Organiser Terms and Conditions

The following Client Terms and Conditions (“Terms”) apply to all EventPlus clients.

These Terms and Conditions set out the terms under which EventPlus services (the "Services") are provided to you by (Pronet Innovations Ltd (“Pronet”)) trading as EventPlus, whose registered office is at PO Box 313005, Parakai, Helensville, Auckland, New Zealand through the eventplus.co.nz delivery point and other delivery points providing EventPlus solutions.

Pronet reserve the right at any time to:

  • Update these Terms;

  • Update, eliminate or discontinue the EventPlus solution(s);

Any changes made will be effective immediately upon notice. Pronet will advise the Client of terms and conditions changes via email. The Client use of the Services after such notice will be deemed acceptance of the changes. Be sure to review these Terms periodically to ensure familiarity with the most current version.

Terminology

Terminology is referenced in these terms and conditions:

EventPlus is a trading entity of Pronet Innovations Ltd (Pronet).

Terms:

Terms and Conditions for EventPlus clients

Service Provider:

Pronet Innovations Ltd t/a EventPlus

Client:

(Event Organisation)

An organisation whom Pronet have an active agreement with to provide EventPlus solutions.

Client:

(Event Delegate)

A delegate either within the Event Organisation or an external party who has delegation to make decisions on behalf of the organisation.

Solutions :

Functionality offered by EventPlus, as identified by EventPlus branding either on the Event Website footer or another part of the application or other delivery point.

Content :

The content on the event websites which is owned and managed by the EventPlus client.

Site Visitor :

Any person visiting an EventPlus event website or using EventPlus Solutions.

Entrant :

Any person who has provided EventPlus with some profile details and has an active login & EventPlus profile.

Profile Data :

An Entrant’s profile details.

Event Entry Data:

An Entrant’s data which is gathered by the event organiser for the purposes of participating in an event.

Event Entry :

An “Entrant” entering a “Client’s” event via the EventPlus Event Entry solution.

Operational :

The state following completion of acceptance testing deemed to be accepted by the “Client”

Intention of EventPlus

EventPlus is an online event management solution providing event management solutions to event organisers; such as online event registration, online shop, communications facilities, and mobile friendly website.

EventPlus provides a central secure database of entrant’s “profile” information, which they can login and change when registering for an event using EventPlus solutions.

Event Organisers can only see profile data of entrant who have have signed up to or expressed in one of their events, by logging in on their entry form.

Event Organisers cannot see information about any other events entrants have signed up for.

Profile changes are updated real time to every organiser who has visibility of that profile.

It is important for organisers to extract data at the point in time of the event as profile data is dynamic and may change subsequently from the time of the event.

Once an “Event Registration” has taken place, the interactions in relation to this Event Registration are between the Entrant (event participant) and the Client (Event Organiser).

EventPlus provides the features to facilitate the Event Registration and takes no responsibility for the event, payment, or delivery of good and services.

The Client (Event Organiser / Director) managers the relationship between the Event Entrant and the events associated with The Client.

Refer to the Entrant privacy policy for more information.

Solutions

EventPlus will provide support to the level specified in the Client Agreement.

Service Defects will be corrected as outlined in the Client Agreement, provided the client has followed the instructions outlined by EventPlus.

Support and enhancements: Are provided to the client as specified in their Client Agreement. EventPlus reserves the right to charge for support and enhancements not covered explicitly by the Client Agreement. Any additional charges will be explicitly signed off with the client before work commences except where charges can be directly attributed to client actions.

EventPlus operates under a policy of constant improvement. Changes & upgrades will occur with the Services.

EventPlus will provide the client with a minimum of 3 days notice of changes – unless a priority change is required to correct a defect.

The Client will have usernames and passwords to gain access to their EventPlus Services, of which they are responsible for keeping safe, logging out when not in use and not sharing with others. EventPlus may deactivate a client’s permissions if they suspect that the Client Agreement and/or Terms and Conditions are being breached.

Availability of the Service

EventPlus software is built on an enterprise quality platform with an established availability of 99.95%. However EventPlus is not able to guarantee that access to the Services will be continuous or fault-free as internet service provision can be subject to many circumstances beyond our control.

Clients are invited to consult with their underwriters for event indemnity, including data loss liability.

We may modify or cease operating the Service or any subset of the Services at any time without notice.

Proprietary Rights

The contents and software of the EventPlus services are copyright (c) 2013 Pronet Innovations Ltd.

The client is permitted to use the Services subscribed to in the Client Agreement. The Services are non-transferable to other parties not included in the Client Agreement.

The Client can take copies of their own content and event data.

The Client may not use nor permit the use of any retrieval device, information mining or scraping software or other means of electronically copying the EventPlus service(s). Failure to observe these term of use could result in your IP address being blocked and your entrant user account frozen. The Client must not or permit others to reverse engineer, decompile, copy or repurpose any parts of the EventPlus Services. Replicating any EventPlus features, layout or code is prohibited.

Conditions of Use

The Client must satisfactorily complete acceptance testing of the EventPlus solutions before any operational use of any service. Acceptance testing will be considered as satisfactorily completed if more than 14 days pass after notification from Pronet that the site is ready for acceptance.

Any use of EventPlus solutions by anyone apart from those specified in the client agreement may attract additional charges.

Email messaging service

Clients may send bulk email only to addresses where explicit consent to marketing / operational messages has been established. Onus of proof that consent exists is a legal requirement in New Zealand.

Messages passing through Pronet facilities must comply fully with the terms set out in the Unsolicited Electronic Messages Act 2007

Mailing lists must be free from hard bounces (permanently failing email addresses) before being used in EventPlus. Misoperation of EventPlus messaging solutions may become chargeable.

Email attachments must not exceed 2Meg.

Liability

Pronet offers low cost effective event management solutions in good faith with the intention of promoting quality events. In order to provide high quality service at a very reasonable cost. Pronet is unable to take liability for operational, physical, emotional or legal impact arising from the use of Pronet services. Event organizers should arrange whatever data, operational or public indemnity coverage they consider necessary

Pronet or the directors or representatives are not liable or have to pay for anything caused by or resulting from your use of the Services. This exclusion applies whatever is being claimed for and however liability arises or might arise if it were not for this clause.

PRONET PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH PRONET OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICES. PRONET SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FIT FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. PRONET DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

LIMITATION OF LIABILITY.

IN NO EVENT WILL PRONET BE LIABLE (i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF PRONET OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PRONET FOR THE SERVICE DURING THE TERM OF AGREEMENT.

In addition, Pronet disclaims all liability, regardless of the form of action, for the acts or omissions of other Clients, Entrants or users (including unauthorised users, or "hackers") of the Service.

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

New Zealand law applies

All Services are provided under New Zealand law. You may take action against us only in a New Zealand court. This applies whether you are using the Services in New Zealand or Internationally.

This Agreement set out in these Terms & Conditions, is governed by the laws of NZ and submissions to the non-exclusive jurisdiction of the NZ Courts in the event of any dispute regarding these Terms or the Services or any matter related thereto.

Force Majeure

No failure or omission by any party to carry out or observe any of the terms or conditions of this agreement including the obligation to pay money shall except as herein expressly provided to the contrary give rise to any claim against the party in question or be deemed a breach of this agreement if such failure or omission arises from any cause reasonably beyond the control of such party.

General Provisions

These terms and conditions accepted by you for this service, together with the Client Agreement contain the entire agreement between you and Pronet regarding the Services. Unless otherwise explicitly stated, the Terms will survive termination of your Agreement. This agreement may terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of Pronet. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Client Payment

The Client is billed monthly for the EventPlus services unless some other arrangement overrides this in the Client Agreement. The Client must pay no later than the 20th of the month following the date of the invoice.

Invoices will be issued in the currency specified in the Client Agreement.

After two notices of non payment followed by a call, EventPlus service may be constrained or terminated.

Clients are responsible for arranging their own GST and other taxes for revenue collected via the EventPlus Services.

Agreement Termination

Request to terminate a Client Agreement earlier than the agreement end date should be made in writing to EventPlus, clearly stating the reason for requesting early termination. A termination penalty payment may apply

Privacy

Information regarding the agreement between the Client and EventPlus should be kept confidential between both parties. EventPlus does not disclose Client information to any other party outside of our support team. All Support Team Members sign a non-disclosure agreement.

Contacting Us

If you have any questions, concerns or complaints in relation to the Services or these General Terms and Conditions of Use, please contact us at info@eventplus.co.nz.

VERSION 2.1 / 14.10.2013