Welcome to Rise Digital Media. We developed this service (the “Service”) to make it easy for you to provide web and mobile services to your customers and to accept credit and debit card payments online from your customers within our mobile ticketing and payments solution.
2.2 Security. It is your responsibility to ensure that the Account is only accessed by you and that you keep your login details, password or other security features associated with your access safe and secure. If you have any knowledge or any suspicion that any of these security features have been stolen or misappropriated or used without authorisation or otherwise compromised you must contact Client Support without delay. Any undue delay in notifying us may affect the security of your Account and /or result in you being liable for any losses as a result. Our client support email address is email@example.com.
2.4 Equipment. You must provide and/or obtain any equipment or telecommunications lines and links that may be necessary for you to use the Services and you acknowledge that certain software and equipment used by you may not be capable of supporting certain features of the Services.
2.5 Principal only. You hereby (i) confirm, represent and warrant to us at all times that that you are acting on your own account and not on behalf of any other person.
2.6 End Customers Responsibilities. You will be solely responsible for all services provided to End Customers including without limitation (i) all transport services provided to End Customers, the correct inputting of service data details including scheduling data, timetables, tickets, fares and service updates(ii) Availability of ticketing products for End Customers (iii) all operational matters relating to End Customers including inputting any manual End Customers payment details, chasing End Customers for payments, settlement with End Customers and monitoring the behaviour of End Customers in connection with their use of the Services(iv) all sales, marketing and customer services in relation to End Customers including the promotion and marketing of mobile tickets to End Customers, End Customer account management and execution of payments over the phone to End Customers and communicating to End Customers on the use of the Services.
3.4 Data lawfully obtained. You confirm to us that any personal data which you or any of your officers, employees, agents or sub-contractors, supply to us at any time, has been lawfully obtained and will be lawfully supplied to us in accordance with the Data Protection Legislation and that all relevant consents have been obtained from End Customers.
3.4 Responsibility for Data. You are solely responsible for (i) the content, quality, accuracy and completeness of End Customer data and (ii) any other data transmitted by you or on your behalf via or in connection with the use of the Services.
4.2 Taxes. All Fees are stated exclusive of all taxes and similar fiscal charges now in force or enacted in the future, all of which you will be responsible for and must pay in full, except for taxes based on our net income.
4.4 Set off. You agree that we may set off any amount you or any of your Group Companies owe us against any sums owed by us to you or any of your Group Companies.
5.3 Service Levels. The service level requirements for the provision of the Services are: Uptime Commitment: We shall use all reasonable endeavours to ensure that the Payment Platform and Services are available 99.5% of the time during each calendar month (“Availability”). Availability excludes unavailability due to scheduled maintenance or a force majeure event.
Help Desk: You may report incidents requiring our help by contacting Client Support by telephone or by sending an email which will be acknowledged by email or telephone during UK office hours within one (1) hour of the incident report. Reported incidents will be assigned to a Client Support representative, who shall coordinate support efforts with you through resolution of the reported problem.
Scheduled Maintenance: We will provide you with at least 24 hours’ written notice of any scheduled maintenance, including full details of the expected Services downtime. Services downtime during scheduled maintenance carried out by us in accordance with this paragraph shall not be counted as downtime for the purposes of Availability.
8.2 Non Exclusion. Nothing in this Agreement excludes our liability for fraudulent misrepresentation, death or personal injury caused by our negligence or the negligence of our employees or agents or any other liability that cannot be excluded by law.
8.5 Settlement Account bank failure. We will not be liable if the Settlement Account bank fails to process our payments to you correctly.
8.6 Our Negligence. If a loss is incurred due to our negligence, we will attempt to correct the error. If we are unable to do so, we will be liable for any direct losses such as bank fees and interest incurred as a result of our negligence. In no circumstances will we be liable for any indirect, unforeseeable or incidental losses incurred such as loss of opportunity by you or any action for damages made against you by an End Customer.
8.7 Your Indemnities. You agree to defend any claim against us (i) that your actions in connection with your use of the Mobile Ticketing Platform or the Services violate any third party’s rights of privacy, or violate any privacy laws; and (ii) arising from or relating to End Customer data. You will, in either case, indemnify us (and our directors, employees and agents) against all damages awarded against us or agreed to in a written settlement agreement signed by you arising out of such claim.
9.3 Additional Grounds for Termination. We may suspend Services and terminate your Commercial Agreement at any time without prior notice if: (i) a financial regulator, regulatory agency, or law enforcement agency posts a warning with regard to you: (ii) any governmental, regulatory, or judicial authority directs us to suspend or terminate your Commercial Agreement; (iii) a banking partner of ours requests that we terminate your Commercial Agreement; or (iv) we have reason to believe that you are engaged in fraud, money laundering, or terrorist financing.
10.2 Changes to the Services. We reserve the right to modify the Mobile Ticketing Platform and Services at any time as it deems necessary to comply with applicable laws and regulations or business needs, provided that such modification shall not thereby substantially degrade the functionality of the Payment Platform or Services.
10.5 Advertising. We may include your name, logo and contact information in directories of our service subscribers and other general promotional materials for the purpose of promoting the use of the Mobile Ticketing Platform and Services generally. Neither party shall issue a press release relating to their business relationship without the written consent of the other party. Neither party may use the trademark or trade name of the other party without the written consent of such party.
10.8 Non-Solicitation. During the term of your Commercial Agreement and for a period of one (1) year thereafter, you shall not solicit or hire the services of any employee or subcontractor of us, without our prior written consent.
10.13 Complaints. If you feel that we have not met your expectations in the delivery of our services or if you think we have made a mistake, please let us know. We have internal procedures for handling complaints fairly and promptly.
The following provisions will apply to the Account Services and the Payment Services
We reserve the right in our sole discretion to carry out all and any necessary money laundering, terrorism financing, fraud or other illegal activity checks before processing any upload, payment or withdrawal transaction.
When you register, we will collect basic information including your name, business name, location, email address, business identification number and phone number. If you have not already done so, you will also be required to provide an email address and password to access Rise Digital Media (your “Rise Digital Media account credentials”).
We may contact you via email with information or notices regarding your Account and Payment Services. It is your responsibility to regularly check the proper functionality of your e- mail account or other methods of communication that you have registered with your Account and to retrieve and read messages relating to your Account and Payment Services promptly. We shall not be liable for any loss arising out of your failure to do so.
Payments received and payments sent are displayed in your Account Dashbaord and you should check your Account transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Client Support.
The following provisions will apply to the Mobile Ticketing Platform, the branded Web & Mobile License for Bus Operators and the Back Office Services – Services.
1.1 you fail to make any payment when due; 1.2 An Insolvency Event occurs or you take step to or suspend payment of your debts; 1.3 you fail in any respect to fully and promptly comply with any obligations owed to us, or if any information supplied by you or any representations made by you are or become materially inaccurate; 1.4 it becomes or may become unlawful for us to maintain or to provide any of the Services or if you or we are requested not to perform by any governmental or regulatory authority whether or not that request is legally binding; or 1.5 we consider it necessary to do so for our own protection including (without limitation) in the following circumstances: (i) protection from fraud; (ii) protection from your default.
If you become aware of the occurrence of any such event or any circumstances that mean that any such event is likely to occur you must notify us immediately.
If any event referred to above takes place, we shall, at our discretion, be entitled to cancel any or all of the Services and charge you with all of the costs, expenses and losses that we may incur (including any action we may take to cover or reduce our exposure). Any excess amount held by us in respect of Services shall be returned to you after deducting all other sums due to us. We shall not be responsible in any way for any delay in payment by us under this schedule 2 caused by you or any other third party.
Definitions "Account" means the Web Portal account you open and maintain with Rise Digital Media to manage customers, tickets, special offers, payments and transaction history;
"Account Services" means payment services provided by Rise Digital Media to you;
"Authorised Person" means any person authorised by you to give us instructions in relation to the Account and/or Payment Services and/or to conclude transactions on your behalf;
"Branded Web & Mobile License for Bus Operators" means the website and mobile app provided via a branded version of our Web & Mobile platform;
"Business Day" means any day other than a Saturday or a Sunday or a public or bank holiday in England;
"Client" means you the person who is contracting with us for the provision of the Services;
"Client Support" means our client support service which is available by calling our help desk at +44 20 3422 9115 during UK office hours to speak with a support representative or by sending an email to firstname.lastname@example.org;
"Commercial Agreements" means any one or more of the agreements between you and us setting out the commercial terms for the provision of one or more of the Services;
"Data Protection Legislation"means the Data Protection Act 1998 (as amended from time to time);
"Durable Medium" means a medium which allows you to store information in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
"End Customer" means your customers, who you engage with in connection with the use of our Services;
"Fees" shall mean the charges payable by you to us for Services;
"Group Companies" means in relation to a company those companies which are subsidiaries, holding companies or subsidiaries of any holding company of such company, where the terms "subsidiary" and "holding company" bear the meaning given to them in section 1159 of the Companies Act 2006;
"Insolvency Event" means in relation to you, or any of your Group Companies, affiliates, shareholders
successors and/or assignees: 1 If such person dies, becomes of unsound mind, becomes insolvent or a bankruptcy petition is presented against any such person;
2 Any steps are taken to appoint an administrator, judicial factor or similar officer to any such person or to commence the winding up or dissolution of any such person or to otherwise apply to the court for a moratorium or make a proposal to creditors for a voluntary arrangement or any such person grants a trust deed for creditors or takes any action with a view to the readjustment, rescheduling forgiveness or deferral of any part of any such persons indebtedness or any such person enters into any arrangement, compromise or composition with or assignment for the benefit of its creditors or any class of them (except for the purposes of a solvent reconstruction or amalgamation), or a receiver, receiver and manager, or other controller, administrator or similar officer to be appointed with respect to, or takes control of, the assets or undertakings of any such person;
"Services" means the Account Services and/or the Mobile Ticket Platform and/or the branded Web & Mobile License for Bus Operators and/or the Back Office Services;
"RiseDM" means Rise Digital Media Limited, a company incorporated under the laws of England and Wales with registration number 0734616.;
"Website" shall mean the website available at www.risedm.com;
"We", "us", "our" shall mean Rise Digital Media; and
"You", "your" shall mean you the person who is contracting with us for the provision of the Services.
1.1 Web & Mobile retailing: Ability to configure a wide range of ticket types, prices and validity periods and publish the ticket products to the website and linked mobile app.
1.2 Customer Management: Ability to review customer transactions, and account details as well as the ability to contact the customer directly through the system via email or SMS
2.1 Loyalty & Rewards: Ability to provide points based system to reward loyal customers with money off and other perks when they collect points linked to ticket purchases
3.1 Terminal Payments: Our Terminal Payments service is linked to Verifone Ocius for secure chip/pin and contactless card payments.
4.1 Bus Operator Website: A custom designed website that automatically manages service data, bus tracking and realtime information. Provided with a fully functional Content Management System (CMS) to allow bus operators to manage fares information, ticket retailing (linked to the Mobile Ticketing Platform), customer services, news and service updates.
4.2 Bus Operator Mobile App: A custom designed Mobile App available on both Apple and Android stores. The app is linked to the same content platform as the website and seamlessly provides access to mobile tickets, service data, bus tracking and realtime information.
5.1 Payments Dashboard: Ability to review headline information relating to sales transactions and active customers.
5.2 CRM: Ability to review account details for customers.
5.3 Sales and Bookings: Ability to review sales orders, transaction history, and profit & loss reports.