1. In general
1.1. Definitions. As a rule, terms starting with an upper-case letter convey the meaning attributed to them in Art. 1 of the general terms and conditions or otherwise in these terms and conditions.
1.2. Relationship with the general terms and conditions. These terms and conditions for the use of Smeetz for Business apply in addition to the general terms and conditions and other documents included in the Contractual Documentation. Should there be a divergence between the general terms and conditions and these terms and conditions, the latter shall take precedence.
1.3. Relationship with other contracts. Some Organizers may be affiliated with global organizations under any form (e.g. Destinations or Sports Federations) as provided for on the Smeetz for Business Platform. In such cases, these terms and conditions for the use of the Smeetz for Business software are applicable to the affiliated Organizer, subject to the changes (pricing and functionality) made in the master agreement with the "Destination" or "Sports Federation".
1.4. Limitations. These terms and conditions for the use of the Smeetz for Business software are only applicable to Organizers, to the exclusion of other Users, upon the conclusion of a Software as a Service contract (as defined in the art. 4.1 below).
2.1. Smeetz for Business offers the possibility for Organizers to make available or sell Tickets for activities and/or events that they offer either on the Website and App or on the Sales Channels of Smeetz partners.
2.2. Smeetz for Business allows Organizers to manage their Ticket sales and in particular to adjust their prices according to certain parameters through dynamic pricing tools (smart pricing) and availability management on the Website and the App as well as on other Sales Channels (to the extent of the functionalities offered in the Plan - as defined in art. 4.2 below - subscribed by the Organizer)
2.3. The purpose of these terms and conditions is to govern the relationship between the Organizer and Smeetz when using the Smeetz for Business software.
3. Contractual relationship
3.1. By registering on Smeetz for Business, the Organizer enters into an Software as a Service contract (as defined in art. 4.1 below) directly with Smeetz.
3.2. These provisions essentially form the entire contractual relationship between Smeetz and the Organizer.
3.3. Smeetz reserves the right to define, by agreement with a given Organizer, other clauses complementing, modifying or replacing these terms and conditions and to offer, for example, discounts on Prizes, other Plans, other features or additional functionality to certain Organizers.
3.4. There is no right for an Organizer to obtain the functionalities made available to another User, other than those offered in the Plan (as defined in art. 4.2 below) subscribed by the said Organizer.
3.5. There is no right to create and maintain a profile on Smeetz for Business, and Smeetz is free to refuse or exclude an Organizer at any time, without giving reasons, from all or part of the services offered through Smeetz for Business.
4. Software as a Service contract – In general
4.1. Software as a Service Contract means the agreement between Smeetz and an Organizer whereby the Organizer is entitled to use all or part of the functionality of Smeetz for Business in return for payment.
4.2. The Software as a Service contract is entered into as soon as the Organizer creates a User account on Smeetz for Business and subscribes to one of the offerings on Smeetz for Business (the Plan(s)).
4.3. The data recorded by Smeetz constitutes proof of the conclusion of the Software as a Service contract for a given Plan.
5. Features available to Organizers - Plans
5.1. The Smeetz for Business features available to the Organizer depend on the Plan to which the Organizer has subscribed.
5.2. Details of the features for each Plan can be found on the dedicated pages of the Smeetz websites (e.g. accessible at: business.smeetz.com).
5.3. The Organizer may opt at any time to increase the features available by subscribing to a higher Plan.
5.4. The return to a lower Plan is only possible for the Organizer at the end of the subscription period of his previous Plan.
5.5. Smeetz is free to change the features available to Organizers under a particular Plan at any time. As a rule, Smeetz undertakes to maintain the features offered in the subscribed Plan or to offer alternative features that achieve the same goal. Smeetz may adjust the price of the Plans for the next term if necessary.
6. Features available to Organizers - Smart Pricing
6.1. The Smeetz Smart Pricing tool allows the Organizer to dynamically set the selling price of its Tickets according to certain parameters.
6.2. Dynamic prices automatically offered by Smeetz for Business are indicative and may not be accepted by the Organizer. It is the sole responsibility of the Organizer to ensure that the Smart Pricing is suitable for him/her and to change the proposed price immediately if it is not suitable. Smeetz will not be liable for any failure by the Organizer to verify and will not owe any amount as compensation for the sale of a Ticket at a dynamically set price.
7. Features available to Organizers – Other sales channels
7.1. The Smeetz for Business Platform allows Organizers to manage the Ticket availability on the Website, the App and all Smeetz partner Sales Channels.
7.2. It is the sole responsibility of the Organizer to ensure that the number of Tickets made available or for sale on the Website, the App and any other Sales Channels corresponds to the number of Tickets available. Smeetz will not be responsible for the sale of unavailable Tickets.
8. Features available to Organizers – Other features
8.1. Smeetz provides Organizers with access to other services such as rental equipment to manage attendance or payment terminals. The list of other features offered by Smeetz can be accessed through the following link: https://business.smeetz.com/en/pricing
8.2. In the event of the use of such services by an Organizer, separate conditions may apply in addition to the Contractual Documentation.
9.1. Prices per Plan and per time period (typically months or years) are listed on the Smeetz for Business Platform pages dedicated to each Plan.
9.2. In general, the price of the Plans is made up of a monthly or annual subscription fee and variable fees related to the use.
9.3. The subscription is payable, in advance, for each period. Usage fees are payable immediately after the use of the Services that generated the fee. Smeetz may automatically deduct the usage fees from the amounts transferred to Smeetz by its financial partners.
9.4. In case of non-payment in full of the price due at the beginning of each subscription period by the Organizer, respectively when using a fee-based Service, Smeetz may, in addition to the various legal and/or judicial means at its disposal, prevent the Organizer from accessing and using the Smeetz for Business Platform or restrict access to any free features offered by Smeetz until full payment in advance for the next period.
9.5. In addition, Smeetz reserves the right to change its pricing terms at any time, with reasonable notice to Organizers who have already registered (i.e. before the start of a new subscription period). Tickets sold under the previous pricing conditions will not be affected.
10. Offering for sale / availability of Tickets
10.1. The offering for sale or availability of Tickets and the contractual obligations arising therefrom are set forth in the Terms and Conditions for Selling of Tickets.
11.1. Unless otherwise agreed, the Organizer commits to use exclusively the services of Smeetz for the sale of its Tickets when entering into a Software as a Service contract.
12. Duration and termination
12.1. The Computer Services Agreement is normally entered into on a monthly or annual basis according to the information provided on the dedicated pages of the Smeetz for Business Platform for each Plan.
12.2. The termination by the Organizer is only effective on the originally scheduled term and the Organizer agrees to pay the price of the Plan until the next term.
12.3. Smeetz may offer the features of certain Plans to Organizers, free of charge, for a limited time (the Trial Period). Unless terminated prior to the end of the Trial Period, the Software as a Service contract is deemed to be concluded by deed and the Organizer agrees to pay the price of the Plan from the first day after the end of the Trial Period until the next term.
13.1. It is recalled in this context that the art. 7 and following of the general terms and conditions are applicable within the framework of the Software as a Service contract.
13.2. As stated in the general terms and conditions, Smeetz cannot be held liable for any incorrect or incomplete information. Furthermore, Smeetz does not guarantee and cannot be held responsible for the choice of the contracting party. The Organizer agrees to be solely responsible for their choice of whether or not to enter into a contract, including the provision or sale of Tickets on the Sales Channels of Smeetz' partners. Smeetz is not responsible for the proper performance of the contractual obligations of its partners when using their Sales Channels and cannot and should not control this.
13.3. Smeetz makes every reasonable effort to limit fraudulent use of the Platform. However, Smeetz cannot be held liable for any improper use of the Platform by a User, unless Smeetz is at fault.
13.4. It is recalled that the Organizer is solely responsible for the information he/she provides on the Platform, especially in relation to a given event or activity. The elements mentioned on the Platform can in no way be qualified as warranties or qualities promised by Smeetz.
13.5. The Organizer discharges Smeetz from any liability in connection with the performance of the Computer Service Agreement, excluding gross negligence and fraud, in particular for the unavailability of the Platform, the Website, the App, or other Sales Channels as well as for the prices set by the Smart Pricing tool. The Organizer expressly waives any claim or demand for compensation for damages, including but not limited to loss of profits, loss of savings, loss of production, loss of contracts or business opportunities, particularly in connection with the Software as a Service contract and the services offered, or in the event of non-fulfillment of all or part of the same.
13.6. The general exclusion of liability of Smeetz also extends to the violation of pre-contractual obligations of the Users as well as to their extra-contractual liability.
13.7. In any event, Smeetz shall not be liable for an amount exceeding the lower of the price set for the Plan or the price actually paid by the Organizer.