TERMS AND CONDITIONS

I. BINDING AGREEMENT

 

  1. These Terms of Service (this “Agreement”) constitute a binding and enforceable agreement between the Event Host and Wediweb. Please read this Agreement carefully.
  2. For purposes of this Agreement, each person or entity hosting, producing, selling tickets for an event or service for which tickets are sold or to which invitations are issued (each an “Event”), and each of their authorized agents or service providers, shall be an “Event Host.” Each person purchasing a ticket to an event through Wediweb for the Event shall be a “Purchaser.” Each person to receive an invitation to an Event shall be a “Guest.”

AVID 101 SL  (“Wediweb”) provides web-based ticketing and invitation and attendance management services to Event Hosts for Events. Wediweb is not affiliated with any Event Host and solely acts an intermediary between the Event Host and the Purchaser or Guest.

  1. This Agreement applies only to the specific Event which Event Host has engaged Wediweb for ticketing or invitation and attendance management services, and any other events hosted or produced by Event Host shall be governed by a separate agreement.

II. EVENTS

  1. Advertising. This Agreement does not create any obligation on the part of Wediweb to sponsor, support, advertise, promote, or otherwise perform any action on behalf of the Event Host with respect to, or in furtherance of, any Event.
  2. Limitation of Liability. Wediweb shall have no liability with regard to any Event for which it provides ticketing or invitation and attendance management services, except as specifically set forth in this Agreement. Wediweb’s total liability under this Agreement shall not exceed the sum of all amounts actually received by it from Purchasers and Event Hosts.

III. REPRESENTATIONS AND WARRANTIES OF EVENT HOST

  1. Representations & Warranties. Event Hosts agrees, and represents and warrants to Wediweb that:
  1. Event Host is authorized to sell tickets or provide invitations to the Event.
  2. The number of tickets Event Host determines to sell, or invitations the Event Host reasonably believes will be accepted, for the Event is within the all applicable regulations and restrictions concerning the venue, including state, local and federal law and regulation, and any restrictions imposed by the Event venue.
  3. Event Host is responsible for all state, local, federal and other taxes with respect to the Event and the sale of tickets therefore.
  4. Event Host owns or is otherwise entitled to use, all material posted to the Wediweb website by Event Host or provided to Wediweb for any purpose, and the use of such material or information does not infringe on any patent, copyright, or other intellectual property right of any third party.

 

IV. TICKET PRICING; FEES

  1. Ticket Prices. Event host shall be solely responsible for setting the ticket price or prices for the Event.
  2. Service Fees. Event Host shall pay to Wediweb the service fees set forth on the Pricing Schedule available at https://www.Wediweb.com/business-invitations#pricing. In the case of Events for which Event Host retains Wediweb to provide invitation and attendance management services, Event Host shall pay the service fees in advance.

V. CAPACITY; INVITATIONS; REFUNDS

  1. Capacity. Event Host shall determine, for each Event, the number of tickets available for purchase or invitations to be extended. Event Host is solely responsible for this determination and Wediweb shall have no liability for oversold tickets or excess invitations, or to any attendee at an Event, to any venue, or to any other party with regard to tickets sold or invitations extended beyond the legal capacity of any venue.
  2. Refunds.
  1. ALL SALES ARE FINAL. In the event that any ticket purchased by a Purchaser is unusable by such Purchaser because of the over-sale of tickets or the cancellation of the Event, or if the Event is rescheduled or moved to a new venue, Event Host agrees to be fully and solely responsible to Purchaser for any refunds or ticket exchanges, and Wediweb shall have no liability or obligation in connection therewith. Wediweb will not be obligated to issue refunds to any Event Host purchasing invitation and attendance management services for any reason.

 

VI. UNLIMITED MEMBERSHIP USE

  1. Cloning Limitations. Event hosts purchasing an annual unlimited membership are able to create unlimited mailings/events as long as each mailing is for a unique purpose. Cloning and creating a mailing/event in order to get around purchasing a larger package will flag your account for review. Continuing to behave in this manner will be deemed abusive and cause suspension of your account without refund.
  2. Event Planners. Event planners cannot use a Wediweb unlimited membership across multiple clients. Event planners must sign up for our event planner program that allows each client to have their own account.

VII. RESELLING SERVICES

  1. In no situation can any user re-sell Wediweb services without a prior written agreement between Wediweb and the user.

VIII. SMS TEXTING LIMITS

  1. Every paid Wediweb account includes a maximum of 500 text messages. This limit can be increased for an additional fee per 250 for typical use cases.
  2. Wediweb currently only allows purchasing 1,000 SMS messages per month to ensure our delivery reputation stays in good standing with partner carriers. We recommend sending larger blasts via email instead. Please contact support@Wediweb.com with questions.

IX. SHARING AN INDIVIDUAL RECIPIENT LINK 

  1. All recipient links on a host’s mailing list are personalized and intended only for one contact. Sharing or forwarding a recipient’s personalized card excessively may result in deactivation of that particular link. In cases where it appears a personalized link has been shared excessively, you will have 24 hours to remedy the situation by converting this personalized link into a shared/public URL. Wediweb will email you directions on how to make this conversion if this situation arise.

X. OPT IN MAILING LISTS; SPAM/ABUSE COMPLAINTS 

  1. Mailing Lists. Event hosts sending mailings/events that are sales/marketing in nature, may only send to email addresses that have specifically opted in to receive sales/marketing communications from event host. It is not permissiable to send to a contact list that has been purchased, rented, or aquired in any manner not consistent with the recipient having opted in to receive communications. Failure to adhere to this guideline can result suspension of your account without refund.
  2. Spam Complaints. Wediweb does not tolerate unsolicited/spam messages being sent from our system. In the event that cards/messages sent from your account generate a high amount of spam complaints reported to Wediweb by email providers (AOL, Yahoo, Hotmail, etc.), Wediweb reserves the right to suspend your account without refund.
  3. Hateful Content. Wediweb does not allow accounts that promote or incite harm towards others. This means your account will be suspended without refund for creating and/or sending any cards or messages that in our sole judgment could be reasonably perceived to harm, threaten, harass, or discriminate against others.

XI. FREE TRIAL ACCOUNT

  Only one free trial account is allowed per user. Creating multiple free trial accounts with the intention to send a similar mailing will flag your account for review. Continuing to behave in this manner will be deemed abusive and cause suspension of your account.

XII. ACCOUNT SETTLEMENT

  1. Records. If Wediweb is retained by Event Host to sell tickets for the Event, during the ticket sales period for the Event, and through the date on which the Event Host’s Wediweb account is active and in good standing, Wediweb shall maintain complete and accurate records of all ticket sales made on behalf of the Event Host for the Event, including the ticket price paid and the service fee paid for each ticket.
  2. Remittance. If Wediweb is retained by Event Host to sell tickets for the Event, payments will be processed via Stripe. Once you are set-up with Stripe, transfers arrive in your bank account on a 2-day rolling basis. Or you can opt to receive transfers weekly or monthly. Please check Stripe.com for details on the latest transfer protocols.

XIII. INDEMNIFICATION

  1. Indemnification. Event Host agrees to forever indemnify and hold harmless Wediweb, its members, managers, officers, employees and agents, and its contractors or customers, from and against all claims, suits, damages, losses, liabilities, or expenses of any kind, including reasonable attorneys’ fees, arising from, or in connection with, or which may have been caused, or are alleged to have been caused, directly or indirectly, by any act of omission or commission, negligent or otherwise, of Event Host or by Event Host’s failure to comply with the terms of this Agreement, any requirement of law, rule or regulation, including any rule, regulation or policy promulgated by any venue, and including without limitation, the representations and warranties relating contained herein. The parties agree that this indemnification obligation shall survive until any claim, action or cause of action respecting the above is fully and finally barred by the applicable statute of limitation.

XIV. MISCELLANEOUS

  1. Waiver. Any failure on the part of any Party to comply with any of its obligations, agreements or conditions hereunder may be waived by any other Party to whom such compliance is owed. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
  2. Assignment. Neither this Agreement nor any rights hereunder shall be assignable by either party hereto without the written consent of the other party. Any such assignment in violation of this provision shall be void and of no force or effect.
  3. Binding Effect. This Agreement shall be binding upon and inure to the benefit of each of the parties and their respective heirs, legal representatives, executors, administrators, successors and permitted assigns.
  4. Cumulative Remedies. The rights and remedies of the parties set forth herein are cumulative and not alternative, and each party shall have all other rights and remedies not inconsistent with this Agreement as provided by law or in equity.
  5. Headings. The section and other headings in this Agreement are inserted solely as a matter of convenience and for reference, and are not a part of this Agreement.
  6. Entire Agreement. This Agreement, and the other documents linked herein, including the Pricing Schedule and the Privacy Policy, contain and constitute the entire agreement among the parties and supersede and cancel any prior agreements, representations, warranties, or communications, whether oral or written, among the parties relating to the transactions contemplated by this Agreement.
  7. Severability. The provisions of this Agreement are severable and the invalidity of one or more of the provisions herein shall not have any effect upon the validity or enforceability of any other provision.
  8. Consent to Conduct Business Electronically. The parties may use and rely upon electronic records and electronic signatures for execution and delivery of this Agreement and any other agreement, understandings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement.
  9. Disclaimer of Warranties. Event Host understands and hereby acknowledges that Wediweb provides all services on an “as is” and “where is” basis, and Wediweb makes no warranty or representation regarding, and assumes no responsibility for, the timeliness, accurate transmission, or retention of any communication effect through its website or otherwise. Wediweb disclaims all liability for, and makes no representation or warranty regarding, the availability of its website from any region or for any user. Wediweb shall not be obligated to perform any service required to be performed by it under this Agreement in the event that such performance is made impossible or impractical by any internet outage, delay, unauthorized access, act of God, or other contingency outside of Wediweb’s control.
  10. Amendment. This Agreement may not be amended, supplemented or otherwise modified except by a written agreement executed by both parties.
  11. DISPUTES AND GOVERNING LAW. This Agreement and any and all use of the Website/Mobile Application is governed by the laws of Spain.

    EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER AGREEMENT CONTEMPLATED HEREUNDER, OR THE INTERPRETATION OR BREACH HEREOF OR THEREOF, SHALL BE SUBMITTED TO BINDING ARBITRATION CONDUCTED IN KING COUNTY, WASHINGTON, IN ACCORDANCE WITH THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, UNLESS OTHERWISE AGREED. IF THE PARTIES ARE UNABLE TO AGREE ON THE SELECTION OF AN ARBITRATOR TO RESOLVE THE DISPUTE WITHIN FIFTEEN (15) DAYS OF EITHER PARTY GIVING THE OTHER PARTY NOTICE OF ITS INTENT TO INVOKE THIS SECTION, THEN EITHER PARTY MAY MAKE A REQUEST OF THE AMERICAN ARBITRATION ASSOCIATION FOR A LIST OF QUALIFIED POTENTIAL ARBITRATORS FROM WHICH THE PARTIES SHALL SELECT AN ARBITRATOR IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. IF NO ARBITRATOR IS THUS SELECTED WITHIN FIFTEEN (15) DAYS AFTER SUCH LIST IS SUBMITTED TO THE PARTIES, EITHER PARTY MAY REQUEST THE AMERICAN ARBITRATION ASSOCIATION TO SELECT SUCH ARBITRATOR. SUBJECT TO THE FOLLOWING SENTENCE, ALL EXPENSES AND FEES OF THE ARBITRATOR AND ANY OTHER EXPENSES OF THE ARBITRATION WILL BE BORNE EQUALLY BY PARTIES UNLESS THE ARBITRATOR IN THE AWARD ASSESSES SUCH EXPENSES AGAINST ONE OF THE PARTIES OR ALLOCATES SUCH EXPENSES OTHER THAN EQUALLY BETWEEN THE PARTIES. EACH PARTY WILL BEAR ITS OWN ATTORNEYS’ FEES AND EXPENSES, UNLESS THE ARBITRATOR FINDS THAT THE CLAIM OR DEFENSE OF ANY PARTY WAS FRIVOLOUS OR LACKED A REASONABLE BASIS IN FACT OR LAW, IN WHICH CASE THE ARBITRATOR MAY ASSESS AGAINST SUCH PARTY ALL OR ANY PART OF THE ATTORNEYS’ FEES AND EXPENSES OF THE OTHER PARTY. THE DETERMINATION OF SUCH ARBITRATOR SHALL BE FINAL AND BINDING UPON THE PARTIES AND JUDGMENT MAY BE ENTERED THEREUPON IN ANY COURT HAVING JURISDICTION THEREOF.

In the event that the immediately preceding paragraph is deemed to be unenforceable, the parties hereby agree as follows: Any litigation between the parties will be commenced and maintained only in the courts of Spain, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein, provided, however, that Wediweb may seek to obtain injunctive relief in any court that Wediweb may select. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world.