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1. Application

These General Terms and Conditions for Services (“Terms”) shall

apply to the Event Metrics service and other potential related

services (together ”Services”) provided by Prime Event Ltd.

(“Supplier”) to its contracting party (“Customer”). Hereinafter the

Supplier and the Customer shall be referred together as the

“Parties” and individually as a “Party”.

“Agreement” shall mean these Terms and any other terms and

conditions that have been agreed mutually by the Parties in writing.

2. Contents of the Services and Service Description

The detailed description and scope of the Services (including the

number of users) is as set out in the service description in the

Supplier’s website eventmetrics.fi and/or as separately agreed by

the Parties.

3. Devices

The Services do not include any devices (such as tablets or laptops)

and the Customer shall be responsible for acquiring the required

devices and communications link for the Services. The Supplier

shall provide the necessary compatibility information to the

Customer. For clarification, the Supplier shall not be liable in any

way for any downtime relating to the communications link or

Customer’s devices.

4. Prices and Terms of Payment

Unless otherwise agreed in the Agreement, the Services shall be

charged according to the Supplier’s valid price list at the time in

question. Value added tax shall be added to the prices.

Unless otherwise agreed, the Services shall be charged at the time

of purchase. If using invoicing method, the payment term is 14 days

from the date of the invoice. Interest on delayed payment is 10 %

per annum. When invoicing method is used, the access to the

service will be provided when payment has been received.

5. General Responsibilities of the Parties

The Supplier undertakes to perform the Services in conformity with

the Agreement, with due care and with the professional skills

required for the tasks.

The Customer undertakes to (i) perform the tasks for which it is

responsible in conformity with the Agreement and with due care, (ii)

provide the Supplier with sufficient and correct information and

content in order for the Services to be performed and (iii) with best

of its ability to contribute to the performance of the Services. The

Customer shall be responsible and liable for the information that it

provides for or in connection with the Service. The Customer shall

not allow any third parties to use or have access to the Service.

6. Personal Data

Both the Supplier and the Customer shall comply with all legal

requirements set out in applicable laws related to the protection of

personal data.

In connection with the provision of the Services, the Supplier shall

process personal data, for example in the form of user account

information, as an independent controller. The Supplier does not

act as a processor of the Customer when providing the Services.

However, should this premise change, the Parties shall take

necessary measures in order to comply with the applicable data

protection legislation.

The Customer assures that the content that it provides for the

provision of the Services includes no personal data. The Customer

shall immediately inform the Supplier, if it however appears that

personal data is included in the content provided by the Customer,

in which case the Customer and the Supplier shall take necessary

measures in order to comply with the applicable data protection

legislation.

The Customer is responsible for ensuring its own compliance with

applicable personal data legislation in its use of the Services.

7. Data Security

The Supplier shall use and implement appropriate technical and

organizational measures to ensure adequate and ongoing data

security in accordance with the good industry practice.

8. Changes

The Supplier shall be entitled to change the prices of the Services

and terms of the Agreement by notifying the Customer on the

changes at least one (1) month prior to the change will take place.

In case the Customer does not accept the changes, the Customer

shall be entitled to terminate the Agreement with a one (1) month

period of notice.

The Supplier shall be entitled to change the content of the Services

at any time. If the Supplier changes the content of the Services

materially, the Customer shall be entitled to terminate the

Agreement with a one (1) month period of notice.

9. Intellectual Property Rights and Data

All copyrights and other intellectual property rights related to the

Services shall belong to the Supplier or a third party (such as a

subcontractor of the Supplier). The Customer shall not acquire or

receive any title or interest in the intellectual property rights of the

Services, including without limitation any user manuals and other

corresponding materials relating to the Services.

Unless otherwise agreed, the Supplier is entitled to exploit in any

way any data that the Supplier inputs into the Service or provides in

connection with the Service for developing, analyzing and evaluating

the Service and the Supplier’s business (including without limitation

for providing other services and products). The Supplier is also

entitled to distribute such data to third parties in such form that the

third party cannot identify the Customer or the event. For

clarification, the foregoing shall apply also after the termination of

the Agreement and the right of the Supplier to exploit such data set

out in this Clause shall survive any termination of this Agreement.

10. No Warranty

The Customer agrees and acknowledges that all use of the Service

is carried out at the Customer’s own risk and responsibility. The

Supplier is constantly developing the Service, which may lead to

downtime of the Service and the Supplier does not guarantee that

the Service will be provided uninterrupted, timely or error-free.

THE SERVICE IS PROVIDED “AS IS” AND NO WARRANTY OR

REPRESENTATION, EXPRESS OR IMPLIED, IS GIVEN AS TO

(INCLUDING WITHOUT LIMITATION) THE ACCURACY, EFFICACY,

COMPLETENESS, CORRECTNESS, CAPABILITIES, FITNESS FOR

PURPOSE, OR USABILITY OF THE SERVICE. THE SUPPLIER

SHALL NOT BE LIABLE FOR ANY INFORMATION PROVIDED BY

THE CUSTOMER IN CONNECTION WITH THE SERVICE OR FOR

ANY RESULTS BASED ON DATA THAT THE CUSTOMER HAS

PROVIDED FOR / INPUT INTO THE SERVICE.

11. Confidentiality

Each Party (“Receiving Party”) shall not disclose to third parties nor

use for any purpose other than for the proper fulfillment of the

purpose of the agreement between the parties any technical,

financial or commercial information marked as confidential or which

should be understood to be confidential (“Confidential Information”)

received from the other Party (“Disclosing Party”) in whatever form

under or in connection with the parties’ agreement without the prior

written permission of the Disclosing Party. For clarification, all

information concerning the Services shall be the Confidential

Information of the Supplier. The confidentiality obligations shall not

apply to information which:

a. was in the possession of the Receiving Party prior to disclosure

hereunder;

b. was in the public domain at the time of disclosure or later

became part of the public domain without breach of the

confidentiality obligations herein contained;

c. was disclosed by a third party without breach of any obligation

of confidentiality owed to the Disclosing Party; or

d. was independently developed by personnel of the Receiving

Party having no access to the Confidential Information.

This Clause 11 shall bind the Parties also after the termination of the

Agreement.

12. Force Majeure

Events of force majeure (“Force Majeure”) are events beyond the

control of the Party which occur after the time of signing of the

agreement and which were not reasonably foreseeable at the time

of signing of the agreement and whose effects are not capable of

being overcome without unreasonable expense and/or loss of time

to the Party concerned. Neither Party shall be liable to the other for

any delay or non-performance of its obligations hereunder in the

event and to the extent that such delay or non-performance is due

to an event of Force Majeure.

13. Limitation of Liability

NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT,

CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES,

INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, GOOD

WILL, REVENUE, DATA OR PROFITS, BY REASON OF ANY ACT

OR OMISSION ARISING OUT OF OR IN CONNECTION WITH

THESE TERMS OR THE AGREEMENT.

THE MAXIMUM LIABILITY OF SUPPLIER SHALL BE LIMITED TO

50% OF THE SERVICE FEE AT THE TIME OF BREACH OF THESE

TERMS OR THE AGREEMENT.

14. Validity and Termination

The term of the Agreement shall be agreed upon in the Agreement.

Unless otherwise agreed, the Agreement shall be in force for a

period twelve (12) months, after which the Agreement shall continue

to be automatically renewed for consecutive twelve (12) months’

periods, unless terminated by either Party in writing three (3) months

before the commencement of the next 12 months’ period. For

clarification, the foregoing does not affect the termination rights set

out in Clause 8.

The Supplier is entitled, without prejudice to any other right or

remedy available to the Supplier, to suspend the Service

immediately in case the Customer (i) fails to follow any of its payment

obligations; or (ii) the Customer in any other way breaches the

Agreement (including without limitation situations, where the

Customer is not compliant with the agreed number of users). The

Supplier is entitled to continue the suspension for as long as the

Customer is in breach of the Agreement.

Both Parties are entitled to terminate the Agreement with immediate

effect in case of a material breach of the Agreement by the other

Party, provided that the Party in breach does not rectify the breach

within thirty (30) days of written notice by the other Party. For

clarification, any violation of the agreed number of users by the

Customer is considered to be a material breach.

15. Other terms

Governing law and dispute resolution. The Agreement shall be

governed and construed in accordance with the substantive laws

of Finland excluding its choice of law provisions. Any dispute,

controversy or claim arising out of or relating the Agreement, or

the breach, termination or validity thereof, shall be finally settled

by arbitration in accordance with the Arbitration Rules of the

Finland Chamber of Commerce. The place of arbitration shall be

Helsinki, Finland and the language of the arbitration proceedings

shall be the English language.

Transfer. The Customer shall not be entitled to transfer the

Agreement to a third party without the prior written consent of the

Supplier. The Supplier is entitled to transfer the Agreement to its

group company or to an acquiring company in connection with a

business transfer.

Reference. The Supplier is allowed to use the Customer as a

reference in its marketing in accordance with good marketing

practice.

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A leader in the market

Every Meter Included in our reports

IMPACTS

COST AND INCOME CALCULATOR

This is a tool for calculating costs (pre, on and post event phases) and incomes of meetings, incentives, conferences and events.

 

SALES ACTIVITIES AND RESULTS 

These are meant to prove the influence and success of the event for sales activities among current, returning and new customers & growth of sales and market share. Metrics serve also to track the number and value of leads, offer requests, generated offers and deals.

 

DEVELOPMENT OF SALES & PRODUCTION PROCESSES 

These meters are meant to prove the development of processes related to sales and production/manufacturing.

 

ECONOMIC IMPACTS

These meters are meant to prove the economic impact of the event. Includes also Event ROI and Benefit-Cost Ratio metrics.

 

LEARNING INDICATORS

These meters are meant for the evaluation of success and impact of learning. The purpose is to measure in which extent reality has met the expectations.

 

BRAND EXPERIENCE AND IMAGE SUCCESS INDICATORS

These meters are meant for the evaluation of success of expressing the Brand Experience and image. The purpose is to measure in which extent reality has met the expectations.

 

RESPONSIBILITY RATES

These meters are meant for the evaluation of responsibility and sustainability of the event in an ecological, economic and socio-cultural context. The purpose is to evaluate in which extent the execution has met the set targets.

PERFORMANCES

EVENT ORGANISER / AGENCY EVALUATION

These meters are meant to evaluate the internal event organiser or event agency. The purpose is to measure in which extent performance has met the expectations.

 

PERSONNEL ACTIVITY AND PERFORMANCE RATES

These meters are meant for the evaluation of operational activity on pre, on and post-event phases. The purpose is to measure in which extent expectations have met the performance.

 

EVENT ELEMENTS SUCCESS INDEXES

These meters are meant for the evaluation of the success and workability of the event elements, in the context of substance, feeling factors and physical elements. The purpose is to measure in which extent reality has met the expectations.

 

NETWORKING SUCCESS AND EFFICIENCY INDEXES

These meters are meant for the evaluation of success and efficiency of networking on pre, on and post-event phases. The purpose is to measure in which extent reality has met the expectations.

PROCESSES

COMMUNICATION AND MARKETING PROCESS INDEXES

These meters are meant to evaluate the success of the event communication and marketing processes. The purpose is to measure in which extent reality has met expectations on pre, on and post event phases.

 

INVITATION PROCESS SUCCESS RATES

These meters are meant to prove the results and efficiency of the invitation process.  The Invitation Process Success Rates is divided into 3 metrics: Participant, No-Show and Invitation process efficiency Rates.

 

PRE- AND POST-EVENT ACTIVITY INDICATORS

These meters are meant to evaluate the success and efficiency of processes relating to planning, production and post-event phases. The purpose is to measure in which extent reality has met the expectations.