OZTIX/LOCALTIX PROMOTER TICKETING AGREEMENT

1. Parties: Ticket Solutions PL t/as Oztix or Localtix, PO Box 6191 Fairfield Gardens 4103 Qld, and the company or person listed as Promoter on the attached, or online, build-form.
2. The Promoter grants Ticket Solutions Pty Ltd trading as Oztix/Localtix the exclusive right as its agent to sell Tickets to Customers to the Event/s. Oztix/Localtix agrees to sell the Tickets in accordance with, and on receipt of, the completed Build-Form. The Promoter agrees and authorises Oztix/Localtix to charge and collect from each Customer the Ticket Price, the Booking, Handling and Transaction Fees and any Delivery Fee. Delivery Fees are optional to the Customer.
3. Definitions: "Build-Form" means the form available from Oztix/Localtix completed by the Promoter setting out details of the Event. "Customer" means the person who enters into a transaction with Oztix/Localtix to purchase a Ticket or Tickets. "Ticket" means the right of admission to the Event. "Ticket Price" means the price for a single Ticket including GST at the amount set out in the Show Build Form exclusive of any Oztix Charges. "Oztix Charges" are the fees collected and retained by Oztix including Booking, Handling, Transaction, Ticket Protection or Delivery. "Refund" means the amount of the Ticket Price excluding Oztix Charges refunded to Customers. Any additional terms or charges agreed between the parties must be agreed separately in writing.
4. The Term of the agreement commences upon acceptance by the Promoter and ends upon settlement of the event/s as listed on the online Build-Form.
5. The Promoter warrants that all information provided to Oztix/Localtix in relation to this Agreement and the Event, including the information in the Build-Form, is accurate and will remain accurate including Event capacities. The Promoter agrees that it is responsible for reviewing the Event listing on the Oztix/Localtix website and will immediately notifying Oztix/Localtix of any errors or omissions.
6. Oztix/Localtix is not responsible for any internet or ISP service interruptions or breakdowns, including on-site at Events.
7. Except as required by law, Oztix/Localtix will not be liable to the Promoter, its employees, agents or Customers under any circumstances for any loss of use, profit, revenue, interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Promoter in relation to this Agreement, the Event or any sale of Tickets. The Promoter herby indemnifies Oztix/Localtix against all and claims, damages, losses, costs incurred by or asserted against Oztix/Localtix by any Customer or in connection with any breach or default under this Agreement by the Promoter.
8. The Promoter must include GST in the Ticket Price. Oztix/Localtix only collects and charges GST on the Ticket Price as the Promoter's authorised agent and the Promoter is solely responsible for accounting to the Australian Taxation Office for the GST included in the Ticket Price.
9. The Promoter agrees that the Customer's purchase of Tickets and any Refunds for Events are subject to the "Oztix/Localtix Terms and Conditions Of Sale" as it appears on the Oztix/Localtix website (the "Refund Policy").
10. The Promoter is solely liable for any and all claims by any Customer requesting or entitled to a Refund including but not limited to cancellation, rescheduling or alteration of headline entertainment or any other valid reason in accordance with the Refund Policy. At Oztix/Localtix's request the Promoter agrees to liaise with any Customer requesting a refund from Oztix/Localtix. For the avoidance of doubt, the Promoter must handle all refund requests once Settlement of Funds has occurred.
11. The Promoter agrees to immediately notify Oztix/Localtix by telephone of any rescheduling, cancellation of the Event, the possibility of cancellation of an Event (however remote), or any alteration of a headline artist immediately it becomes aware that a change (of any nature) may occur. If the Event is to proceed, the Promoter is required to resubmit a Build Form with the updated information, as soon as practicable, but in any event, no later than fourteen (14) days after notifying Oztix/Localtix of the change. The Promoter acknowledges and agrees that Oztix/Localtix will be entitled to refund purchased tickets to Customers after the expiry of the fourteen (14) day period if the Promoter has not provided Oztix/Localtix with a resubmitted Show Build Form or has not confirmed the cancellation of an Event. Once notified of the cancellation, Oztix/Localtix agrees to cease all Ticket sales as soon as practicable.
12. The Promoter agrees to pay any outstanding fees due to Oztix/Localtix, regardless of the reason for any Refunds paid. Oztix/Localtix shall be entitled to deduct or set-off any amounts due to it from the Promoters funds being held by Oztix/Localtix at anytime.
13. The Promoter acknowledges and accepts that it has sole and absolute liability and responsibility for refunds that result from a Ticket purchase being cancelled by a Customer contacting the Customer's credit card provider after the purchase has been processed by Oztix/Localtix ("Chargeback"). The Promoter agrees to refund the amount of any Chargeback to Oztix/Localtix and also all costs incurred by Oztix/Localtix as a result of the Chargeback and in selling the original Ticket that was cancelled (including but not limited to Delivery Costs and Handling Fees.
14. The Promoter authorises Oztix/Localtix to hold on trust all Ticket Price monies collected from Customers (the "Ticket Funds") in a specific bank account. Providing the event was successfully held and that there has been no notice of a dispute, Oztix/Localtix shall remit all Ticket Funds to the Promoter within (7) days from the completion of the Event, less any amounts owing to Oztix/Localtix by the Promoter under this Agreement; and with a settlement report summarising all sales (if any), refunds and deductions during the period that Tickets were for sale.
15. This Agreement represents the entire agreement between Oztix/Localtix and the Promoter and supersedes any other agreement made between both, whether verbal or in writing except if the Promoter already has a valid written agreement with Oztix / Localtix.
16. This agreement is governed by the laws of Queensland and the parties submit to the courts of that jurisdiction.