This Agreement is made effective as of the date of creation of a user account and is made between the event creator (user) herein referred to as the client on the one hand and Tutadoo (Kenya) Limited herein referred to as the platform on the other, made in Nairobi, Kenya. In this Agreement, the party who is contracting to receive services shall be referred to as "Client", and the party who will be providing the services shall be referred to as "Platform".
- OVERVIEW OF PARTNERS:
- Whereas the “Client” is an organization or individual with plans to hold an activity or event bringing together a gathering of people.
- Whereas the “Platform” is an easy and convenient way for event creators to create, list, and ticket their events. Tutadoo is an innovative all-in-one solution for event creators designed for use in digitally ticketing and collecting payments..
Both parties are desirous in partnering together for the purposes of events as listed on the Tutadoo platform..
- THE AGREEMENTS:
- The “Platform” agrees to provide event listing, event discovery, event ticketing (including ticket sales and payment collection) on behalf of the “Client” using their digital ticketing e-services. The tickets purchased by attendees will be effectively shared to purchasers via the system and will bear a readable QR code to allow for easy check in of attendees at the event.
- The “Platform” further agrees to provide technical support to the “Client” during the duration of the ticketing process.
- The “Client” has had the opportunity to test and review the services provided prior to signing this contract and has seen the services to be satisfactory and in line with their needs .
- The “Client” agrees to provide a 6% commission for all ticket sales generated through the “Platform” whether tickets are paid for by mobile money or by card.
- The “Platform” agrees to reimburse all ticket sales and payments collected on behalf of the “Client” for the event, to be wired to the “Client” in full within no more than 7 days after the end of the event.
- The “Client” agrees that all refunds for the event as per agreed refund policy will be deducted in full from total ticket sales payments collected. On the same issue, the “Platform” agrees to refund all ticket purchasers canceling their ticket within the parameters of the refund policy as defined by the “Client.”
- In the case that the event is canceled due to unavoidable circumstances, the “Client” agrees to pay a fair fee as compensation for the services rendered to cover the costs for the work and effort undertaken by the “Platform,” despite the cancellation of the event. This fair fee is no less than 4.5% of the total amounts processed through the platform for the clients event.
- TERMINATION:
- This Agreement shall terminate automatically upon completion by the “Client” of the event whereas at that point the services provided by the “Platform” will not be required.
- If further services are needed then, a new agreement shall be negotiated and agreed between the two parties.
- DISCLOSURE & CONFIDENTIALITY:
- Neither the “Client” nor the “Platform” is required to disclose any information on the dealing of this agreement, or the events that are in conflict or may conflict with the best interests of the “Client” and the “Platform.” Both parties agree to protect the information relating to this agreement and the assignment and treat them as strictly confidential.
- On the issue of Non-Disclosure: The receiving parties (both the “Client'' and the “Platform” shall keep all confidential information strictly confidential, and shall not disclose, reproduce or provide any confidential information to any other person, except to parties specified affiliates or representatives.
- On the issue of Notify Breach. The Receiving Party shall promptly notify the Disclosing Party of any potential, suspected or actual breach of this Agreement by the Receiving Party and comply with such reasonable directions issued by or on behalf of the Disclosing Party regarding any unauthorized use or disclosure of any Confidential Information.
- On the issue of Permitted Disclosure. The Receiving Party may only disclose Confidential Information to such of its Affiliates and Representatives who have a need to know (but only if and to the extent such Affiliates and Representatives have a need to know) for or in connection with the Purpose and who have agreed to keep the Confidential Information confidential on the same terms as set out in this Agreement.
- PRIVACY & PERSONAL DATA COLLECTION:
- That both parties agree to treat all Personal Data collected through this process within the utmost respect and in accordance with regulations as set out by the Government of Kenya.
- The “Platform” as an internationally registered organization works towards compliance with international standards including the EU General Data Protection Regulation (GDPR) that requires Tutadoo and Organizers using the Service to provide Users with more information about the processing of their Personal Data. A proper Privacy Policy is listed and available to ALL users on the “Platform.”
- Both parties agree that they are not in the business of selling Personal Data. And agree to consider this information to be a vital part of our relationship with ticket purchasers and attendees. Therefore, neither party will sell Personal Data to third parties, including third-party advertisers.
- ENTIRE AGREEMENT & AMENDMENT:
- This Agreement contains the entire agreement.
- This Agreement supersedes any prior written or oral agreements between the parties.
- This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.