Contract Terms and Conditions for Event Organisers
Version 5.2 (last updated 17/02/17)
- "Fabian4" shall mean a division of Fabian Computers Ltd.
- "Event Entry Data" shall include all data entered by the competitor, except for
credit or debit card details.
- "System" shall mean the online entry service provided by Fabian4.
- "Official Closing Date" shall mean the date on which normal event entries close.
This date is only relevant to condition 4 below, where the date is prior to 1 month
before the event.
- "Buyer" shall mean any user of the System purchasing an event entry or an associated event option.
- "Organiser" shall mean the person named in section 1 of the Event Specification form.
Conditions - The fees quoted in blue are
applicable where the event income is requested in Euros (€). The percentage fees
are the same for both Sterling and Euro income.
- Entry Fees – Unless otherwise authorised, the entry fees for competitors
entering through this system must be no more than the entry fees concurrently on
offer via an alternative method (e.g. by post). [For authorisation of the
relaxation of this condition please contact Fabian4.]
- Your Obligation – You agree to provide an entry to your event for
all competitors who enter via this system, and who comply with any
event entry requirements.
- Event Registration – Events shall be registered with the
appropriate governing body (where applicable) prior to the opening of online entries.
- Competitor Refunds – Competitors may cancel their entry prior to
2 calendar months before the event and will receive a refund minus an administration charge. The total administration charge paid by the competitor covers the original Fabian4 charge made to the event for that entry, and the Fabian4 refund administration fee; hence the net cost to the event is zero. Cancellation requests received after the 2 month cut-off are not eligible for a refund unless explicitly permitted as detailed in the event specification form for your event. I.e. the 4th January would be the last day a
refund could be claimed for an event starting on the 5th March.
- Event curtailment or cancellation – A suitable cash refund of any surplus funds shall be offered to competitors as soon as possible. Accounts of the event, detailing the income and expenditure, and hence the amount available for refunds, shall be made public at the same time. Refunds made via Fabian4 are subject to the charges detailed below. Fabian4 reserves the right to withhold outstanding payments while the accounts are prepared. However, funds will not be unreasonably withheld if these are required to cover committed expenditure. Competitors can be offered alternative compensation, in addition to the cash refund option.
- Event postponement – If the event date is changed, competitors
shall be offered standard refund terms as detailed above, but where the new date
is less than 2 months from the date of the change then the standard refund terms
shall be offered for 7 whole days, but ending the day prior to the event where
there are fewer than 7 whole days to go.
- Charge – 6% of accepted event fees processed by the system
(subject to the minimum charge as detailed below). Competitor refunds made
at the direction of the event organiser (e.g. if the event is cancelled) are charged
at £2.40 (€2.40) per entry form, and are
in addition to the standard 6% charge above.
- Minimum Charge - Where the average transaction value in any particular
month is less than £10 (€10), a minimum charge
of 60p (€0.60) will be applicable per
transaction. (I.e. 6% of £10). Note that multiple entrants on the same
form, and optional charges (e.g. camping), will boost the average monthly transaction
- Vetting refund charge - £2.40 (€2.40) per entry form, payable by the event, where a competitor fails to
meet any one of a number of possible event entry requirements (e.g. long fell
races requiring navigation skills).
- Payment – By monthly electronic transfer, 1 month in arrears. For
example, fees received in January will be transferred at the end of February.
3 working days should be allowed for payment to reach your account. The p ayment
represents event fees processed, minus the Fabian4 charge.
- Termination – You may terminate the use of the system at any time,
upon request. Any outstanding payments will be made in accordance with the
payment terms above.
- Data protection – Event Entry Data downloaded from the system shall
only be used in connection with the event for the purpose of processing entries,
timekeeping and publishing results, and shall not be passed to any third party.
- Chargebacks – All communications and disputes regarding chargebacks
are between the Organiser and the Buyer and Fabian4 will not be responsible or liable
in any way for chargebacks in connection with a Buyer's use of the System.
- Limitation of liability – Notwithstanding any provision to the contrary,
the total liability of Fabian4 and its employees and consultants, for all losses, damages,
costs, and expenses, including legal fees, shall not exceed the aggregate services charge
paid to Fabian4 under this Agreement, regardless of the legal theory under which such liability is imposed.
- Force majeure – Fabian4 shall not be liable for failing to perform or a delay of performance, if the delay or failure is caused by circumstances or events outside Fabian4's reasonable control, which shall include
but not be limited to failure of the 3rd party website hosting service, failure of the 3rd party card payment service, acts of God, war, strikes or labor disputes, embargoes, government orders or any other force
- VAT - Fabian Computers Ltd is currently deregistered from VAT and therefore VAT is not applicable to the fees quoted above.