Prekindle Ticket Seller Agreement
This Agreement between You, a person, organization or other entity (“Organizer”) and Prekindle, LLC (“Prekindle”), (collectively “the Parties,”) is effective upon creating an account on Prekindle. By accessing or using Prekindle’s Services, you agree to comply with and be bound by these Terms, as applicable to you.
The Parties hereby agree as follows:
1. Services and Responsibilities. See Services and Responsibilities included herein as Schedule A.
2. Service Fees. See Payment and Fees included herein as Schedule B.
3. License. Prekindle hereby grants to Organizer, for the term of this Agreement, a nonexclusive, non-assignable, right and license to use the Software in connection with its business.
3.1 Organizer acknowledges and agrees that Prekindle has and will retain all right, title, interest and ownership in and to (i) the Software and any copies or updates of the Software, (ii) all materials, including, without limitation, any other computer software (in object code and source code form), script, programming code, data, information or HTML script developed or provided by Licensor or its suppliers under this Agreement, and (iii) any trade secrets, know-how, methodologies and processes related to Licensor’s products or services (collectively, “Licensor Materials”).
3.2 Organizer acknowledges that the Licensor Materials constitute proprietary information and trade secrets of Licensor and its licensors, whether or not any portion thereof is or may be the subject of a valid copyright or patent. Licensee shall have no right, title or interest in such proprietary rights. To the extent, if any, that ownership of the Licensor Materials does not automatically vest in Licensor by virtue of this Agreement or otherwise, Licensee hereby transfers and assigns to Licensor all rights, title and interest that Licensee may have in and to the Licensor Materials. Licensee agrees, upon request by Licensor, to take such further actions as may be appropriate to give full and proper effect to such assignment. Licensee agrees to execute and deliver, and will execute and deliver, any and all papers, instruments or other documents, including assignments, and do any and all other lawful acts that may be desirable in the opinion of Licensor to secure, establish and maintain title in Licensor, its successors and assigns, to any and all Licensor Materials and all modifications or derivations thereof, and give Licensor, its successors and assigns the full benefit of the assignment set forth herein. Licensee hereby irrevocably appoints Licensor as attorney-in-fact for Licensee with full power and authority to execute and deliver in the name of Licensee any such instrument or instruments.
3.3 Organizer recognizes that the Software is the proprietary and confidential property of Prekindle. Accordingly, Licensee shall not, without the prior express written consent of Licensor, during the term of this Agreement and for seven (7) years thereafter, disclose or reveal to any third party or utilize for its own benefit other than pursuant to this Agreement, any Software provided by Licensor, provided that such information was not previously known to Licensee or to the general public. Licensee further agrees to take all reasonable precautions to preserve the confidentiality of Licensor’s Software and shall assume responsibility that its employees, sublicensees, and assignees will similarly preserve this information against third parties. The provisions of this clause shall survive termination of this Agreement.
3.4 The license granted hereunder is personal to Licensee and may not be assigned by any act of Licensee or by operation of law unless in connection with a transfer of substantially all the assets of Licensee or with the consent of Licensor.
3.5 Licensee shall take no steps in attempting to reverse engineer the Software.
3.6 Upon the expiration or termination of this Agreement, all rights granted to Licensee under this Agreement shall forthwith terminate and immediately revert to Licensor and Licensee shall discontinue all use of the Software and the like.
3.7 This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their heirs, administrators, successors, and assigns.
4. Ticket Allocations. Organizer is solely responsible for accurately maintaining the number of Tickets available for sale through the Prekindle Ticketing System. Prekindle will not be responsible in any way for over-selling Events (e.g. selling Tickets in excess of the venue’s capacity or in excess of the number of Tickets Organizer intended to allocate to the Prekindle Ticketing System). Organizer agrees to reimburse Prekindle for any and all costs, expenses and losses incurred by Prekindle due to over-selling Events, and Prekindle will be entitled to deduct such amounts from Settlements.
5. Canceled and Postponed Events. All Ticket sales are final, unless Organizer’s Event is canceled. Organizer recognizes and agrees that a complete Refund must be issued to all customers if an Event is cancelled for any reason and a rescheduled date is not announced within 30 days. In case of cancellation, Organizer must pause all sales on the Event and update the Event’s title to include the word “Cancelled” in the Prekindle system prior to 48 hours before the original Event start time. If refunds are not issued by Organizer within 48 hours after the original Event start time Prekindle will do so. If an Event is rescheduled more than twice over a period of 12 months it is considered cancelled and must be refunded.
5.1 In case of postponement with no reschedule date announced, Organizer must update the Event’s title to include the words “Postponed - Date TBA” in the Prekindle system prior to 48 hours before the original Event start time. In case of postponement to a confirmed rescheduled date, Organizer must update the Event’s date in the Prekindle system prior to 48 hours before the original Event start time.
5.2 When Prekindle acts as Processor and Organizer receives payment via Direct Deposit: at the time an Event is canceled, Prekindle has the right to debit Organizer’s bank account for the total amount of all Settlement Payments issued for the canceled Event prior to the cancellation. Prekindle will Refund the Ticket face value, minus Service Fees, to the purchasing customers only after being reimbursed by Organizer. If the funds in Organizer’s bank account are insufficient, Organizer shall provide Prekindle with sufficient funds to issue all Refunds within three (3) business days of canceling an Event
5.3 When Prekindle acts as Processor and Organizer receives payment via Check or PayPal: at the time an Event is canceled, Prekindle will Refund the Ticket face value, minus Service Fees, to the purchasing customers. If Ticket Sales Settlement Payments being held by Prekindle for Organizer’s Events is insufficient to cover the Refunds, Organizer shall provide Prekindle with sufficient funds to issue Refunds within three (3) business days of canceling and Event.
6 Refunds and Refund Policy. Organizer acknowledges Prekindle’s Standard Refund Policy. The most up-to-date refund policy is always posted at www.prekindle.com/refundpolicy. Prekindle’s support team may void a purchase made by mistake if the customer requests a refund the same day. All other refund requests are denied, or handled in accordance with the Organizer’s wishes
6.1 When Prekindle acts as Processor (meaning Organizer’s account setting for Merchant Account is not set), it is agreed and understood that Prekindle is the Ticketing Agent of Organizer and therefore Prekindle’s agreement to make any Refunds as the agent of Organizer is subject and limited to Prekindle’s holding or receiving from Organizer the full amount of funds necessary to make Refunds to all Ticket Buyers properly entitled to a Refund. Organizer may authorize Prekindle to grant Refunds for any other reason, at Organizer’s own discretion, and in such event Prekindle may deduct the amounts of such Refunds from the Settlement Payments owed to Organizer. If Settlement funds are insufficient, Organizer shall provide Prekindle sufficient funds to make Refunds within three (3) business days of canceling an Event. Organizer agrees that Prekindle will be entitled to retain the Service Fees assessable with respect to the initial sale of Refunded Tickets.
6.2 When Organizer acts as Processor (meaning Organizer’s account setting for Merchant Account is set to Organizer’s third party payment gateway), Organizer is at liberty to set a Refund Policy of their choosing. Use of the Prekindle site must be consistent with Organizer’s published Refund Policy.
7. Chargebacks. For purposes of this Agreement, “Chargebacks” shall mean the amounts that the merchant bank is charged back by a cardholder or a card issuer under the card organization’s rules (e.g. cardholder dispute, fraud, declined transaction, returned Tickets for Cancelled Events, etc.).
7.1 When Prekindle acts as Processor, Organizer is responsible for any Chargebacks that Prekindle receives from its merchant bank in connection with Organizer’s Events. Prekindle does everything in our power to dispute chargebacks promptly with full documentation for transactions processed using our merchant account. Organizer acknowledges that Prekindle reserves the right to charge Organizer for loss due to a chargeback disputed by its deadline.
7.1.1 When Organizer receives payment via Direct Deposit: Prekindle reserves the right to debit from Organizer’s bank account, for up to eighteen (18) months after the occurrence of an Event, the total amount due for Chargebacks incurred in connection with Organizer’s Events. If the funds in Organizer’s bank account are insufficient, Prekindle will invoice Organizer for the total amount due and Organizer shall provide Prekindle with sufficient funds to cover such Chargebacks within thirty (30) days of receiving the invoice.
7.1.2 When Organizer receives payment via Check or PayPal: Prekindle reserves the right to deduct Chargebacks from Organizer’s Ticket Sales Settlement Payments or for up to eighteen (18) months after the occurrence of an Event. If Settlement Payment funds are insufficient, Prekindle will invoice Organizer for the total amount due and Organizer shall provide Prekindle with sufficient funds to cover such Chargebacks within thirty (30) days of receiving the invoice.
7.2 When Organizer acts as Processor, Organizer is solely responsible for processing, funding, or responding to any Chargebacks.
8. Event Restrictions. When submitting Events to the Prekindle Ticketing System, it is Organizer’s responsibility to provide any restrictions associated with said Events. Events that require a restriction for admission, including, but not limited to, age, school or organizational affiliation, or other characteristics, must be clearly stated by Organizer upon submission to the website. It is Organizer’s responsibility to ensure that said restriction is lawful and does not violate any federal, state, or local laws prior to submitting Events to Prekindle.
9. Advertising and Linking. Organizer will display the Prekindle logo on its website and agrees to provide a hyperlink to Prekindle’ website with a call to action such as “Buy Tickets.”
10. Sales Tax.
10.1 When Prekindle acts as Processor and Organizer is based or Events occur in the States of Texas, Prekindle must collect and remit the applicable sales taxes to the State of Texas on Organizer’s behalf. Any state and local sales tax due to the state for the sales is to be filed in an official return and remitted to the state by Prekindle on behalf of Organizer. Prekindle will provide a statement to Organizer upon request detailing for each event the total sales tax liability that is reported and remitted.
10.2 When Organizer acts as Processor, or Organizer is based or Events occur outside the State of Texas, it is Organizer’s responsibility to know if any applicable laws apply and to adjust the Ticket price accordingly to account for payment of these taxes. Organizer agrees to report and remit its own Sales Tax on an official return to the appropriate authorities. Prekindle is to provide reporting tools to Organizer detailing gross sales for any period or category.
11. Access. Organizer understands and agrees that the site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which we may undertake from time-to-time; or (iii) causes beyond our control or which are not reasonably foreseeable by Prekindle.
12. Billing Authorization. This Agreement authorizes Prekindle to charge Organizer for all payments due. If Organizer has configured ACH direct debit for payment, Prekindle is authorized to initiate electronic debit entries to Organizer’s bank account. If Organizer has configured a credit card for payment, Prekindle is authorized to initiate credit card charges to Organizer’s credit card. This authority will remain in effect until Organizer has cancelled it in writing Prekindle via email to email@example.com. Organizer acknowledges that the origination of ACH transactions to the authorized account must comply with the provisions of Texas and United States law.
13. Representations and Warranties. Organizer represents and warrants the following: (i) You are over eighteen (18) years of age; (ii) You have the right, power, and authority to execute, deliver, and perform this Agreement; (iii) You are a producer, promoter, presenter, or manager of the Events; (iv) You have the authority and right to offer, sell, and honor the Tickets to Events sold on the Prekindle website; (v) the Events and any material or content provided by Organizer to Prekindle for use on the Prekindle website is/are not pornographic, defamatory, grossly offensive, harassing, malicious, or otherwise objectionable and do not infringe or violate the rights of any person or entity, including, but not limited to, copyright, trademark, trade secret, proprietary, intellectual property, and rights of privacy and/or publicity, whether by statute or common law; (vi) Organizer will not use the Prekindle website or service for any unacceptable uses; (vii) the Events and the sale of Tickets to Events do not constitute a violation of any federal, state, and/or local law; and (viii) Organizer will only use the Prekindle system to transmit and disseminate information to Ticket purchasers that is reasonably related to a particular Event or Ticket purchase.
14. Misrepresentation of Events. Events must be accurately and truthfully described when Organizer submits Event listings to the Prekindle website. If Prekindle discovers and determines, in our sole discretion, that Organizer misrepresented an Event, Prekindle will cancel the Event and a Refund will be issued to Ticket purchasers. If Prekindle determines that Organizer repeatedly engages in the conduct described in this section, Organizer’s account will be terminated and any other Events submitted by Organizer will be cancelled.
15. Technical Support. Prekindle will provide support in dealing with any difficulties which may arise in connection with Organizer’s use of the Prekindle website. Prekindle attempts to provide such support in a timely manner, but make no guarantees that we will respond to your inquiry by a particular time. Technical Support is available during normal business hours or by arrangement. Technical support can be reached by phone at 888-454-4353 or by email at: firstname.lastname@example.org. Technical Support hours are subject to change.
16. Security. Prekindle will take reasonable measures to maintain Organizer’s Event data in a secure manner. Prekindle will provide Organizer with a user ID and password that allows Organizers to add, modify, or update your Event data on the Prekindle server. Organizer will be solely responsible for the confidentiality of your ID and password and for any authorized or unauthorized access to this site by any person using your ID and/or password. Organizer agrees to notify Prekindle immediately of any unauthorized use of your password, ID, or any other breach of security discovered by Organizer.
17. Disclaimer of Warranties. THE PREKINDLE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT ORGANIZER’S SOLE RISK. PREKINDLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) THAT THE SITE, OR THE SERVICE PROVIDED BY PREKINDLE, WILL MEET ORGANIZER’S REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION OR MATERIAL OBTAINED FROM THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR FREE FROM VIRUSES OR OTHER FORMS OF MALICIOUS OR DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY ORGANIZER FROM PREKINDLE, WHETHER IN ORAL, WRITTEN, OR ELECTRONIC FORM, RELATING TO ORGANIZER’S USE OF THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
18. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PREKINDLE BE LIABLE TO ORGANIZER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR SERVICE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ORGANIZER’S USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY TRANSMISSION OR DATA; (D) ANY MATERIAL OR DATA TRANSMITTED OR RECEIVED OR NOT TRANSMITTED OR RECEIVED; AND/OR (E) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO ORGANIZER. ORGANIZER’S SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO THE TOTAL FEES AND CHARGES PAID BY ORGANIZER TO PREKINDLE AND WILL NOT EXCEED THAT AMOUNT.
19. Indemnification. Organizer agrees to indemnify, hold harmless, and defend Prekindle, our employees, and our agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement and/or any breach by Organizer thereof; (b) Organizer’s use of the site, including any data, content, or work transmitted or received by you; (c) any unacceptable or objectionable use of the website, as Prekindle determines at our sole discretion; (d) any negligent or willful misconduct by Organizer; (e) any illegal or injurious behavior of Attendees of an Event; and (f) any negligence or failure of other Vendors serving Organizer at an Event.
20. Integration and Conflicting Terms. This Agreement, our service charges and fees, constitute the complete and exclusive statement and agreement between Prekindle and Organizer with respect to the website and supersedes any and all prior or contemporaneous communications, representations, statements, agreements, and understandings, whether in oral, written, or electronic form, between Organizer and Prekindle concerning the use of the website.
21. Independent Contractors. Prekindle and Organizer are and will be independent contractors and neither party by virtue of this Agreement will have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other.
22. Confidentiality and Non-Disclosure. Organizer understands and acknowledges that Prekindle is the owner of valuable trade secrets and confidential, non-public, and proprietary information (collectively "Confidential Information") and acknowledges that the services which Prekindle perform involve the furnishing of Confidential Information to Organizer including, but not limited to: (1) sales; (2) pricing; and (3) business strategy, and that the goodwill of Prekindle depends, in part, upon Organizer keeping such information confidential. Organizer agrees to use your best efforts to protect Prekindle Confidential Information and to implement security measures to keep said information confidential. Except pursuant to court order or the prior written consent of Prekindle, Organizer agrees to not disclose, distribute, sell, license, transmit, or disseminate any Confidential Information to any other party or permit or cause any unauthorized party to disclose, examine, and/or reproduce any reports, documents, transmissions, or data containing Confidential Information prepared or owned by Prekindle. If Organizer is requested or required to disclose Confidential Information pursuant to legal proceedings, you will promptly notify Prekindle so that we may prepare a response to said legal proceedings.
23. Modification and Amendment. Prekindle has the right, at any time and without notice, to add to or modify the terms of this Agreement by delivering such amended terms to Organizer by email at the address provided to Prekindle by Organizer. Organizer’s access to or use of the Prekindle website after the date such amended terms are delivered to you will be deemed to constitute acceptance of such amended terms. No modification made by Organizer will be binding upon Prekindle unless it is made in writing and signed by Prekindle.
24. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party will be excused to the extent that it is prevented, hindered, or delayed by such causes.
25. Severability. If any one or more of the provisions contained in this Agreement will for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding will not affect the remaining provisions of this Agreement, which will be enforceable to the fullest extent permitted by law.
26. Mediation. Any controversy or claim arising out of or relating to this Agreement or a breach thereof, with the exception of any injunctive or equitable relief sought by Prekindle for any violation of this Agreement, will be submitted to mediation in Dallas, Texas in accordance with the rules and procedures of the American Arbitration Association ("AAA"), with the exception of any conflicts-of-law provisions.
27. Governing Law and Forum. This Agreement is made in and will be governed by the laws of Texas, excluding its conflicts-of-law provisions. If, for any reason, the Mediation provision contained in Section 23 will be found to invalid or unenforceable in any respect, or Organizer decides to challenge the mediator’s decision or this Agreement, or Prekindle initiates equitable proceedings, all actions, claims, or disputes arising under or relating to this agreement will be brought in the federal or state courts of Dallas, Texas. Organizer irrevocably submits and consents to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Texas. Organizer hereby irrevocably waives any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Texas and to the venue of any such suit, action, or proceeding brought in any federal or state court in Dallas, Texas.
28. Notice. Except as provided herein, all notices relating to the site, Organizer’s use thereof and/or this Agreement sent by either party will be deemed to be delivered when sent via email to the other party's last known email address.
29. Remedies. In order to avoid irreparable injury to Prekindle, in the event of any breach or threatened breach by Organizer of the provisions of this Agreement, Prekindle will be entitled to an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement will be construed as prohibiting Prekindle from pursuing any other remedies available to us for such breach or threatened breach, including the recovery of monetary damages from Organizer.
1. Prekindle Services and Responsibilities. Prekindle will provide the following Services under this Agreement:
(a) Display and list Organizer’s Events on the Prekindle website, located at the following address: http://www.prekindle.com;
(b) support hypertext links from other websites that link to the Prekindle web-based Ticketing service functions in support of Organizer’s Events;
(c) Provide Organizer an e-commerce solution accepting credit cards for admission purchases;
i. Optionally, utilize Prekindle’s Merchant Account to provide credit card processing and settlement of proceeds according to agreed pricing; OR
ii. Utilize Organizer’s Merchant Account and Internet Processing Gateway to deliver payment per transaction subject to batching, processing, and timeliness of these services. Organizer will be paid directly the full admission price, including all fees and applicable state and local taxes, multiplied by the number of admissions sold by Prekindle for each event, with no funds being held or transferred by Prekindle;
(d) Provide purchasers information such as: disclaimers, price, location, time, and link to purchase;
(e) Set and limit ticket sales to the capacity specified by the Organizer;
(f) Conclude all online sales at the time specified by the Organizer;
(g) Provide an accurate, final guest list to be printed/downloaded once online sales are concluded;
(h) Provide a final statement summarizing sales and amount due;
(i) provide an accounting to Organizer of the fees and charges for each Ticket sold by Prekindle;
(j) Invoice Organizer weekly for any Prekindle fees due from Organizer to Prekindle and collect fees due from Organizer via ACH debit no sooner than three (3) business days after the date of invoice;
2. Organizer Responsibilities. Organizer agrees to:
(a) Allow attendees to buy a limited amount of admissions per transaction;
(b) Grant admission to those attendees on the guest list or bearing printed or print-at-home tickets who meet the Organizer’s standard admittance criteria, to include at Organizer’s discretion presentation of the printed email receipt received by the purchaser;
(c) Set capacity in order to determine the amount of tickets available for sale;
(d) Release further availability for purchase of admissions as deemed necessary by Organizer;
(e) Link to the Prekindle promo page(s) from Organizer website or online/print advertisement;
(f) Suspend sales on the promo page as deemed necessary by Organizer;
(g) Consider the final guest and ticket lists the authority to determine the number of admissions and weekly amount due to Prekindle;
(h) Be responsible for any discrepancies between actual event and event details advertised by www.prekindle.com or Organizer’s branded URL
(i) Be responsible for the event details advertised on Prekindle, unless the discrepancy was caused by a Prekindle technical malfunction.
2. Service Fees. Prekindle is authorized to charge a Ticket Service Fee per ticket in the amount equal to the fee calculated on the Prekindle dashboard when the Organizer creates the price. Organizer acknowledges that this Service Fee will be applied to all Event Tickets purchased Online, over the Telephone, or at the Event.
3. Optional Services and Related Fees. Organizer agrees to pay Prekindle the amount equal to the fee calculated on the Prekindle dashboard when the Organizer creates the price for any optional service and related fees.
4. Customer Data. Prekindle will gather customer data to fulfill services with ticket buyers. Customers are automatically opted into having their information shared directly with Organizer. Customer data is available to Organizer via the Prekindle site. Prekindle reserves the right to reasonable use of customer data for the duration of this Agreement, but recognizes Organizer as the owner of this data.
Fees for online tickets sold vary depending upon the services provided. Fees for purchases requesting tickets to be printed and mailed vary depending on how many tickets are sold. Prices for bulk printed tickets vary depending upon how many tickets are ordered. Refer to up-to-date pricing depicted on account dashboard.
When proceeds are due to Organizer, Settlement can be paid by:
1. Settlement Payments. Prekindle will collect all proceeds from Ticket Sales, deposit them into an account maintained by Prekindle, and remit the portion of such proceeds due to Organizer less the amounts to which Prekindle is entitled pursuant to this Agreement.
1.1 Settlement Payment via Direct Deposit: If Organizer chooses the Pay by Direct Deposit option, Settlement Payment on Ticket Sales for all Organizer Events active in the Prekindle Ticketing System will be made via ACH Direct Deposit every Monday at end of business day. All sales, fees, charges, and funds are payable in U.S. Dollars via ACH Direct Deposit. Prekindle reserves the right to hold Settlement funds equal to 10% Gross Ticket Sales Value for a period of ninety (90) days after the date of the first or last transaction in order to accommodate canceled events, chargebacks, disputed transactions or any other circumstances that may pose significant exposure, risk, or liability to Prekindle.
1.2 Settlement Payment via Check: If Organizer chooses the Pay by Check option, Settlement Payment on Ticket Sales for all Organizer Events will be made by Check, payable only to the Organizer name that was supplied during the account setup process. Payments will be sent to the Organizer at the address supplied during the account setup process via US Mail every week, and will include the full amount
2. Automatic Settlements. Events that have occurred are automatically settled each week on Monday. Funds will typically be available Tuesday or Wednesday.
3. Emergency Settlements. When funds are needed immediately a wire-transfer can be made for $30. Cash Delivery can also be arranged with enough notice to access our bank.
When fees or payments are due to Prekindle, Settlement is collected by:
1. Collections. Invoices are sent to the Organizer on Mondays reporting total tickets sold for the previous period (usually one week), and total fees owed to Prekindle. Fees are debited from Organizer’s bank account three (3) days after the date of the invoice. Payment may be made by check by prior arrangement via email with email@example.com.