The Virtual Events Institute LLC
CERTIFICATION REGISTRANT TERMS OF BUSINESS (the "Terms")
Effective from: 28th July 2020
1 Process for entering into Contracts
1.1 By clicking “purchase” upon buying your certification place it is to purchase the Services from us on these Terms (an “Offer”). Our sending of a confirmation email and supplying Services and/or Deliverables, (which includes any necessary preparatory work), to you is acceptance of your Offer (“Acceptance”) and creates a binding “Contract”.
1.2 No other terms and conditions, (including, without limitation, your own terms, the pre-printed terms on the back of any PO, or those implied), will apply to the Contract unless we have agreed in writing.
2 Term and Termination
2.1 The Contract starts on the Start Date. The “Start Date” is the date of purchase of the certification course via The Virtual Events Institute website and will continue until completion of the services obtained.
2.2 The purchaser is entitled to terminate their contract with The Virtual Events Institute LLC within 7 days of the “start date”, so within 7 days of purchase. Within 7 days of the “start date” the purchaser is entitled to 100% refund. The Virtual Events Institute LLC is not entitled to terminate the contract after the “start date”. Neither party is entitled vary the Contract other than in accordance with these Terms.
2.3 A party may immediately terminate the Contract if the other party is subject to an Insolvency Event.
3 Our warranties
3.1 We warrant that:
3.1.1 we will use reasonable skill and care in providing the Services and Deliverables; 3.1.2 the Services and Deliverables will conform to any applicable industry standard; 3.1.3 the Services and Deliverables will comply with any applicable law;
4 Fees and Payment
4.1 Unless otherwise agreed in writing as part of the Contract, we may invoice you for Services and Deliverables in full and in advance.
4.2 You must pay each undisputed invoice:
4.2.1 by the date agreed in the Contract; or 4.2.2 if no such date has been agreed, within 30 days of the date of the invoice.
4.3 You are not entitled to set-off any amount we owe you against any amount you owe us.
4.4 A party may charge the other interest on any late payments. Interest accrues each day from the original due date for payment until the actual date the overdue amount is paid at a rate equal to the lesser of 1.0% per month and maximum rate permitted by applicable law.
4.5 You must reimburse us for any reasonable costs and expenses we incur in recovering any late payments from you. On your written request we will provide evidence of such costs and/or expenses.
4.6 We may suspend the provision of any Services or access to any Deliverables if you owe us anything.
4.7 On termination of the Contract anything you owe us in relation to the Contract will become due immediately. We may recover from you any costs we incur in collecting overdue monies from you.
5 Incorporation of Website Terms
6 Intellectual property
6.1 All Intellectual Property Rights in anything we supply are our property or the property of our third party licensors and will not transfer to you by Contract.
6.2 Any rights not expressly granted herein are reserved by us. To the extent that you acquire any right, title, or interest in or to any Virtual Events LLC Property (other than with respect to such limited license), you hereby assign and convey all such right, title and interest therein to us.
6.3 You agree that we may freely use any data which we learn, acquire, or obtain in connection with the performance of the Contract to improve the quality of our services and deliverables.
7 Delivery and your obligation to enable our performance
7.1 You must provide us with information, instructions, and materials as we require from time to time to enable us to perform the Contract.
7.2 You agree that to the extent that you cause failure or delay to our performance of any obligation under the Contract, we will not be in breach, nor liable to you for any related loss.
8 Confidentiality and data protection
8.1 Each party will ensure that it keeps the Confidential Information confidential and does not disclose it to any third party; and 13.1.2 only uses Confidential Information in relation to the Contract, unless otherwise permitted by these Terms.
8.2 All Confidential Information disclosed by a party or its Affiliates remains the property of the discloser. Each party must return or, if clearly instructed by the other party, destroy that received Confidential Information remaining in its or its Affiliates' possession or control, within thirty (30) days of written request from the other party. Confidential Information may be retained to the limited extent required as part of securely-held confidential records to be used only to determine and/or comply with legal obligations (including secure electronic backups of these records, which may only be used to replace the permitted records if lost or corrupted).
8.3 We will share data with VEI co-organisation event partners (where the event is run in conjunction with another company) in order to communicate upcoming events relevant to your legitimate areas of interest. In this instance co-organisation will be clearly stated.
9.1 The documents comprising the Contract (together with any documents referred to therein or required to be entered into thereunder) contain the entire agreement and understanding between the parties relating to the subject matter of the Contract and supersede all prior agreements, understandings or arrangements (both written and oral) relating to the subject matter of the Contract.
9.2 You represent and warrant that the person executing this Contract has the authority to bind you to the terms hereof. You will require any employee who accesses the Services or Deliverables to adhere to the relevant terms of the Contract.
9.3 The parties acknowledge and agree that our communication may be electronic, and that any communications sent electronically comply with any legal or contractual requirement that such communication be made in writing.
9.4 Where these Terms use the words ‘include’ and ‘including’, these are illustrative and not limiting.
9.5 The Contract will not create, nor will it be construed as creating, any partnership or agency relationship between the parties.
9.6 Each party will comply with all applicable laws and government regulations which apply to the Contract.
9.7 Nothing in the Contract will require either party to do or omit to do anything which would contravene any applicable laws or government regulations.
10 Law and Jurisdiction; Waiver of Jury Trial
EACH PARTY HERETO HEREBY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY DISPUTE, ACTION, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.1 In these Terms the following definitions apply:
Customer Materials means anything you provide to us to enable us to perform our obligations pursuant to the Contract
Deliverables means the deliverables described on the website
Insolvency Event means a situation where a party cannot pay its debts as they fall due, has a petition for winding up or an administration order presented against it or passes a resolution for winding up or calls any meeting of its creditors or proposes to make any arrangement with its creditors, has a receiver (administrative or otherwise) or an administrator appointed over all or any part of its business or assets, or goes into liquidation or any event having a similar effect to any of the foregoing applies to a party under the laws of any jurisdiction;
Intellectual Property Rights means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database 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 (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
SERVICE SPECIFIC TERMS
Training Course Attendance Module
When you register to attend a certified training course, the following additional terms will apply to the Contract.
We will supply specific information relevant to the training course at the time of booking (“Booking Information”) via our website, via the Event website or by any other reasonable means.
Tickets and booking
All tickets to a training course are subject to availability. All tickets must be paid for prior to the date of the course.
Tickets issued for use are valid for the named attendee only and cannot be transferred unless specified in the Booking Information.
You agree to being filmed, photographed, referenced and recorded for television, radio, webcast, social media and in any other medium, including written format and agree to waive any rights arising under the laws of any jurisdiction. You grant to us an irrevocable, worldwide, royalty-free licence to make such use of your name, voice, biography and likeness in any media and any recording, filming or photography of the training course as we reasonably require in connection with the advertising and promotion of the training course.
All rights in all presentations, documentation and materials published or otherwise made available as part of the training course (including but not limited to any audio or audio-visual recording of the Event) (“Content”) is owned by The Virtual Events Institute LLC or is included with the permission of the owner of the rights. No (i) photography, filming or recording; or (ii) republication, broadcast or other dissemination of the Content is permitted without our prior written approval. You must not distribute, reproduce, modify, store, transfer or in any other way use any of the Content (save that use by the relevant delegate for internal business purposes will be permitted), and in particular (but without limitation) you must not (and must procure that each of your delegates must not):
a) upload any Content into any shared system; b) include any Content in a database; c) include any Content in a website or on any intranet; d) transmit, re-circulate or otherwise make available any Content to anyone else; e) make any commercial use of the Content whatsoever; or f) use Content in any way that might infringe third party rights or that may bring us or any of our Affiliates into disrepute.
You acknowledge that the Content does not necessarily reflect our views or opinions. Please do not rely upon the Content in making or refraining from making any specific business decision or other decisions. We cannot accept any liability to you or anyone else for any losses of any nature resulting from any decision made or not made, or action taken or not taken, in reliance on the Content. This disclaimer statement is in addition to any disclaimer, limitation, waiver or exclusion contained within these Terms.
DISCLAIMER: INFORMATION CONTAINED IN THE CONTENT SHOULD NOT BE RELIED UPON AS ADVICE OR USED IN PLACE OF PROFESSIONAL OR OTHER ADVICE. WHILST WE TAKE REASONABLE CARE TO ENSURE THAT THE CONTENT CREATED BY US IS ACCURATE AND COMPLETE, SOME OF IT IS SUPPLIED BY THIRD PARTIES AND WE ARE UNABLE TO CHECK ITS ACCURACY OR COMPLETENESS. YOU SHOULD VERIFY THE ACCURACY OF ANY INFORMATION (WHETHER SUPPLIED BY US OR THIRD PARTIES) BEFORE RELYING ON IT. THE CONTENT IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED). WE HEREBY EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITIES, COSTS, CLAIMS, DAMAGES, LOSSES AND/OR EXPENSES ARISING FROM ANY INACCURACY OR OMISSION IN THE CONTENT OR ARISING FROM ANY INFRINGING, DEFAMATORY OR OTHERWISE UNLAWFUL MATERIAL IN THE CONTENT.
To the extent that any Content is made available by us online, we reserve the right to suspend or remove access to such Content at any time for any reason.
Changes to the Training
We reserve the right to (a) change the format, date, timing and/or content of a training course; or (b) cancel a training course, in each case at any time and will provide you with notice of the same as soon as is reasonably practicable. Where we change the format, date, timing, or content of a training course your place for that training course will be valid for the course as altered. You will not be entitled to a refund.
Where we cancel a training course we will provide you with a credit equal to the amount of the purchase price paid by you for your ticket, to be applied towards attending another Virtual Events Institute Training Course chosen at our sole discretion provided that should such Event take place more than 6 months after the date of the last day of the originally scheduled course you will be entitled to receive a refund of the purchase price paid by you for your ticket.
We are not responsible for goods or services which you may purchase from third parties.