Organiser agreement

This agreement is between the person or organisation running a market (“the organiser”) and [registered name of IDK Solutions: to be supplied] (“Noques”). It applies to every market the organiser lists on Noques, from the day the first one is published. The terms of service also apply.

• A listing for the market, with its dates, location and map.
• Stall applications from vendors, and payment of stall fees.
• Entry tickets, free or paid, and scanning them at the gate.
• Collection of stall fees and ticket payments on the organiser’s behalf.

• Listing is free. There is no setup fee and no monthly fee.
• Stall fees: the organiser sets the fee. Noques keeps 10% of each stall fee paid and the organiser receives the rest.
• Entry tickets: the organiser sets the price and receives the full ticket price.
• Settlement: Noques collects stall fees and ticket payments as the organiser’s agent and holds the organiser’s share for them. It is settled with the organiser by arrangement, at least monthly and within 30 days of the market, with a statement of what was collected.
• Refunds of stall fees or tickets are deducted from the organiser’s share.

Changes to Noques’s share are notified at least 20 business days in advance and apply only to markets published after that date.

• The organiser decides which vendors get a stall, and may decline an application for any lawful reason.
• A vendor whose paid application is declined is refunded the stall fee in full.
• The organiser publishes, before applications open, its own rules for cancelling an approved stall, which must be reasonable. Without them, a vendor who cancels more than 7 days before the market is refunded in full.

The organiser runs the market and is responsible for it. In particular, the organiser:

• holds every permit the market needs, including an event permit from the City of Cape Town where its Events By-law requires one, and the landowner’s permission;
• complies with the Safety at Sports and Recreational Events Act where it applies, and in every case takes reasonable steps to keep the public, vendors and staff safe;
• holds public liability insurance for the market;
• does not sell more tickets than the venue may safely hold;
• refunds ticket holders in full if the market is cancelled or moved, as set out in the ticket terms.

Gate staff

People scanning tickets at the gate are engaged by the organiser, not by Noques. The organiser is responsible for their terms, any payment due to them, and their safety.

The organiser receives vendors’ and ticket holders’ names and contact details for running the market. The organiser is responsible for that information under POPIA, may use it only for the market, and may not use it for marketing without consent.

The organiser is responsible to Noques for claims arising from running the market. Noques’s liability to the organiser is limited to its share of stall fees from that organiser’s markets in the three months before the claim, except for gross negligence, fraud or wilful misconduct. Money held for the organiser is always theirs.

Either side may end this agreement on 30 days’ written notice. Markets already published go ahead or are cancelled with refunds, and money held is settled. South African law governs this agreement.