Contract Terms and Conditions for Event Organisers
Version 6.1 (last updated 25/05/18)
- "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.
- "Membership Data" shall include all data entered by the member, except for credit or debit card details.
- "System" shall mean the online entry or membership service provided by Fabian4.
- "Buyer" shall mean any user of the System purchasing an event entry, an associated event option, a membership or someone making an adhoc payment.
- "Organiser" shall mean the person named in section 1 of the Event Specification form.
Conditions - general
- Charge – 4.5% of accepted entry/membership fees processed by the system
(subject to the minimum charge as detailed below). Refunds made
at the direction of the Organiser are charged
at £2.10 (EUR 2.10) per refund, and are in addition to the standard 4.5% charge.
- Minimum Charge - Where the average charge per transaction (based on 4.5% / number of transactions) in any calendar month is less than 90p (EUR 0.90) then a
charge of 90p (EUR 0.90) per transaction will apply instead. Note that multiple entrants on the same form, and optional charges (e.g. t-shirt sales or camping), will boost
the average transaction value. The minimum charge will not apply if your average transaction value is £20 (EUR 20) or higher in any calendar month - (4.5% of £20 = 90p).
- 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 payment
represents entry/membership 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.
- 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 labour disputes, embargoes,
government orders or any other force
- Data Protection – As a Data Controller of Entry or Membership Data exported or otherwise obtained from the Fabian4 system you accept responsibility for the
legal distribution, security and all other aspects of the current data protection legislation as defined by the Data Protection Act 2018 and the EU General Data
Protection Regulation (GDPR).
- VAT - There is no VAT payable on any of the quoted charges. Should Fabian4 become registered for VAT, all quoted charges will include VAT for the term of the current
contract (i.e. until event entries close or until the membership year ends).
Conditions - specific to Event Entry
- 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 date change – If the event date is changed, competitors
shall be offered a full refund for a minimum period of 14 whole days, but ending the day prior to the event where
there are fewer than 14 whole days remaining.
- Vetting refund charge - there is no additional charge where a competitor fails to meet any one of a number of possible event entry requirements
(e.g. long fell races requiring navigation skills) and has to be issued with a full refund.
The charge for processing the initial entry still applies and is payable by the event.
- 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, or as necessary to deliver the event, except where explicit consent is given for other uses.
Conditions - specific to Membership
- Your Obligation – You agree to provide membership to your club/organisation to all members who join via this system.
- Member Refunds – Members are able to cancel their membership for a period of 7 days after joining at no charge to themselves or to the club/organisation.
- Data protection – Membership Data downloaded from the system shall
only be used in connection with providing member services and shall not be passed to any third party other than to the parent association of which the club is
a member, and then only for the purposes of registering the member's details with that parent association, except where explicit consent is given for other uses.