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This agreement is between Reference Technology Limited of 1-3 The Pavilions, Amber Close, Tamworth, Staffordshire B77 4RP, UK (referred to in this document as RefTech) and a company, organisation or individual using our services in the role of an event organiser, a meeting planner, an exhibition organiser or one of the many variations on those titles. However, the user of RefTech's services are designated, they are referred to in this document as 'the customer'.
Also in this document, the phrase 'the services' means those services provided by RefTech, primarily for registering and badging individuals for attendance at a meeting, exhibition or other event, but accepting that those services might also be used for other purposes such as selling tickets for theatrical performances and other unidentified purposes. Additional services such as an exhibitor directory or a hosted buyer appointment system are also included in the terminology, as are further services that may be added in the future.
Within this document, the term 'Registrant' refers to any individual who is registered to attend an event using the services, regardless of how they are added to a specific event’s database and by whom they are added.
By registering to use the services, the customer agrees to be bound by the terms set out in this document.
Competitors of RefTech may not use the services without the prior, written consent of RefTech.
RefTech cannot guarantee that the service will meet an individual customer’s specific requirements or that the service will be uninterrupted, although all reasonable steps will be taken to ensure that interruptions, should they occur, will be kept to a minimum.
The data collected through the services remains the property of the customer. RefTech will not use the data for any purpose and will not pass data to any individual or organisation unless:
This means that the customer is the data owner within the meaning of European data protection legislation. RefTech is a data processor.
As a data processor, RefTech will make all reasonable efforts to protect the data, both physically and electronically. However, it is for the customer to protect passwords giving access to the services and, when downloading data from the services, it is the customer’s responsibility that such downloads are completed in accordance with the relevant legislation and that the data is protected.
RefTech will not monitor or in any way review customers’ gathering and retention of data. It is the customer’s responsibility to ensure that data retention policies comply with the relevant legislation.
If the customer wants to be able to process card payments for any purpose through the services, the customer will be responsible for:
It must be noted that RefTech does not take payments on behalf of customers: all payments will be made directly by the registrant to the customer. Additionally, RefTech cannot be involved in helping a customer to gain a merchant account. It follows that RefTech is not responsible for any refunds to registrants, even if the customer goes out of business. Should a registrant demand a chargeback through their card provider, that chargeback will be against the customer.
RefTech does not store any payment card details.
It is the customer's responsibility to ensure that all pricing information added to the system is accurate and to complete test purchases to ensure that the prices displayed are the prices the customer wishes to charge.
The service includes a tool enabling the customer to upload details of individuals to be invited to register for the customer’s event. It is the customer’s responsibility to ensure that such uploads are carried out in compliance with the relevant legislation, including, but not limited to, ensuring that all those individuals whose details are uploaded have agreed to receive marketing material if such agreement is necessary. It is important that the customer understands that, if a fine is imposed by the Information Commissioner’s Office, it will be the customer’s responsibility to pay that fine.
The email management tool within the service includes a number of features such as an unsubscribe link which must not be deleted.
RefTech does not check any data added to customers’ registration systems unless contracted to do so. Therefore it is the customer's responsibility to ensure that all content is correct. The customer is also responsible for ensuring that all material added to the service complies with relevant laws including, but not limited to, laws relating to intellectual property, privacy and publicity of third parties. The customer shall defend, indemnify and hold RefTech harmless from and against all claims, damages, liabilities, fines, costs and expenses including reasonable legal fees incurred by RefTech in defending any claim arising from a customer's failure to abide by any or all such relevant laws.
The intellectual property in the service, including the look and feel of the service, belongs exclusively to RefTech. The customer will not reverse engineer, disassemble or decompile the systems used to deliver the service nor will the customer permit any other person or organisation to reverse engineer, disassemble or decompile the systems.
RefTech will provide an agreed number of passwords for use by the customer’s own staff. Each password is to be used by only one person. Additional passwords can be provided if required. It is the customer’s responsibility to ensure that passwords are kept secure.
If a customer chooses to upgrade the level of service for which they are contracted, the revised fee will take effect from the end of the month in which the upgrade takes place. If a customer chooses to downgrade the level of service for which they are contracted, there will be no reduction in the fee charged for the month in which the downgrade takes place.
If the level of service is downgraded, any data held relating to the features from which the customer is unsubscribing may be lost. RefTech does not accept any liability for such loss.
The service is accessed by the Internet over a connection that the customer obtains and maintains at its own expense.
RefTech reserves the right, from time to time, to make changes to the service and, in doing so, will take all reasonable precautions to ensure continuation of the service.
If a customer chooses to cancel the service, whether by written notice or simply by ceasing to maintain payments due under the contract:
RefTech reserves the right to suspend or terminate any account at its sole discretion.
RefTech takes all possible steps, within reasonable commercial constraints, to ensure that the service is free of programming bugs and computer viruses. However, RefTech provides no warranties of any kind, express or implied, relating to the service.
In particular, RefTech will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages or losses, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of a customer’s use of the service, no matter how such damages or losses are incurred. RefTech’s liability shall be limited to the amount paid by any individual customer for access to the service.
Nor does RefTech accept any liability whatever for the failure of an event for which the service has been used, nor for the standards achieved by such an event.
