Effective Date: May 10th 2020
The following (together with the documents referred to herein) are the terms and conditions on which we will supply you with products (Products) and/or services (Services). Please read these documents carefully before ordering any Products or Services from us. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.
Please understand that if you refuse to accept these terms and conditions, you should not order any Products or Services.
1. Information About Evvnt
1.1 Evvnt Inc. registered in Delaware with registered address as PO Box 1004 Evvnt Inc, Austin, TX 78767
1.2 Evvnt Limited (the Company/ we), which is registered in England and Wales under company number 8062041 and with our registered office at 3a Lower James St, Soho, London W1F 9EQ, United Kingdom.
1.3 Evvnt Inc. registered in Delaware with registered address as PO Box 1004 Evvnt Inc, Austin, TX 78767
1.4 Our website is at www.evvnt.com.
2. Eligibility – Your Status
By placing an order with us, you warrant that:
2.1 Age Requirement; Reservation of Rights: You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Services. Evvnt may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
2.2 Compliance with Laws: You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
2.3 Information: You will provide us with the information we need to supply the Products and/or Services and ensure that such information is accurate in all material respects; and
2.4 Authority: If you are registering with Evvnt on behalf of an entity, or on behalf of a third party (e.g., if you are a manager or an agent) you represent and warrant that you have full authority to bind that entity to these Terms of Service.
3. Registration: How an order is placed and a contract is formed between us.
3.1 Self service: your Evvnt package online via evvnt.com, payment and package details will be confirmed at checkout, By purchasing online are agreeing to the Terms and Conditions as detailed on the evvnt.com site.
3.1.1 Direct Sales: You will have an initial consultation with us by telephone or in person in which we will discuss with you your goals and what Products and/or Services you would like to buy to help to achieve those goals. Alternatively you have the option to
3.2. Self Service: By creating an account serves as the contract between us (Contract) to supply products (Products) and/or services (Services). In order to use the Services, you must register with Evvnt (thereby becoming a “Registered User” and creating an “Account”). You must provide accurate and complete information and keep your account information updated.
3.2.2 Direct Sales: We will then send you a confirmation email setting out the details of the order you would like to place with us and incorporating these Terms of Sale (Confirmation). The contract between us (Contract) will only be formed when you accept the Confirmation and the Terms of Sale by replying ‘I AGREE’. Alternatively. Part of the initial consultation process is to inform us of any specific preferences you might have. We will not supply customers with Products or Services if we believe that the event is not suited to our Services or Products or that they will be ineffective. Part of the initial consultation process is to inform us of any specific preferences you might have. We will not supply customers with Products or Services if we believe that the event is not suited to our Services or Products or that they will be ineffective.
3.3 Restrictions: You shall not i. select or use as a username a name of another person with the intent to impersonate that person; ii. use as a username a name subject to any rights of a person other than you without appropriate authorization; or iii. use as a username a name that is otherwise offensive, vulgar or obscene.
3.4 Account Security: You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
3.5 Rebooking: You can reorder or change your order when rebooking online via the packages page. Following your initial order, you may renew orders for Products and/or Services by contacting us (the minimum per order being one event). You may also change your order upon such renewal, for example, to include new events and/or venues. With your initial order and if your account is authorized a Premium+ package will be added to your account allowing you to submit events over and above your package at the agreed cost per event rate. Premium+ does not replace your package but allows you to submit events at your agreed rate until you choose a new package or renew your order.
3.6 No Use without Permission: You may never use another person’s Account or registration information for Evvnt without permission.
4. Processing of Personal Data
5. Price, Payment, Fees & Billing – Payment Methods & Processing
5.1. Payment: for all Products and Services must be by credit or debit card as follows:
5.2 Payment Processors. Evvnt uses Stripe, Inc. (“Stripe”) (each, a “Payment Processor”) for payment processing and direct bank to bank payments.
5.3 For one-off orders for singles or bundles: we will take payment at the point of purchase.
5.4 For subscription services: you can opt for 1 month rolling online to 12 months contract, which will be automatically extended for further periods of one month until you terminate it by giving us at least 30 days advance written notice. We will take payment for the first month of the subscription service after the Contract is signed. Thereafter, we will take payment each month in advance on the day each month falling on the same day as the date the Contract commenced or the next business day where that day is not a business day.
5.5 Tax & VAT: Product and Service prices exclude VAT and Tax unless specified.
5.6 Non Payment: If you do not pay us when payment is due, we may suspend the Services until payment of all arrears is made. If money is outstanding from you to us for more than 14 days then we may terminate this agreement without compensation to you.
5.7 Notices: If you find that any Products or Services are unacceptable then you must inform us as soon as possible and give us the opportunity to inspect the service report. If, at our discretion, we find that the Product or Service delivered is not consistent with our usual high standards we will refund the cost of such unsatisfactory Product or Service to you. We will not be responsible for any Product or Service that fails due to factors outside our control.
5.8 Fees Subject to Change: Evvnt reserves the right to change any fee that may be charged by Evvnt at any time, at the sole discretion of Evvnt and upon reasonable notice posted in advance on the Site or otherwise through the Services. No refunds of fees already paid will be given. If Evvnt exercises its right to cancel an Account as provided under these Terms of Service, at any time, we will not refund fees already paid for services rendered.
5.9 Chargebacks & Reversals: If you have elected to use the Evvnt’s payment service, any credit card chargebacks or other transaction reversals initiated against Evvnt or its affiliates for any reason with respect to your event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by Evvnt or its affiliates in connection with such chargebacks shall ultimately be the responsibility of you, and you acknowledge and agree to promptly and fully reimburse and indemnify (including payment for costs, expenses and reasonable attorneys’ fees) Evvnt for any such amounts on demand.
5.10 Publisher Payments: Payments due to publishers will be paid directly to publishers via bank transfer.
5.11 Authorized Payments are Final. Your use of the Evvnt services constitutes your agreement to pay for any amounts that you authorize us to charge against your credit card, bank account. Such payments, once authorized, are final.
5.12 Currency. The payment services operate in U.S. Dollars USD, Pound Sterling GBP, Canadian Dollars CAD and Euros EUR.
Questions, comments and requests regarding payment should be addresses: firstname.lastname@example.org.
6. Cancellation Rights – Refund Policy
6.1. You will not have any right to cancel an order once you have entered into the Contract. We will not issue any refunds to you once you have signed the Contract.
7. Availability and Delivery
7.1 Our goal is to deliver our Products and Services on-time i.e. marketing your event in enough time to deliver value. Unfortunately, factors such as third party listing sites, editorial teams and technical complications occasionally prevent us from achieving this. We cannot accept liability for poor performance due to conditions beyond our control.
7.2 We advise that you supply the details of an event to us with a minimum of 2 weeks prior to the event date.
7.3 Use License: Subject to these Terms of Service, Evvnt grants each Registered User of the Services a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use the Content solely in connection with that Registered User’s use of the Services under these Terms of Service. Use, reproduction, modification, distribution or storage of any Content for any purpose other than use in the course of using the Services consistent with these Terms of Service is expressly prohibited without prior written permission from Evvnt. You shall not sell, license, rent, or otherwise use or exploit any Content that you do not own for commercial use or in any way that violates any third party right.
8.1 If you have purchased a single package your Contract Term defines the length of time you have access to your Evvnt account to submit and access reporting on your events.
8.2 If you have a Contract with us for a subscription service, you may terminate the Contract by giving not less than 30 days notice at the end of your contract either in writing or by using the ‘Cancel Account’ on your package.
8.3 We may terminate the Contract by going to your account settings and clicking ‘Cancel Account’.
8.4. On termination of the Contract, for whatever reason, you will immediately pay us any and all outstanding monies you owe us.
9.1 We warrant to you that any Product and/or Service purchased from us will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10. Our Liability
10.1 Our liability for failing to deliver Products or Services of satisfactory quality or otherwise in breach of this contract is limited to the price of those Products or Services. We are not responsible for any indirect or consequential losses, loss of profit, loss of business opportunity or loss of goodwill.
10.2 This does not include or limit in any way our liability:
10.3 For death or personal injury caused by our negligence;
10.4 Under section 2(3) of the Consumer Protection Act 1987;
10.5 For fraud or fraudulent misrepresentation; or
10.6 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
IN NO EVENT SHALL EVVNT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Events outside of our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
11.2 We will submit your event in the appropriate format and by appropriate means to various targeted event listing sites. However, we do not own or control these sites and we cannot guarantee the event will go live on these sites.
11.3 The third party event listing sites which publish your events will endeavor to rank your event in third party search engines (such as Google). We do not own or control these search engines and we cannot guarantee the event will be seen in natural search.
12. Written Communications
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Intellectual Property
13.1 You acknowledge that all Intellectual Property Rights (i.e. patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in goodwill, design rights, rights in computer software, database rights, topography rights, moral rights, rights in confidential information, including know-how and trade secrets, and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world) in or arising out of or in connection with the Products and/or Services belong to us.
13.2 You also acknowledge that the use of any third party Intellectual Property Rights in the Products and Services may be conditional on us obtaining a licence from the relevant third party.
14. Notices & Communications
14.1. All notices given by you to us must be given in writing to evvnt.com at email@example.com or to Evvnt Inc, PO Box 1004 Evvnt Inc, Austin, TX 78767 or Evvnt Limited, 3a Lower James St, Soho, London W1F 9EQ, United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.1 These terms and conditions together with the documents referred to herein represent the entire agreement between us.
15.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
15.3 We have the right to revise and amend these terms and conditions from time to time.
15.4 You will be subject to the policies and terms and conditions in force at the time that you order Products or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within three working days of receipt by you of such notification).
15.5 Contracts for the purchase of Products or Services and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales. Evvnt Inc will be governed by the state of Delaware.
16. Event Report
16.1 Each event submission is sent a report which includes a minimum of 1 publisher,
16.2 Premium event reports range in the number of event listing sites based on the availability of sites based on category and location, in some cases we may restrict sites based on the rate paid for the service.
Please contact Company’s Designated Agent: firstname.lastname@example.org
REF: Terms & Conditions
PO Box 1004
Austin, TX 78767