Updated on 04/15/2024
These terms of use apply to the agreement between Crossfade ('Supplier') and the Customer regarding the use of the Evently service.
Evently is a comprehensive system for managing event productions and their customers, designed especially for program agencies and agencies. It can be used, for example, to manage artists, their musicians and technicians, performances and other events as well as the coordination of productions.
By default, the Service is available 24 hours a day, every day of the week, excluding temporary service interruptions that may be caused by maintenance, updating or repair measures or measures taken to ensure or restore the service's availability, performance, recoverability, data security or manageability, or other similar interruptions .
The operation of the service is continuously monitored and in case of failure, the service is tried to be restored as soon as possible. However, the actual maintenance service is provided during (Finland) office hours. Any errors that do not significantly hinder the use of the information system, the supplier can correct the normal development work and in connection with version updates.
The Supplier has the right to develop the Service as it considers appropriate. If the modifications substantially change the functionality of the Service, the Supplier will endeavor to notify the Customer in time before the changes are deployed. An additional fee may be charged for some new features, in which case their implementation will be agreed separately with the Customer.
The customer has all rights to the information content and material produced by the Service. The customer is responsible for entering the data and for the correctness of the information in the Service and for compliance with legal and official regulations. The customer is responsible for the careful handling of personal identifiers and passwords related to their use of the Service.
However, the general information about the venues and accommodation found in the service is common to all customers, and a history of changes to the information is stored for all users to see. The supplier reserves the right to make additions and corrections to the data, which is therefore available to all customers.
All intellectual property rights of the Service belong to the Supplier. The Service uses various open source and other technologies, the related intellectual property rights belong to the owners of each respective technology.
The Supplier grants the Customer personal access rights to the Service for the duration of the contract, which the Customer may not sell , rent or transfer to a third party without the Supplier's permission.
The monthly price per user of the Service is defined in the contract, offer or other written form. Monthly fees are invoiced for a period of six (6) months in advance. The prices are tax-free and VAT is added to them.
The contract continues at the specified prices automatically, so that the notice period is three (3) months before the start of the new contract period. Termination must be made in writing.
The customer does not have the right to recover the amount paid for the current contract period, unless the Supplier terminates the Contract or the termination was due to actions beyond the control of the Customer.
The contracting parties undertake to keep the materials and other information related to the Agreement and the Service confidential, and may not disclose them in any way to the knowledge of a third party. The contracting parties agree that everyone in their employ as well as potential subcontractors will comply with this provision. However, the contracting parties have the right to hand over confidential information to the court on the basis of a decision, order of an authority or another similar reason.
The Service is delivered 'as is' without any other guarantees than what is specifically stated in these terms and conditions. The supplier does not give a guarantee regarding the correctness, reliability or other aspect of the Service and its functions. The Supplier also does not give guarantees about the Service's usability, performance, commercial usability or suitability for the Customer's purpose of use.
Neither Party is liable to the other Party for the use of the Service, its operation or prevention of operation, or indirect damages caused by the violation of this Agreement, such as loss of income, loss of production or from other problems, a decrease in turnover or other additional costs.
The parties' liability for damages is limited in all situations to immediate damages that correspond to a maximum of six (6) months of payment for the service. Both Parties must submit claims no later than three (3) months after the date on which the Party discovered or should have discovered the cause and basis of the claim.
The Supplier has the right to use the Customer's name and logo for reference purposes, unless otherwise agreed in writing.
This Agreement is governed by Finnish law. The Parties of the Agreement strive to resolve possible conflicts primarily through negotiation. If the negotiations do not lead to an agreement within a reasonable time, the disputes will be resolved in the district court of Espoo as the first instance.