General Terms and Conditions

Evenito AG
1. Introduction

1.1 General informations

evenito AG, Limmatquai 122, 8001 Zurich, Switzerland ("evenito") operates at an online platform for the digital processing of event management tasks for event organisers (companies, associations and other organisations; hereafter "customers"). The goal of evenito is the complete digitalization of the process between customers and guests of the events, to which further services can be added.

evenito is the owner of the online platform and the website, its mobile version, the apps “evenito check-in” and “evenito Nametag” (hereafter the "Services").

evenito AG, headquartered in Zurich, is registered as a stock corporation in the commercial register under the identification number CHE-272.774.030.

1.2 Field of application

These General Terms and Conditions ("GTC") regulate the conclusion, the content and the handling of contracts between evenito and the customer for the use of the services and for possible further services. Use of the services constitutes full acceptance of these GTC.

Notwithstanding anything to the contrary herein, In the event of contradiction between the main contract and the general terms and conditions, the terms of the main contract shall prevail.

The GTC form an integral part of every contract between evenito and the customer. They apply by conclusion of contract and apply to all present and future business relations, whereby no further explicit agreement is necessary. In the case of a Service Level Agreement (SLA) concluded separately between the customer and evenito, this forms a further component of the contractual relationship.

In the event of contradictions between the different language versions of the GTC, the current English version shall prevail.

1.3 Conclusion of the contract

Subject to separate regulation, a contract is concluded when evenito confirms to the customer in writing or in electronic form that the agreed service is provided by evenito.

 1.3.1 Booking individual events

Customers have the possibility to book single events via evenito. To do so, they select from the offers available on the online platform.

1.3.2 Long-term contracts

Furthermore, customers have the possibility to conclude annual contracts for an agreed number of events with evenito ("long-term contracts").

In the case of long-term contracts, the services and remuneration are defined on a customer-specific basis in the respective contract.

2. Services from evenito

2.1 General

evenito provides the agreed service and provides its "Software as a Service" (SaaS) for the customer within the scope of the contract against the corresponding remuneration.

evenito reserves the right to have all or individual services, to which it is obligated under the contract, rendered by a third party. The data protection and confidentiality regulations are observed.

2.2 Right of use

The customer is granted a non-exclusive, personal, non-transferable and non-sublicensable right to use the evenito online platform for the duration of the contract. No other rights or licenses are granted by the use of the services. The customer acknowledges that he has no rights to reproduce, distribute, pledge, assign or otherwise transfer or encumber rights to the services or any of its components.

2.3 Maintenance and operation

evenito maintains and operates the online platform in accordance with the contractual requirements.

In addition, customers may with regard to

·        Availability of the online platform,
·        Availability times,
·        Fault management,
·        reaction and troubleshooting times and
·        Consequences of non-compliance with service levels

to agree a separate SLA with evenito, which grants an increased standard of technical services and reaction times in case of interruptions.

The provisions in the SLA that deviate from these GTC take precedence over the GTC.

2.4 Hosting

The online platform, its database and services are managed by evenito and the customer data is hosted in Switzerland. Mail servers can be located abroad.

3. Services of the customer

3.1 Payment of the agreed price / invoicing

evenito provides the services at the prices as agreed in the contract. The fee comprises, among other things, the license price, one-off project costs for setup, training and any other costs for the implementation of customer-specific requirements.

Unless otherwise stated in the contract, value added tax shall be payable additionally.

Invoices for software usage and services are issued to customers who book individual events when placing an order.

In the case of standing contracts, the invoice is issued in accordance with the contractual agreement.

Unless otherwise agreed, the customer must pay the invoice by the reasonable due date stated in the invoice or within the specified reasonable payment period. In the absence of a due date or payment deadline, a payment deadline of 30 days from the date of the invoice shall apply.

3.2 Responsibility and duties to cooperate of the customer

The customer is responsible for the provision and maintenance of the required end devices, the data line to the online platform (e.g. hardware and operating system, network devices or Internet connections, etc.) and ensures that their configuration and technical status correspond to evenito's current specifications (according to contract).

Before sending data and information to evenito, the customer checks them for viruses and uses state-of-the-art virus protection programs. It is incumbent on the customer to make back-up copies of the data which he transmits to evenito and to keep them in his possession. In addition, the customer is responsible for maintaining the confidentiality of his access data.

The customer is responsible for complying with the system requirements and for ensuring that his selected users are familiar with the proper operation when uploading documents (such as Excel guest lists) to the online platform.

The customer undertakes not to intentionally disrupt, interrupt or manipulate the software or the service in any way. The services of evenito may not be misused, especially no information with illegal or immoral contents may be transmitted or posted on the evenito online platform. Furthermore, the national and international copyrights and trademark, patent, name and trademark rights as well as other industrial property rights and personal rights of third parties must be observed. The customer is liable for all activities that occur under his identification.

Unless expressly authorised by evenito, no links to may be published on third party websites.

In case of serious violations of the rights of use (by the customer himself or by users determined by him) or the obligations of the customer to cooperate, evenito is entitled to suspend its services and/or to block the customer's access to the website and the online platform.

4. Duration and termination of the contract

For customers who book the services for individual events, the contractual relationship ends on the day after all services In relation to the booked event are concluded .

In the case of permanent contracts, a contract period of 365 days from the conclusion of the contract shall apply. The contract is automatically extended unless it is terminated in writing form by the customer with 90 days' notice to the end of the contract year. Only individual segments of the standing contract can be terminated under the same conditions.

In case of violation of the obligations from these terms and conditions, subject always to the terms of the main contract, either party has the right to terminate the contract with immediate effect .

In the event of a serious breach of the obligations arising from these General Terms and Conditions, subject always to the terms of the main contract, either party is entitled to terminate the contract with immediate effect upon written notice and without setting a rectification period, subject to the assertion of damages.

5. Warranty

evenito undertakes to provide its services carefully and professionally. Within the scope of providing the software or services for use by the customer evenito takes all measures usual according to the state of the art in order to guarantee the customer an uninterrupted availability as far as possible. However, the customer is aware that even with careful development errors cannot be completely avoided. evenito guarantees, on a best efforts basis, the uninterrupted, safe and error-free execution of the functions of the services, the completeness, correctness, accuracy, topicality and reliability of the services.

If the customer detects a defect in a service, he has to inform evenito within reasonable time. evenito shall take the measures necessary to remedy the defect without cost consequences for the customer promptly, if evenito is responsible for the defect or if the defect arises from the services hereunder.

Any deviating agreements in the respective contract or a possible SLA are reserved.

6. Liability

without prejudice to evenito's obligation to indemnify the customer under the main contract, evenito is only liable for direct damages, which can be attributed to a breach of contract by evenito or a third party consulted by evenito, or to the extent due to any act, omission, negligence or wilful misconduct of evenito. .

evenito assumes no liability for interruptions due to disturbances of the connection to the internet at the customer's control.

Links to websites of third parties are only provided by evenito for the convenience of the customers. By using these links the website of evenito is left. Such links are neither a sponsorship nor a recommendation by evenito or the third party provider.

7. Clause not utilised.
8. Final clauses

8.1 Amendment clause

The GTC in the currently valid version are applicable and can only be amended upon mutual written agreement of the parties.

8.2 Severability Clause

Should individual provisions of these GTC be void or legally ineffective, the validity of the remaining provisions shall remain unaffected. In the event of the invalidity or ineffectiveness of a provision, this shall be replaced by a provision which comes closest to the economic purpose of the ineffective provision.

8.3 Applicable law and place of jurisdiction

The contractual relationship between the customer and evenito (including these GTC) is ex-clusively subject to Swiss law, to the exclusion of agreements under international treaties, in particular the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1998. The place of jurisdiction is Zurich.

Status: January 2018 (Version 1.0), subject to change without notice