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Heads of Terms

BOOKED IT HEADS OF TERMS FOR VENUES

Whereas the parties wish to collaborate on the terms and conditions below:

  1. INFORMATION ABOUT US
    1. www.bookedit.com is a site operated by Licklist Holdings Limited trading as Booked it. Booked it is registered in England and Wales under company number 09933601 and with our registered office at WeWork Aldgate Tower, 2 Leman Street, London, E18FA.
  2. BOOKED IT LOYALTY APP
    1. The Booked it loyalty app uses card linking technology by Fidel Limited. Fidel Limited is the “Tracking Partner” and the venue is the “Merchant”.
    2. The Merchant authorises Visa, American Express and MasterCard to access the Merchant’s payment data in order to send the Tracking Partner qualifying transactional data of participating members (the “Cardholders”) of Booked it (the “Programme”) at any of its associated retail locations, to enable card-linked offer(s) and target offers that may be of interest to the Cardholder(s).
    3. The Merchant shall, to the extent that the Merchant receives from the Tracking Partner certain limited or aggregated data relating to transactions (“Merchant Reporting”),:
      1. Use any Merchant Reporting for the sole purpose of substantiating any fees, and to demonstrate the Programme’s performance;
      2. Comply with all applicable laws, including applicable data protection legislation;
      3. Not do anything that may damage the reputation of Visa and Mastercard.
    4. Information about Fidel’s privacy practices, can be found on Fidel’s Privacy Policy. 
    5. The venue agrees that they will use Booked it as their only card linked loyalty programme exclusively.
    6. Transaction monitoring will cease immediately upon termination of contract. Cardholder(s) may opt-out at any time.
    7. Unless agreed in advance, Booked it will charge the Venue £50 per month per 500 transactions.
    8.  All charges quoted to the Customer are exclusive of VAT (unless otherwise stated), which Booked it shall add to its invoices at the appropriate rate. 
    9. The Venue shall pay each invoice via Direct Debit (GoCardless) or credit card subscription payment (Stripe).
  3. BOOKED IT TICKETS, BOOKINGS & GIFT CARDS
    1. The Venue appoints Booked it to sell tickets and offer bookings for their events. Booked it acts purely as an agent and has no responsibility for the venue itself or any associated events.
    2. The Venue will register an account with Booked it and may then upload their event(s) and booking inventory onto the website.
    3. It is the Venue’s responsibility to ensure all event and booking detail listed are accurate. Booked it cannot be held liable for any errors.
    4. The Venue must not upload any Name, Image or other content that is protected by copyright or other limitation, without express permission from the licence holder or their agent. If Booked it are informed of such breach, content may be removed without notification. 
    5. If the Venue requests Booked it load their event or booking inventory, it is their responsibility to check the final listing for any errors. Once live, Booked it accept no responsibility for any errors.
    6. All tickets and bookings are processed through Booked it’s merchant account, where funds will be held on trust for the venue in a separate client account. 
    7. All processing fees are covered by Booked it, so the full face value loaded by the Venue will be received by the Venue (unless the Venue chooses to absorb the booking fee cost themselves).
    8. Unless agreed in advance, Booked it will add a 5% (inc VAT) booking fee to the price, which can be paid by the customer or incorporated within the booking price. 
    9. The amount redeemed to the Venue is inclusive of VAT (if applicable) and it is the Venues’ responsibly to conduct their tax affairs accordingly. 
    10. Booked it will provide the Venue with a breakdown following the date of any bookings, detailing all items sold and remittance due.
    11. Payments will be made every Wednesday by BACS transfer, unless prior arrangements have been made. The amount of the payment will include all bookings for the previous Monday-Sunday period.
    12. It is the Venue’s responsibility to enter and update payment details and select the account for payment if more than one is registered.  Booked it take no responsibility if any payments are made to the wrong account.
    13. Should any overpayment be made in error by Booked it, it is the responsibility of the Venue/directors to notify Booked it immediately.  Overpayments must be returned immediately upon notification.  The Venue and its organisers/directors are personally liable for repaying these funds.
    14. In the instance of complaints about the event or venue being received by Booked it, payment may be withheld for up to 1 month, to resolve any disputes with customers (this time period may change).
    15. Booked it will not refund bookings without the Venue’s agreement unless we cannot contact the Venue within 1 week of the event by means listed on the Venue’s account.
    16. The venue agree to include the Booked it logo or web address & telephone number on all  promotions.
    17. Should Booked it receive a fine due to any illegal promotions undertaken by the Venue i.e. fly posters or hand-to-hand flyering, the cost will be passed over and if necessary, deducted from any ticket money due. Whenever possible Booked it will pass on any communication received from councils to relevant parties but will not be held responsible if contact cannot be made.
    18. If an event is cancelled or venue closed for any reason and you do not inform us in advance, you agree to pay Booked it the total amount of booking fees, transactions charges and any other associated fees so that we can refund the customers in full.
    19. The Venue is solely responsible for ensuring that the number of tickets sold and bookings taken for an event complies with capacity requirements/licenses.
    20. It is your responsibility to enter and update your contact details.
    21. The venue must not include any information on their event(s) page(s) referring to other ways of purchasing tickets to their event(s) or making bookings, through any means. This includes any special offers, prices, packages, or ‘on the door’ sales that are not listed on Booked it or any other information that may decrease or negatively affect sales with Booked it.
    22. When Booked it receives a chargeback, the customer order is automatically put on manual checking to ensure the funds are not remitted. The Booked it finance team will then review the order for fraudulent activity and if they deem the chargeback to be inaccurate, Booked it have 7 days to defend the chargeback with the bank on The Venues behalf. 
    23. Should Booked it successfully defend the chargeback on The Venues behalf, the face value charge will be reversed/cancelled from your account.
    24. Should you have been remitted prior to Booked it receiving the chargeback, the charges will still be applied to The Venues account and should be paid off via bank transfer or card payment via the Booked it dashboard.
    25. The venue agrees that they will use Booked it as their only tickets & bookings solution exclusively.
    26. When a customer makes a transaction for the first time an additional fee of 9p will be charged to the venue to tokenise and store the users details for future 1 click purchases.
    27. When a refund is made the full sum of the transaction will be returned to the customer. The booking fee will still be charged and deducted from the venues balance.
    28. When a customer attempts to make a transaction and it fails, a fee of 9p is charged to the venue and deducted form their balance.
    29. If the booking is free there will be a charge of 20p(+VAT) applied to the venue, providing the monthly amount in fees for the venue hasn’t exceeded £50 (+VAT). The 20p fee will be deducted from the venue balance.
    30. If a venue has a negative balance Booked it can issue an invoice to the venue at any time for immediate payment to bring the balance back to £0.00.
  4. BOOKED IT PHOTOGRAPHY
    1. Booked it shall provide Photography Services (Services) to the Venue on the terms and conditions of this Agreement from the Effective Date as set out in their booking confirmation email.
    2. The Services will be provided by Booked it either on an on-going basis or in response to each request from the Venue from time to time
    3. The Venue shall promptly report to Booked it any defects in the Booked it’s performance of the Services as soon as reasonably practicable after any such defect comes to the attention of the Venue.
    4. Where any defect in the provision of the Services is reported to Booked it by the Venue or otherwise comes to the attention of Booked it, Booked it shall, without limiting any other right or remedy of the Venue, use its reasonable endeavours to provide such further services as are necessary in order to rectify the default as soon as is reasonably practicable.
    5. All bookings are subject to a 30 minute time change from the times stated on the booking confirmation. Any changes greater than 30 minutes Booked it is required to notify the Venue.
    6. In consideration of the provision of the Services by the Supplier, the Venue shall pay the Service Charges as set out in the confirmation email.
    7. All charges quoted to the Venue are exclusive of VAT (unless otherwise stated), which Booked it shall add to its invoices at the appropriate rate.
    8. The Venue shall pay each invoice submitted to it by Booked it, in full and in cleared funds, within 14 days of receipt to a bank account nominated in writing by Booked it. Other payment methods include by bank transfer or by debit / credit card.
    9. Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Supplier on the Due Date: 
    10. The Venue shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England base rate at the relevant time. Such interest will accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. Booked it may choose to charge statutory interest due. The Venue shall pay the interest together with the overdue amount; and Booked it may suspend all Services until payment has been made in full.
    11. The Venue may at any time during the term of this Agreement request an increase or decrease in the volume of the Services, a change in the Specification, or the addition of new Services (Change Request) by notifying Booked it in writing of its requirements. Booked it will confirm these changes within 7 days in writing. 
    12. During this Agreement, Booked it and the Venue shall each maintain in force with a reputable insurance company, insurance sufficient to indemnify risks for which they may be responsible, including for their respective sub-contractors, agents and employees, in connection with the Services and shall, on either parties’ request, produce both the insurance certificate giving details of cover and the receipt for the current year’s premium.
    13. All copyright and ownership (both physical & intellectual in all / any material produced by Booked it whilst under the venues instruction is unequivocally surrendered and assigned to Booked it; who reserve the right to distribute, make available for publication and third party resale all such material, at will and without prejudice. 
    14. The Venue shall not, without the prior written consent of Booked it, at any time from the date of this Agreement to the expiry of 24 months after the last date of supply of the Services or termination of this Agreement (whichever is the latest), solicit or entice away from Booked it or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or sub-contractor of Booked it.
    15. At no time is the Venue to solicit or accept direct offers of supply from any appointed Booked it supplier, photographer or representative.
    16. The venue agrees that they will use Booked it as their only photography and videography provider exclusively.
  5. BOOKED IT MOBILE ORDERING
    1. The Booked it mobile ordering app and widget process orders on behalf of the venue.
    2. Unless agreed in advance, Booked it will charge a fee per transaction of 1.5% + 20p (exc VAT).
    3. The venue can choose to absorb this cost themselves or add onto the customer by way of a transaction fee.
    4. The venue agrees that they will use Booked it as their only mobile ordering system exclusively.
    5. All charges quoted to the Customer are exclusive of VAT (unless otherwise stated), which Booked it shall add to its invoices at the appropriate rate.
    6. Booked it acts purely as an agent and has no responsibility for the venue itself or any associated events.
    7. It is the Venue’s responsibility to ensure all menu details listed are accurate. Booked it cannot be held liable for any errors.
    8. The Venue must not upload any Name, Image or other content that is protected by copyright or other limitation, without express permission from the licence holder or their agent. If Booked it are informed of such breach, content may be removed without notification.
    9. If the Venue requests Booked it load their menu inventory, it is their responsibility to check the final listing for any errors. Once live, Booked it accept no responsibility for any errors.
    10. When a customer makes a transaction for the first time an additional fee of 9p will be charged to the venue to tokenise and store the users details for future 1 click purchases.
    11. When a refund is made the full sum of the transaction will be returned to the customer. The booking fee will still be charged and deducted from the venues balance.
    12. When a customer attempts to make a transaction and it fails, a fee of 9p is charged to the venue and deducted form their balance.
  6. BOOKED IT TAKEAWAY ORDERING
    1. The Booked it takeaway ordering widget processes orders on behalf of the venue.
    2. Unless agreed in advance, Booked it will charge a fee per transaction of 4.5% (exc VAT).
    3. The venue can choose to absorb this cost themselves or add onto the customer by way of a transaction fee.
    4. The venue agrees that they will use Booked it as their only takeaway ordering system exclusively.
    5. All charges quoted to the Customer are exclusive of VAT (unless otherwise stated), which Booked it shall add to its invoices at the appropriate rate.
    6. Booked it acts purely as an agent and has no responsibility for the venue itself or any associated events.
    7. It is the Venue’s responsibility to ensure all menu details listed are accurate. Booked it cannot be held liable for any errors.
    8. The Venue must not upload any Name, Image or other content that is protected by copyright or other limitation, without express permission from the licence holder or their agent. If Booked it are informed of such breach, content may be removed without notification.
    9. If the Venue requests Booked it load their menu inventory, it is their responsibility to check the final listing for any errors. Once live, Booked it accept no responsibility for any errors.
    10. When a customer makes a transaction for the first time an additional fee of 9p will be charged to the venue to tokenise and store the users details for future 1 click purchases.
    11. When a refund is made the full sum of the transaction will be returned to the customer. The booking fee will still be charged and deducted from the venues balance.
    12. When a customer attempts to make a transaction and it fails, a fee of 9p is charged to the venue and deducted form their balance.
  7. BOOKED IT MARKETING CAMPAIGNS
    1. Booked it shall provide Photography Services (Services) to the Venue on the terms and conditions of this Agreement from the Effective Date as set out in their booking confirmation email.
  8. BOOKED IT CASHLESS SOLUTION
    1. Booked it shall provide Photography Services (Services) to the Venue on the terms and conditions of this Agreement from the Effective Date as set out in their booking confirmation email.
  9. BOOKED IT WEB & APP SERVICES
    1. Booked it shall provide Photography Services (Services) to the Venue on the terms and conditions of this Agreement from the Effective Date as set out in their booking confirmation email.
  10. USE OF DATA AND DATA PROTECTION 
    1. Information collected by Booked it
      1. When a User registers with Booked it to use the Service (photography, tickets & bookings, loyalty app), the User provides Personal Data and information by means of registration screens on the Website or any App that uses the Service and, as the User uses the Service, Booked it shall collect further information from the User, which may include Personal Data.
      2. Booked it shall be the Data Controller and owner in relation to any Personal Data collected under clause 5.1.1 and its use of Personal Data is set out in the Privacy Policy.
    2. Information Imported by a Venue 
      1. If a Venue imports its own database or other contact information it has collected into the Server, that database shall remain owned by that Venue. The Venue shall be the Data Controller in relation to any Personal Data collected pursuant to this clause 5.2.1. Booked it will be a Data Processor of this data and shall comply with its obligations as a Data Processor as set out in these terms and the Privacy Policy.
      2. Further to clause 5.2.1, the Venue warrants that, where it is a Data Controller, it shall provide each Data Subject with the required information as set out in Article 14 of the GDPR, including but not limited to the identity and contact details of the Venue, the purposes for processing their information and the categories of personal data with which the Venue is concerned.
      3. The Venue warrants that it has all consents required to allow it to import its database referred to in clause 5.2.1 into the Server and to allow Booked it to process such Personal Data in accordance with these Terms and the terms of the Privacy Policy.
      4. Personal Data imported owned by the Venue may be exported out of the Service by the Venue at any time.
    3. Users who follow Venues
      1. If a Customer, or other User, creates an account on the Booked it platform and follows a Venue (including a Data Subject who was initially introduced to the Service through the importing of a database pursuant to clause 5.2.1),that User’s data shall become part of Booked it’s database.
      2. Where the events in clause 5.3.1 occur, both Booked it and the Venue shall be referred to as a Data Controller in relation to any Personal Data provided by a User. Further information how Booked it will use such data can be found in the Privacy Policy.
  11. DURATION & TERMINATION
    1. The term of the agreement shall be 12 months (the ”Term”) with either party able to terminate on 1 months’ notice in writing or by email thereafter;