Terms of Service | EventZen Corp

Last update: October 27, 2019

Notice: It is the client’s responsibility to review the Terms of Service on a regular basis, not only for updates, but also to be familiar with their rights and responsibilities.

1. INTRODUCTION.

The following terms of service constitute a contract (“Contract”) between EventZen Events Inc. (“EventZen” and/or “US” and/or “WE”) and all signatories of proposals set forth by EventZen (“CLIENT” and/or “YOU”) concerning services to be provided by EventZen and any other related products or services (“Service” or “Services”).

BY USING EventZen’s SERVICES, YOU DECLARE THAT YOU ARE OF LEGAL AGE TO PARTICIPATE IN THIS CONTRACT AND THAT YOU HAVE READ AND UNDERSTOOD, IN ITS ENTIRETY, THE TERMS OF SERVICE LISTED IN THIS DOCUMENT.

2. ENGAGEMENT.

CLIENT has agreed to engage EventZen to perform pre-registration, registration, and show management and consulting services as described in the present proposal (“Proposal”).

The Proposal will indicate the number of events or years the Contract will cover.

The project(s) assigned to EventZen is subject to the terms and conditions contained in the present Agreement and Schedule.

3. EVENT.

CLIENT’s tradeshow or conference shall be referred to as the Event in this Agreement and associated Proposal. The CLIENT warrants that it legally has the right to represent and put on this Event under the terms of an agreement between the CLIENT and the rightful Event owner.

The CLIENT further represents that any and all activity associated with the Event is legal, and that by EventZen associating themselves with the CLIENT, EventZen is not aiding and abetting any illegal activities.

Both the CLIENT and EventZen agree to inform each other and the Event owner of any wrongdoing or illegal activity if found out during the course of the Event.

4. MULTIPLE EVENTS.

Should this Agreement represent multiple events awarded to EventZen by the CLIENT each EVENT will be clearly identified. The final pricing and commitments by both EventZen and the CLIENT will be defined in the Proposal.

In the eventuality that the CLIENT has awarded to EventZen multiple Events that cannot or are not delivered to EventZen within the terms of this Contract, the CLIENT will be considered in default, and as such will forfeit any cost savings benefited by the CLIENT. EventZen will then invoice the CLIENT for the balance of the cost savings already given to the CLIENT in any previous invoices covered by the terms of this Contract and the Proposal. These invoices will be due upon receipt.

5. REQUIREMENTS & SERVICES.

The CLIENT agrees to provide EventZen with a statement of work, in writing, and all other supporting documentation needed to start the project, in addition to a deposit as specified in the Proposal, before EventZen begins work on the project.

6. EXCLUSIVITY.

The CLIENT agrees to exclusively use EventZen for all aspects of the solution described in the Proposal(s). The solution provided by EventZen as described in the Proposal must be delivered by EventZen. Should the CLIENT require any other registration, reporting, show coordination, or data management solutions the CLIENT agrees to request such work from EventZen.

7. CONTACTS.

The CLIENT has arranged for EventZen to directly speak to the venue contact to make arrangements for EventZen’s arrival, solution setup, and solution removal.

The CLIENT warrants that they have provided EventZen with sufficient contact information for all contacts. If the client has not provided EventZen with direct contact information for all people, the CLIENT must do so on or by sixty (60) calendar days before the Event.

8. CREDIT CARD PROCESSING & HOLD BACKS.

The CLIENT acknowledges and agrees that EventZen retains the right to hold 100% of funds collected, if processing through EventZen’s processor, until the first day of the Event. EventZen must ensure to registrants that the Event will occur with 100% certitude, or be able to refund all paid registrants in full if it does not occur. EventZen further reserves the right to hold back up to 20% of all transactions for sixty (60) to ninety (90) calendar days after the Event concludes to cover any potential returns or charge backs. The exact period will be determined depending on the number of charge-backs received in the first sixty (60) calendar days after the conclusion of the event. EventZen shall then release the 20% hold back to the CLIENT less any contestations, refunds, and/or additional credit card processing fees that may have been incurred during that period.

The CLIENT further acknowledges and agrees that transaction fee rates charged by EventZen are charged against the total gross amount charged through the credit card processor, and not per credit card number or per transaction.

EventZen will provide to the CLIENT with a report detailing any monies removed from the 20% hold back for the disbursements made during a particular period. Similar collection reports shall be delivered to the client with the remaining 80%.

Funds will be distributed to unpaid invoices prior to being distributed to the CLIENT.

As a preventative measure against fraud, EventZen reserves the right to block payments originating from certain countries until further review has been made on a case by case basis. EventZen also reserves the right to refund any transaction that it suspects to be fraudulent.

9. SECURITY.

The CLIENT is further responsible for ensuring the security of all components of the solution delivered to the CLIENT for the duration of the Event. This includes provision of 24 hour security personnel, surveillance of the installed EventZen solution, and the safety of EventZen provided staff.

The CLIENT is responsible for the replacement of all equipment that is stolen or damaged by anyone passing through the CLIENT’s Event venue space during the period defined by the Proposal and this Contract, not directly related to EventZen or EventZen’s direct representatives. The CLIENT is further responsible for the loss of data, data integrity, EventZen proprietary systems, and EventZen intellectual property during the period defined in this section.

In the eventuality that hardware, software, equipment, EventZen proprietary systems, or EventZen intellectual property is stolen or damaged as described above, the CLIENT will be served an invoice for the replacement cost of said items. This invoice is due upon receipt.

10. TRANSPORTATION OF EQUIPMENT.

EventZen shall arrange the transportation of their equipment to the venue location at the cost of the CLIENT. EventZen shall endeavour to have the lowest price for quality service available for transportation. EventZen shall present the CLIENT to locate similar or better transportation services of their choosing; however EventZen reserves the right to approve said transportation company.

In the eventuality that the CLIENT chooses to locate similar or better transportation service they must provide EventZen with all transportation information on or by twenty (20) business days before the Setup Date.

EventZen prefers to directly interface with the CLIENT’s transportation company.

11. TRAVEL & ASSOCIATED EXPENSES.

EventZen shall arrange the transportation of their personnel to and from the venue location at their own cost for shows within the city of Montreal.

EventZen shall arrange the travel & accommodations for their personnel to and from the venue location for shows outside of Montreal; however the CLIENT shall be responsible for the payment of travel, accommodations and meal expenses incurred during the event and include travel dates.

Alternatively, the CLIENT can provide travel, accommodation and meals, if they feel they can obtain better rates. The provided travel, accommodation and meals cannot be inferior to that which EventZen personnel are accustomed to on a regular daily basis.

If the Proposal and/or Contract specifically state conditions to travel, accommodation and meals which contradict this clause, the Proposal and/or Contract overrules this clause.

12. ELECTRICITY.

The CLIENT must provide electrical power for the entire duration of the Event, and EventZen must be able to power their equipment from Setup Date to Tear-Down Date. The electrical requirement is detailed in the associated Proposal to this Contract.

Failure to meet the electrical requirements as detailed it the associated Proposal will result in EventZen’s inability to deliver the required Solution to the CLIENT. Failure to provide adequate Electricity to support EventZen’s required Solution will result in EventZen’s inability to deliver any aspect of this Contract and associated Proposal on time and on schedule.

13. INTERNET ACCESS & BANDWIDTH.

The CLIENT shall be responsible for providing Internet access for all aspects of the registration area regardless of how many locations or stations for the entire period from Setup Date to Tear-Down Date.

Failure to arrange or provide sufficient Internet Access and Bandwidth to EventZen for the entire period above will nullify any service level guarantees from EventZen; may result in delays and shortcomings with all aspects of the Event; and the CLIENT will be fined an additional $750 per day due to EventZen on or by the Setup Date. Failure to remit said fine before the Setup Date will result in EventZen’s inability to deliver any aspect of this Contract and associated Proposal on time and on schedule.

14. SOLUTION.

EventZen provides, to the best of their ability, a Solution to meet the CLIENT’s needs as defined in the Proposal. This solution can be made up of software, tools, utilities, applications, hardware, and personnel. The Solution being delivered to the CLIENT may further be made up of components that are proprietary, owned, leased or on loan to EventZen. Any component of the solution delivered to the CLIENT is done so as a onetime only as defined under this Contract, and ownership, licenses, intellectual property and knowhow of all components of the solution remain with the original component owner. No aspect of the solution may be replicated, recorded, observed, or changed without the expressed written permission of EventZen.

15. DATA & DATA PROCESSING.

The CLIENT agrees to provide each language version of all documentation for the project in either Microsoft WORD, or plain text format for any textual content destined for the CLIENT’s online registration web-sites.

The CLIENT agrees to provide all data required to be preloaded into the EventZen system in the EventZen provided Microsoft Excel workbook, in plain text format.

(The CLIENT warrants that the CLIENT has the legal right to use all data and all documentation they provide to EventZen.)

Failure to provide EventZen with data in the correct formats will require data processing time by EventZen that may delay any dates defined in this Contract. Further, any data processing required to be performed by EventZen will be tracked and invoiced to the CLIENT at an hourly rate of $95.

The CLIENT agrees to check their documents for spelling, accents and grammar before submitting them to EventZen for use. Any corrections, typing, or translation to be done by EventZen will be tracked and charged to the CLIENT at an hourly rate of $95.

16. STANDARD REPORTS, CUSTOM REPORTS & REPORTING.

As part of its Solution EventZen will provide to the CLIENT, at no additional charge, the following reports:
a) Standard Daily Registration Report deliverable at the end of the day.
b) Standard Daily Attendance Report deliverable at the end of the day.
c) Standard Event Reports deliverable the next show day by end of day.
d) Excel format list of all registration data collected deliverable 72 hours post Event.
e) Standard report on all monies collected deliverable at the end of the day.

The CLIENT understands that any reports other than those listed above shall be considered Custom Reports to be delivered after the Event is completed. All custom reports are invoiced at $95 / hour per report to the CLIENT upon delivery of the Event.

The CLIENT further understands that all custom reports must be requested either twenty-one (21) days before the Setup Date, or anytime after the Tear-Down Date, otherwise custom report requests may be subject to Additional Work or Rush Work fees as described in this Agreement.

Should the CLIENT require Reports (Standard and Custom) to be delivered at any time other than listed above, the CLIENT agrees to pay additional fees for their Reports, based upon the delivery schedule.

17. BILLABLE HOURS.

The CLIENT agrees and understands that staff provided by EventZen shall be billed at a minimum amount of time per scheduled day as follows:
a) Event Coordinator (minimum 12 hours)
b) Event Assistant Coordinator (minimum 12 hours)
c) Data Entry Agents (minimum 5 hours)
d) Scan staff (minimum 5 hours)
e) Other staff (minimum 5 hours)
f) Registration Service Agent (minimum 5 hours)
g) Cashier (minimum 5 hours)

The CLIENT further understands and agrees that closing out the Event day (report generation, balancing of cash registers, etc…) and preparation of the Event for the next day (scanner preparation, clean up, badge preparation, pre-printing, etc…) are all considered to be Billable Hours each day,

EventZen demands that their staff be on-site at least 30 minutes before each shift to prepare for work. The CLIENT acknowledges and understands that EventZen will bill for this preparation time.
e.g. The Data Entry person is required to be at their station receiving attendees at 7:00AM. EventZen requires that this person be on-site to prepare at 6:30AM. EventZen will bill the CLIENT from 6:30AM until the end of that person’s shift.

18. CONFIDENTIALITY.

EventZen will regard any and all statistical reporting provided by EventZen’s services to the CLIENT as confidential, and the exclusive property of the CLIENT. Upon the CLIENT’s request EventZen will destroy all statistical information gathered for the CLIENT. Proof of said destruction will be provided in the form of an official letter, on EventZen letterhead, signed with the corporate seal. Confidential information shall be delivered only to the CLIENT’s designated representative. The CLIENT will regard all aspects of the Solution delivered by EventZen as confidential, and will not disclose any information about the Solution to anyone without the expressed written permission of EventZen.

EventZen acknowledges that the information that is provided by the CLIENT is treated on a confidential basis and shall always remain in the exclusive property of the CLIENT, or its representatives. As such, EventZen, as well as its administrators, representatives and assigns, shall not disclose, use, dispose of, copy, publish, circulate, or communicate any confidential information belonging to the CLIENT, during and after the term of this Contract without the written consent of the CLIENT, unless this information is already known to the general public, with exception to mention in EventZen’s client portfolio.

19. CUSTOMIZATION & OWNERSHIP & CHANGES.

The CLIENT acknowledges all rights and ownership of custom designs; development, adaptations and modifications of the EventZen proprietary systems, EventZen proprietary information, and EventZen intellectual property software are the exclusive property of EventZen.

EventZen grants a single use show license for the duration of the show as defined above to the CLIENT to use original and custom EventZen visual designs, and adaptations in publicly and privately accessible web sites as is necessary for the promotion of their on-line registration service in association with the Event. The software delivered with the Solution can only be used for the expressed purposes for which it has been designed, and no other.

Upon completion of the project, or on demand, EventZen agrees to return to the CLIENT all documents, material and equipment that were loaned to EventZen by the CLIENT, for the execution of this project, if requested by the CLIENT.

For customized work the CLIENT will be given ample opportunity to review, approve, and request changes. Within this Contract the CLIENT will be allowed a maximum of two (2) rounds of changes up to thirty (30) calendar days before the Setup Date. The CLIENT must return any changes in a timely manner to EventZen for integration into any custom developed solution.

20. FEES & PAYMENT.

Fees to be paid to EventZen for the services performed for the CLIENT are contained in the Proposal. All fees must be paid by the required date and time otherwise EventZen will stop all work on the Event. EventZen requires that 85% of all fees and all penalties and other outstanding balances be paid before the Setup Date. The balance and incidental invoices will be delivered to the CLIENT within 2 week from the end of the Event and due 30 days from the date of receipt.

Payments made by check which “bounce” or are “returned”, whether due to insufficient funds or requested by CLIENT or other reason, will remain due on the original invoice due date. Furthermore, CLIENT will be subject to an administrative fee invoice of $100 or 10%, whichever is greater.

Payments via credit or debit card which are charged back to EventZen (funds removed from EventZen), whether due to insufficient funds or requested by CLIENT or other reason, will remain due on the original invoice due date. Furthermore, CLIENT will be subject to an administrative fee invoice of $100 or 10%, whichever is greater.

Should a CLIENT fail to make their payments on time, they must immediately contact EventZen to rectify the situation, whether it be payment in full or negotiate payment terms which may include interest fees. A CLIENT who fails to rectify the situation puts themselves in DEFAULT. When in DEFAULT, EventZen retains all rights & ownership of all work, including but not limited to: all data and statistics accumulated for the CLIENT, Intellectual property developed for the CLIENT, equipment purchased for the CLIENT, monies collected on behalf of the CLIENT, as well as any other work produced for the CLIENT.

21. CHANGES & CHANGE REQUESTS.

The CLIENT may modify the amount of equipment needed at their event without penalty up to a 25% more or 25% less than quoted in the Proposal up to but not after thirty (30) calendar days before the Setup Date. Inclusive from the 30th day before the Setup Date the CLIENT changes and change requests will be subject to premium fees as follows:

30 – 5 calendar days before Setup Date Change Fee: 125% of regular fees.
4 – 1 calendar day(s) before Setup Date Change Fee: 200% of regular fees.**
During Event Change Fee: 300% of regular fees.**
** If feasible.

All other Changes and Change Requests such as changes to the web registration, show date and time changes, etc, will be subject to the premium Additional Work and Rush Requests fees as listed below.

All Changes and Change Requests must be submitted to EventZen in writing with the understanding that additional charges may be levied for the change work. Any work produced by EventZen for the CLIENT must be approved by the CLIENT. The CLIENT may submit work delivered by EventZen for changes a maximum of two (2) times during the approval process, after which the CLIENT will be charged at an hourly rate of $95 / hour for changes.

22. ADDITIONAL WORK & RUSH WORK.

Any work required by the CLIENT that has not been specifically itemized in the Proposal will be considered additional work. Additional work must be requested in writing from the CLIENT with a clear set of requirements, and will be quoted by EventZen.

Rush work is considered to be any work, modifications or changes that has been requested within the thirty (30) calendar day period immediately before Setup Date. Rush work is subject to premium rush fees as follows:

30 – 16 calendar days before Setup Date Rush Fee: 125% of regular fees.
16 – 8 calendar days before Setup Date Rush Fee: 150% of regular fees.
7 – 6 calendar days before Setup Date Rush Fee: 200% of regular fees.
5 – 4 calendar days before Setup Date Rush Fee: 225% of regular fees.
3 – 1 calendar day(s) before Setup Date Rush Fee: 250% of regular fees.
During Event Rush Fee: 300% of regular fees.

All Rush requests will be invoiced on the day of request, and all Rush requests must be paid 100% in advance of delivery.

Regular fees are defined in their appropriate sections with this Contract and associated Proposal.

EventZen and the CLIENT both acknowledge that Rush requests may not be possible due to the shortened time-frame in which these requests may need to be delivered; as a result Rush requests are not guaranteed. In the eventuality that a Rush request cannot be completed the CLIENT agrees to hold harmless EventZen for any consequences or damages that may ensue as a result of the Rush request being incomplete.

23. AUTHORITIES FOR APPROVAL.

The CLIENT agrees to provide the appropriate list of personnel who have authority to render binding decisions on the CLIENT’s behalf, with their essential contact information. EventZen will contact only these Authorities for Approval of changes, documentation, designs, development, reports, and other elements pertinent to the solution being delivered to the CLIENT for the Event.

24. TERM & TERMINATION.

The CLIENT may terminate this Contract providing five (5) working days notice to EventZen in writing; in this instance the CLIENT must pay EventZen a cancellation fee, in addition to any monies past due. The client will be invoiced for a cancellation fee that is equivalent to 37.5 % of the total value of this project as defined in the associated Proposal.

EventZen may terminate the present Agreement on five (5) days notice in writing, for unreasonable stoppage on behalf of the CLIENT in the eventuality that work on the project stops for a period of fifteen (15) consecutive working days, at the fault of the CLIENT through inability or unwillingness to provide the necessary support, documentation, or payment to EventZen in a timely manner. In this instance the CLIENT will be invoiced for a cancellation fee that is equivalent to 37.5% of the total value of this project as defined in this Contract and associated Proposal.

EventZen may terminate the present Agreement without notice in the eventuality that the CLIENT becomes bankrupt or insolvent. Should this occur, monies already paid to EventZen are non-refundable.

The CLIENT may terminate the present Contract without notice in the eventuality that the EventZen becomes bankrupt or insolvent or presents unreasonable stoppage through inability to deliver the project as defined. Should this occur all work created for the CLIENT by EventZen becomes the sole property of the CLIENT.

The CLIENT must pay to EventZen any cancellation fees and any monies past due within thirty (30) days of receipt of a cancellation invoice.

The term of this Contract will be from the date of signing until two (2) months following the event.

25. PAYMENT MILESTONES.

The CLIENT is to make non-refundable payments to EventZen based on the payment schedule and value described in the Proposal:

The CLIENT understands and agrees that all applicable taxes shall be applied on invoices.

The CLIENT understands that failure to meet the payment milestones detailed above will result in EventZen’s inability to meet any deadlines outlined in the Contract, and attached Proposal.

26. LIABILITY. The CLIENT removes EventZen, as well as its administrators, representatives and assigns, from liability for all damages or penalties suffered by or imposed on the CLIENT due to or by third party intervention, or caused by the CLIENT, or by the CLIENT’s or its representative’s failure to respect the applicable laws and regulations, the imposed deadlines of the project, or failure to see the project to its full term, provided EventZen has been operating within the guidelines of the law.

27. GOVERNING LAW. This Agreement is governed by the laws of the Province of Quebec and the laws of Canada applicable therein.

For any concerns or questions, please contact EventZen at sales@eventzen.com or call us at 1-888-777-8613 ext. 1