Terms and Conditions


    SnapUp Tickets Event Registration System Software as a Service Agreement

    This agreement is a standing agreement for all clients using our ERS Products as a Software-as-a-Service. SaaS means that all software maintenance, upgrades, monitoring and bug-fixes are included in the SaaS fees and will be pro-actively performed by D. E. Systems Ltd. All software used by client is owned by Snapup Tickets, a division of D. E. Systems Ltd. Additionally, the applications are hosted by Snapup Tickets, a division of D. E. Systems Ltd, making resource requirements a non-issue for our clients.

    Definitions

    Snapup Tickets: The licensed software application hereinafter referred to as SnapUp Tickets. This includes the Snapup administrative interface, front end registration pages,and access to the database engine, located on servers maintained by D. E. Systems Ltd.

    Client Content: The online and offline content maintained by the client with the help of SnapUp Tickets. This includes associated images, text, files, properties, designs and data.

    Web Site: A collection of online content on an intranet or the internet, reachable through a common base url and representing content relevant to a single department, organization or affiliation.

    User: Any person that uses a SnapUp Tickets registration or survey interface to access or change content of a Web Site and has a named account on the SnapUp Tickets database for this purpose.

    Setup Day: The day the SnapUp Tickets site installation is performed and Client has access to or begins using the SnapUp software application.

    Web Applications: Interactive components of the Client Content that are custom-developed by D. E. Systems and may store or maintain dynamic content such as user profiles, messages, transactions or similar.

    Hosting Provider: Service provider who will provide hosting of the Web Application.

    Fees

    If an event organizer using Snapup tickets needs to cancel his event, ticket fees and any applicable processing or refund fees will still be applied to the event organizer. In the case of an event organizer using their own payment gateway, these fees amount to 99c per ticket. In the case of an event organizer using Snapup Tickets gateway, these fees amount to 99c per ticket + 4.5% transaction fee + 4.5% refund transaction fee. By using Snapup tickets, the event organizer agrees to absorb these fees in the event of a cancellation of his/her event.

    Services, Support and Maintenance

    Services - During the term of this Agreement, D. E. Systems will provide access to the SnapUp Tickets server in order to maintain Client Content. Access is granted 24 hours per day. The Client may use the Administrative features and services on an unlimited number of workstations. This agreement grants access for multiple registration web sites. Each registration web site includes access for one user as well as unlimited additional users.

    Overview – Under this agreement, Snapup Tickets website applications are available for use by client to facilitate payment for events, donations or other items. The software and all services available on the Snapuptickets.com or other website or otherwise provided by D. E. Systems Ltd are owned and operated by D. E. Systems Ltd. Client agrees to, and grants the right for the software services to sell tickets on-line for the benefit of the Client.

    Payment – Client may select from different payment processing methods when using Snapuptickets.com services. Should the client elect to integrate their own payment gateway via Paypal, Chase or other authorized merchant provider, the client is bound to the terms and conditions of their agreement with said gateway and merchant provider. Should the client elect to use Snapuptickets.com gateway, the client aggress to allow and give the rights to Snapup Tickets a division of D. E. Systems Ltd. to sell tickets on the client’s behalf for the direct benefit of the client. Under any payment processing method, the client agrees to pay all associated fees for using the service. Snapup Tickets reserves the right to withhold funds collected for ticket sales as necessary for the processing or settlement of charge backs, allegations of fraud, complaints and other discrepancies.

    Support & Maintenance – D. E. Systems will provide Support, Upgrade and Maintenance services as outlined in the Support Packages below.

    Contact Information

    1. All support requests shall be sent in writing to rgord@desystems.com or submitted via our support centre at 613-723-1166 ext 232
    2. Telephone number for emergency contact in the event of software errors that prevent Client's account from performing a substantial portion of its intended function: 613-723-1166 or 613-859-5162

    Upgrades – D. E. Systems will upgrade the Software from time to time with new versions and releases. D. E. Systems reserves the right to upgrade server-side software components without prior notice. Minor client-side software upgrades may be performed by D. E. Systems via an automatic updating process.

    Warranty

    Uptime – D. E. Systems warrants that the SnapUp Tickets server is available for operation 98% of all minutes in a year. D. E. Systems provides annual up-time statistics on its web site. In case of any scheduled down-time, D. E. Systems will notify Client at least 24 hours in advance.

    Data security – D. E. Systems warrants that it will exercise all reasonable effort and pre-emptive caution to ensure its server is not compromised by viruses or intrusions. To this extent, D. E. Systems ensures latest known vulnerabilities in its server installation are patched and DDOS attacks are averted.

    Personal Data - D.E. Systems' SnapUp Tickets Registration System is responsible for personal information under its control. Collection of personal information by SnapUp Tickets will be limited to what is necessary for the purposes of registration for the event and the use of SnapUp Tickets Application.

    Personal information will not be used or disclosed for purposes other than those for which it was collected, to process the registration data to a given event and for usage of the SnapUp Tickets Application. We will keep your personal information as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. The Policy is subject to PIPEDA and/or any other applicable privacy laws.

    Ownership – D. E. Systems warrants that the Client is the owner of all content maintained with SnapUp Tickets software application, including logos, text and other content rendered on the Client web site. This entails that on termination of this Agreement, the Client may migrate content from SnapUp Tickets software to any other data format. D. E. Systems will ensure that the Content will be available for this purpose from a recent backup.

    Web Applications – D. E. Systems warrants that custom-developed Web Applications work as requested will be performed for the benefit of the client as requested. Backup of data generated and accumulated by these Web Applications is included within the services to be provided under this Agreement.

    Liability

    Resulting Harm - Client acknowledges that they are solely responsible for the content maintained with SnapUp Tickets software and are liable for any harm that may result from the client publishing this content, in particular in the event of fraud, or content of illegal or insulting nature of any kind. D. E. Systems reserves the right to suspend a SnapUp Tickets account if improper use by the client of SnapUp tickets software has been reported. It is the Client’s obligation to monitor content of the Client web site for such improper use.

    Intrusion – D. E. Systems reserves the right to suspend or delete a SnapUp Tickets account if it has reason to believe that an attempt is being made at compromising security of the Server installation. In such a case, D. E. Systems will notify the Client immediately of such action and make existing content available for export.

    Payment Terms - For the license, Snapup Tickets charges Client a percentage fee of all tickets sales as outlined in the pricing section of the website.

    Payment is collected via clients' selected method of payment 7 days after event is held. Late payment may incur an interest fee charge. This agreement may be canceled by Client at any time with 30 days notice.

    Renewal and Termination

    Renewal - This agreement renews automatically with subsequent events.

    Cancellation - The Client may cancel with a 30-day prior written notice.

    ERS Support Packages

    Support Inc.

    Software patches and/or fixes to resolve known defects or malfunctions in the ERS Software and/or Documentation.

    X

    Upgrades to new releases of the Software.

    X

    Technical support staff available eight (8) hours per day, five days per week for reporting and responding to support issues.

    X

    Unlimited 5x8 online and email support for all software-related bugs or errors.

    X

    Unlimited 5x8 telephone support for all software-related bugs or errors.

    X

    48 hour material bug resolution turn-around

    X

    Terms & Conditions

    Binding Agreement - This Agreement shall be binding upon the successors and permitted assigns of the parties. The parties hereto, for themselves and for their successors and permitted assigns, agree to execute any instrument in writing which may be necessary or proper to carry out the purposes and intent of this Agreement.

    Currency - All amounts referred to herein or in other documents related to this Agreement shall be in the Dollars specified by the client during the setup process

    Governing Law - This Agreement shall be governed by and construed in accordance with the laws of Ontario without giving effect to any choice or conflict of law provision or rule (whether of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Ontario. No action, regardless of form, arising out of this Agreement may be brought by either party more than two (2) years after the cause of action has occurred.

    Severability - If any provision herein shall for any reason be held invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall continue to be in effect and the invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable provision which, being valid, legal, and enforceable, come closest to the intent of the parties underlying that provision.

    Amendments - This Agreement may not be amended except by written instrument signed by the Parties. No waiver of any term or provision or any breach or default of any part of this Agreement will be valid unless in writing and signed by the Party against which such waiver is sought to be enforced, and no such waiver will be deemed a waiver of any other term or provision thereof, or of any subsequent breach thereof, or of any default there under of the same or similar nature.

    This Agreement constitutes the entire agreement of the parties on the subject hereof. No ancillary provisions have been verbally agreed upon. This Agreement may not be amended or modified except in writing signed by each of the parties to the Agreement.

    Each party hereto shall pay its own costs and expenses incident to the preparation, execution and consummation of this Agreement and the actions contemplated herein, including the costs of all their respective advisors and consultants.

    This Agreement shall be governed exclusively by the laws of the province of Ontario.