Event Technology Terms

TECHNOLOGY TERMS AND CONDITIONS

LIMITATION OF LIABILITY

EXCEPT FOR CLAIMS FOR PHYSICAL INJURY TO PERSONS, MILLENNIUM TECHNOLOGY GROUP (MTG) AND ITS SUPPLIERS OR SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM CUSTOMER’S USE OR INABILITY TO USE THE SYSTEM EITHER SEPARATELY OR IN COMBINATION WITH OTHER EQUIPMENT OR SOFTWARE OR FOR COMMERCIAL LOSS OF ANY KIND (INCLUDING LOSS OF BUSINESS PROFITS) BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT OR ANY OTHER LEGAL THEORY WHETHER OR NOT MTG OR ITS SUPPLIERS OR ITS SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL LIABILITY EXCEED A REFUND OF AMOUNTS ACTUALLY PAID TO MTG BY COMPANY FOR THEIR NETWORK ATTACHMENT.

SERVICES ARE PROVIDED BY MTG ON AN ‘AS IS’ AND ‘AS AVAILABLE BASIS. MTG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MTG SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN MTG SERVICE.

NO WARRANTIES ARE MADE OTHER THAN PROVIDING YOU WITH OUR EQUIPMENT IN GOOD WORKING ORDER. YOU ACKNOWLEDGE THAT BOTH THE EQUIPMENT AND THE MANUFACTURERS OF SAID EQUIPMENT ARE ACCEPTABLE TO YOU. YOU FURTHER ACKNOWLEDGE THAT WE HAVE NOT MADE AND DO NOT MAKE ANY WARRANTY EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO: A) THE FITNESS OR DESIGN OF THE EQUIPMENT; B) THE MERCHANTABILITY OF THE EQUIPMENT OR IT’S FITNESS FOR ANY PARTICULAR PURPOSE; C) ANY PATENT, COPYRIGHTS OR TRADE SECRET INFRINGEMENTS AND D) THE COMPLIANCE OF THE EQUIPMENT WITH ANY REQUIREMENTS OF LAW, RULES, SPECIFICATIONS OR CONTRACT.

  1. CONDITION FOR PROCESSING SERVICE CONTRACT/ON-TIME INSTALLATION:
    1. If paying by credit card, payment for service must be received prior to services being delivered.
    2. Incomplete contract forms will delay processing and can prevent the timely installation of services.
    3. Booth number(s) must be identified on face of form.
    4. Complete Floor Plan itemizing location of connections in booth must be designated on form or customer provided diagram(s) 3 days before move-in date.
    5. Orders /changes received on day of show move-in will be worked after other orders are complete.
  2. TERM

The rental shall commence on the day the equipment/services are delivered to you and shall continue until the equipment/services are returned, complete and in good working order.

  1. TITLE

Only MTG personnel are authorized to modify system wiring or cabling. Material and equipment furnished by MTG for this service order shall remain the property or MTG. You acknowledge that the equipment/services rented by you belongs to us and that you cannot sell, pledge, mortgage or otherwise dispose of the equipment.

  1. LOCATION

The equipment shall be kept at the location you have provided us and may not be moved or relocated without our prior written permission. In the event of loss, you agree to promptly reimburse us for the replacement cost of such equipment and claims for all losses and injuries caused by such equipment.

  1. USAGE

You may use our equipment, but you may not abuse or damage it. In particular, you must provide a suitable location, including appropriate electrical power, for our equipment and comply with the manufacturer’s operating instructions. If any software is supplied with the property, you agree to be bound by all applicable licenses and copyright laws.

  1. USE OF NETWORK CONNECTIONS
    1. The network connection provided by MTG may be used only by the employees of Customer, your agents and consultants while performing service for Customer and will not be resold or distributed to other companies. The services being provided by MTG will facilitate communications between Customer’s authorized users and the entities reachable through the national Internet. Users of MTG services shall use reasonable efforts to promote efficient use of the networks to minimize, and avoid if possible, unnecessary network traffic and interference with the work of other users of the interconnected networks.
    2. Users of MTG services shall not disrupt any of the MTG or other associated networks in part or as a whole. MTG services shall not be used to transmit any communication where the meaning of the message, or its transmit distribution, would violate any applicable law or regulation or would likely be highly offensive to the recipient or recipients thereof.
    3. Wi-Fi devices and services can be vulnerable to interference from other Wi-Fi devices that transmit similar radio frequency signals that operate within the same frequency spectrum (5 GHz, 2.4 GHz).  MTG does NOT recommend wireless service for mission critical services.
    4. All devices for which MTG directly or indirectly provides Internet/Network connectivity must pay a connection charge or purchase a MTG assigned IP address.
    5. The choice of Internet Service Provider (ISP) is at the sole discretion of MTG.
    6. MTG is the exclusive provider of all wired and wireless data services.
    7. No Customer provided access points are authorized for use within the property without written authorization from MTG.  Approval of wireless access points without adjustable power outputs cannot be authorized under any circumstances. Customer(s) who attempt to set up their own wireless system may interfere with the MTG Wireless Network. Anyone wishing to showcase wireless products must contact MTG three weeks in advance of their show to investigate the potential of MTG engineering a customized cohesive network operating without interference.
    8. Rates listed include a single IP address via DHCP, bringing the service to the booth/room in the most convenient manner and does not include computer equipment, NIC card, TCP/IP software or power to the booth.
    9. Millennium Technology Group (MTG) is the exclusive provider for wired and wireless services for Rosen Hotels & Resorts and has in operation a wireless 802.11 a / g / n / ac system. Routers, Streaming Applications, VoIP, DHCP, NAT or Proxy Servers are not allowed with this service without prior written authorization from MTG.
  2. REPAIRS

During the term of rental, we are responsible for the maintenance of our equipment resulting from every day wear and tear. If the equipment malfunctions, you must notify us immediately and we will, at our discretion, repair or replace the defective equipment in a timely manner. If the equipment is damaged in any manner you will be responsible for all costs, including but not limited to service fees, repair fees, or full replacement costs.

  1. CREDIT APPROVAL

We are not obliged to deliver the equipment unless and until your credit is approved by us.

  1. PAYMENT

Payment & Order forms must be received no later than 14 days prior to the first day of the event. If ordering on site or after event move-in has started there is a $150 On Site Order Fee that will be applied. Pricing listed on this contract does not include applicable Federal, State, Local or other Taxes. Taxes/Tax and local surcharges will be included in your final bill. All invoices are due upon receipt. The Customer shall not be entitled to set off or to suspend a payment.

  1. LATE CHARGES

If any payments have not been made by the conclusion of the event, we may impose a late charge of 1.5% per month or such lesser maximum amount allowed by applicable law.

  1. WIRELESS SPECIFIC

The use of any wireless device that interferes with the facility wireless data frequency is prohibited.

  1. SHARED INTERNET SERVICES SPECIFIC

Proxy Servers are not allowed with any of MTG’s shared Internet/Network Services. This includes, but is not limited to, Premium Internet & Basic Internet. MTG can engineer a custom dedicated network(s) to accommodate such special requests.

  1. ORDER FORM

Rates listed include a single IP address with standard installation to the booth/room in the most convenient manner. To connect additional devices to the bandwidth product a MTG assigned IP address or additional device charge must be purchased.

  1. INTERNET PERFORMANCE DISCLAIMER

MTG does not guarantee the performance, routing, or throughput, either expressed or implied, of any data connectivity with regards to the Internet and/or Internet backbones beyond any facility we service.

  1. INTERNET SECURITY DISCLAIMER

MTG does not provide security, such as but not limited to firewalls etc. for any data connection(s) we provide. It is the sole responsibility of the exhibitor or Customer to provide any necessary security. With execution of this document the Customer is agreeing to the Terms and Conditions of this document and will hold MTG; its agents and contracts harmless for any and all liabilities arising from the use of non-secured data circuits.

  1. VIRUS PROTECTION REQUIREMENT – WARNING

MTG requires that all devices directly or indirectly accessing MTG’s Network have the latest malware and/or anti-virus software, windows security updates, system patches, and any other technological precautions necessary to protect yourself and others from viruses, malicious programs and other disruptive applications. Any device, which adversely impacts MTG’s Network, will be disconnected from the network with or without prior notice at MTG’s discretion. The device(s) in question will remain disconnected from the network until all issues are adequately resolved. Additional charges may apply for trouble diagnosis and/or problem resolution.

  1. PERFORMANCE

MTG shall, to the best of its ability, do its utmost to perform the services with due care and, where appropriate, in accordance with the agreements and procedures recorded in writing with the Customer. All of MTG’s services shall be performed on the basis of a best efforts obligation, unless and insofar as the MTG has expressly promised a result in the written Agreement and the result concerned has also been described with sufficient definiteness. Any agreements concerning a service level must always be expressly agreed in writing.

  1. MODIFICATION AND ADDITIONAL WORK

If, at the request of or with prior consent from the Customer, MTG has performed work or rendered other performances which goes beyond the substance or scope of the agreed services, the Customer shall pay for that work or performance according to our usual rates. Expanding or modifying a system analysis, a design or specifications shall also constitute additional work.

  1. PUBLICITY

Notwithstanding anything to the contrary in the Agreement or applicable Statements of Work, MTG shall be permitted to disclose in summary form the nature of work performed for clients under the applicable Statement of Work; however, MTG shall not disclose the proprietary business processes of Client or otherwise result in any breach of any other term of this Agreement.

  1. RENEWALS AND RATE CHANGES

The rental will automatically be renewed to Customer for successive rental periods following the initial rental term or charged for replacement where equipment is not returned or damaged.

  1. CANCELLATIONS & ADJUSTMENTS

No adjustments to invoices will be made after the close of the Event. Claims will not be considered unless filed in writing by Exhibitor/Client prior to close of Show/Event. All orders cancelled within 72 hours of the first day to the Event whether it be by the Exhibitor, due to the cancellation of an Event or their non-participation, will be charged a cancellation fees equal to 50% – 100% of the total order, based on the status of move-in, work performed and/or MTG set-up costs or expenses. Some broadband services and special circuits cannot be cancelled once ordered and will incur full charges listed /quoted. Credit will not be given for service installed and not used.

  1. INDEMNIFICATION
    1. You shall defend, indemnify and hold MTG harmless against all costs and expenses, including reasonable attorney’s fees, associated with the defense or settlement of any claim that:
      1. MTG’s use, access or modifications of any software that you have requested that we use, access or modify as part of the Services infringes any patent, copyright, trademark, trade secret or other intellectual property right, or
      2. Your use of any Services in violation of any requirements or representations in this agreement violates any law or infringes any patent, copyright, trademark, trade secret or other intellectual property right.
    2. You further shall pay any judgments or settlements based on any such claims.
  2. GENERAL PROVISIONS
    1. The laws of the State of Florida shall govern this Agreement between you and MTG.
    2. Although you do not have the right to assign this Agreement, we do. If we exercise this right, we may direct you to make all future payments to another party at their address.
    3. You hereby waive trial by jury in any action or proceeding pertaining to this Rental Agreement.
    4. Paragraph headings are for convenience only.
  3. PERSONAL DATA PROTECTION
    1. “Personal Data” means any information regarding any identified or identifiable person associated with the meeting, that may be provided or discovered during the course of performing under the meeting Agreement. MTG may process and use the Personal Data only to the extent necessary to perform its obligations under the meeting Agreement. MTG may disclose the Personal Data only to MTG’s agents, employees and subcontractors as necessary to perform the MTG’s obligations under the meeting Agreement, who have received training on the handling of Personal Data, and who are bound by confidentiality obligations. MTG may disclose Personal Data as required to fulfill regulatory or legal requirements within the hospitality industry. MTG may not sell, rent or lease Personal Data to any other party. MTG may not use any Personal Data to send direct marketing materials to Client, its members or employees, unless they have provided their explicit written consent or have otherwise provided personal data for such purpose, i.e. have opted in to receive such materials from MTG.
    2. MTG will use the same reasonable degree of care to prevent the unauthorized use, dissemination or publication of the Personal Data, as it uses to protect its own information of similar nature, and will implement any technical and organizational measures to protect personal data which are required by applicable law. MTG will adhere to applicable export, personal data protection and security laws, regulations and rules when collecting, using, storing, transferring and otherwise processing Personal Data. MTG agrees to notify Client to the extent that it is required by law if it becomes aware of any actual, suspected or alleged unauthorized use of, disclosure of, or access to Personal Data by itself or others that also creates a notification obligation to affected individuals under state or federal law. In the event of such a security incident, MTG will cooperate with Client in accordance with the applicable laws, including: conducting the investigation; cooperating with authorities; and notifying affected persons, credit bureaus, other persons or entities deemed appropriate by the Client.
  4. CUSTOMER EQUIPMENT

Customers wishing to place their equipment within the IDFs must obtain authorization to do so through MTG. MTG nor Rosen Hotel & Resorts will be held responsible for the loss or damage of Customer provided equipment. This includes but not limited to damage due to power, liquids, leaks, or other events. Plugging in to any outlet or circuit currently utilized by MTG equipment or Rackspace is strictly prohibited. Power must be ordered from the hotel’s convention power provider. All access to IDF’s require a representative from MTG to be present at all times. No keys will be issued to a Customer or group and the door must remain securely locked at all times. All patching and un-patching of ports and or fiber can only be performed by a MTG representative.

  1. ENTIRE AGREEMENT

These terms and conditions together with any documents expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal: between us in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other that those expressly stated in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in these Terms and Conditions.