booking for which CoTech does not receive the booking fee from the participant in cleared funds, CoTech shall notify the Organiser and the Organiser shall reimburse CoTech such sum within 7 working days. Likewise, if payment from a Participant is not completed by CoTech's payment solution partner or payment service gateway due to credit card fraud, Chargeback, or other cancellation of the payment (which the payment solution partner is legally entitled or obliged to make) by the Participant CoTech shall notify the Organiser and the Organiser shall reimburse CoTech such sum within 7 working days.
If such situations should occur, CoTech shall notify the Organiser without undue delay, unless the error has been rectified so that there is no real possibility that the Organiser has received incorrect information about the size of the balance. If the crediting or erroneous charge is connected with a fraudulent act on the part of the Organiser or its authorised representative, CoTech can withhold payments until the situation has been clarified.
12. Erroneous transaction cost charges
If CoTech has erroneously charged the Organiser incorrect transaction fees, CoTech shall without delay credit the settlement account with an equal amount. CoTech shall notify the Organiser of any such erroneous charges without delay.
Settlement
13. Information on registrations and Confirmation of payment
The participant log pages provide information on registrations, time/date of the individual registration, amount paid, and identity of the payee. The Organiser shall check at reasonable times that all payments due to be have been paid by CoTech to the Organiser's nominated account have been duly paid. In cases of discrepancies, the Organiser shall inform CoTech's Customer Service without undue delay.
Blocking of access
14. Blocking of access to Participant log pages
The Organiser's access to Participant organiser user interface can be blocked without prior warning if there is a suspicion of fraudulent actions. The Organiser shall be notified by e-mail immediately after such block has been imposed.
Changes and closure
15.Changes to the terms and conditions Any changes to these terms shall be made in writing between CoTech and the Organiser. 16. Changes to Participant.co.uk If new functions and payment services are developed, CoTech will assess the expediency of supplementing the services supplied under the Participant Solution with the new services on an ongoing basis. CoTech also reserves the right to change the content of the Participant Solutions and the web-sites and to introduce changes in routines for user identification, operation, technical specifications, the system, hours of opening etc that, in each case, does not have an adverse effect on the Participant Software or the services available to the Organiser.
17. Temporary suspension of CoTech's obligations
Neither of the Parties shall be in breach of any obligation under this Agreement to the extent that the Party's failure to fulfil such obligation has been prevented by an occurrence beyond the reasonable control of the party affected, provided that such party could not reasonably have foreseen such occurrence or could not reasonably have avoided or overcome it or its consequences.
18. Termination
This Agreement stays in effect as long as the Organiser is registered with Participant.co.uk
19. The Organiser's termination or cancellation of the agreement
The Organiser can without giving prior notice terminate or cancel the agreement on the Participant Solution in order to bring the relationship to a close. The Organiser shall in such case have all outstanding amounts paid out as soon as reasonably practicable, subject to deductions of any unpaid commission or other amounts due to CoTech.
19. CoTech's termination and cancellation of the agreement
CoTech shall not be entitled to unilaterally terminate this Agreement.
20. Operations and interruption of services
The functionality of the Participant Solutions will be as set out in Annex 1.
The Participant Solution is normally operational 24 hours a day, 7 days a week. Interruptions to service may nonetheless occur. CoTech is not liable to the Organiser under this agreement for any damage or loss the Organiser may incur in connection with any interruption of service or error or defect in the Participant Solution (save to the extent that moneys due to the Organiser have not been paid to the Organiser).
CoTech provides customer support at this toll free number: 08.08.23.44.021 to organisers re. transactions/remittance. This phone number will be available between UK time 0800 and 1600. This number will go directly to CoTech who will have English speaking employees answering the queries
21.Rights
CoTech owns all tangible and intellectual property rights to all and any programs, documentation and similar supplied by CoTech or CoTech's sub-suppliers. Such programs, documentation and similar shall not be handed to others, sold, copied or by any other means or method used for purposes that have not been previously approved in writing by CoTech.