The following terms set forth the terms and conditions upon which you may use the Services to collect sales proceeds from (a) the sale of tickets, order processing, registrations, or other items related to an event, or (b) the solicitation of event-related donations (collectively "Event Registration Fees") (this "Merchant Agreement"), and specifically applies to those who use the Services for such purposes ("you" or "Organizer(s)"). This Merchant Agreement is in addition to and incorporated into the Terms of Service. In the event of any conflict between the Terms of Service and this Merchant Agreement, the Merchant Agreement will prevail only to the extent of the conflict.
IMPORTANT NOTICE: THE TERMS OF THIS MERCHANT AGREEMENT SUPPLEMENT OUR TERMS OF SERVICE. PLEASE READ THOSE TERMS OF SERVICE CAREFULLY, INCLUDING THE SECTION ON ARBITRATION AND CLASS ACTION WAIVER (WHICH APPLIES TO US USERS ONLY — SEE SECTION 5 OF THE TERMS OF SERVICE FOR INTERNATIONAL USERS).
1. Additional Registration Information.
1.1 Additional Information.
As part of the creation of a paid event or at any time following such creation, you may be required by festiVOL to provide additional information about yourself, the entity you represent (if any) and the principals/beneficial owners of the entity you represent (if any) (collectively, "Additional Registration Data"). This may include a current address, DBA names, description of products, website address, bank account or other payment account information, Tax Identification Numbers, date of birth, passport or driver's license number, country of origin, copies of government identification documents and other personal information. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the Services for paid events.
1.2 Disclosure Authorization.
Organizer agrees that festiVOL is permitted to share Registration Data as defined in the Terms of Use and Privacy Policy. To the extent of a conflict between those terms herein and those within the Privacy Policy, the terms herein will govern only to the extent of the conflict.
1.3 Failure to Provide.
We reserve the right to suspend your festiVOL account or to withhold any amounts due to you in the event that we reasonably believe that your Registration Data or Additional Registration Data is inaccurate or if you fail to provide all required information within the timeframes requested.
2. Payment Methods; Payment Process.
2.1 Overview.
(a) Payment Methods. There are two types of payment processing options Organizers may elect to use:
- Event Payment Processing (EPP) — collecting Event Registration Fees using a third-party merchant account Organizer provides (e.g., Authorize.net for US-based events, or another approved gateway).
- festiVOL Payment Processing (fPP) — festiVOL acts as Organizer's limited payment collection agent, collecting Event Registration Fees through its Payment Processing Partners. For US-based events, fPP uses Authorize.net. For international events (including but not limited to Australia, Canada, New Zealand, the United Kingdom, and the EU), fPP uses Stripe, Inc. ("Stripe") as the Payment Processing Partner. Organizers using Stripe-based fPP are also subject to Stripe's Connected Account Agreement and Stripe's Privacy Policy.
(b) festiVOL's Role. festiVOL does not provide banking, deposit taking, stored value, insurance or any other financial services to an Organizer other than serving as a limited payment collection agent for fPP. To provide the fPP Service, festiVOL utilizes third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks (collectively, "Payment Processing Partners"). Both Organizers and festiVOL are subject to the rules and regulations of such Payment Processing Partners, including Authorize.net (Authorize.net Terms) and Stripe (Stripe Connected Account Agreement).
(c) Confirmations. Upon an order being placed by a Participant and/or confirmed through festiVOL, Organizer agrees to unconditionally accept, honor and fulfill all ticketing, registration, merchandise and donation commitments confirmed through the Services.
(d) Fees. Regardless of the payment processing option elected, Organizer agrees to pay festiVOL all applicable service fees required for use of the festiVOL Services (the "festiVOL Service Fee"). The festiVOL Service Fee and any festiVOL Payment Processing Fee vary by things such as Services available, country, and processing currency. The current fees can be found at https://www.festiVOL.com/pricing. For the avoidance of doubt, unless otherwise agreed in each instance, Fees collected by festiVOL are non-refundable for any reason.
(e) Currency. For international events, Event Registration Fees will be collected and payouts made in the local currency of the event as configured in the Services. festiVOL does not guarantee any particular exchange rate. Organizers and Participants are responsible for any bank or credit card foreign currency conversion fees charged by their financial institution. festiVOL's per-application fee for international events is denominated in the local event currency; see the pricing page for current rates by currency.
(f) Merchant Gateway and Customer Data. For US events using Authorize.net fPP, festiVOL utilizes the Authorize.net Customer Information Manager (CIM) to store customer data including name, email, customer ID, address, and credit card number, in order to process Refunds and Reimbursements. For international events using Stripe fPP, customer payment data is stored and managed by Stripe in accordance with Stripe's privacy and security practices and PCI DSS Level 1 compliance.
2.2 Facilitated Payment Processing (EPP).
(a) Independent Relationship. When using EPP, Organizers and Participants effect the applicable payment transaction through a third party service and are bound by the applicable terms of use governing such service. Organizer will collect all Event Registration Fees through the applicable third party service and festiVOL accepts no obligation or liability with respect to such collection.
(b) Invoices. Invoices for Fees are sent to Organizers monthly for Fees incurred in the previous month. All invoices are due and payable within thirty (30) days of delivery of the invoice.
2.3 festiVOL Payment Processing (fPP).
(a) Underwriting. If you have requested fPP, then upon receipt of Additional Registration Data, festiVOL will determine, in its discretion, whether you are qualified to use fPP. For international Organizers using Stripe-based fPP, eligibility is also subject to Stripe's own underwriting and onboarding requirements. If you are not qualified to use fPP, but are otherwise qualified to use the Services, festiVOL will notify you and you may switch to EPP.
(b) Payment Process. When using fPP, payment processing occurs directly through our Payment Processing Partners. Within fifteen (15) business days after the successful Close Out of an event within festiVOL (following the two-week forfeiture period and completion of EVENT CLOSE OUT), festiVOL will cause our Payment Processing Partners to pass along all Event Registration Fees collected, subject to (i) deduction of all applicable Fees then due; (ii) our right of setoff against any debts or other amounts owed to us; (iii) any other deductions authorized pursuant to this Merchant Agreement; and (iv) any reserves established as set forth in subsection (f) below.
For US Organizers using Authorize.net: payouts are made by ACH, or in limited circumstances, by check to a US or Canadian address.
For international Organizers using Stripe Connect: payouts are made by Stripe to the bank account on file in the Organizer's Stripe Connected Account, in the local event currency, subject to Stripe's payout timelines and applicable local banking regulations. The fifteen (15) business day period described above is an outer limit that includes our Payment Processing Partners’ own settlement and payout timelines, which vary by country. The Organizer is responsible for ensuring their Stripe Connected Account is properly configured and verified. festiVOL's payout obligation is fulfilled upon initiation of the Stripe transfer. Organizer is responsible for any foreign exchange costs, intermediary or receiving bank fees, and the effect of currency fluctuations after the transfer is initiated, and festiVOL is not liable for differences in value arising from exchange-rate movements between the time of collection and the time of payout.
(c) Appointment as Agent. With respect to any events for which Organizer uses fPP, Organizer hereby appoints festiVOL as Organizer's limited payment collection agent solely for the purpose of collecting payments made by Participants through our Payment Processing Partners. A payment made by a Participant to festiVOL shall be considered the same as a payment made directly to Organizer.
(d) Payments. Organizer agrees that all Event Registration Fees for a given event are earned by Organizer only following the conclusion of Event Close Out of the applicable event. Organizer acknowledges and agrees that festiVOL has the right to withhold funds as set forth in Sections 2.3(b) and 2.5(a) of this Merchant Agreement.
(e) Cancellations; Nonperformance. No payments shall be made to Organizer with respect to any event that is cancelled or with respect to which festiVOL believes there is a risk of cancellation or nonperformance, unless festiVOL receives adequate security for Organizer's obligations under this Merchant Agreement.
(f) Reserves and Right of Setoff. festiVOL reserves the right to retain a certain percentage of Event Registration Fees to fund a reserve as determined in its discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, or changes in Organizer's credit profile or event risk profile.
(g) Chargebacks; Reversals. Any credit card chargebacks or other transaction reversals initiated for any reason with respect to an Organizer's event (except to the extent caused solely by festiVOL's negligence or willful misconduct) and all related fees and expenses incurred by festiVOL in connection with such chargebacks shall ultimately be the responsibility of Organizer. For international events processed via Stripe, chargebacks are subject to Stripe's dispute process and applicable Card Scheme rules.
(h) Payment Scheme Rules. The Card Schemes and Alternative Form of Payment Frameworks require that you comply with all applicable bylaws, rules and regulations published by them from time to time (collectively, the "Payment Scheme Rules"). You agree to comply with any applicable Payment Scheme Rules as in effect from time to time.
2.4 Refunds.
(a) Refund Policy and Process. Regardless of what payment method is selected, Organizer agrees to communicate a refund policy to Participants with respect to each event that meets the requirements of the festiVOL Organizer Refund Policy Requirements and to administer such policy in accordance with its terms.
(b) Refund Disputes. All disputes regarding refunds are between Organizer and its Participants. In the event of a dispute, festiVOL may try to mediate, but ultimately it is Organizer's obligation to settle the dispute.
(c) Mandatory Refunds and Reimbursements. Organizer authorizes festiVOL to make refunds where festiVOL determines in its discretion that a refund is required under Organizer's posted policy, applicable consumer protection laws (including the Australian Consumer Law, EU Consumer Rights Directive, and UK Consumer Rights Act 2015), or the Payment Scheme Rules. Organizer agrees to promptly reimburse festiVOL for any such refunds made on Organizer's behalf.
(d) Taxes on Refunds. Where a refund is made, it shall include any VAT, GST, or similar indirect tax charged to the Participant on the refunded amount, to the extent required by applicable law. Organizer is responsible for issuing any required credit notes and making any indirect tax adjustments required in its jurisdiction in connection with refunds.
2.5 Non-Exclusive Remedies; Taxes.
(a) Non-Exclusive Remedies. In the event that Organizer fails to pay to festiVOL any amount owed pursuant to the Terms of Service when due, such amount shall bear interest at a rate equal to the lesser of (i) one percent (1%) per month, compounded monthly; or (ii) the maximum amount permitted by applicable law.
(b) Collections. festiVOL reserves the right to pursue any late and unpaid amounts due and owing for collections if such amounts are not paid within thirty (30) days after the date of the invoice. Organizer agrees to reimburse festiVOL upon demand for all out-of-pocket costs and expenses, including reasonable attorneys' fees, incurred in collecting past due amounts.
(c) Taxes. You are solely responsible for determining which sales, use, value added, consumption, excise, goods and services (GST), harmonized sales tax (HST), or other taxes apply to your use of the Services in your jurisdiction, and you agree to collect, remit and report the correct amounts to the applicable governmental authorities. For non-US Organizers, festiVOL may be required to report payment information to applicable tax authorities in your jurisdiction. IRS 1099-K reporting thresholds apply to US Organizers only.
2.6 Commercial Entities.
From time to time, one or more Card Schemes may require that you enter into an additional agreement directly with one of our Payment Processing Partners. If we believe your account is likely to be subject to this requirement, we will provide you with a "Commercial Entity Agreement" that you must agree to in order to continue using fPP.
2.7 Escheatment.
If your account has had no activity for a period of time set forth in applicable unclaimed property laws and we hold funds related to your account, then we will notify you as required by applicable laws and escheat unclaimed funds to the applicable governmental authority in accordance with applicable laws.
3. Reimbursements and Event Close Out.
3.1 Reimbursement Policies and Administration.
Reimbursements are refunds offered by the Organizer for all or part of a ticket fee, in exchange for assigned shift completion on behalf of the Participant (e.g., Work Exchange for Ticket Fee Reimbursement). See Participant Reimbursement Policy Requirements and Application Terms Policies for full policies regarding Reimbursable Tickets.
3.2 Event Close Out.
Organizer may close out an event once all post-event accounting is complete, the forfeiture appeals time period has passed, all forfeiture appeal notices received were processed, all reimbursements for the event lifetime processed, and no workers appear in the Workers in Limbo section. Closing out the event will permanently lock the transaction management tools for the event. Once the event is closed out, festiVOL will begin the process of client close out, including transferring of funds and festiVOL fee settlement.
4. Prohibited Merchants; Prohibited Events; Prohibited Transactions.
4.1 Prohibited Merchants.
By registering for the Services and accepting this Merchant Agreement, you represent and warrant that:
(a) you are not located in, and you are not a national or resident of, any Restricted Country (as defined in the Terms of Service);
(b) you are not a person or entity or under the control of or affiliated with a person or entity that (i) appears on the U.S. OFAC Specially Designated Nationals List, Foreign Sanctions Evaders List, or Palestinian Legislative Council List; (ii) appears on the U.S. Department of State's Terrorist Exclusion List; (iii) appears on the Bureau of Industry and Security's Denied Persons List; (iv) appears on the Consolidated List of Targets published by the U.K. HM Treasury (OFSI); (v) appears on the Consolidated List published by the Australian Department of Foreign Affairs and Trade (DFAT); or (vi) is subject to sanctions in any other country; and
(c) you are not listed in the Mastercard MATCH terminated merchant database or Visa terminated merchant file and your right to access each Card Scheme is not presently revoked or suspended.
4.2 Prohibited Events.
You may not post events to the Services that: (a) violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation; (b) would be prohibited under the Payment Scheme Rules; (c) take place in Restricted Countries; or (d) contain any Content that would violate any of festiVOL's Terms and Guidelines.
4.3 Prohibited Transactions.
You may not use fPP to process any transaction that: (a) would violate the Payment Scheme Rules; (b) is fraudulent or criminal in nature; (c) would constitute a "restricted transaction" under the Unlawful Gambling Enforcement Act of 2006 or Regulation GG; or (d) would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to events.
4.4 Remedies.
In the event that festiVOL discovers that you are a Prohibited Merchant, that you have posted a Prohibited Event, and/or that you have attempted to process or processed a Prohibited Transaction, then festiVOL may in its discretion: (a) suspend or terminate your festiVOL account; (b) alter, edit, or remove any Prohibited Event; (c) block, reverse, reimburse or refund any or all of your transactions; (d) hold any and all funds associated with your account as required by applicable law; and/or (e) refer you to our Payment Processing Partners, the Card Schemes, and/or applicable law enforcement agencies for further action.
5. Representations And Warranties.
In addition to the representations and warranties contained herein, you represent and warrant to us that (a) if you represent an entity, that entity is duly organized, validly existing and in good standing under the laws of the state, province or country of its formation; (b) you have all requisite power and authority to enter into this Agreement; (c) entering into and performing this Agreement will not result in any breach of, or constitute default under, any applicable law, rule, regulation, judgment or order, or other agreement to which you are a party; and (d) if you represent an entity, you have the full right, legal power and actual authority to bind such entity to these terms.; and (e) your event and volunteer/staff program comply, and will continue to comply, with all labor, employment, volunteering, and workplace health and safety laws applicable in the jurisdiction in which your event takes place, including laws governing the classification of participants as volunteers, independent contractors, or employees, minimum working age, and any compensation, reimbursement, or benefit provided in exchange for work.
6. Termination.
In addition to our right to terminate your use of the Services under the Terms of Service, festiVOL may terminate this Merchant Agreement and your right to use the Services together with fPP or EPP (a) if you are in violation or breach of any provision of this Merchant Agreement; or (b) if our Payment Processing Partners and/or the Card Schemes terminate our right to provide the fPP Service or your right to accept payments via the fPP Service in their sole discretion.