ePly sets up the online form and provides three
rounds of changes for the quoted set up fee. After three
rounds of changes ePly may quote a price to make
additional changes.

The features included in the service are listed at –https://www.eply.com/features_benefits/default.html.

ePly will build, test and deliver an email campaign on behalf of the client.

Client Managed

The Client will build, test and deliver their own email campaign using the email software offered through ePly from iContact.

Terms of Service

Description of Services

Ownership

Responsibility for Password

Privacy

Technical Support

Billing

Registration Charges

Clients Using Own Online Merchant Account (If Applicable)

Email Marketing – If Used

Disclaimer of Liability and Indemnification

Confidentiality

Termination

Warranties

Third Party Providers

Severability

Entire Agreement

Agreement Binding

No Assignment

Right to Refuse

Governing Law; Enforcement of Agreement

Force Majeure

Headings

The client will provide all content and images.
ePly will create the HTML email, set up the campaign and recommend best practices for event promotion.
The client will have three opportunities to review the email and suggest changes/additions. Additional changes beyond three rounds will be charged for by the hour.
The client must provide a list of permission based email addresses to send to in a spreadsheet format and is responsible for the quality of the list.
Due to circumstances outside of ePly’s control (ex: firewall’s, spam filters, etc.) the email delivery rate is not guaranteed. Clients may want to attempt a resend to bounced addresses from their own email software.
ePly will schedule the email to be delivered at a time you specify.
The client will have access to monitor the number of opens, clicks and bounces.
ePly reserves the right to discontinue email service if ePly receives consistent complaints from email recipients.
Applicable terms and conditions from the company providing the email software must be adhered to, please see –
http://www.icontact.com/terms/

ePly will set up an account for the Client under ePly’s master account to allow the Client to set up, send and monitor their own campaigns.
ePly will provide a basic level of support and if requested review the Client’s email messages and make recommendations with regards best practices for event promotion.
The client will send to their own list of permission based email addresses.
Due to circumstances outside of ePly’s control (ex: firewall’s, spam filters, etc.) the email delivery rate is not guaranteed. Clients may want to attempt a resend to bounced addresses from their own email software
The client will have access to monitor the number of opens, clicks and bounces.
ePly reserves the right to discontinue email service if ePly receives consistent complaints from email recipients.
Applicable terms and conditions from the company providing the email software must be adhered to, please see –
http://www.icontact.com/terms/
The client must provide 30 days by email to
cancel the account.

Online Event Registration

– Last Updated May 2009

ePly provides organizations with online event registration services.
These services allow event participants to register and pay for events
online and for the Client to access the registration data via the ePly
website.

ePly owns all right, title and interest of all websites associated with
ePly’s business and all components that make up the online registration
services. Clients may only use the services as described within this contract.

ePly will provide the Client with a password and event id to access the
collected data. The Client is responsible for maintaining the confidentiality
of the password and is fully responsible for all activities that occur
using the password. ePly will not be liable for any loss or damage arising
from the Client’s failure to comply with this responsibility.

The Client owns all data collected for their event. ePly will not release
any collected information to any party other than the Client except if (a)
authorized by the Client, (b) as part of the payment collection process, or
(c) if required to by law.

ePly will provide the Client technical support relating to the use of the
Services via email and telephone between the hours of 8am and 6pm Pacific
Standard Time. ePly is not responsible for providing technical support to
event participants. ePly reserves the right to establish reasonable limitations
on the extent of technical support.

ePly will email an invoice or charge a credit card for
the setup fee after the first draft of the form has been
sent to the client unless the setup fee was paid using
the online Start Now form.

ePly will email an invoice or charge a credit card at
the end of each month for the per registration fees,
credit card processing fees and any other applicable
billing.

All invoices are due upon receipt. Amounts 30 days or
more past due will accrue interest at the rate of 1.5%
per month. If ePly requires use of collection agencies,
attorneys, or courts of law for collection on the
Client’s account, the Client shall be responsible for
those expenses.

Additional work not described in the quote and/or
changes that are requested after the Client has approved
the design/layout of the online form or has authorized
the form to be made live will be billed at a rate of
$125.00/hour. If requested by ePly, a non-refundable
deposit is required before work begins.

The Client will not be billed for fraudulent or duplicate registrations provided
they are deleted from the database. ePly determines the registration count on
the second day of each month. The Client is responsible for paying for all other
registrations.

The Client is responsible to open and/or maintain the required merchant and gateway
company accounts and pay all associated fees and handle directly all chargebacks,
refunds and other payment related issues. ePly’s responsibility is limited to linking
the online registration form to the gateway company and setting up the database to
record the result of the transactions.

ePly Managed

ePly will make reasonable efforts to provide the services described above. The Client
hereby agrees to waive any and all claims for any direct or indirect, special,
incidental, consequential or punitive damages or breach of lost profit the Client
has or may in the future have against ePly, its employees, agents, independent
contractors and representatives, in connection with the use of the services of ePly.
Furthermore, the Client hereby covenants and agrees to indemnify and save harmless
ePly, its heirs, executors, administrators, successors and assigns, from any and all
loss, damage, cost, expense or liability of whatever kind and nature which ePly may
sustain or incur by reason or in consequence of: (i) the collection of credit card
information by ePly for the Client pursuant to this agreement; and (ii) the failure of
the Client to perform any of the covenants, agreements, conditions and provisos contained
in this Agreement or arising from the cancellation or postponement of the event or the
failure of the Client to fully compensate ePly in respect of any and all processing fees,
credits and refunds, chargebacks, holdbacks or other amounts owing to ePly pursuant to
the terms of this Agreement.

Information concerning the business affairs, finances and methods of operation and other
confidential topics of either party (collectively “Confidential Information”) shall be
kept confidential by both parties and not disclosed unless (a) such information becomes
publicly available (b) written permission is granted by the owner of the information (c)
in response to a valid court order or governmental order, or (d) required by law.

ePly or the Client shall have the right to terminate this Agreement with 60 days prior
written notice or upon the occurrence of either of the following events: (a) either party
breaching or failing to perform any provisions of this Agreement and the same is not cured
within thirty (30) days after receipt of notice in writing specifying such breach; or (b)
either party’s failure to pay when due any monies owed hereunder and such failure to pay
continues for greater than thirty (30) days. No monies, except for those that were collected
for or on behalf of Client that are in excess of any monies due to ePly shall be returnable
or refundable upon termination of this Agreement for any reason, whether such termination
is by the Client or ePly. This includes any setup/maintenance fees charged by ePly. Rights
and obligations, which by their nature would be expected to survive, will survive the term
ending or any termination of this Agreement.

ePly will provide all services hereunder on a professional best efforts basis and will complete
all tasks in a diligent and expeditious manner. ePly commits to designing and programming
the online system to function as described in this Agreement. Neither this Agreement nor
any documentation furnished under it is intended to express or imply any warranty that the
online registration services will be uninterrupted or error-free or that the ePly website
will provide uninterrupted or error free service. The Client acknowledges that ePly does
not commit to supporting or specifying any particular browsing or operating platform, and
that ePly has the right at any time to modify its website, add/or alter features and
functions of the online registration services without notice to the Client.

ePly uses third party providers and provides no warranty and accepts no liability for
losses/failures resulting from non performance or failures of those providers (including
but not limited to Radiant Communications, NetNation Communications, Beanstream Internet
Commerce and other merchant processor, or hosting services).

Each provision of this Agreement shall be severable. If any provision of it is illegal
or invalid, the illegality or invalidity shall not affect the validity of the remainder
of this Agreement.

This agreement, and the terms and documents incorporated by reference, constitutes the
entire agreement between ePly and the Client for the event described above. Any previous
agreement or negotiations between ePly and the Client are superseded by this Agreement.

This Agreement shall enure to the benefit of and be binding on the respective heirs, executors,
administrators and assigns of each of the parties to it.

Neither this Agreement nor any of the Clients rights or responsibilities may be assigned,
subcontracted or otherwise transferred without ePly’s prior written consent. Any attempted
assignment, subcontract or transfer will be considered a material breach of this Agreement.

ePly reserves the right in its sole discretion to refuse service at any time.

This Agreement shall be governed by, and construed in accordance with, the laws of the
Province of British Columbia, Canada, regardless of the laws that might otherwise govern
under applicable principles of conflicts of laws thereof. Each party hereby irrevocably
submits to the exclusive jurisdiction of the British Columbia Court.

Neither ePly nor our customers shall be responsible for damages or for delays or failures
in performance resulting from acts or occurrences beyond their reasonable control, including,
without limitation: computer and internet viruses, fire, lightning, explosion, power
surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil
or military authorities or public enemies; any law, order, regulation, ordinance, or
requirement of any government or legal body or any representative of any such government
or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing,
or boycotts; inability to secure raw materials, transportation facilities, fuel or energy
shortages, or acts or omissions of other common carriers. No delay or failure to perform
shall be excused under this Section by the acts or omissions of ePly’s subcontractors,
vendors or suppliers unless such acts or omissions are themselves the product of a force
majeure condition described in this above.

The headings of the sections of this Agreement are for convenience and shall not by themselves
determine the interpretation of this Agreement.