Article 1. Definition
- Infomaniak refers to the service provider, i.e. Infomaniak Entertainment SA,
- By Organiser, we mean the person subscribing to the General Terms and Conditions of Use of the ticketing product, or the owner of the account. The partner for this purchase is FREETHEBEES.
- By Buyer, we mean a person or a customer who places one or more ticket orders on the FREETHEBEES Organiser's website (integrated ticketing, URL, API),
- A period is the interval between the beginning and end of an event or season,
- An event is defined as any specific date of an event included in a period of time,
- By seating plan, we mean one or more available areas making up the event venue.

Article 2. Infomaniak's obligations
Infomaniak Entertainment SA undertakes to provide FREETHEBEES with an internet ticketing service available and operating 24 hours a day.


2.1 Operating principle of the ticketing service on the "Buyer" side
The order and ticket purchase process is carried out online from the FREETHEBEES website.
The Purchaser may view the dates of the events, select tickets, subscriptions (or "passes"), and pay the invoice online by Eurocard/Mastercard or VISA (CH / Euros) or Postcard (CH) credit card.
Once payment has been accepted, the Buyer will receive his/her tickets by email and will print them by his/her own means. These tickets are called "print@home" tickets. He/she may also receive a mobile version of the tickets by email. This process is not necessary for the purchase of tickets for online conferences.


2.2 Operating principle of the "Freebie Organiser" interface
The FREETHEBEES Organiser manages a programme by defining periods, events and/or subscriptions.
He can use a numbered seating plan available or created by "Infomaniak" and sets different rates for each numbered or free zone.
The FREETHEBEES Organiser can contact people who have purchased tickets for future events at any time, either by SMS or email, using the tools provided by Infomaniak in the administration console (Mailing, Newsletter).
It can also export all of its customers' email addresses, or use the mailing or newsletter to keep them informed of the upcoming programme or send them last-minute information.
The customer file(s) of each buyer registered in the Infomaniak ticketing system are the exclusive property of the FREETHEBEES Organiser. Infomaniak may under no circumstances make use of them or communicate them to third parties.
It is possible to select only certain recipients according to specific criteria:
- subscribers to the mailing list,
- registered in the system but not having purchased a ticket(s),
- having bought a ticket for a particular event,
Complete statistics and reports are available in real time for the FREETHEBEES Organiser whether for online ticket sales or for sales and invitations made by the FREETHEBEES Organiser, or by one of the FREETHEBEES Organiser's sales outlets.


2.3 Tickets
The appearance of the ticket printed on the Buyer's printer (print@home) can be personalised by the FREETHEBEES Organiser.
If the FREETHEBEES Organiser does not wish to personalise it, a default display and Infomaniak's Standard Terms and Conditions will be used.

In the event that the FREETHEBEES Organiser decides to create its own general terms and conditions, they must be sent by email and validated by Infomaniak beforehand.
Another personalisation interface offers the possibility of modifying the appearance of certain tickets in order, for example, to hide the price of tickets offered to staff or sponsors. Ticket personalisation is done directly from the administration console of the FREETHEBEES Organiser.

2.4 Access control
Access Control can be carried out in 3 different operating modes.

1. Infomaniak hires out the equipment from the FREETHEBEES Organiser that enables it to control and validate the tickets generated by the ticketing service
2. The Organiser FREETHEBEES uses its equipment and downloads the E-tickets iOS and Android application.
3. The Freethebes Organiser prints out the list of tickets to be checked and, on the basis of this list, checks the ticket holders.
It is the responsibility of the Organiser FREETHEBEES to ensure the following points when controlling an event :
- Make sure to have the personnel trained in ticket control and present at the time of the opening of the doors,
- Make sure that you have enough control devices and that they are charged 12 hours before use,
- Make sure you have a working WiFi connection at least 30 minutes before the start of the event and download the tickets sold at each control device.
In the event of a last-minute problem, Infomaniak has implemented an "emergency mode" allowing an event to be controlled without WiFi and without having previously downloaded the tickets sold onto the control devices, and an "off-line" mode.
Infomaniak can only be held responsible for an event control problem if a malfunction in the software has impacted the control of an event on the operating modes.


Article 3. Operating principle between Infomaniak and the Organiser FREETHEBEES
Infomaniak's commission is only charged on tickets collected by Infomaniak's credit card or Postcard system. It is determined as soon as the ticketing service is available. The default commission is 2.5% + CHF 0.89 for credit cards and CHF 0.20 for other payment methods.
Infomaniak will pay FREETHEBEES the full amount that the Buyers have paid to Infomaniak by credit cards or Postcard payment cards, minus the commissions for the other payment methods.
Supplies handed over to the FREETHEBEES Organiser are invoiced in addition to or deducted from the statements (PVC cards, ink rollers, badges, rentals etc.). Payments of receipts less commissions and other fees are made monthly, at the beginning of each month, on the amounts collected the previous month.
The tickets generated and cashed from the administration console by the FREETHEBEES Organiser are managed by him alone :
- tickets purchased / paid tickets collected from the "counter" (web or mobile)
- free" tickets

On request and at any time, the FREETHEBEES Organiser can obtain an advance payment of its assets, up to the amount that Infomaniak owes to the FREETHEBEES Organiser minus the net commission or other costs. The amount of this advance payment will be deducted from the monthly payment. The payment order will be made within 48 to 72 working hours at the latest by Infomaniak via e-banking. This request can be made directly on the ticketing service.

Under no circumstances will Infomaniak make a direct refund to the Buyer of a ticket. It is the responsibility of the FREETHEBEES Organiser to make arrangements with the Buyer to find a solution in the event of a problem, or a particular request from the latter which is not within the remit of Infomaniak.
In the event that a Buyer of ticket(s) makes an objection with his/her bank (a purchase by credit card can be disputed within 3 months), and that this sum has been credited to the Buyer by the credit card organisation, Infomaniak will invoice all the disputed amounts to the FREETHEBEES Organiser, communicating to it all the elements enabling it to identify the Buyer(s) of the ticket(s) and to obtain all the information on the use that has been made of this (these) ticket(s). It is up to the FREETHEBEES Organiser to contact or claim against the Ticket Buyer(s), to recover the sums collected.
Infomaniak provides permanent and real-time complete traceability of each transaction, the full details of each Buyer, as well as the details and traceability of each ticket generated.
Putting an event up for sale on the FREETHEBEES Organiser's website implies that Infomaniak :
Provides the FREETHEBEES Organiser with all information concerning the sale of its event (details of sales, invoices, etc.),
Is not responsible for promotion and pre-sales, and cannot influence the sales results of the event (period, event(s)),
Cannot guarantee a minimum number of tickets sold,
Cannot be held responsible for any programme changes or cancellations,


Article 4. Obligations of FREETHEBEES
FREETHEBEES may use the ticketing product within or outside its main activity.
FREETHEBEES undertakes to follow the procedure for setting up ticket control.
Infomaniak enables FREETHEBEES to publish videos for all the events it manages from the ticketing system. Infomaniak is responsible for the loss of data but under no circumstances for the publication of the content of the videos. FREETHEBEES ensures the legality and compliance of the rules and content published for each of the events put on sale using the ticketing tool.

Article 5. Duration and cancellation
By default the duration of use of our product is unlimited.
In the event that the FREETHEBEES Organiser and Infomaniak have agreed in an annexed contract on the conditions specifying a duration and termination for the use of this product, the default terminations of this article cannot be applied.


Article 6. Cancellation insurance
Infomaniak has concluded a contract with Allianz Assurances for Buyers. The Organiser FREETHEBEES is relieved of all management. In the event that the Purchaser is unable to participate in the event, the Purchaser may contact the support of Allianz Assurances to obtain partial or total reimbursement of his/her tickets in accordance with the GTC which he/she accepted when he/she placed his/her order. The amount of the insurance is freely agreed between Infomaniak and Allianz Assurances at CHF 3.00 per ticket.
Phone: 044 283 32 22
E-Mail: info@allianz.com


Article 7. Force majeure
In the event of force majeure as usually recognised by case law, the party who cannot perform its obligations in accordance with these Terms and Conditions will be required to inform the other party by registered letter as soon as it becomes aware of it.
This will not bind the other party in any way as to the acceptance or contestation of the allegations relating to the case of force majeure. In a case of force majeure, the Organiser FREETHEBEES may immediately terminate these Conditions at any time.
General Terms and Conditions and Terms and Conditions of Performance
Infomaniak's technical assistance will be limited to the commitments related to these
General Conditions of Use and their maintenance.
As far as statistics are concerned, the figures published by Infomaniak are authoritative without exception. They can be consulted at any time on a secure website made available by Infomaniak.
FREETHEBEES assumes full responsibility for any damage that may be caused by its fault in the secure administration console made available to it.
Infomaniak undertakes to provide the best possible service, but cannot be held responsible for any technical problems beyond its control. Under no circumstances may the Freebiees Organiser claim any damages or compensation resulting from technical problems of any kind whatsoever.
Infomaniak reserves the right to refuse or terminate this contract if it is used for the distribution of pages or information deemed contrary to morality or to the line of conduct sought by the latter, without justification. On the other hand, if the pages or information disseminated through the line in question were to contain indications, remarks or any other element contrary to current or future law, the Organizer FREETHEBEES, would be solely responsible before the courts.
By its signature, the Freethhebes Organiser undertakes to reimburse Infomaniak for all expenses or other costs, without exclusion, if through the fault of the services provided to the Freethhebes Organiser by Infomaniak, the latter should be recognised as an accomplice to the Freethhebes Organiser's illegal acts.
Any decision or element related to the commercial collaboration between Infomaniak and the Freethhebes Organiser and occurring after the signing of this contract must be communicated and approved by each of the parties and added as an appendix to this contract.
Neither of the two parties mentioned may act in the other's name throughout the duration of the collaboration, each reserving the right to inspect before publication the production of all materials that use the words "Infomaniak Entertainment SA" and "the Organiser FREETHEBEES" as well as their respective logos, both in terms of editorial content and compliance with the graphic charter specific to each.
Both parties undertake to mutually respect the imperatives in terms of deadlines to ensure the proper management of the content of publications and the organisation of events.
In the event of non-compliance with the commitments or the General Terms and Conditions and execution modalities as referred to in this document and appendix(s), one party may notify the other party in default of a formal notice, with the obligation to remedy the default within one month. If, at the end of this one-month period, the defaulting party has not remedied a breach of contract, the other party may terminate the contract by giving one month's notice.
The applicable law is Swiss public law. Any dispute in connection with this Contract, its conclusion, execution or termination is subject to Swiss law, the place of jurisdiction being in Geneva, subject to appeal to the Federal Court of Lausanne.