4. Payment Methods; Payment Process.
(a) Payment Methods.
There are two types of payment processing options Organisers may elect to use to collect sales proceeds for paid events: (i) “Facilitated Payment Processing” or “FPP,” which consists of collecting all sales proceeds from ticket, registration and merchandise sales and donations solicited via the Services (collectively, “Event Registration Fees”) using third party payment services, such as BillPlz; and (ii) “EvenTiket Payment Processing,” “EPP,” or the “EPP Service,” in which EvenTiket acts as Organiser’s limited payment collection agent for the purpose of collecting Event Registration Fees through its Payment Processing Partners (as defined below).
(b) EvenTiket’s Role.
For the avoidance of doubt, EvenTiket does not and will not provide banking, deposit taking, stored value, insurance or any other financial services to an Organiser other than, for Organisers who elect EPP, serving as a limited payment collection agent as set forth below. To provide the EPP Service, EvenTiket utilises third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, “Payment Processing Partners”) and both Organisers and EvenTiket are subject to the rules and regulations of such Payment Processing Partners. For convenience, EvenTiket shows you a balance of proceeds for your events in your EvenTiket account, however, that balance merely reflects the amount of Event Registration Fees collected by a third party payment service (FPP) or by our Payment Processing Partners (EPP), and in the case of EPP, represents only a general unsecured claim against EvenTiket and not a store of value or a deposit/current account.
Upon an order being placed by an Attendee and confirmed through EvenTiket, EvenTiket generates a confirmation message and issues Confirmation Email. Organiser agrees to unconditionally accept, honor and fulfill all ticketing, registration, merchandise and donation commitments that have been confirmed by EvenTiket through the Services, and it is Organiser’s responsibility to verify an Attendee’s confirmation email and/or any event restrictions prior to the applicable event.
Regardless of the payment processing option elected, Organiser agrees to pay EvenTiket all applicable service fees for each ticket, registration or other item sold or donation solicited via the Services (the “EvenTiket Service Fee”). In addition, Organiser may from time to time request additional Services from EvenTiket, including without limitation, marketing and promotion services, equipment leasing, on-site services, printed tickets and dedicated account management, which EvenTiket may provide at its discretion and the terms of which will be covered by a separate written agreement. Fees for such ancillary Services (the “Ancillary Fees”) will be disclosed to Organiser prior to Organiser’s acceptance of such Services. The EvenTiket Service Fee, the EvenTiket Payment Processing Fee and the Ancillary Fees are referred to herein as the “Fees.”
4.2 Facilitated Payment Processing.
(a) Independent Relationship.
Invoices for Fees are sent to Organisers monthly for Fees incurred in the previous month. All invoices are due and payable within thirty (30) days of delivery of the invoice.
4.3 EvenTiket Payment Processing.
If you have requested EPP, then upon receipt of Additional Registration Data, EvenTiket will determine, in its discretion, whether you are qualified to use EPP. If you are not qualified to use EPP, but you are otherwise qualified to use the Services, EvenTiket will notify you and you may switch to FPP unless the reason that you do not qualify for EPP is that your event is a Prohibited Event, you are a Prohibited Merchant and/or your transactions are Prohibited Transactions, in each case as such terms are defined in Section 5. For risk management and security reasons and to meet the requirements imposed by our Payment Processing Partners, we may from time to time in our discretion impose a transaction limit on the amount of any given transaction that you process through EPP and you authorize us to reject any transaction over that limit.
(b) Payment Process.
When using EPP, payment processing occurs directly through our Payment Processing Partners. Within five (5) business days after the successful completion of an event, EvenTiket will cause our Payment Processing Partners to pass along all Event Registration Fees related to such event that have been collected by our Payment Processing Partners, subject to (i) deduction of all applicable Fees then due; (ii) any other deductions authorized pursuant to this Merchant Agreement; and (iii) any reserves established as set forth in subsection (f) below. Such payouts will be made only to the payout information designated by Organiser on the Services under “Payment Options.” Payouts are made by ACH, or for Organisers with Event Registration Fees in USD, by check to an address in Malaysia. In addition, EPP may allow you to accept payments from card based payment networks, such as Visa®, MasterCard®, (collectively, the “Card Schemes”), and non card based payment networks such as direct debit and other alternative forms of payment (the “Alternative Form of Payment Frameworks”). Except to the extent set forth in a Commercial Entity Agreement (as defined below and to the extent applicable) between you and one of our Payment Processing Partners or a Card Scheme, you are not a direct party to any agreement with any Payment Processing Partner, Card Scheme or Alternative Form of Payment Framework, nor are you a third party beneficiary of any such agreement. In addition, by accepting a particular Card Scheme payment type (e.g., MasterCard, Visa), you are authorizing the owner of that Card Scheme and its affiliates to use your name, address and website URL in any media from time to time.
(c) Appointment as Agent.
With respect to any events for which Organiser uses EPP, Organiser hereby appoints EvenTiket as Organiser's limited payment collection agent solely for the purpose of collecting payments made by Attendees for such events through our Payment Processing Partners. Organiser agrees that a payment made by an Attendee to EvenTiket shall be considered the same as a payment made by an Attendee directly to Organiser and Organiser will sell or provide all advertised goods and services to the Attendee as if Organiser had directly received the Event Registration Fees from such Attendee, regardless of whether the Event Registration Fees have yet to be received from EvenTiket. Organiser agrees that in its role as limited agent, EvenTiket is authorized to (i) enable Attendees to transfer or upgrade a ticket and/or registration (if such transfers are permitted by Organiser during the event registration process); (ii) hold, disburse and retain proceeds on Organiser’s behalf pursuant to this Merchant Agreement; (iii) issue refunds to Attendees as set forth in Section 4.4 below; and (iv) manage credit card chargebacks as set forth in subsection (g) below. In accepting appointment as the limited agent of Organiser, EvenTiket assumes no liability for any acts or omissions of Organiser and Organiser understands that EvenTiket’s obligation to pay Organiser is subject to and conditional upon receipt of the associated Event Registration Fees from Attendees. Organiser further authorizes EvenTiket to delegate its obligations under this Merchant Agreement to certain of its affiliated entities both within and outside Malaysia, provided, that EvenTiket will remain liable for the discharge of its obligations under this Merchant Agreement by such affiliated entities.
Organiser agrees that all Event Registration Fees for a given event are earned by Organiser only following the conclusion of the applicable event. EvenTiket, in its discretion, may determine to advance a portion of Event Registration Fees to Organiser prior to the period set forth in Section 4.3(b), on such terms and conditions set forth in this Merchant Agreement and/or such terms that Organiser and EvenTiket agree to in a separate Advance Payments Agreement. Organiser agrees that any payments made by EvenTiket of Event Registration Fees prior to the fifth (5th) business day after the end date of the applicable event are merely advances of amounts that may become due to Organiser under this Merchant Agreement. If EvenTiket decides to advance a portion of EvenTiket Registration Fees to Organiser, Organiser acknowledges and agrees that EvenTiket may at any time (i) terminate or suspend Organiser’s right to receive such advance payments; and/or (ii) alter the terms (i.e. frequency, reserve rate and maximum aggregate cap) of such advance payments made to Organiser. In addition, Organiser agrees that EvenTiket may demand back such advances (or any portion thereof) from time to time in its discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in Organiser’s credit profile or the underlying event(s)’ risk profile, or breaches of the Terms of Service, including this Merchant Agreement. Upon receipt of notice of any such demand, Organiser shall thereupon promptly pay back to EvenTiket the portion of any such advance demanded. Organiser acknowledges and agrees that EvenTiket has the right to withhold funds as set forth in Section 4.5(a) of this Merchant Agreement. Organiser also acknowledges and accepts its obligations under Section 4.3(g) and 4.4(c) of the Merchant Agreement, including its obligations to reimburse EvenTiket for refunds and credit card chargebacks.
(e) Cancellations; Nonperformance.
No payments shall be made to Organiser with respect to any event that is cancelled or with respect to which EvenTiket believes there is a risk of cancellation or nonperformance, unless EvenTiket receives adequate security (as determined by EvenTiket in its discretion) for Organiser’s obligations under this Merchant Agreement. In addition, no Event Registration Fees for a given event shall be earned until that event is successfully completed. If payments have already been made to an Organiser for a cancelled event, Organiser will immediately refund to a payment address designated by EvenTiket all such payments upon cancellation of such event for the purpose of effecting refunds if refunds are being made under Section 4.4.
EvenTiket reserves the right to retain a certain percentage of Event Registration Fees (with such percentage being determined by EvenTiket in its discretion) to fund a reserve (i) at any time as we determine in our discretion to be necessary based upon the level (or expected level) of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud or changes in Organiser’s credit profile or the underlying event(s)’ risk profile; and (ii) as otherwise necessary to secure the performance of your obligations under the Terms of Service, including this Merchant Agreement. EvenTiket’s right to hold a reserve shall continue following the applicable event(s) and until either (A) Organiser has discharged all obligations under the Terms of Service and the applicable periods for refunds, disputed charges, chargebacks, and complaints have passed or (B) Organiser has otherwise provided EvenTiket with adequate security (as determined by EvenTiket in its discretion) for its obligations under the Terms of Service, whether matured or unmatured, contingent or non-contingent, or liquidated or unliquidated.
(g) Chargebacks; Reversals.
Any credit card chargebacks or other transaction reversals initiated against EvenTiket or its affiliates for any reason (except to the extent they are caused solely by EvenTiket’s negligence or willful misconduct) with respect to an Organiser’s event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by EvenTiket or its affiliates in connection with such chargebacks shall ultimately be the responsibility of Organiser, and Organiser agrees to promptly and fully reimburse EvenTiket for such amounts on demand. As part of EvenTiket’s limited payment collection agency, EvenTiket will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Organiser and Organiser hereby authorizes EvenTiket to do so and agrees to use reasonable efforts to cooperate with EvenTiket in such re-presentment. However, EvenTiket shall have no obligation to re-present any chargeback that it believes in its discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with the Organiser’s refund policy or the provisions of Section 4.4(c) below. Understanding the nature of the Payment Scheme Rules (as defined below) and the discretion that they provide to the Card Schemes and Alternative Form of Payment Frameworks, both parties agree that EvenTiket’s loss of any chargeback that has been re-presented by EvenTiket shall not in any way limit Organiser’s obligation to reimburse EvenTiket and its affiliates under this paragraph.
EvenTiket only provides the EvenTiket Payment Processing Service for certain currencies and for Organisers in certain locations listed here. In addition, Event Registration Fees collected in a currency may only be paid out to Organiser in the currency in which they are collected. EvenTiket does not provide currency conversion services. Finally different payment options or payment methods may be available to you depending on the currency in which you collect Event Registration Fees and your location as detailed here.
(i) 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”). We may be required to change this Merchant Agreement in connection with amendments to the Payment Scheme Rules. Depending on what payment methods you elect to use in EPP, you may be subject to different Payment Scheme Rules. You agree to comply with any applicable Payment Scheme Rules as in effect from time to time. These Payment Scheme Rules, include without limitation, a requirement to submit only bona fide transactions, limits on how you use the Card Scheme logos and trademarks and authorization to use certain of your information to show that you participate in the Card Schemes. The Payment Scheme Rules are publicly available from the websites of the related Card Schemes and Alternative Form of Payment Frameworks.
(j) Special Payment Terms.
The following additional terms apply to the extent you use the corresponding payment option:
i. Recurring Payments/Layaway. Organiser may use EvenTiket’s “layaway” functionality, upon EvenTiket’s prior approval. If Organiser elects to use such functionality, Organiser agrees to display all notices required by and to comply in all respects with all applicable local, state, provincial, national and other laws, rules and regulations and the Payment Scheme Rules, including with respect to consumer cancellations and refunds. No additional fees or increased prices may be charged for tickets purchased on “layaway” and the number of installments may not exceed four (4).
ii. Pay by Invoice. You may elect to add “pay by invoice” as an option to your EPP Service. If you use pay by invoice you must supply bank account information requested by EvenTiket, which information will be displayed on invoices and order confirmations delivered by EvenTiket to the applicable Attendee after completion of a transaction on the Services. Organiser will then collect the funds from the Attendee and then mark the ticket/registration as “paid” in a designated area of the Services. Once marked as paid, EvenTiket will cause the Attendee’s ticket to be validated such that when scanned with one of EvenTiket’s Applications it will show as valid. It is Organiser’s sole responsibility to provide accurate bank account information, collect all amounts from Attendees, process refunds (if applicable) off the Services, and accurately mark tickets/registrations as paid or unpaid on the Services in the designated area. For the avoidance of doubt, with “pay by invoice” the payment transaction is effected solely between Organiser and the applicable Attendee.
(a) Refund Policy and Process.
Regardless of what payment method is selected, Organiser agrees to communicate a refund policy to Attendees with respect to each event posted on the Services that meets the requirements of the Attendee Refund Policy Requirements available here and to administer such policy in accordance with its terms and the Attendee Refund Policy Requirements. The Attendee Refund Policy Requirements are incorporated by reference into this Merchant Agreement. All refunds for EPP transactions must be processed through EvenTiket, unless otherwise agreed by EvenTiket. For EPP transactions, Organiser can issue refunds to Attendees directly through the Services within certain windows permitted by our Payment Processing Partners. If the refund is outside such windows, then it will need to be processed manually by EvenTiket. EvenTiket may determine in its discretion not to process any refunds which are manual, in which case they will be processed directly by Organiser.
(b) Refund Disputes.
Regardless of what payment method is selected, all disputes regarding refunds are between Organiser and its Attendees. In the event of a dispute, EvenTiket may try to mediate, but ultimately it is Organiser’s obligation to settle the dispute. Notwithstanding the foregoing, with respect to EPP transactions, EvenTiket shall have the right to make refunds on Organiser’s behalf as set forth in subsection (c) below.
(c) Mandatory Refunds.
Notwithstanding the foregoing, Organiser authorizes EvenTiket to make refunds in the following situations (i) Organiser specifically authorizes the refunds at the time; (ii) EvenTiket believes in its discretion that specific orders should be refunded under the Organiser’s posted refund policy or the Attendee Refund Policy Requirements, including without limitation, that they are required by applicable local, state, provincial, national or other law, rule or regulation or the Payment Scheme Rules; (iii) EvenTiket believes in its discretion that the refund request, if not granted, will lead to a chargeback that EvenTiket is more likely than not to lose; (iv) Organiser failed to list a refund policy on the applicable event page and EvenTiket believes in its discretion that a refund would be reasonable under the circumstances; (v) EvenTiket believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (vi) EvenTiket believes in its discretion that the order is a duplicate. Organiser also authorizes EvenTiket to make refunds of any and all orders (including those for unrelated events) if (A) EvenTiket believes in its discretion that Organiser has engaged in any fraudulent activity or made any misrepresentations; (B) EvenTiket believes in its discretion that there is substantial risk of nonperformance by Organiser with respect to the applicable event or future events; (C) EvenTiket believes in its discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or (D) EvenTiket believes in its discretion that Organiser is a Prohibited Merchant, has used the Services to process Prohibited Transactions or to manage Prohibited Events or that failing to make the refunds would otherwise expose EvenTiket to legal liability. Because all sales are ultimately made by Organisers, Organiser hereby agrees to promptly and fully reimburse EvenTiket and its affiliates upon demand for refunds that EvenTiket makes pursuant to this Merchant Agreement, other than to the extent that the necessity for such refunds are caused by EvenTiket’s negligence or willful misconduct. Organiser acknowledges and agrees that chargebacks will result in losses to EvenTiket in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback EvenTiket is mitigating such losses and its damages with respect to Organiser’s breach of this Merchant Agreement.
4.5 Non-Exclusive Remedies; Taxes.
(a) Non-Exclusive Remedies.
In the event that Organiser fails to pay to EvenTiket any amount owed pursuant to the Terms of Service (including without limitation this Merchant Agreement) when due and following a late payment notice being delivered by EvenTiket, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (i) one percent (1%) per month, compounded monthly; and (ii) the maximum amount permitted by applicable local, state, provincial, national or other laws, rules or regulations. In the event any amounts are owed by Organiser to EvenTiket under the Terms of Service (including without limitation this Merchant Agreement), EvenTiket may, without limiting its other rights and remedies and to the extent permitted by applicable local, state, provincial, national or other laws, rules or regulations (A) withhold any amounts due to Organiser, whether for a particular event or for any other event that Organiser lists through the Services and use the withheld amount to setoff the amount owed by Organiser to EvenTiket; and/or (B) send an invoice to Organiser for such amounts to the extent Organiser’s outstanding balance is insufficient to cover these costs, in which case Organiser shall pay EvenTiket such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to EvenTiket hereunder is not made by Organiser when due and after receiving a late payment notice from EvenTiket, EvenTiket reserves the right, in its discretion and without limiting its other rights and remedies, to suspend or terminate Organiser’s registration for the Services (including any and all accounts that Organiser may have).
(b) Costs of Collection.
Organiser agrees to promptly and fully reimburse EvenTiket upon demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by EvenTiket in collecting past due amounts from Organiser under this Merchant Agreement, the Terms of Service or otherwise.
i. You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, “Taxes”) apply to your use of the Services and you agree that it is your sole responsibility to, and that you will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities, even if EvenTiket provides you with tax tools or tax calculators that assist you in doing so. EvenTiket does not represent, warrant or guarantee that any tax tools or tax calculators provided to you will meet all tax requirements that may be applicable to you or that such tax tools or tax calculators will result in your collection or remittance of all applicable Taxes, which Taxes may vary based on the nature of your event, the nature of your tax status (individual, entity, business, consumer, etc.), your location, the location of your Attendees, credits and deductions for which you may qualify and other factors, and you hereby release EvenTiket of any and all liability with respect to your use of the tax tools and/or tax calculators. None of such tax tools or tax calculators should be considered legal or tax advice. If you do collect Taxes on the Services, those Taxes will be treated like Event Registration Fees and EvenTiket will pay such amounts to you at the same time as the underlying Event Registration Fees. If you use any tax tools or tax calculators that require you to input a tax registration number, you represent and warrant that such tax registration number is true and correct. EvenTiket cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires EvenTiket to pay any Taxes attributable to your use of the Services, you agree to promptly and fully reimburse EvenTiket for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.
ii. To comply with GST tax regulations of Malaysia, EvenTiket is required to (A) collect Goods & Services Tax ("GST") from Organisers on the EvenTiket Service Fee for paid tickets or registrations sold on or through the Site by Organisers residing in Malaysia who have not provided EvenTiket with their Goods & Services Tax ("GST"); and (B) remit any such GST collected to the relevant tax authority. If you provide us with your GST ID, we will not collect GST on the EvenTiket Service Fee. It is your sole responsibility to ensure that the GST ID you provide to EvenTiket (if any) is accurate, complete and properly formatted. Please be aware that falsification or misrepresentation of information to evade payment of GST may result in fines and/or criminal prosecution. You agree to promptly and fully reimburse EvenTiket for all out-of-pocket costs and expenses arising out of your falsification or misrepresentation of a GST ID on the Site. EvenTiket does not require Organisers to have a GST ID. However, if you are an Organiser residing in Malaysia, and you do not have a GST ID or you do not provide us with your GST ID, EvenTiket will collect and remit GST on the EvenTiket Service Fee on your behalf. In the interest of clarity, EvenTiket does not collect and remit GST on the EvenTiket Payment Processing Fee or on the price of the tickets or registrations you sell on or through the Site. To learn more about EvenTiket’s process for collecting and remitting GST, see our article here.
iii. Except as set forth in Section 4.5(c)(ii), in addition, due to LHDN regulations, if EvenTiket processes transactions and issues you payouts (A) for more than twenty thousand ringgit Malaysia (MYR20,000) in gross sales; and (B) for more than two hundred (200) transaction orders, in each case during a given calendar year and in the aggregate across all of your accounts, EvenTiket is required to report to the LHDN (i) the gross amount of transactions for which you have been paid in that calendar year and in each month of that calendar year; (ii) your name; (iii) your address; and (iv) your Tax Identification Number (“Your Tax Information”). As part of these LHDN regulations, EvenTiket is required to either (A) collect Your Tax Information; or (B) establish that you are a foreign person not subject to Malaysia taxes, before your accounts pass the two hundred (200) order transaction threshold in the aggregate. Once your accounts cross the two hundred (200) order transaction threshold, you agree that you will not receive any further payments from EvenTiket until either (A) or (B) above are satisfied. To learn more about these LHDN regulations and why we are required to do this, contact us via email - email@example.com.
iv. EvenTiket reserves the right to withhold the payment of any amounts owed to you hereunder and dispose of them as required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order, in each case as determined by EvenTiket.
4.6 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 or with the applicable Card Scheme. Typically this happens if your transactions exceed fifty thousand ringgit Malaysia (MYR50,000) with respect to a particular Card Scheme on an annual basis in a given geography. If we believe that your account is likely to be subject to this additional requirement, we will provide you with a “Commercial Entity Agreement” that you must agree to in order to continue using EPP. If you fail to accept that “Commercial Entity Agreement,” we may suspend or terminate your account or transfer your account to FPP.
If your account has had no activity for a period of time set forth in applicable unclaimed property (e.g., escheatment) laws and we hold funds related to your account, then we will notify you as required by applicable laws. If you do not claim your unclaimed funds within the timeframe notified to you, then we will escheat them to the applicable governmental authority in accordance with applicable laws.