Event Technology Consulting
Terms and Conditions
These terms and conditions set forth herein are for the performance of consulting services associated with the appointment of Jeannie Power (hereinafter known as “Owner”) of Power Event Group (Hereinafter known as “PEG”) as event technology consultant. Supplemental letter agreements associated with additional services rendered, or special event services added may amend these terms and conditions, and such amendments shall take precedence over these General Provisions to the extent there is any inconsistency or contradictory statement. It is agreed that PEG and Owner may use their standard business forms (such as purchase orders, acknowledgements, etc.) to administer the activities under this contract. The client is invited to request changes to these terms & conditions, and assumes the risk of failing to read or understand each individual item.
1. General: PEG shall perform professional services in connection with their appointment as event technology consultant. PEG will strive to perform services under the Agreement in a manner consistent with generally accepted principals of event consulting services, and consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality, under similar conditions, and at the same time. No other representation, expressed or implied, and no warranty or guarantee is included or intended.
2. Vendor Referrals: It’s the consultant’s duty by using standard business practice to assure that vendors referred to the client are reputable/reliable. The client acknowledges that all vendors accepted are independent contractors and are responsible for their own business practices. If a vendor cannot perform, or changes indicate the need, the consultant under this agreement will make an effort to find a satisfactory substitute as directed by the client or in the consultant’s best judgment. It is understood and agreed that the consultant shall in no way be held liable for any breach of this contract by the client, vendor or any agreement between client and vendor.
Additional Terms of Use may be introduced to correspond with any vendors being used. Any vendor product will be reviewed and approved by Client before it is implemented. The client acknowledges and agrees that the vendor product is provided as-is, without any guarantee, and is used at your own risk. Vendors have the right at any time to change or discontinue any aspect or feature of their product, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Any vendor product contains material which is owned by or licensed to PEG, and should not be copied by the client without obtaining permission from the authorized owner. Any data submitted to the vendor is subject to their policies.
3. Sub Consultants: PEG has the right to employ or retain such independent consultants, associates and subcontractors as it may deem appropriate to assist it in the performance of the service required. The fee for all consultants contracted directly by PEG shall be within an event budget approved by the client.
4. Third Party Beneficiaries: No benefits or rights are given to anyone other than the client and PEG, and all duties and responsibilities undertaken pursuant to the Letter of Agreement will be for the sole and exclusive benefit of client and PEG and not for the benefit of any other party.
5. Changes: Client must notify the consultant of ANY changes in a timely manner. Any changes made to the original agreement must be made in writing and signed by all parties.
6. Indemnification: Both parties shall indemnify and hold harmless each other from and against all damages, fines, judgments, claims, expenses (including, without limitation, reasonable attorneys’ fees and disbursements) or charges suffered, imposed, assessed or incurred in connection with any act or omission of either party or its employees or agents relating to this agreement .
7. Client Responsibility: Client shall make all provisions for the Consultant to enter upon public or private property, shall provide required legal services for vendors’ contracts with Client and shall pay all fees incidental to obtaining permits associated with these services. It is understood that PEG is acting as a consultant for Client to provide advice and consultation on a variety of projects related to the event. Client shall designate a person to act with authority on his/her behalf in respect to all aspects of the appointment shall examine and respond promptly to PEG’s submissions, and give prompt written notice to PEG whenever he/she observes or otherwise becomes aware of any defect in the work product.
8. Confidentiality and Non-Disclosure: The terms of this Agreement are confidential and proprietary information of PEG, and shall not be disclosed without prior approval. The client acknowledges that they will keep confidential and not disclose to anyone, other than as directed by The Owner or PEG, any of the PEG Entities’ Confidential Information. They agree that this Confidentiality and Non-Disclosure Agreement shall be binding now and at all future times, even after the PEG consulting assignment has ended.
Each client shall protect the disclosed confidential information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as is used to protect its own confidential information of a like nature. All parties agree to notify the others immediately upon the discovery of any unauthorized use or disclosure of confidential information of the other, and to reasonably cooperate to regain possession of the confidential information and prevent its further unauthorized use.
9. Data Collection and Protection: In consideration of consulting relationships with clients, confidential personal information may need to be shared. No parties involved will disclose or cause to be disclosed any confidential information except to employees or representatives who require access to complete this agreement. PEG processes personal information under the direction the client. The client is responsible for gathering personal information according to all related laws. If requested and advised by the client, personal information will be destroyed within thirty days.
PEG shall secure the minimal amount of personal information needed to execute the agreement, and implement general accepted standards to safeguard personal information. PEG shall only process personal information on behalf of the client’s documented instructions and data protection laws for the execution of this agreement. PEG will maintain commercially reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of personal information. PEG shall ensure that its personnel with access to personal information have received appropriate training on their responsibilities.
All correspondence and documents to and from PEG, ideas generated by PEG, designs, color schemes become the property of PEG. PEG may file a written request with the client to use specific photos of the event for their use in marketing and promoting PEG in the future. Mailing lists, sponsorship details and all other proprietary material generated by the client and shared with PEG, remain the property of the client and are to remain confidential.
Upon becoming aware of any unlawful or unauthorized access to any personal information, resulting in loss, disclosure or alteration of any personal information, PEG will investigate or perform required assistance in the investigation and take all commercially reasonable steps to mitigate the effects of the Security Incident.
10. Termination: The appointment of PEG as consultant is subject to termination by PEG or Client with seven days prior written notice. In the event of any termination, PEG shall be paid for all services rendered to the date of termination, all reimbursable expenses and reimbursable termination expenses, if all services have been satisfactorily performed.
11. Limitation of Liability: PEG shall perform the services with the care and skill ordinarily used by members of PEG’s profession practicing under similar conditions at the same time and in the same locality. There are no other warranties, express or implied or in any reports, opinions, or other documents furnished by PEG. PEG shall not be liable for the results of services performed with professional care and skill.
We are not liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use or inability to use the Technology Product.
12. Force Majeure: Neither party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, unusual or inclement weather conditions, unanticipated site conditions, changes in applicable law, acts of terrorism, acts of war, or other acts or circumstances beyond the control of the other party or that could not have been reasonably foreseen and prevented. Should such acts or circumstance occur, both parties shall use their best efforts to overcome any difficulties arising from such events and to resume the project as soon as reasonably possible.
13. Payment: Payments shall be made to PEG on the basis of the “Payment Schedule” included with this contract and agreed upon by all signing parties. Payment shall be due on the scheduled due date in this contract or within thirty (30) days of the date of the invoice presented. If the Client fails to make full payment due PEG by the due date or within 30 days, PEG reserves the right to retain all plans, documents and related event materials, and to suspend or terminate services until full payment for services and any accumulated charges is made. It shall be understood that the Client is responsible for payment of all assignments made or implied by the Client. If the Client fails to obtain payment from a third party, Client assumes all responsibility for payment to PEG. It shall be understood that if the Client fails to make any payment within 90 days, PEG will submit an invoice noting such and may suspend all services with no other notice to the client until outstanding balances are paid.
14. Cost Estimates: PEG makes every effort to determine the most accurate Technology Product pricing, but has no control over the changing product costs. All estimates are made on the basis of experience and qualifications and represent a best judgment. PEG cannot and does not guarantee that proposals, bids, or final costs will not vary from opinions of probable costs prepared by PEG.
