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Cvent Event Management Solution

Additional Terms and Conditions for Cvent Event Management Solution

Last Updated: October 28, 2019

These Additional Terms and Conditions are legally binding and form an integral part of the Order Form and Event Cloud Terms of Use entered into by and between Cvent and Customer (the “Agreement”) to reflect the Parties’ agreement with regard to the Customer’s subscription and use of the Cvent Event Management Solution.

Usage Contacts, Emails and Storage

The following contacts/emails/storage are included with the designated editions of the Services:

  Express Edition Professional Edition Enterprise Edition
Contacts 100,000 250,000 400,000
Emails Per Year 500,000 1,000,000 4,000,000

Additional contacts/emails/storage may be purchased at the following rates:

  • Contacts: USD 0.25 or equivalent of local currency per contact per year
  • Emails: USD .05 or equivalent of local currency per email (emails unrelated to Cvent event will be charged as stated in the Order Form)
  • Storage: 5GB blocks available for $250/block in addition to amount stated below

Registrations and Registrants

  • A Registrant is defined as a person registering via a registration process created within the Cvent system, even if submitted manually through the back end of the system.  Guests registered under a Registrant will count as a Registrant for billing purposes.   Each registration will count as a Registrant for billing purposes from the point of submission, not from the point of approval or confirmation. If a person cancels, the initial registration still counts as a Registrant for billing purposes.
  • The Order Form may specify a number of Registrants allowed for a given service level and or price. Customer will be billed for any registrations beyond this number at the rate specified in the Order Form, or the then current rates for overage if none is specified. Except for price, which may differ, Customer agrees that registrations incurred beyond the contracted level will be subject to the same terms.
  • Customer agrees that the number of Registrants listed under minimum usage fee in the Order Form is the minimum number of Registrants Customer agrees to use and pay for per annum. Should Customer use less than this minimum number, fees due under the Order Form will not be reduced. Except as expressly set forth in the applicable Order Form, unused registrants will not roll over to another term year.

Per-Event Pricing

For Order Forms specifying per-event pricing, each event activated in the Services will be counted for billing purposes except events flagged in advance for administrative purposes by Cvent.

Event Registration Fees Processing

Event Registration Fees Processed by Cvent (“Cvent Payment Service”)

If Customer chooses Cvent to process Customer’s event registration fees (the “Event Registration Fees”) the following shall apply:

  • Cvent Payment Service’s setup fee and payment processing fees (the “Processing Fees”) will be stated in the applicable Order Form;

  • No later than the last business day of the month following receipt of Event Registration Fees on Customer’s behalf, Cvent will remit to Customer the Event Registration Fees less (1) the Processing Fees, (2) a charge back fee equal to USD 25 or equivalent of local currency for each chargeback, reversal or payment dispute; (3) the amount of such chargeback or reversal and (4) pending disputed fees between Cvent and the cardholder’s financial institution (the net amount is the “Customer Repayment”);
  • Customer Repayment will be in one of the following settlement currencies: USD, GBP, EUR, AUD, and SGD.   When the currency used to pay the Event Registration Fee is different than the currency used to pay the Customer Repayment, Cvent will convert to the settlement currency at 1% above the daily mid-market foreign exchange rate;
  • Cvent is not responsible for any fees charged by Customer’s bank for accepting Customer Repayment from Cvent;
  • Prior to issuing each Customer Repayment, Cvent will provide a statement setting forth the amount of the Event Registration Fees collected and the fees deducted;
  • At Cvent’s sole discretion, it may place a reserve on the funds collected as a reserve against potential additional charges that may occur after the end of the event or which Event believes there may be a high level of risk associated with Customer’s account. (Additional charges might include credit card charge backs, attendee or exhibitor disputes, or similar items.) Any reserve funds not used to cover additional charges will be remitted to Client approximately 30 days after the event;
  • Once all Customer Repayment funds have been remitted, Customer is still responsible for paying any additional charges related to the event that may occur after remittance;
  • Instead of accepting remittance of all funds, Customer may select to apply available Customer Repayment funds to any outstanding invoices with Cvent;
  • Cvent reserves the right to withhold distribution of Customer Repayment funds if Customer has invoices that are outstanding beyond their due date and apply such funds as payment against outstanding invoices, whether arising under this Agreement or another agreement between Cvent and Customer;
  • Customer must ensure at all times while event registration is open that a refund policy be clearly stated both on the event website and   the registration form stating no refunds shall be considered after 60 days following payment, or 15 days following the completion of the event in which registration fees were collected; and
  • In conjunction with our provision of the services under this Order Form, you authorize us to execute, endorse and deliver in your name all instruments or other documents that we may consider necessary, including without limitation the endorsement of checks we receive made payable to you.
  • Customer shall indemnify, defend, and hold harmless Cvent, its directors, officers, employees, agents and affiliates from and against any and all Claims to the extent that any such Claim is caused by or arises out of: (a) any failure of Customer to comply with any law, regulation or card association rules applicable to the Cvent Payment Services; (b) any dispute between: (i) Customer and any event registrant, bank or card issuer; or(ii) between any card issuer and any event registrant, including, without limitation, any dispute regarding the goods and services purchased with the Event Registration Fees or the payment of any amounts owed or alleged to be owed by one or more such persons to any other such persons; and (iii) any instructions or procedures that Customer may provide to Cvent in connection with the Cvent Payment Services rendered by Cvent hereunder.

Client Collects and Processes All Event Registration Fees

If Client chooses to collect and process all event registration fees, then Customer shall:

  • establish its own merchant bank account with a provider of credit services supported by Cvent;

  • test the connectivity of its merchant account (including authorization, settlement and refund) prior to processing credit card payments at its event; and
  • be responsible for all costs, expenses, obligations and liabilities in connection with its processing of such fees.

Event Management Product: Features

Unless your Order Form states otherwise, you shall receive the following features with your base edition of the Cvent Event Management Product.

Administrative Express Edition Professional Edition Enterprise Edition
Online training and online user guides
Unlimited customer support (24 hours a day; 7 days per week)*
Graphics/documents library 30 GB** 100 GB** 400 GB**
Number of user logins 1**+ 10**+ 20**+
Internal calendar for planners
Event approval process  
Address Book      
Custom contact fields Up to 15 Up to 150 Up to 150
Group contact management
Unlimited importing/exporting
Search and merge functions
Address book segmentation  
Membership Management (includes eMarketing)   Additional fee Additional fee
Invitations and eMarketing Engine                      
Text and HTML emails
Reminder, confirmation, no-show, post-event emails
Add to Passbook Apple iOS
Mail-merge and dynamic content
Email content analysis tool
Target marketing  
Invitation forwarding and email capture  
eMarketing Module (for newsletters, promotions, etc.) Additional Fee Additional fee Additional fee  
Planner SMS Alerts Additional Fee Additional fee Additional fee
Registration Process      
Mobile-responsive registration
Ticketing
Registrant (pre-event) questions
Attendee (post-event) questions  
Regret and Cancellation questions  
Session level questions  
Guest/bulk registration  
Waitlists  
Registration approval  
Advanced Registration Options      
Sync to calendar
Multiple registration fees for different contact types  
Optional sessions/tracks  
Walk-in registration (kiosk mode)  
Advanced rules (i.e. you must select 2 sessions to proceed)  
Dynamic registration paths  
Multilingual registration and website  
E-commerce      
Online fee collection and automatic refunds
International currencies
Cvent Payment Services      
E-commerce gateway integration (Payflow Pro, Moneris, Cybersource, Authorize.net AIM) 1** 1** 1**
Hosted Order Page (PayPal Express, Cybersource SA, Authorize.net SIM) 1** 1** 1**
Discount codes, early bird rates, and service fee at check-out
Partial payments  
Invoicing  
Assign general ledger (GL) codes  
Reporting      
Standard event reports 25-50+ reports 80+ reports 80+ reports
Cross event reports
Unlimited custom reports  
Access Portal   1 1
Dashboard views of data (list, pie chart, or bar graph)
(applicable on to United States based Customers.)
 
Event Promotion      
Social media share bar
Promotional widgets
Advanced website design (99 Custom HTML pages, 10 tabs) 1 Custom HTML page
Mobile-responsive event website
Maps and weather
Live Twitter feed  
Publish event to Facebook  
Events calendar for invitees    
Branding Package (Custom URL, Favicon, Custom Footer, etc.) Additional fee Additional fee Additional fee
Custom URL Additional fee Additional fee
Private Domain Additional fee Additional fee Additional fee
CrowdCompass Native Mobile App Additional fee Additional fee Additional fee
Event Logistics and Management      
Cvent Supplier Network - Basic
Name badges (with bar codes and QR codes) ✓ (fixed format)
Speaker Profiles  
Table management  
To-do list    
Credit tracker  
Hotel & Travel module    
Budget tracker    
Budget Allocation/HCP (includes 40 implementation hours)   Additional fee Additional fee
Resource Management   Additional fee
Meeting Estimator   Additional fee
Meeting Request Form   Additional fee 1
Meetings management module (inclusive of meeting request forms & workflow)   Additional fee Additional fee
Abstract Management Module (includes 10 user logins) Additional fee Additional fee Additional fee
Appointments Module (includes 10 user logins) Additional fee Additional fee Additional fee
Travel Integrations***      
Passkey (hotel) integration    
Concur Travel integration   Additional fee Additional fee
GetThere (air travel) integration   Additional fee Additional fee
Rearden (air travel) integration   Additional fee Additional fee
GDS integration (Sabre, Amadeus, Apollo, Galileo, Worldspan)   Additional fee Additional fee
AMEX DTR integration   Additional fee Additional fee
Integrations***      
CrowdCompass Connector Included w/ App Purchase Included w/ App Purchase Included w/ App Purchase
Google Analytics  
API access   Additional fee Additional fee
Webex integration   Additional fee Additional fee
Single Sign-On   Additional fee Additional fee
HTTP post page data transfer   Additional fee Additional fee
External Authentication   Additional fee Additional fee
Concur Expense integration   Additional fee Additional fee
Citi Card integration   Additional fee Additional fee
Webhooks Additional fee Additional fee Additional fee
Marketo integration Additional fee Additional fee Additional fee
Eloqua integration Additional fee Additional fee Additional fee
Salesforce App Additional fee Additional fee Additional fee

   

Onsite Solutions Basic Premium***
OnArrival    
Event Check-In
Fee Collection (Card on File, New Credit Card, Offline)
Collect Donations/Sell Additional Items
Barcode Scanning (camera)
Session Check-In  
Barcode Scanning (external, wireless, Bluetooth device)**  
Signature Collection  
SMS Alerts   ✓ *****
QuickScan Kiosk Mode  
Kiosk Mode  
Badge Printing   ✓ ******
Event/Session Check-Out  
SocialWall    
Galleries per Event 1 5
Search Terms per Gallery 10 10
Twitter Content
Flickr Content
Web Widgets
Smart Galleries
Curated Galleries  
LiveDisplay  
Custom Posts  
Direct Posts   Additional fee

 

Services  
Onsite Support Additional fee
Implementation Hours Additional fee

 

= Included in base user subscription
* = Only those customers who have been assigned unique log-in credentials to the Services shall have access to our support services
** = May purchase additional
*** = Customer acknowledges and agrees that ordering an Integration constitutes Customer’s express permission to Cvent to share Customer’s event information and other integration data with the applicable third party Integration provider.
**** = Customer will also be charged an overage fee for any use of OnArrival Premium at events beyond the number of events allowed as per the Order Form, at the rate specified in the Order Form and the exact amount of the overage fees so charged will be set forth on the Order Form.
*****     =     By using this feature, you represent and warrant that you have sought prior permission from the intended recipient(s) to send them SMS. Further, any costs and charges involved in sending and/or receiving SMS shall be borne by you and/or the intended recipient (as the case may be).
******
+                              
=   = Badge printing through OnArrival Premium is limited to 500 attendees per event.  Events with greater than 500 attendees per event    will require the purchase and use of OnArrival360.  Please contact your Sales Representative for additional information Applicable to customers who are purchasing a subscription to Event Management for the first time after April 1, 2019 only.  

   

Event Management Product: Event Builds

Cvent provides event building services by its professional staff.   The Event Build complexity levels are categorized, from lowest to highest, as Simple Builds, Medium Builds, Advanced Builds and Complex Builds, characterized by the attributes below.   The highest complexity level in which any two of an Event Build’s attributes belong determines the complexity level of the Event Build.   Your Order Form may specify a number of Event Builds of a given complexity level and price. Cvent reserves the right to determine that an Event Build is of a higher complexity level than previously assigned, and you will be charged as specified in your Order Form or, if not specified, for the difference in then-current Event Build complexity level rates. An additional fee, as specified on your Order Form or otherwise at then-current rates, may be charged for optimizing an event site and registration process for display on mobile devices.

Event Attributes/Characteristics* Simple Medium Advanced Complex
Contact Types No 2-5 6-10 11+
Registration Paths 1 2-5 6-10 11+
Travel No 1-5 Hotels 5-10 Hotels 10+ Hotels
Website Pages 1-2 3-6 7-12 13+
Discount codes, early bird rates, and partial payments No Yes Yes Yes
Session visibility and/or registration rules No Yes Yes Yes
Event Length 1 day event 2 day event 3 day event 4+ day event
Multi Lingual No No Bi-Lingual Multi-Lingual

 

Event Management Pay as You Go Services only:

For Cvent Event Management Pay as You Go Services (“PayGo”) only: Customer shall be charged monthly, for the number of registrations purchased, in arrears, at the designated rates.  In addition, Customer shall be charged an additional percentage (at the designated rate)  of the standard registration fees advertised, promoted or otherwise charged by Customer per registration for the applicable event, whether payments of the registration fees are collected through the Services or otherwise.   Customer agrees that it will provide and maintain a valid credit card number with Cvent for payments of all fees due hereunder, and hereby authorizes Cvent to charge against such credit card number all fees payable in connection with this Agreement.  In addition, Customer authorizes Cvent to charge against Customer’s credit card any amounts that are past due under this Agreement or any other agreement by and between Cvent and Customer.  For purposes of this Section, charges for registrations are assessed when purchased and not when actually used by Customer. Cvent reserves the right at its sole discretion to withhold any outstanding fees payable to Cvent for any Services provided under any Agreement between Cvent and the Customer which are outstanding for any duration of time when Customer Repayment is issued and apply such withholding to the Customer’s balance due to Cvent.  Subscription fees for the Event Management PayGo, as designated, will be invoiced subject to the payment frequency listed on the Order Form and with subsequent Event Management PayGo subscription fees will be invoiced upon each anniversary of the Order Form start date. Payment of Event Management PayGo subscription fees is due net thirty (30) days from the date of the invoice.

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CrowdCompass Solution

Additional Terms and Conditions for CrowdCompass Solution

Last Updated: September 1, 2019

These Additional Terms and Conditions are legally binding and form an integral part of the Order Form and Event Cloud Terms of Use entered into by and between Cvent and Customer (the “Agreement”) to reflect the Parties’ agreement with regard to the Customer’s subscription and use of the Cvent CrowdCompass Solution.

Scope

Cvent’s web-based and mobile application-based event management solution (“Mobile Event Solution”) is comprised principally of: (i) the content management portal at   www.crowdcompass.com (“EventCenter”) for input of data and other content by Customer; and (ii) a web-based and/or mobile application-based component (the “App”), a specific instance of which may be customized by Customer for a specific event or events and made available for download and use by attendees of the event(s).

Mobile Platform Requirements

  • Use of the Mobile Event Solution will be subject to rules and procedures established by the third parties that operate and control the applicable online marketplaces (collectively, including Apple and Google, the “Mobile Marketplaces”).
  • Customer acknowledges and agrees that:
    • Customer shall abide at all times by such rules and procedures and any changes thereto;
    • Cvent has no control over such rules and procedures, and cannot be responsible for ensuring performance or availability of any Mobile Marketplace; and
    • Cvent is not liable for any delays in the delivery or deployment of Customer Apps caused by changes to, or Customer’s failure to adhere strictly to, any such rules or procedures.

Content and App Builds

Content

  • All Customer event data, materials and content (“Content”) must be supplied by Customer through the EventCenter. Failure to provide all required Content does not invalidate the Agreement or Customer obligation to pay for the Mobile Event Solution.
  • Cvent will provide Customer with documents and templates listing the type and format of the information needed to upload Content into the Event Center.

Build Process and Minimum Timelines

  • Customer will be assigned a Project Manager who will collaborate with Customer to schedule delivery dates for Customer to provide Content for configuring the App for Customer event(s) (the “Delivery Schedule”).
  • If the Order Form spans multiple events, Customer shall be responsible for notifying Customer Project Manager of each event at least sixty (60) days prior to the desired launch date for such event within the App(s) in order to ensure timely delivery.
  • All Content must be submitted and approved for submission to the Mobile Marketplaces no later than 14 days prior to Customer agreed upon App launch date. The EventCenter shall continue to be available to Customer to add and modify Content before, during and after publication.

Review and Submission

  • Customer is solely responsible for the build of the App through the EventCenter. Customer will have access to Cvent support staff, and Customer will have an opportunity to review and make changes prior to submission of the App to the applicable Mobile Marketplaces.
  • The App needs to be submitted to the applicable Mobile Marketplaces, and Customer acknowledge and agree that Cvent shall bear no expenses and assumes no risk or liability for any administrative actions performed by Cvent needed to submit the App to the applicable Mobile Marketplaces on Customer account, if applicable.
  • Customer may publish the App in one of three ways:
    • Engage Cvent to publish event(s) in the Mobile Marketplace under Cvent’s container app – AttendeeHub™. By engaging Cvent to publish your event for you, you consent to providing Cvent the necessary information to access to the applicable Mobile Marketplace (i.e., through access to the developer account) to publish your App on your behalf.   Cvent will use its commercially reasonable effort to obtain approval by the Mobile Marketplace, within the mutually agreed timeline.
    • Publish Customer’s own branded multi-event app that will house a minimum of five events, and in order to do so either of the following methods may be agreed upon:
      • Self-publish your App on your own
      • Authorize Cvent to publish your App in the Mobile Marketplace on your behalf; provided that Customer adds Cvent as an admin, to access and manage the Developer Account. Cvent shall bear no expenses and assumes no risk or liability for any administrative actions taken by Cvent in its limited capacity of submitting the application through your Developer Account.
    • Self-publish the App in Customer’s internal app store, circumventing the pubic Mobile Marketplace.
  • If Customer terminates or does not renew this Agreement, Customer shall not publish any App created under this Agreement in any manner.

Supported Devices, Systems and Releases

Devices

  • Cvent currently provides native, compiled Apps for the following devices: iPhone, iPod Touch, iPad, Android phones and Android tablets. Submission is made to Apple iTunes / App Store and Android Market only. Cvent also provides a web application version of the App that can be accessed from any mobile device, including BlackBerry devices, or a regular computer with a good Internet connection and a compatible browser. Some features may not be available on all supported devices or the web application version.

Operating Systems:

  • Cvent provides technical support for Apps on the current major release and immediately preceding major release of iOS and Android OS.

Software Releases:

  • Cvent provides technical support for Cvent Apps which are based on the most current release of the App or prior versions of the App for releases occurring up to six (6) months prior to the current release. Customers will be provided opportunities to upgrade their existing Apps to the most current App release.

Support

During the term of the Agreement, Cvent agrees to provide Customer with email and telephone access to the CrowdCompass Mobile Support Center seven days a week, 24 hours a day, except holidays. If Customer have more than one EventCenter login, Customer agree to appoint an Authorized Support Contact who will contact the CrowdCompass Mobile Support Team directly on behalf of Customer other EventCenter users.   One hundred and twenty (120) days after Customer last event, or upon expiration of the current Term of the Agreement if later, the App(s) for Customer event(s) may be removed from its stores and Mobile Marketplaces, and Cvent shall retain no obligation to support, update or maintain such App(s).

Privacy

Customer agrees that Cvent is not responsible for the unauthorized dissemination of any Content distributed to a mobile device through the Mobile Event Solution.

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OnSite Solutions

Additional Terms and Conditions for OnSite Solutions

Last Updated: October 16, 2019

These Additional Terms and Conditions are legally binding and form an integral part of the Order Form and Event Cloud Terms of Use entered into by and between Cvent and Customer (the “Agreement”) to reflect the Parties’ agreement with regard to the Customer’s subscription and use of the Cvent Onsite Solutions.

Service Description: Onsite Solutions

Check-In and Attendance

  • Onsite Check-In and Badge Printing
    The check-in solution permits event staff to process registration and session check-ins. Check-ins and other processing tasks may also be performed by attendees on a self-service basis.
  • Attendance Tracking
    The attendee tracking solution provides the ability to track an attendees journey at the event, through a designated badge tracking option (RFID or QR code) combined with badge reading devices.   Metrics and reporting are provided to assist customer in determining attendee interests and preferences.

Lead Capture and Exhibitor Booth Tracking

  • Lead Capture
    The lead capture solution enables Customer’s authorized users (event staff and/or exhibitor personnel) to retrieve attendees’ event registration information and contact information (“Leads”), and to rate and add qualification data to Leads (“Lead Data”) (collectively, “Lead Information”).   Users may collect Leads by scanning a barcode or QR code displayed on an event attendee’s badge or mobile device, by manually entering an attendee’s information, or by using RFID-enabled collection to automatically gather relevant information from booth visitors.     
  • Exhibitor Visitor Tracking
    The Service’s exhibitor visitor tracking solution provides Customer with real time views to track and measure attendee activity and interest within an exhibitor’s booth, and to help identify potential leads not captured with a lead management device. Standard reports provide increased insight into attendee interests and preferences.

Lead Capture Subscription Rights Options

  •   For Event Organizers
    Customer as the event organizer may purchase user subscription rights to allocate among event staff and third party exhibitors at one or more events.  
  • Single Event License for Exhibitors
    An event organizer may enable exhibitors to obtain user subscription rights directly from Cvent via the Exhibitor Portal (described below); provided that where Customer as the event organizer does not purchase user subscription rights in advance, Customer agrees that the Service will be the sole and exclusive lead capture solution available for the event (except to the extent the parties mutually agree to waive this requirement in the case of a particular exhibitor or event).
  • Multi-Event Subscription Right for Exhibitors (“Universal Lead Capture” limited to 10 user logins)
    A Customer that wishes to use a single lead capture solution for multiple tradeshows, conferences and other events it attends as an exhibitor or sponsor may avail subscription rights to the solution on a subscription basis to use for all such events during the term of the Agreement.   Where an event does not utilize Cvent’s event registration software, Customer understands and agrees that Cvent will use commercially reasonable efforts to obtain the necessary “badge kit” or similar codes or credentials to unlock attendee information for use with Cvent’s lead capture solution, however Cvent cannot guarantee cooperation by third party event registration service providers.
  • Subscription Rights Options: Application & Equipment Rental, or Application Only
    A subscription right that includes device-rental permits an authorized user to use the Software for lead management at a specified event, preinstalled on an iOS or AndroidTM mobile device or scanner provided at the event location by Cvent or a third party supplier.   A software-only or “bring-your-own-device” subscription right permits the authorized user to download, install and operate the lead capture software on a supported mobile device or scanner provided by the user or by Customer.

Exhibitor Portal

Customer may order user subscription rights, create and manage user ids (up to the number of purchased subscription rights), and access Leads and Lead Data through Cvent’s lead management and exhibitor management web applications (the “Exhibitor Portal”), as well as through the Event Management web application if Customer has availed subscription rights to that product. Customer will have access to both Leads and Lead Data for attendees whose information Customer’s staff have scanned or entered through the App.   Where Customer is the host or organizer of an event and has allocated subscription rights to one or more third party exhibitors, Customer shall have access to Leads and Lead Data collected by such exhibitors.

Supported Devices, Operating Systems, Software Releases and Upgrades

  • Devices
    Cvent currently provides native, compiled Apps for the following devices: iPhone, iPad, iPod Touch and various 3rd party peripherals providing RFID reading or IR Scanning capabilities. In addition, the Cvent LeadCapture app is supported on various Android handheld and tablet devices.
  • Operating Systems
    Cvent provides technical support for Apps on the current major release and immediately preceding major release of iOS or AndroidTM. In addition, the Cvent LeadCapture app is supported on the current major release and immediately preceding major release of Android.
  • Software Releases
    Cvent provides technical support for Apps which are based on the most current release of the App or prior versions of the App for releases occurring up to six (6) months prior to the current release. Customers will be provided opportunities to upgrade their existing Apps to the most current App release.

Equipment

Customer shall be responsible for all equipment supplied by Cvent under the Agreement, whether provided directly to Customer by Cvent or through a third party supplier.   At the conclusion of Customer’s event, Customer will return all equipment supplied by Cvent. All such equipment will be returned in proper working order and in the same condition as when it was furnished to Customer. Customer is responsible for any damage to such equipment, as determined by Cvent or its third party supplier, and hereby agrees to pay Cvent for any such damage, up to the replacement cost of the equipment.

Special Disclaimers for Onsite Solutions (including the Service)

Cvent disclaims any responsibility for availability or loss of power, Internet or telecommunications service, placement of electrical or network outlets, and for any act, occurrence or circumstance at an event site or any other location which are beyond Cvent’s control.

Site Requirements

As between Customer and Cvent, Customer shall comply with all of the event site or venue’s requirements and guidelines for conducting the event on its premises, including but not limited to any use of its employees or other third party vendors in connection with the event, electrical requirements, audio and visual requirements, fire and safety requirements, insurance requirements, equipment and trash removal, and indemnification and hold harmless obligations.   To the extent that Cvent is requested or required by the event site or venue to execute any agreement or acknowledgement of compliance in order to be given access to the premises, Customer agree s to execute all such documents in lieu of Cvent and Cvent’s failure to do so and subsequent inability to perform hereunder shall not constitute a breach of this Agreement.

LeadCapture License

Subject to the terms and conditions of this Agreement and provided Customer is otherwise in good standing of this Agreement, Cvent hereby grants Customer a limited, non-exclusive, and non-transferable right to redistribute the Services known as LeadCapture purchased hereunder to exhibitors (without any further right of resale, transfer, or assignment) during the Term and at the event(s) designated in the Order Form only.   All such redistribution shall be subject to terms and conditions by and between Cvent and exhibitors only and Customer may not bind Cvent to any additional terms under any circumstances.   In addition, the pricing for the redistribution of such Services shall be as set forth in the Order Form and all exhibitors shall pay such fees directly to Cvent.   Upon receipt of payment from exhibitors, on a monthly basis Cvent shall remit to Customer the percentage of the fees designated in the Order Form via the payment processing services designated by Cvent.   Customer shall not have the right to receive such percentage on any fees, taxes, VAT, or any amounts collected by Cvent other than those specified in the Order Form for redistribution of LeadCapture.   For the avoidance of doubt, Customer must maintain an account with the payment processing services designated by Cvent in order to receive payment hereunder.   In the event there are amounts owed by Customer to Cvent hereunder that are past due, Cvent shall be entitled to offset against such balance the amounts due under this Section.       Customer acknowledges and agrees that notwithstanding the foregoing Cvent reserves and shall have the right to provide its Services directly to any exhibitors, including but not limited to those at the designated event(s), and designate other distributors for LeadCapture as such designated events.     Notwithstanding the foregoing, Cvent will retain all goodwill and all rights to the Services, and Customer will obtain no goodwill or any other rights thereof as a result of any redistribution of the Services. Customer shall indemnify, defend, and hold harmless Cvent, its directors, officers, employees, agents and affiliates from and against all Claims to the extent that any such Claim is caused by or arises out of Customer’s redistribution of the Services.

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Inquisium

Additional Terms and Conditions for Inquisium

Last Updated: September 1, 2019

These Additional Terms and Conditions are legally binding and form an integral part of the Order Form and Event Cloud Terms of Use entered into by and between Cvent and Customer (the “Agreement”) to reflect the Parties’ agreement with regard to the Customer’s subscription and use of the Cvent Inquisium.

Inquisium Product: Features

Unless the Order Form states otherwise, Customer shall receive the following features with its base edition of the Inquisium Product.

Usage Limits Professional
Number of Surveys Unlimited
Survey Responses Unlimited
Questions per Survey Unlimited
Number of Contacts in the Address Book 100,000
Number of Emails 500,000
Number of System/Portal Users 1*
Number of Portals 1*
Features  
Anonymous Surveys ‍‍
Printable Surveys
Mobile Surveys
Kiosk Mode
Question & Response Libraries
Skip Logic
Branch Logic
Pipe Logic
Advanced Logic
Sub Questions
Question Randomization
Chapters, with Dynamic Scoring
Configurable Response Scoring
Customizable Export Values
Localization
Multilingual Survey Format
Multiple “Thank You” Pages
Multiple Responses per Contact
Import Survey Answers
Ticketing
Quota Management
Pre-launch Review & Commentary
Graphical Templates (50+)
WYSIWYG HTML Editors
Embed Various Media
Advanced CSS
Certificates
Custom Mail-Merge Tags
Multiple Email Campaigns
Spam Detector
Opt-Out Tracking
Response-triggered Email Alerts
Advanced Survey Security
SSL (Secure Sockets Layer)
Real-Time Reporting
Cross Survey Reports
Presentation Reports
Text Analysis Reports
Dashboards (Unlimited)
Multi Format Export
Inquisium/Cvent Event Management Integration
A la Carte Features  
Contact Database Segmentation  
Launch Approval Workflow  
Closed Loop Workflow  
HTTP Post  
Single Sign-On (SSO) – System SSO/Portal SSO  
Inquisium App for Salesforce **  
API Access (Integrate w/ other Apps) **  
Branded URL  
Private Domain URL  
Remove Inquisium Branding  
Custom System Branding  
eMarketing Package  

* Additional System Users, Portals, and Portal Users can be purchased a la carte. Price per System User, Portal, and Portal User can be found on Order Form.

** Customer acknowledges and agrees that ordering Inquisium App for Salesforce or API Access to enable another third party integration constitutes Customer’s express permission for Inquisium to share Customer’s integration data with the applicable third party.

Remote support for Inquisium Product is available Sunday, 8:00 P.M. EDT – Friday, 9:00 PM EDT (excluding Government Holidays).

Inquisium Product: Contacts; Emails; eMarketing

  • Customer may hold up to 100,000 contacts in the Inquisium System and may send up to 500,000 emails per year. Overages are priced as follows: (a) contacts over the 100,000 limit may be stored for $.25 or equivalent of local currency per contact per year, and (b) emails over the 500,000 annual limit may be sent for $0.05 per email.
  • Emails that do not include a link to a Inquisium survey process (e.g., email newsletters) are not included in the price of the survey product and will be assessed a per email overage charge, however Customers purchasing the eMarketing Module may send email newsletters, promotions, announcements and other non-survey-related communications, without incurring any extra per email charge, up to the annual limit of 500,000 emails.

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QuickMobile Solution

Additional Terms and Conditions for QuickMobile Solution

Last Updated: September 1, 2019  

These Additional Terms and Conditions are legally binding and form an integral part of the Order Form and Event Cloud Terms of Use entered into by and between Cvent and Customer (the “Agreement”) to reflect the Parties’ agreement with regard to the Customer’s subscription and use of the Cvent QuickMobile Event Solution.

Cvent QuickMobile Event Solution Terms

1.     Access. Cvent will assign You one or more user IDs and passwords that will enable You to access administrative login to the Licensed Software. Customer shall take reasonable precautions to protect against theft, loss or fraudulent use of such IDs and passwords. Customer agrees that it will use the Licensed Software only for lawful purposes and in accordance with this Addendum. Each user ID is unique to the assigned individual and may not be shared with others, including other personnel of Customer.   Customer shall not reverse engineer, disassemble or decompile the Licensed Software or cause or permit the reverse engineering, disassembly or de-compilation of the Licensed Software.

2.     Content. Customer shall provide any text, images, audio, video, designs or other data, content, materials and information reasonably necessary to enable Cvent to perform the contracted services (“Customer Data”). Failure to provide all Customer Data required for successful operation of the Licensed Software does not invalidate the Agreement or Your obligation to pay for the Licensed Software. Cvent will provide You with documents and templates listing the type and format of the information needed to upload Customer Data into the Licensed Software. Customer Data may also include information or materials which You obtain from third party social networking sites and cause to be presented through the Licensed Software. Customer is solely responsible for the Customer Data and represents and warrants that all Customer Data is correct and current, is owned by it, and that provision and/or use of such Content hereunder shall not violate or infringe the intellectual property, privacy or publicity rights of any third party, and that all placements of Content have been approved for Cvent's use. Cvent may adjust any agreed timetable or delivery schedule, as reasonably necessary, due to any failure or delay by Customer to perform its obligations under this Agreement. Customer will at all times comply fully with all laws, including with respect to the performance of this Agreement, and the collection, use and storage of all Customer Data. Customer grant Cvent a limited, non-exclusive right and license to use the Customer Data (including copyright, trademark, patent, publicity or other rights) for Cvent to provide the Licensed Software and the right to disclose the Customer Data to third-party service providers to operate the Licensed Software. You acknowledge that mobile devices may be lost or stolen, and the transmission, processing or storage of sensitive information on such devices creates certain security risks that Cvent cannot mitigate, including without limitation onward dissemination of Customer Data by attendees of the event(s). Therefore, Customer agrees that Cvent is not responsible for the unauthorized dissemination of any Customer Data distributed to a mobile device through the Licensed Software.

3.     Mobile Platforms. Use of the Licensed Software to deploy an App for Your event(s) will be subject to rules and procedures established by the third parties that operate and control the applicable online marketplaces for mobile device applications (collectively, including Apple and Google, the “Mobile Marketplaces”).

3.1            You acknowledge and agree that:  

A.       You, Your employees and any agents acting on Your behalf shall abide at all times by such rules and procedures and any changes thereto;

B.       Cvent has no control over such rules and procedures, and cannot be responsible for ensuring performance or availability of any Mobile Marketplace;

C.      Cvent is not liable for any delays in the delivery or deployment of Your Apps caused by changes to, or Your failure to adhere strictly to, any such rules or procedures; and

D.      Cvent is not liable for any delays in the delivery or deployment of Your Apps due to a lack of availability or downtime of any Mobile Marketplace.

3.2            Without limiting the generality of the foregoing, You agree:

A.       not to use Your Apps for the purpose of sending unsolicited messages to end users or for the purpose of phishing or spamming, including, but not limited to, engaging in any types of activities that violate anti-spamming laws and regulations, or that are otherwise improper, inappropriate or illegal; and

B.       not to make use of push notifications in a manner which is excessive, as may be determined by the applicable Mobile Marketplace.

4.     Build Process and Minimum Timelines. You will be assigned a Customer Success Manager (CSM) shortly after submission of Your signed Proposal. The CSM will collaborate with You to schedule delivery dates for You to provide event information, graphics and other Customer Data for configuring the App for Your event(s) (the “Delivery Schedule”). Cvent is not responsible for delays resulting from any failure by You to comply with the agreed upon Delivery Schedule. Once initial graphics and other Content are provided, Customer agrees that the Project Manager will be given a reasonable period of time (typically 5-15 business days, but possibly longer for complex events) to build a demo version of the mobile application for Customer’s event. Thereafter Customer will have an opportunity to review and make changes prior to submission of the mobile application to the applicable third party marketplaces like Apple iTunes / App Store and Android Market. If the Proposal spans multiple events, You shall be responsible for notifying Your CSM of each event at least sixty (60) days prior to the desired launch date for such event within the App(s) in order to ensure timely delivery. A timely release of Your App requires that all Customer Data be submitted and approved for submission to the Mobile Marketplaces no later than 14 days prior to Your agreed upon App launch date. The EventCenter shall continue to be available to You to add and modify the Customer Data before, during and after publication.  

5.     Review and Submission:

5.1            All Customer Data must be submitted through the EventCenter, and, unless otherwise specified as an additional Service in Your Proposal, You are solely responsible for the build of the App through the EventCenter.

5.2            You will have access to Cvent support staff as stated in clause “Support”, and You will have an opportunity to review and make changes prior to submission of the App to the applicable Mobile Marketplaces.  

5.3            The App needs to be submitted to the applicable Mobile Marketplaces, and You acknowledge and agree that Cvent shall bear no expenses and assumes no risk or liability for any administrative actions performed by Cvent needed to submit the App to the applicable Mobile Marketplaces on Your account, if applicable.  

5.4            You may choose to publish your App in one of the following three ways:  

i.           Engage Cvent to publish your event(s) in the Mobile Marketplace within Cvent’s container app – Cvent Events . By engaging Cvent to publish your event for you, you consent to providing Cvent the necessary information to access to the applicable Mobile Marketplace (i.e., through access to the developer account) to publish your App on your behalf. Cvent will use its commercially reasonable effort to obtain approval by the Mobile Marketplace, within the mutually agreed timeline.  

ii.          Publish your own branded multi-event app, and in order to do so either of the following methods may be agreed upon:  

A. Self-publish your App on your own, and for this you shall need -
-Apple and Google Developer Accounts (non-enterprise)
-Internal resources familiar with Apple App Store and Google Play distribution
-For Apple, Access to a Mac and the knowledge on how to create the required certificates and provisioning profiles  

B. Authorize Cvent to publish your App in the Mobile Marketplace on your behalf, and for this you shall need –
-Apple and Google Developer Accounts (non-enterprise)
-Authority to add Cvent as an admin, to access and manage your Developer Account. However, Cvent shall bear no expenses and assumes no risk or liability for any administrative actions taken by Cvent in its limited capacity of submitting the application through your Developer Account.  

iii.         Self-publish your App in your internal app store, circumventing the pubic Mobile Marketplace. In this case too, you will need the additional resources as stated in clause 5.4(ii)(A). In addition, you will need – §
-Apple Enterprise Developer Account vs a standard Apple Developer Account
-Internal resources familiar with Apple Enterprise app distribution outside the public Apple App Store

5.5            You acknowledge and agree that in the event you choose to publish your App as set forth in clauses 5.4(ii) and 5.3(iii) above, the primary control of the developer account shall remain with you and as such:  

i.           you will be solely responsible to ensure compliance with all the rules and procedures established by Apple and Google.

ii.          you shall secure your Enterprise Distribution License and an Enterprise Developer Account at your sole expense; and maintain it securely with all data privacy procedures in place to safeguard the Customer Data.

iii.         Cvent will bear no responsibility for any delays in publishing or rejection of your App by Apple or Google, and any such delay will not modify your obligations to Cvent including, but not limited to, your payment obligations. If your App is rejected by a Mobile Marketplace, you may engage Cvent to publish in Cvent’s container app.

iv.         If you terminate or do not renew this Agreement, you must not publish any App created under this Agreement in any manner.  

6.     Upgrades. During the term of this Addendum, if Cvent upgrades the version of the App or EventCenter You are using under this Addendum, You will not be charged an upgrade fee. Should Cvent offer additional optional software modules in the future that complement the App or EventCenter, You may elect to purchase the optional software modules for an additional fee.  

7.     Additional Graphics. Cvent provides optional graphics arts services (“Additional Graphics”) which may be used by You to supplement the Customer Data including to create splash screen, icons, banners, and background, for an additional fee.  

8.     Supported Devices, Operating Systems and Software Releases:
8.1              Devices:
a)    Cvent currently provides native, compiled Apps for the following devices: iPhone, iPod Touch, iPad, Android phones and Android tablets. Submission is made to Apple iTunes / App Store and Google Play Store only.  
b)    Cvent also provides a web application version of the App that can be accessed from any mobile device, including BlackBerry devices, or a regular computer with a good Internet connection and a compatible browser. Some features may not be available on all supported devices or the web application version.  
8.2              Operating Systems :   Cvent provides technical support for Apps on the current major release and immediately preceding major release of iOS and Android OS.
8.3              Software Releases :   Cvent provides technical support for Cvent Apps which are based on the most current release of the App or prior versions of the App for releases occurring up to six (6) months prior to the current release. Customers will be provided opportunities to upgrade their existing Apps to the most current App release.  

9.     Licensed Software Features:
  Licensed Software features include an event schedule, exhibitor list, speaker list, maps, networking opportunities, exhibitor and sponsor advertising opportunities, integration with social media platforms, and access to the EventCenter to manage Customer Data and run metrics on App usage. Optional features and services (including Click scavenger hunt photo game, live polling, Social Wall curated social content, integration with third party databases, and Premium Quick Event) are available if specified on the applicable Proposal.

10. Support:

10.1           During the term of the Agreement, Cvent agrees to provide You with email and telephone access to the Cvent Support Center all year round seven day a week and 24 hours a day i.e. 24X7X365. If You have more than one EventCenter login, You agree to appoint an Authorized Support Contact who will contact the Cvent Support Team directly on behalf of Your other EventCenter users.  
10.2           Upon expiration of the current Term of the Agreement, or in the event you choose not to renew the Agreement with Cvent, the App(s) for Your event(s) must be removed from all distribution sources (depending on the means by which your App is published pursuant to clause 2.4(d) above) and Mobile Marketplaces, and Cvent shall retain no obligation to support, update or maintain such App(s).

 

11.     No Transfer.   Cvent and Customer re-acknowledge that nothing in the Agreement shall operate to transfer any intellectual property rights between the parties. This license confers no title or ownership in the Licensed Software or any component thereof.   This license is not a sale of any rights in the Licensed Software including any instances of the Software contained in the mobile applications published for Customer’s event(s). The Licensed Software is owned by Cvent and Customer must treat it like any other copyrighted material.   Customer may not copy or modify the Software, reverse engineer it or disassemble/de-compile the Software.  

12. Sensitive Personal Information.   Notwithstanding any provision to the contrary in the Agreement, Customer acknowledges and agrees that use of the Licensed Software to transmit, process or store Sensitive Personal Information (as defined below) is unnecessary for use of the Licensed Software and therefore Customer shall be solely responsible for any such use of the Licensed Software by Customer or its employees, agents, subcontractors or clients, and Cvent shall bear no risk or liability for same. “Sensitive Personal Information” shall be defined as (a) social security numbers; (b) passport numbers or other government issued id numbers, date of birth and/or gender, except solely to the extent required by applicable regulations of the Department of Homeland Security or other government regulatory body; (c) health or medical information (other than food allergies or medical contact information); (d) financial account information; and (e) other information which a reasonable person would recognize as being highly sensitive (but excluding, for avoidance of doubt, contact information such as name, mailing address, email address, and phone number).

 

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Social Tables Platform

Additional Terms and Conditions for Social Tables Platform

Last Updated: September 1, 2019

These Additional Terms and Conditions are legally binding and form an integral part of the Order Form and Event Cloud Terms of Use entered into by and between Cvent and Customer (the “Agreement”) to reflect the Parties’ agreement with regard to the Customer’s subscription and use of the Social Tables Platform.

Definitions

  • Floor Plans
    Shall mean all renderings of a physical space uploaded to the Customer’s instance of the Social Tables Platform in a system supported format (e.g., a PDF, image file, acceptable CAD file or Social Tables’ proprietary FPC2 (or later) data file) but excluding Social Tables’ proprietary data structure for storing and representing such Floor Plans.
  • Event Sales
    Shall means the cloud-based presentation layer web pages using Floor Plans provided by Social Tables.
  • Social Tables Platform
    Shall mean the cloud-based event diagramming platform provided by Social Tables, as well as any add-on, optional or enhanced cloud-based products that Social Tables offers as add-ons to the basic platform that are expressly listed on the Order (if any).

Social Tables Platform

  • Social Tables Platform
    Customer’s right to access and use the Social Tables Platform commences on the “Start Date,” which is the later of the date specified in the Order Form or the date an access code for the Social Tables Platform is first provided to Customer. Cvent will provide to Customer access to the Social Tables Platform promptly after receipt from Customer of the necessary details of the initial user associated with the account. This access shall include licenses for the number of users as described on the Order Form (either a fixed number of users or an unlimited number of users). Social Tables reserves the right to change, improve and/or update the Social Tables Platform from time to time in its sole discretion, and to provide such changes, improvements and/or updates to Customer at no additional cost so long as it is not a feature or functionality that Social Tables offers to its other customers as a separate product at an additional charge.
  • Social Tables Sales & Catering System
    Customers subscribing to the Social Tables Sales & Catering System (“System”) in a duly executed Order shall have access to Social Tables’ group booking management and customer-relationship-management application for use in the property(ies) listed in each applicable Order and located in the United States only. As between Customer and Social Tables, Customer is solely responsible for inputting any data necessary to utilize the System, including but not limited to any data from Customer’s property management system.   Customer may utilize the System to create and generate contracts and invoices for its group bookings, including event, room and catering bookings directly from the System, provided Customer is solely responsible for the legality and accuracy of such contracts and invoices. Customer shall indemnify, defend and hold Social Tables, its affiliates, and their respective officers, directors, employees, agents and advisors, harmless from and against any and all liability, damages, costs or expenses (including reasonable attorneys’ fees) that are or may be sustained or incurred by an indemnified party as a result of any asserted claim or claims related any contracts or invoices generated through the System.
  • User Limits
    Customer has the ability to set up and change user accounts. Customer agrees that each user account shall be assigned to, and Customer shall cause it to be used exclusively by, a single individual (e.g., no creation of generic or shared user accounts). Except when provided otherwise on an Order Form, users are limited to employees of Customer and independent contractors acting as temporary employees (e.g., no granting user accounts to independent contractors that would use such accounts outside of the work they are performing on behalf of Customer). Where an Order Form specifies a limited number of users, Customer may re-assign a user account where the person initially assigned such account has left the employ of Customer or changed job assignments to a new job where use of the Social Tables Platform is not part of such job responsibilities. Each user account is unique to the assigned individual and may not be shared with others, including other personnel of Customer. Cvent reserves the right to impose a reconnection fee, not to exceed $500 or equivalent of local currency , in the event Customer is suspended for a reason caused by Customer and thereafter Customer requests renewed access to the Social Tables Platform.
  • License to Customer Data
    Customer hereby grants Cvent a non-transferable (except as provided herein), royalty-free (except as provided herein), non-exclusive, worldwide license to display, transmit, distribute, copy, store and/or reproduce the Customer Data on or through the Social Tables Platform or any other platforms maintained by Cvent, Inc. or its affiliates and to disclose Customer Data to third party service providers for Cvent to operate the Services. Additionally, Cvent may use, display, transmit, distribute, copy, store, provision into and/or reproduce the Floor Plans as part of the Social Tables Platform as well as in other Social Tables’ or Cvent, Inc’s (or its affiliates)   products during and after the Term until promptly after such time as Customer requests in writing that Social Tables cease such activities with respect to any Floor Plan identified in such writing.

Warranties; Disclaimers

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SOCIAL TABLES PLATFORM IS PROVIDED “AS IS,” AND NEITHER SOCIAL TABLES NOR ANY OF ITS PROVIDERS, LICENSORS, OFFICERS, EMPLOYEES, OR AGENTS MAKES ANY WARRANTY, CONDITION OR GUARANTEE WITH RESPECT TO THE SOCIAL TABLES PLATFORM OR AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SOCIAL TABLES PLATFORM, UNDER THIS AGREEMENT OR OTHERWISE. THE PURCHASE OF ACCESS TO AND USE OF THE SOCIAL TABLES PLATFORM IS MADE WITH KNOWLEDGE OF THIS WARRANTY LIMITATION. CVENT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, SATISFACTORY QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. CVENT DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR UNAUTHORIZED USE OR MISUSE OF THE SOCIAL TABLES PLATFORM.

CUSTOMER ACKNOWLEDGES THAT THE SOCIAL TABLES PLATFORM RELIES ON BLUEPRINTS THAT ARE PROVIDED BY CUSTOMER OR THAT MAY BE CREATED BY CVENT, AND THAT THE SOCIAL TABLES PLATFORM MATHEMATICALLY EXTRAPOLATES DATA DETERMINED FROM SUCH BLUEPRINTS, AND UNDERSTANDS THAT SUCH BLUEPRINTS AND DATA MAY CONTAIN ERRORS OR INACCURACIES, AND THAT SUCH DATA WHEN USED BY THE SOCIAL TABLES PLATFORM MAY PERMIT CONFIGURATIONS THAT VIOLATE THE LAWS, RULES OR REGULATIONS OF THE JURISDICTION IN WHICH THE FACILITY REPRESENTED IN SUCH BLUEPRINT IS LOCATED (WHETHER BY OVERRIDE BY CUSTOMER OR BY FUNCTION OF THE SOCIAL TABLES PLATFORM). CONSEQUENTLY, CUSTOMER AGREES THAT IT IS SOLELY RESPONSIBLE FOR ENSURING THAT THE PLANS GENERATED BY THE SOCIAL TABLES PLATFORM ARE SUITABLE FOR THE CONTEMPLATED EVENT AND WILL IN PRACTICE ACTUALLY PERMIT THE USE OF THE SPACE CONTEMPLATED IN SUCH PLAN AND THAT SUCH PLAN COMPLIES WITH ALL LAWS, RULES AND REGULATIONS APPLICABLE IN THE LOCAL JURISDICTION FOR WHICH THE PLAN HAS BEEN CREATED.

 

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DoubleDutch

Additional Terms and Conditions for DoubleDutch

Last Updated: October 23, 2019

These Additional Terms and Conditions are legally binding and form an integral part of the Order Form and Event Cloud Terms of Use entered into by and between Cvent and Customer (the “Agreement”) to reflect the Parties’ agreement with regard to the Customer’s subscription and use of the DoubleDutch services.

DoubleDutch Services

  • DoubleDutch proprietary mobile, tablet, and web-based application (“DD App”); and/or ·
  • the DoubleDutch registration web application (“DD Registration”); and/or
  • other Customer-branded software product offered by DoubleDutch (hereinafter together with DD APP and DD Registration, collectively referred to as “DD Services”).
  • Pursuant to the terms of the Agreement, Cvent and Customer hereby agree that DoubleDutch shall also provide Customer with a license to access and use DD Services. In the event of a conflict between the Agreement and this Addendum with regards to the license to access and use the DD Services.

 

DD Services Terms

Defined Terms:

a)      Admin(s)” means an individual who is authorized by the Customer to create, copy, delete, and hide Events within the Studio, as well as to manage Customer’s access to the Platform and Event Performance analytics. DD Services Content managers and Event managers are Admins with limited access to information in Studio. Details about types of Admins and access may be found on the DoubleDutch website.    /p>

b)      Attendee” means an individual that Customer loads or approves in the Studio based on a unique email ID per Event, whether such ID is provided by Customer or by open signup, and regardless of whether the individual downloads the App on its mobile device, tablet, or other device.  

c)      “DD Platform” means, collectively, DoubleDutch’s standard proprietary platform offering consisting of access to DoubleDutch websites and software (including Studio), DD App provisioning, hosting of the Services, assistance with use of the Studio, Service publication and distribution assistance, technical support, and related services made available by DoubleDutch to Customer, as identified in an Order Form.

d)       DD Services Content” means all of the copyrighted materials, data, information, and other content including but not limited to Customer’s trademarks, service marks, and logos, whether copyrighted or not, originated by Customer and delivered to DoubleDutch that enables a DD Service to operate properly in connection with the Platform and Professional Services.  

e)       "End User" means an individual who downloads or otherwise accesses a Published Service. The End User may use the Published Service only for that individual’s own personal use and not for resale or distribution to any other person or entity.  

f)      "EULA" means an End User License Agreement entered into by End Users that governs use of the Published DD App.  

g)      "Event" means a conference or other gathering produced by Customer.  

h)        Media Assets" means all DD Services Content consisting of branded graphics provided by Customer to be incorporated in a DD Service through the Studio that meets the specifications provided to Customer by DoubleDutch.  

i)       "Mobile Marketplaces" means online marketplaces for mobile device applications (collectively, including Apple and Google).  

j)       "Published DD App" means DD App that is published to   Mobile Marketplaces or the internet and used for an Event(s). A Published DD App may be used for single or multiple Events depending on the applicable license.  

k)        "Published Registration Page" means the DD Registration application published to the internet or otherwise made available to End Users. A Published Registration Page may be used for single or multiple Events depending on the applicable license.  

l)    "Published Service" means the Published DD App or the Published Registration Page, if used individually, or both the Published DD App and the Published Registration Page, if used collectively, as applicable.  

m)      "Registrant" means an individual who either registered through the Published Registration Page or is loaded or approved in the Studio for DD Registration based on a unique email ID per Event, whether such ID is provided by open signup or by Customer.  

n)      "Studio" means DoubleDutch’s content management system and portal or the DD Registration administrator portal.

DD Platform

  •             General:
    DoubleDutch shall provide Customer access to its DD Platform, DD Services, and Professional Services as stated in an Order Form. Unless otherwise stated in an Order Form, access to the DD Platform is provided on a subscription basis, and Customer’s ability to access and use, and enable Admins, Attendees, and Registrants to access and use, the DD Platform and content contained therein is dependent upon a current subscription term being in effect. If Customer changes its subscription to the DD Services during the term of the Agreement, Customer will have a thirty (30) day transition period from the date of such change to remove and reassign Customer’s Published DD Apps and Admins as applicable under Customer’s new subscription. DD Platform  
  •             DD Platform Features:
    DoubleDutch will provide Customer with access to the DD Platform features, and Customer’s Attendees and/or Registrants will have access (via the Published DD App, Published Registration Page, or other end user interface) to the features listed at https://doubledutch.me/features/ . This features list may change from time to time, in which case, DoubleDutch will use commercially reasonable efforts to maintain the primary features of the Published DD Apps or Published Registration Page which are of equivalent functionality as of the date of Customer’s most recent Order Form. DoubleDutch will notify and offer Customer commercially reasonable alternatives if a primary feature of a Published DD App or Published Registration Page used by Customer during the current term of the Agreement is discontinued.
  •            Lead Retrieval Disclaimer:
    The Lead Retrieval feature contains known defects and flaws that could result in feature inoperability and/or inconvenience in utilizing the feature. DoubleDutch does not warrant or guarantee that the Lead Retrieval feature will satisfy your requirements, or that the operation of such will be uninterrupted or error free. You accept the covered feature as-is, in the form provided, and expressly waive any right to any and all refunds, damages (whether direct, indirect or otherwise), or other compensation.
  •             Hosting Services:
    After all DD Services Content for an Event has been delivered by Customer through the Studio, DoubleDutch will host and make available such DD Services Content together with the DD Service for access and use by Customer’s Attendees, Registrants, and Admins. Customer acknowledges that DoubleDutch may limit Customer’s use of the DD Platform to conform with the Attendee, Registrant, Admin, Published DD App, Published Registration Page, and DD Registration amounts or components listed in Customer’s Order Form.
  •             Attendees:
    If applicable to DD Services, an annual maximum number of Attendees will be allotted to Customer per DD Platform tier, as stated in an Order Form. Attendees are counted on a per Event basis, so that by way of example, the same individual or email ID loaded into the Studio for two (2) Events will count as two (2) Attendees. DoubleDutch will count on an aggregate basis the number of Attendees from the start through the finish: (i) of each specific Event and (ii) of all Events during the term of the Agreement, which count shall be tallied at the end of each Event. DoubleDutch will monitor Attendee usage and notify Customer if Customer exceeds the Attendee count based upon Customer’s Order Form(s). Customer will be billed for any Attendees beyond annual maximum number of Attendees at the rate specified in Customer’s Order Form or the then current rates for overage if none is specified. Additional Attendees may be provisioned via an Order Form and their usage rights will expire at the end of the then-current term of the Agreement. Any unused Attendees may not be carried over to any renewal term of the Agreement upon the expiration of the then-current term of the Agreement.
  •             Registrants:
    Customer will be allotted a set number of Registrants based on the DD Registration subscription type stated in Customer’s Order Form. Registrants will be counted on a per Event basis, so that by way of example, the same individual or email ID loaded or registered into the Studio for two (2) Events will count as two (2) Registrants. DoubleDutch will count on an aggregate basis the number of Registrants from the start through the finish: (a) of each specific Event and (b) of all Events during the term of the Agreement, which count shall be tallied at the end of each Event. DoubleDutch will monitor Registrant usage and notify Customer if Customer exceeds the Registrant count based upon Customer’s Order Form(s) Customer will be responsible for any Registrant overages at the rate specified in Customer’s Order Form or the then current rates for overage if none is specified. Additional Registrants may be provisioned via an Order Form and their usage rights will expire at the end of the then-current term of the Agreement. Any unused Registrants may not be carried over to any renewal term of the Agreement upon the expiration of the then-current term of the Agreement.
  •             Published Service:
    Each DD Service subscription includes the license to publish one (1) Published Service and have one (1) Admin role in the Studio to manage the subscribed DD Service. A new subscription and license will have to be procured for any additional Published Service. Furthermore, each license for a Published Service must be assigned at least one (1) Admin and the license must be renewed upon expiration in Order Form for the Published Service to remain available on the Mobile Marketplaces or online. Additional subscriptions for Published Services may be provisioned via an Order Form, and each new DD Service subscription will also include at least one (1) Admin role.
  •             Admins:  
    A certain number of Admin roles will be provided to Customer as stated in an Order Form. Customer must activate each Admin role by assigning it to a Published Service. Admin roles may be reassigned to a different Published Service so long as there is always at least one (1) Admin assigned to each Published Service. DoubleDutch will monitor Customer’s Admin roles and notify Customer if Customer exceeds the Admin count based upon Customer’s Order Forms. Customer will responsible for any Admin role overages at the rate specified in Customer’s Order Form or the then current rates for overage if none is specified. Additional Admins may be provisioned via an Order Form.
  •             Per Event license:
      If Customer subscribes for a per Event license, Customer may access and use, and enable Admins, Event managers, and DD Services Content Managers to access and use, the DD Platform and content contained therein; provided, however that Customer will be allotted a certain number of Attendees that may only be used for a single Event.
  •  
  •             Support:
    DoubleDutch will provide technical support for the Studio to Customer and Customer’s Attendees or Registrants as specified in Customer’s Order Form and as further specified below. Additional information regarding DoubleDutch support can be found at https://doubledutch.me/service .

Event Information and Content

  •              Content Management System:
    As a part of the DD Platform, DoubleDutch will provide Customer with access credentials to the Studio during the term of the Agreement through which Customer will be able to add and manage Attendees or Registrants, upload Event information and other DD Services Content for Customer’s Event (including push notifications and promoted posts), and access Attendee or Registrant data and related usage metrics. Customer will provide DoubleDutch with Media Assets for each DD Service in accordance with the specifications provided by DoubleDutch, and Customer must deliver such Media Assets for each DD Service no later than sixty (60) days prior to the intended launch date of the applicable DD Service in order for such DD Service to be published and made available to Attendees or Registrants. Customer will also provide all necessary DD Services Content through the Studio in order for the DD Service to be made available to Attendees or Registrants in a timely manner. DoubleDutch is not responsible for delays resulting from any failure by Customer to comply with the aforementioned timeline. A timely release of DD Service requires that all DD Services Content be submitted and approved for submission to the Mobile Marketplaces and/or Studio (as the case maybe) no later than 14 days prior to Customer’s agreed upon in tended launch date of the DD Service.
  •             Unauthorized Use:
    Customer will take reasonable precautions to protect against theft, loss or fraudulent use of access credentials and maintain the confidentiality of all usernames and passwords issued to Customer for Admins, Attendees, and Registrants. Customer is solely responsible for all activities that occur under these usernames and for any losses arising from another party’s use of such usernames and passwords , either with or without Customer’s knowledge . Attendee, Registrant, and Admin passwords may not be shared between individuals. Customer shall of such IDs and passwords, and Customer is solely responsible for any losses arising from another party’s use of such IDs and passwords, either with or without Customer’s knowledge.

Mobile Marketplaces Distribution

  •             General:
    This Section 4 shall not apply to DD Registration.
  •             By DoubleDutch:
    DoubleDutch will use commercially reasonable efforts to make DD Apps available and assist Customer with distributing them to End Users, in accordance with DoubleDutch’s privacy policy ( https://doubledutch.me/privacy/ ), through the applicable Mobile Marketplaces.
  •             By Customer:
    Customer is responsible for DD App distribution, subject to the following:

    • Customer will comply with all applicable rules, guidelines, and terms and conditions of each Mobile Marketplaces relating to the distribution permitted by this Addendum and will only distribute the DD Apps to End Users subject to a binding agreement that complies with the requirements of the applicable Mobile Marketplaces and that contains the following terms: (i) title to, and ownership of, the DD Apps (excluding any of DD Services Content and/or Customer’s marks therein) remains with DoubleDutch; (ii) the DD Apps may not be altered, modified, distributed, transferred, reverse engineered, decompiled, or disassembled; (iii) all warranties, express and implied, are disclaimed on behalf of DoubleDutch; (iv) all direct, consequential, special, and indirect damages are disclaimed on behalf of DoubleDutch; and (v) data use and license provisions, as required to be passed on to End Users pursuant to a EULA subject to Section 5 of this Addendum;
    • In the case of the Apple Mobile Marketplaces: (i) Customer will be solely responsible for obtaining and maintaining a valid iTunes Connect® account during the term of the Agreement; (ii) Customer is solely responsible for creating the iOS Distribution Certification, provisioning profile with DD App ID and Bundle Identifier, and Apple® Push Notifications Production Certificate and associated passwords for each DD App; and (iii) Customer must deliver the current Apple® Push Notifications Production Certificate to DoubleDutch no later than fifteen (15) days prior to intended DD App launch date in order to effect a timely deployment;
    • In the case of Google Play: (i) Customer will be solely responsible for obtaining and maintaining a Google Play developer account during the term of the Agreement; and (ii) Customer may elect, in Customer’s sole discretion, to provide DoubleDutch with “Release Manager” access to Customer’s Google Play account or, in the alternative, DoubleDutch can provide Customer Android .apk files to upload to the App to enable such use; and
    • DoubleDutch will use commercially reasonable efforts to provide Customer with distribution assistance and support to upload the App to the applicable Mobile Marketplaces to the extent permitted under applicable Mobile Marketplaces guidelines.
  •             Mobile Marketplaces Operator:
    Customer agree that the operator of each applicable Mobile Marketplaces has the discretion to approve or reject the Apps and that DoubleDutch shall have no responsibility for any App that is rejected by the owner/operator of such Mobile Marketplaces.

DD Platform

  •             License to End User Data:
    DoubleDutch will not disclose, transfer, or use any End User Data for any purpose other than to perform its obligations under this Agreement with the exception noted in Section 4.1(e) of the Agreement.
  •             Customer’s Right to License End User Data:
    If applicable to DD Services, Customer acknowledges and agrees that distribution of a Published DD App is subject to a EULA binding on Customer’s Attendees in the respective Mobile Marketplaces that contains: (i) an express license and such other terms necessary for Customer to obtain End User Data that DoubleDutch can use pursuant to Section 5.5 and that disclaims all liability on behalf of DoubleDutch and its suppliers for such use; and (ii) Privacy Policy, applicable to all Attendees’ use of the Published DD Apps, which shall disclose and describe Customer’s collection, licensing and DoubleDutch’s use of End User Data in accordance with this Section 5. If applicable to DD Services, Customer further acknowledges and agree that Registrants registering through a Published Registration Page are subject to a EULA and/or Privacy Policy, which shall be made available by DoubleDutch. Customer shall be responsible for Customer, its affiliates’, and Customer’s employees and agents’ compliance with the Privacy Policy and all applicable laws in connection with the distribution and use of the Published Service(s).

 

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Cvent Hospitality Cloud (For Planners Only)

Additional Terms and Conditions for Cvent Hospitality Cloud (For Planners Only)

Last Updated: September 1, 2019

These Additional Terms and Conditions are legally binding and form an integral part of the Order Form and Event Cloud Terms of Use entered into by and between Cvent and Customer (the “Agreement”) to reflect the Parties’ agreement with regard to the Customer’s subscription and use of the Cvent Hospitality Cloud (For Planners Only) services.

Description of Services

This Exhibit describes additional terms under which Cvent offers access to the Cvent Group Travel, Cvent Business Transient services, and Passkey, as applicable (the "Services" or the "Site"). The Services enable Customer to search, select and source meeting and event industry suppliers and to submit requests for proposal ("RFPs"), bid responses, and related communications with hotels, venues, and other companies (“Suppliers”) that provide services to Customer.

Additional Responsibilities

  • Customer assumes all risk in dealing with other members of the Services and shall be responsible for all communication with each other and if applicable, separately executing contracts with one another. Any dispute regarding any product or service, or failure to provide agreed products and services must be resolved directly between Customer and the applicable Supplier(s). Cvent is not responsible for any breach by either party of the terms of any transaction or associated transaction-related activities.
  • Customer represents and warrants that each RFP submitted by Customer (or on behalf of Customer by its employees or agents) is authorized and intended for an actual meeting.

Content and Access

  • The Service may contain links to third party websites. These linked sites are not under the control of Cvent, and Cvent is not responsible for the content of any linked site. Customer acknowledges and agrees that Cvent has no control over the quality, or accuracy of the products and/or services advertised.
  • Customer agrees not to use any manual or automated means (of any type) to capture or extract data in bulk from Cvent's websites.
  • Cvent may modify the Service website content and display at any time without liability except regarding intellectual property rights of Suppliers.

Supplemental Business Transient Terms

Rate Audit

  • Rate Audit.    Rate Audit (as defined below) shall be performed on up to any of the following Global Distribution Systems (GDS) (available are: Abacus, Amadeus, Apollo or Galileo, Sabre, and Worldspan) to ensure integrity of the rate loading of Customer’s rates for up to the number of hotels in Customer’s preferred hotel program as listed in the Order Form for 3 Audit Jobs (as defined below) for each annual period.
  • Definition of an "Audit":  An "Audit" is described as: (i) a single PSEUDO CITY CODE, (ii) a single HOTEL, (iii) a single DATE, and (iv) a single RATE ACCESS CODE. [Note: A PSEUDO CITY CODE can also be referred to as an Office ID or SID].   Customer must provide, and agrees to provide, to Cvent the authority to perform Audits on its behalf by allowing access into Customer's Master PSEUDO CITY CODES in each of the applicable GDS.   In the event that Customer is unable to provide Cvent access to utilize Customer's Master PSEUDO CITY CODES when performing Audits, Customer has the option to utilize Cvent's Master PSEUDO CITY CODES in each GDS. Should Customer select this option, Customer understands and agrees that Cvent's access is only valid and accurate if EACH AND EVERY hotel chain being audited attaches Cvent's PSEUDO CITY CODES to all of the negotiated rate access codes. IF, Cvent's PSEUDO CITY CODES are not attached by the hotel companies then the Audit results will be inaccurate for which Cvent will not be responsible for any such inaccuracies.
  • Definition of an "Audit Job": An "Audit Job" shall be defined as the initiation and completion of the processing of a single file containing one or more Audits.

Activities Included in the Annual License Fee

For each annual period, Audits shall be performed in the GDS as elected by Customer. For each annual period, Rate Audit report will:

  • Audit Jobs in GDSs as elected by Customer. Any Audit in excess of the Annual License Metric Volume, as more fully described on the Order Form will be subject to additional annual license fees as Cvent's current rate.
  • Allow Customer access to Cvent's Rate Audit GUI interface to review audit results.
  • For each annual period, Cvent will initiate the first full-program audit per Customer request. Cvent shall then utilize the GUI interface to perform up to 2 single follow-up audits per program for failed properties identified in previous audits.

Additional Fees

  • Customer shall be responsible for any and all applicable GDS transaction fees and will be billed in arrears by Cvent.
  • Beginning with the 4th Audit, per program, additional fees shall apply as set forth below.
    • "AUDITS" PERFORMED IN EXCESS OF THE PARAMETERS SET FORTH HEREIN SHALL BE INVOICED BY CVENT, MONTHLY, IN ARREARS AT THE OVERAGE FEE LISTED IN THE ORDER FORM, PER PROPERTY.
    • ADDITIONAL AUDIT AND SET-UP FEES SHALL APPLY IF CUSTOMER ADDS ANY ADDITIONAL PCCS OR GDS TO BE AUDITED DURING THE TERMS SET FORTH IN THIS AGREEMENT.

 

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Passkey for City Wide

Additional Terms and Conditions for Passkey for City Wide

Last Updated: September 1, 2019

These Additional Terms and Conditions are legally binding and form an integral part of the Order Form and Event Cloud Terms of Use entered into by and between Cvent and Customer (the “Agreement”) to reflect the Parties’ agreement with regard to the Customer’s subscription and use of the Passkey for City Wide services.

Project Implementation Plan

Project Plan Summary

A detailed project plan and timeline sample is included to reflect the development and implementation of all aspects of the solution. Dependencies for project initiation include resource availability and commitment from both Customer and Cvent to achieve the items contained in the project plan. Any delays as a result of making resources available for the term of this project will not absolve Customer from their obligation to pay Software Service fees in accordance with the attached Order Form and Agreement and may result in additional fees. The following table summarizes the projected phases, timeline and deliverables:

Projected Project Schedule

PHASE TIME FRAME SUMMARY OF DELIVERABLES
Phase 1. Project Initiation    
  • Launch Meeting
  • Confirm Project Roles and Responsibilities and identify points of contact
  • Create and Review Initial Project Plan
  • Create Property Cvent Passkey Implementation Workbook
  • Establish Project Call Schedule
Within 10 business days after contact signing
  • Project Oversight Roles
  • Cvent Passkey Implementation Plan
  • Cvent Passkey Implementation Workbook
Phase 2. Product Configuration    
  • Conduct Cvent Passkey Implementation Workbook Review
  • Establish Branding Standards
  • Participate in Scheduled Implementation Calls
  • Confirm Project Plan
  • Establish Training Dates
Within 15-30 days after contract signing
  • Completed Cvent Passkey Implementation Workbook
  • Approved Cvent Passkey Marketing Standards
  • Cvent Passkey Roles and Responsibilities Assigned
  • Training Participants Outlined
  • Training Requirements confirmed
  • Completed Implementation Survey
Phase 3. Implementation    
  • Approval of finalized processes and system configuration/bundles/libraries
Within 30 thru 45 days after contract signing
  • Initial Cvent Passkey Set-up Complete
  • Complete Final Cvent Passkey Set-up
Within 45-75 days after contract signing
  • Cvent Passkey Setup Complete
Phase 4. Training    
  • Online eLearning Training
  • Perform User Training
Within 14-21 business days of completed workbook
  • Online Training
  • Training Survey

Project Initiation

Cvent will initiate the project by confirming a pre-launch meeting. Cvent and Customer will identify information, data, and personnel requirements that will be essential to accomplishing the project. Responsibilities of all individuals who will be involved in the project will also be determined and assigned. Both parties should be prepared to identify necessary project resources to support the implementation process.

Project Initiation Deliverables:

  • Project Oversight Roles
  • Cvent Passkey Implementation Workbook
  • Implementation Timeline

Project Configuration

The goal of the configuration phase is to identify the business requirements necessary to access and use of Cvent Passkey within the Customer organization.

Key Product Configuration Deliverables

  • Completed Cvent Passkey Implementation Workbook – the Cvent Passkey Implementation Workbook will be completed by the Customer with Cvent facilitation. This document will be used to establish standards for the use of Cvent Passkey. This document will establish defaults for the following: o   < Cvent Passkey Settings and Defaults

    • Event Bundles
    • Attendee Website Templates
    • Group Campaign Templates
    • Planner Notification Letter Templates
    • Reservation acknowledgements
    • Hotel notifications
    • Smart Alerts
    • Guarantee/Payment and Attendee Types
    • Marketing Materials
  • Passkey Process Documents – Cvent to provide processes and checklists that are to be incorporated into the Customer’s housing management standard operating procedures. This documentation may contain the following:
    • Operational process and roles and responsibilities for the user of Cvent Passkey.
    • Potential risk areas and tactical best practices to address those areas.

Training

Customer training will be conducted according to the Training Schedule finalized during the Product Configuration and Training Preparation phase. Customer should identify personnel who will serve as Cvent Passkey experts and who will be responsible for training subsequent Customer users. These Cvent Passkey experts will also be responsible for providing Level 1 Support on the Software Service within the Customer organization.

Scope of Training

Cvent will provide Customer with the following training program. It includes:

  • Introductory training comprised of three (3), four (4) hour training sessions for a total of twelve (12) hours.
  • Online training for upgrade and enhancement to product in general scheduled online classes
  • Access to online documentation, videos, and other training tools
  • Additional training sessions available at an additional cost

Additional Fees

Customer agrees to pay Cvent for any additional training modules, classes or training participants not initially specifically identified at Cvent’s then current rates. Additional fees will include, but may not be limited to, additional training materials, reproduction, additional trainers, and travel and direct expenses for all sessions.

Training Prerequisites

Customer agrees that:

  • All attendees will have working knowledge of the Internet, Microsoft Word and Excel, how to cut & paste images and text, and how to use email and attachments prior to attending any training module.

Online Training Requirements

Customer agrees to provide the minimum standards for online training described in Table I below:

Table I Minimum Standards

Standard Designation Version(s)
Operating System Microsoft Windows 2007/XP/Vista/Server 2003
Browser Microsoft Internet Explorer Mozilla Firefox V 9.0 or higher
ESR31 (Firefox33) or higher
Software Microsoft Office Professional 97-SR2/2000-SP3/XP-SP 2
Java Runtime (required for Java map setup) Sun’s Java Runtime Environment plug-in, JRE Version 1.4.2

Customer will be responsible for any additional direct costs, training cancellation fees, or other charges associated with delays or cancellations in training that result from a failure to provide the Training Requirements.

Customer ROLE CVENT ROLE
Project Executive Sponsor Implementation Manager
·        Responsible for executive support of the Cvent Passkey implementation project, maintains knowledge of progress and has the authority to draw resources as necessary to ensure the project success. ·        Responsible for support of the Cvent Passkey implementation project, maintains knowledge of progress and has the authority to draw resources as necessary to ensure the project success.
Project Manager Implementation Consultant
·        Responsible for providing and scheduling access to key staff in all aspects of the Implementation Process including the training schedule.   ·        Will serve as the main point of contact during the implementation process.
Training Coordinator Customer Trainer
·        < Responsible for providing local support to Cvent Training Manager in order to deliver training. ·        < Responsible for implementing the online training program.
Cvent Expert – Primary  
·        Responsible for providing Level 1 Support to internal users regarding access and use of Cvent Passkey. Act as main Cvent Passkey user contact at Customer organization for all notifications and updates.     ·        N/A
Cvent Expert – Backup Technical Emergency Support – Backup
·        Responsible for providing Level 1 Support to internal users regarding use of Cvent Passkey if Primary contact is not available.   ·        < Cvent support staff is available 24/7 for emergency technical support after normal business hours. An “emergency” is defined as a Priority 1 error only.

Training Cancellation Fees. A $1,000 training cancellation fee per trainer per training event, plus any out-of-pocket expenses resulting from a change in the training date(s) will be billed if:

  • Training is cancelled by Customer within 14 days of date of training session;
  • Customer fails to honor training session dates; or
  • Training cannot be conducted because Customer fails to meet required hardware and network configuration requirements.
  • Additional Online Training                      $225 per hour or equivalent of local currency
Non-Billable Billable
·        RegLink issues that are a result of Cvent changes ·        General “how to” questions   ·      RegLink issues that are a result of Customer changes ·      Training for new users (beyond the initial training program) ·     

All Support Services, Additional Training must be approved by both parties prior to the initiation of any work.

 

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Kapow Premium Platform

Additional Terms and Conditions for Kapow Premium Platform

Last Updated: September 1, 2019

These Additional Terms and Conditions are legally binding and form an integral part of the Order Form and Event Cloud Terms of Use entered into by and between Cvent and Customer (the “Agreement”) to reflect the Parties’ agreement with regard to the Customer’s subscription and use of the Kapow Premium Platform services.

Scope of Services

  • Service This Exhibit describes the terms under which Kapow Events, Inc. (“Kapow”), a wholly-owned subsidiary of Cvent offers access to the Kapow Premium Platform (“Kapow Premium”). Kapow Premium enables Customer to book and manage events on a single platform.
  • Additional Features Kapow Premium may also include additional onboarding and support services (which may be subject to an additional fee), as specified in the applicable Order Form.

Responsibilities of the Parties

  • Customer is solely responsible for the actions of its employees and agents that use Kapow Premium on its behalf, including without limitation the booking and managing of events.
  • Customers represent and warrant that each purchase submitted by Customer (or on behalf of Customer by its employees or agents) is authorized and intended for an actual event.
  • Kapow will assign Customer one or more login IDs and passwords that will enable Customer to access Kapow Premium. Customer shall take reasonable precautions to protect against theft, loss or fraudulent use of such IDs and passwords, and Customer are solely responsible for any losses arising from another party’s use of such IDs and passwords, either with or without Customer knowledge.
  • During the term of the Agreement, Kapow agrees to provide Customer with email and telephone access to the Kapow Support Center Monday through Friday between 9 am and 5 pm CST, except holidays.

Content and Access

  • Customer acknowledges and agrees that Kapow has no control over the quality, availability or accuracy of the venues and/or events advertised. All Customers of Kapow Premium and visitors to the Kapow website agree not to use any manual or automated means (of any type) to capture or extract data in bulk from Kapow's website.
  • Customer agrees that Customer will not copy, record, publish, extract, scrape, replicate, reproduce, use or resell for any competing commercial purpose any information on Kapow Premium. If Customer do so, then Customer agrees that Kapow is suffering irreparable injury and Customer agrees to pay all reasonable attorney's fees and costs incurred in enforcing these provisions. Kapow may, at its sole discretion, immediately terminate access to Kapow Premium should Customer's conduct fail to conform to any of these Terms.
  • Kapow may modify the Kapow Premium website content and display at any time without liability. Customer use of Kapow Premium after the terms have changed constitutes acceptance of the new terms. Kapow reserves the right, at its sole discretion, to determine all matters concerning Kapow Premium and may change the format and page placement of all data at any time without prior notice.

Warranties

  • KAPOW PREMIUM IS PROVIDED ON AN “AS IS” AND ‘AS AVAILABLE’ BASIS.   KAPOW DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CVENT DOES NOT REPRESENT OR WARRANT BUT WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT KAPOW PREMIUM IS UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND THAT THE SERVERS USED FOR KAPOW PREMIUM WILL BE FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS.
  • CUSTOMER ACKNOWLEDGES THAT USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO KAPOW PREMIUM AND CUSTOMER DATA.   ACCORDINGLY, KAPOW CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. IN ORDER TO PROTECT CUSTOMER’S DATA, KAPOW MAY SUSPEND CUSTOMER’S USE OF KAPOW PREMIUM IMMEDIATELY, WITHOUT PRIOR NOTICE, PENDING AN INVESTIGATION, IF ANY BREACH OF SECURITY IS SUSPECTED.
  • CUSTOMER ACKNOWLEDGES THAT KAPOW PREMIUM AVAILABILITY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CVENT IS NOT RESPONSIBLE OR DEEMED TO BE IN DEFAULT FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, OR UNAVAILABILITY RELATED TO CUSTOMER’S APPLICATIONS, CUSTOMER DATA, OR CUSTOMER’S EQUIPMENT, OR THE ACTS OR OMISSIONS OF ANY USER OF KAPOW PREMIUM.

 

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Cvent Event Express

Additional Terms and Conditions for Cvent Event Express

Last Updated: September 1, 2019

These Additional Terms and Conditions are legally binding and form an integral part of the Order Form and Event Cloud Terms of Use entered into by and between Cvent and Customer (the “Agreement”) to reflect the Parties’ agreement with regard to the Customer’s subscription and use of the Cvent Event Express services.  

Trial

  • These Terms are incorporated by reference into your trial access pursuant to which the Customer receives the right to access and use Cvent’s owned and/or leased computer systems and certain proprietary and licensed software and other information (the “Cvent System” or “Services”) as upgraded from time to time.   These Terms comprise a binding written agreement between Customer and Cvent, effective as of the date of your acceptance Customer (this “Agreement”).   Cvent may amend these Terms at any time in its sole discretion, effective upon communication of these changes through any written contact method we have established with you.   Upon the expiration of your Trial Period (as defined below), your access to the Cvent System shall be terminated and you shall have no further right to access Cvent System (and any information or data which you have uploaded).   If you wish to continue your access to the Cvent System after the Trial Period, you must first execute an Order Form with Cvent.   Upon the mutual execution of an Order Form, your access to the Cvent System shall be reactivated.
  • By accessing the Site and/or availing the trail access, you agree to authorize Cvent and its affiliates to communicate with you by email or any other medium as deemed fit by Cvent about (including but not limited to) products or services that our offered by Cvent and/or our affiliates, seek your post trial feedback about Cvent System, etc.

Event Management Product: Features

Event Management Product: Features

You shall receive the following features with your base edition of the Cvent Event Management Product.

Administrative Express Edition
Online training and online user guides
Graphics/documents library 2 GB*
Number of user logins 1*
Internal calendar for planners
Address Book  
Custom contact fields Up to 15
Group contact management
Unlimited importing/exporting
Search and merge functions
Registration Process  
Mobile-friendly registration
Ticketing
Registrant (pre-event) questions
Advanced Registration Options  
Sync to calendar
Networking  
Reporting  
Standard event reports
Event Promotion  
Social media share bar
Promotional widgets
Mobile-friendly event website
Maps and weather
Branding Package (Custom URL, Favicon, Custom Footer, etc.) Not Available
Custom URL or Private Domain Not Available
CrowdCompass Native Mobile App Not Available
Travel Integrations****  
Passkey (hotel) integration  
Concur Travel integration  
GetThere (air travel) integration  
Rearden (air travel) integration  
GDS integration (Sabre, Amadeus, Apollo, Galileo, Worldspan)  
AMEX DTR integration  
Integrations****  
CrowdCompass Connector Included w/ App Purchase
Google Analytics  
API access  
API access for Eloqua Connector  
Webex integration  
Single Sign-On  
HTTP post page data transfer  
External Authentication  
Concur Expense integration  
Citi Card integration  
Webhooks Not Available
Marketo integration Not Available
Salesforce integration Not Available

✓    = Included in base user subscription right

*     = May purchase additional

***   = Additional fee applies if Enterprise version was active for customer prior to this feature's general release

**** = Customer acknowledges and agrees that ordering an Integration constitutes Customer’s express permission to Cvent to share Customer’s event information and other integration data with the applicable third-party Integration provider.

Event Management Product: Usage Contacts, Emails and Storage

You may hold up to 100,000 contacts in the Cvent System at any given point in time. Additional contacts may be stored for USD 0.25 or equivalent local currency per contact per year. You may send up to 500,000 emails per year.   Additional emails may be sent for USD 0.05 or equivalent local currency per email.   Emails that do not include a link to a Cvent event registration process (e.g., email newsletters) may not be sent.

Term and Termination

The Term of this subscription shall be fourteen (14) days from the date of activation (“Trial Period”).  If you wish to continue to use the Services beyond the Trial Period, you shall execute an Order Form with Cvent.  Notwithstanding anything stated in the Terms of Use, either Party may terminate the Trial Period at any time, with or without notice, upon written notice.

 

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