Menu

Hero

Terms 2018

Terms 2018


Termini

Definitions

 

Explori Media Ltd – the owner of Explori, the online research software

 

Explori – the online research software available at www.explori.com

The Client – An organisation that purchases (a) licence(s) to use Explori or commissions a project

Super User – a senior representative of the Client who is responsible for overseeing the correct use of Explori on one or more products

Primary User – an employee of The Client who is responsible for using Explori within the Client and appointed by a Super user



Terms of use for Software Licences

 

Licence Conditions

 

Each Explori licence is issued to a single event / publication / attraction brand and the software is only to be used to conduct research directly related to that brand / location. Any associated or non-associated event, conference, magazine or website i.e. a distinct and separate product owned by the Client organisation is not permitted to use Explori. In the instance where any other product within the Client organisation requires the use of Explori, a licence must be purchased for the other product. In the instance where unauthorised use takes place for a product/company that does not hold a legitimate licence, the standard licence fee as agreed in the service agreement will be charged to the Client organisation. If there is any doubt as to who or which parts of the Client’s business are permitted to use Explori, please contact Explori Media Ltd.

For event clients: An event that takes place more than once per year or in more than one location requires one licence for each event i.e. if an event under the same or similar brand takes place twice a year, 2 licences are required. Events that take place less frequently than once a year need only have one licence for each show cycle. Co-located events that are marketed under separate brands are also treated as separate events and therefore require a separate licence per event.
 

Passwords


Explori enforces the use of strong passwords.  Passwords must not be shared. There is the facility for individual users to be added and deleted.  It is the Client’s responsibility to ensure that employees who change roles or leave the organisation have their access revoked, either by updating the system directly, or requesting via support@explori.com
The Client must inform Explori Media Ltd immediately should it feel that system security has been comprised in any way within their organisation e.g. if IT equipment has been stolen.

 

It is the Client’s responsibility to keep their usernames and passwords safe and confidential at all times. Users are not permitted to share their access details to any other company or individual outside of the Client organisation. It is the relevant Super User’s responsibility within the Client organisation to ensure that access to Explori is only provided to those that require it for legitimate use of the software.

 

Super Users


It is the Client’s responsibility to ensure that Super Users are appointed to oversee the correct use of Explori on all events within the Client organisation. The Client must inform Explori Media Ltd when Super users are appointed and when they cease to be a Super User i.e. if they should leave the Client’s employment or relinquish their responsibility as a Super User. The Client can control who their Super Users are within their Explori online account. Super Users have the control to appoint Primary Users to have access to Explori on each licenced event.

Unsubscribes


It is a requirement of using the platform that an unsubscribe link and information regarding the sender’s privacy policy is included with every survey send. This is enforced in the Explori email platform and the Client must not attempt to circumnavigate this.

 

If the Client elects to distribute a survey using an alternative email platform, it is the Client’s responsibility to ensure that any email database used for Explori research has been gathered in a manner that complies with General Data Protection Regulations (GDPR) if it contains the information of any EU citizen, or other relevant local legislation and that appropriate privacy and unsubscribe measures are put in place.


Use of Explori’s Email Function


Explori’s email function is only to be used to send Explori surveys and not for any other communication whatsoever. In the instance that Explori’s email facility is used for any unauthorised purpose The Client will be charged a premium of 5p for each unauthorised individual email sent.

 

Payment Terms

 

Access to Explori software is provided via the purchase of a licence for an agreed period comprising a single show cycle or a 12 month period. The licence is only activated after full payment has been received. Explori generates electronic invoices and/or statements for all Clients either in advance or at the point of payment depending on whether the Client purchases their licence(s) online or from an Explori Media Ltd representative.

 

Payment is due in advance of project commencement or 30 days from receipt of invoice, whichever is sooner.

Price Increases


Licence fee increases will occur either on an annual or bi-annual basis at Explori Media Ltd’s discretion. Clients will be notified of price increases no less than 4 weeks in advance of the licence renewal date. Prices increases will not take place retrospectively i.e. they will only take effect from the next renewal date.


Cancellation of Licences


The licence agreement is a rolling contract which automatically renews each event cycle or licence period. There is a minimum licence period of one year for each annual event licence and 2 years for each biennial event licence. Licences for publications and visitor attractions have a period of 12 months.  Once a licence fee has been paid, the licence commences. Cancellation can only take effect after the minimum licence period is complete and no refund is provided. During a licence period, the Client can cancel a licence thus preventing the automatic renewal of the licence for next licence period. The licence renewal date is exactly 12 months (or 24 months in the case of biennial events) after the initial booking or the most recent licence renewal took place. Cancellation notice must be received in writing strictly no less than 31 days before the licence renewal date. Cancellation notice received after this point will not be accepted and payment for the next licence period must be made for each licence held. Cancellation notice must be emailed to cancellations@explori.com and cancellation is only accepted from a Super User or company director. Please ensure that you apply email tracking so you can be sure that your cancellation email has been received.
 

Full Service and Agency Projects

 

Definitions:

 

 

  • “The Client” is defined as a company and or any representative of a company who has provided any instruction as defined herein to Explori Media Ltd to conduct market research or provide consultancy services on behalf of “The Client”.
  • By instructing Explori Media Ltd to conduct market research or consultancy services either by email in writing or by verbal order “The Client” agrees forthwith to abide by the provisions within these Terms & Conditions.

 

 

DATA:

 

 

  • Any purchase of third party data in support of any project is excluded from the agreed remuneration for the project and shall be invoiced separately and payment for such should be received within 7 days of the date of the invoice. The purchase of any such data will be pre-approved.
  • Explori Media Ltd accepts no responsibility for the quality of any databases or information provided by “The Client” for research or consultancy purposes and The Client hereby acknowledges that the provision of such data or information in no way obliges Explori Media Ltd to perform its duty if in Explori Media Ltd's professional opinion the databases or information provided is not to an acceptable standard. In such cases Explori Media Ltd will inform The Client and will work with The Client to find remedies but the provision of sub-standard databases or information will not release The Client from its obligations under these Terms & Conditions.
  • “The Client” hereby accepts responsibility to ensure that all data and databases provided to Explori Media Ltd for market research purposes comply with current Data Protection law and are properly and regularly cleansed and where appropriate indicate opt out customers and or has removed customers who have denied permission to contact them.

 

 

Payment

 

Payment is due in advance of project commencement or 30 days from receipt of invoice, whichever is sooner.

 

 

Changes or Cancellations to Projects:

 

 

  • Any changes or delays to the project or the research questionnaire or discussion guide after the commissioning of the project as indicated herein in the “Definitions” above by “The Client” may incur incremental fees or charges to be levied at the sole discretion of Explori Media Ltd and such fees or charges will be commensurate with those that would be reasonably expected for any change or delay to the project or pro-rata to the rate charged in the quotation given or to the day or number of days of delay or to normal charges that would be incurred for the implementation of a change of research specification.
  • A cancellation fee will be levied for 100% of any out costs incurred on the client’s behalf before cancellation. In addition to any out costs 50% of the total agreed fee will be due if cancellation occurs within eight weeks of the commencement of the project, 75% of the total agreed fee will be due if cancellation occurs within four weeks of the project and 100% of the total agreed fee will become due if the project is cancelled beyond the commencement date.

 

 

Disclaimers:

 

 

  • Any research conclusions or recommendations given to The Client by any representative of Explor Media Ltd either verbally or in writing will be based on the findings of the research conducted and as such Explori Media Ltd accepts no responsibility for other conclusions or any actions taken by The Client thereafter.
  • Any consultancy recommendations or business advice given by any representative of Explori Media Ltd​ either verbally or in writing will be based on Explori Media Ltd​’s known business experience and as such Explori Media Ltd​ accepts no responsibility for other recommendations or any actions taken by The Client thereafter.
  • For any and all projects undertaken by Explori Media Ltd​ on behalf of The Client, The Client accepts that the limit of the liability or any damages that may be claimed as a result of a part or complete failure by Explori Media Ltd​ in its obligations is wholly restricted to the quoted value of the project or the subsequently agreed value of the project or part thereof whichever is less minus any external costs incurred by Explori Media Ltd​ in the pursuance of the project.
  • Explori Media Ltd​ will use all reasonable endeavours to ensure the timely delivery of data, results, analysis, interpretation, and reporting but in all circumstances, The Client accepts that the collection of data from the market may result in unforeseen delay and therefore Explori Media Ltd​ reserves the right in such circumstances to extend the period of any project without penalty. In such cases Explori Media Ltd​ will inform the client in writing or by other means.
  • Explori Media Ltd​ will use all reasonable endeavours to ensure that interviews and or focus groups including the numbers of respondents and focus group participants are conducted with the intended target sample but where unforeseen circumstances arise and where this type of research cannot be conducted as planned Explori Media Ltd​ reserves the right to interview whom it alone deems the next most appropriate individual and or may seek to reschedule interviews or focus groups without penalty. Where these circumstances arise Explori Media Ltd​ will notify The Client.
  • Explori Media Ltd​ will use all reasonable endeavours to ensure the accuracy of the data and will ensure that the data is available for inspection within 28 working days of a written demand of The Client to this effect or sooner if reasonably possible.

 

 

 

All Projects, Including Licence Only, Full Service and Agency Projects

 

Confidentiality 

Our Clients’ safety


Our commitment to our Clients is that their data be treated as confidential and remain safe at all times. Explori Clients each have their own private area within Explori which is protected so that only those with access to the usernames and passwords can access it. Explori’s user interface has been designed in such a way that no Client can access another Client’s data. The Clients’ data always remains their own property. Explori Media Ltd guarantees that that we will not take action to put any Client’s data in the public domain, no matter how small or inconsequential without the Client’s express permission.

Data Explori Owns


Explori Media Ltd retains the right to use all anonymised client data where relevant to produce aggregated, overall market statistics and reports. In doing so, Explori guarantees that no Client’s or individual’s data will ever be identifiable in the public domain. Typically this will involve producing benchmark statistics so that our clients can compare the performance of their events to the industry average. Explori Media Ltd is the exclusive owner of the aggregated market research and it is Explori Media Ltd’s prerogative to use the aggregated findings in support of our clients. However, Explori Media Ltd does retain the right to use our aggregated statistics from time to time in press materials or in any way that Explori Media Ltd deems appropriate from the promotion of our software and the promotion and education of the events industry and the wider community. To re-iterate, at no point will any individual, individual event’s or company’s data ever be made public.

 

 

Clients using the Software in Italy (the “Territory”) acknowledge that Explori Media Ltd have an Agency Agreement dated January 2016 with GRS s.r.l. Via Cavalieri di Vittorio, V.14, 30030 Martellago (VE) Italy (the “Agency Agreement”) under which GRS s.r.l. provides support services to Clients using the Software in Territory.  Clients using the Software in the Territory permit Explori Media Ltd the right to grant GRS s.r.l. : 1) the right to access and view their benchmarking data on a non-anonymised basis during the term of the Agency Agreement and to use such data for business reports on an anonymised basis only; and 2) the right on termination or expiry of the Agency Agreement to retain one copy of their benchmarking data to use it on an anonymised basis only.

 

 

Clients using the Software in the Middle East and North Africa (the “Territory”) acknowledge that Explori Media Ltd have an Agency Agreement dated May 2016 with GRS Explori, Sheikh Rashid Tower Level 7, Office 007 Dubai, United Arab Emirates (the “Agency Agreement”) under which GRS Explori provides support services to Clients using the Software in Territory.  Clients using the Software in the Territory permit Explori Media Ltd the right to grant GRS Explori : 1) the right to access and view their benchmarking data on a non-anonymised basis during the term of the Agency Agreement and to use such data for business reports on an anonymised basis only; and 2) the right on termination or expiry of the Agency Agreement to retain one copy of their benchmarking data to use it on an anonymised basis only.

.


Internal Staff Policy


For the further protection and reassurance of our Clients, it is our own internal policy that all directors, employees, suppliers and anyone else who has access to Client data must sign a non-disclosure agreement guaranteeing that they will not divulge to any third party any Client’s data. By third party we mean any individual outside of our organisation (suppliers are defined as part of our organisation) with the exception of the Client themselves. In the extremely unlikely case where an individual within our organisation breaches the terms of the NDA, Explori Media Ltd guarantees to take legal action against the individual.

System Security


Explori Media Ltd maintain a number of best practice physical, procedural and cloud based security measures to provide appropriate security for all data stored and protect it from accidental or unauthorised access whether physical or virtual.  All staff who have access to data as part of their role are subject to identity checks and undertake regular training.

 

Further questions will be answered on request and the execution of a non-disclosure agreement.

 

 

Processing of Personal Data

 

 

Explori warrants that they will:

 

  • only act on the written instructions of the Client;
  • ensure that people processing the data are subject to a duty of confidence; for example in the form of a Non-Disclosure Agreement or Employment Contract;
  • ensure that people collecting and processing the data have sufficient training in the appropriate handling of personal data and the relevant legislation;
  • take appropriate measures to ensure the security of processing, including reasonable precautions to secure the data from accidental or unauthorised access whether physical or virtual;
  • will promptly notify the Client of any accidental or unauthorised access;
  • not to suffer the transfer of personal data via unsecure methods
  • only engage sub-processors with the prior consent of the Client and under a written contract;
  • assist the Client in providing subject access and allowing data subjects to exercise their rights under the General Data Protection Regulations (GDPR) or other relevant legislation;
  • will promptly notify the Client about any request received directly from a data subject without responding to that request unless it has been otherwise authorised to do so;
  • assist the Client in meeting its GDPR and other legal obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments;
  • delete all personal data at the end of the contract. Unless agreed otherwise, the deletion schedule is one month after survey close for non-completes and a maximum of 12 months after survey close for completes; and
  • submit to audits and inspections, provide the Client with whatever information it needs to ensure that they are both meeting their Article 28 obligations, and tell the Client immediately if it is asked to do something infringing the GDPR or other data protection law of the EU or a member state.
  •  indemnify the Client against the  Client's entitlement under Data Protection Law to claim compensation from Explori for any claims resulting from a breach of Data Protection Law, to which the Supplier contributed.  The Explori shall be liable only for such amount as it directly relates to its responsibility for any damage caused to the relevant data subject.For the avoidance of doubt, Explori shall only be liable to make payment to the Client under this clause on receipt of evidence from the Client that reasonably demonstrates Explori:

a) has breached Data Protection Law;

b) that such breach has contributed (in part or full) to the harm caused and entitling the relevant data subject to receive compensation in accordance with Data Protection Law; and

c) the proportion of responsibility for the harm caused to the relevant data subject which is attributable to Explori​
 

 

 

The Client warrants that they will:

 

  • only provide or upload data for processing that has been collected in compliance with GDPR if it contains the personal data of EU citizens, or other applicable local regulations designed to protect personal data;
  • ensure that only authorised team members have access to personal data via the Explori platform, including the appropriate use of passwords and promptly informing Explori should access rights need to change;
  • take appropriate measures to ensure the security of processing, including reasonable precautions to secure the data from accidental or unauthorised access whether physical or virtual;
  • will promptly notify Explori of any accidental or unauthorised access;
  • not to suffer the transfer of personal data via unsecure methods;
  • assist the Explori in providing subject access and allowing data subjects to exercise their rights under the GDPR or other relevant legislation;
  • will promptly notify Explori about any request received directly from a data subject that requires action on the part of Explori
  • assist Explori in meeting its GDPR and other relevant legal obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments;
  • not ask Explori to undertake any processing that is not compliant with GDPR or other relevant legislation
  • indemnify Explori against Explori's entitlement under Data Protection Law to claim compensation from the Client for any claims resulting from a breach of Data Protection Law, to which the Client contributed.  The Client shall be liable only for such amount as it directly relates to its responsibility for any damage caused to the relevant data subject. For the avoidance of doubt, the Client shall only be liable to make payment to the Explori under this clause on receipt of evidence from Explori that reasonably demonstrates the Client:

a) has breached Data Protection Law;

b) that such breach has contributed (in part or full) to the harm caused and entitling the relevant data subject to receive compensation in accordance with Data Protection Law; and

c) the proportion of responsibility for the harm caused to the relevant data subject which is attributable to the Client

 

 

Explori reserves the right to decline to perform any tasks under this agreement which to the best of their belief are not compliant with GDPR or other relevant legislation, without penalty and without invalidating any other part of this agreement.

 

 

Use of sub-processors:

 

Explori only works with sub-processors where data is gathered outside the EU. ie Where the event takes place in the Middle East or Africa. This sub-processor is GRS Explori, a joint venture between Explori and GRS.  http://www.grsnet.it/

 

They are bound by a sub-processor agreement which outlines the commitments above.  The use of any other sub-processors specifically required by the project will be agreed in writing with the client on a case-by-case basis.

 

 

Transfer of data outside the EU:

 

Explori operates an office in Hong Kong with employed researchers.  Whilst they predominately process data collected in Asia, there are some occasions where they may assist the UK team with processing data collected in other regions, including the EU, either to give extended support hours or to handle high volumes of work in a timely manner.

 

 

All Explori team members in Hong Kong adhere to the same standards as the UK team and have received specific training on handling personal data in compliance with GDPR and other relevant data protection legislation. Please advise Explori in writing if you would like to restrict processing to the EU, with the caveat that it may on occasion limit our ability to meet short deadlines during busy periods.

 

Intellectual Property and Source Code


The Client agrees that it will not, directly or indirectly, or through any intermediate or ultimate parent, affiliate, holding company, subsidiary, subsidiary of any such holding company, agent or other third party:
a)    sell, lease, license, sub-license, encumber or otherwise deal with the Software or Documentation or any portion of the Software or Documentation;
b)    decompile, disassemble, reverse engineer or attempt in any manner to derive any source code version of the Software or any portion of the Software, unless and only to the extent required and permitted under applicable national law;
c)    provide, show, disclose, divulge or make available to, or permit use of the Software by persons other than  the Client's employees without Explori Media Ltd's prior written consent in line with the above Licence Conditions
d)    remove or alter any copyright or other proprietary notice on any of the Software or the Documentation;

The source code and all intellectual property rights in the Software and the deliverables resulting from any Services remain the property of Explori Media Ltd at all times. 

All vested, contingent and future intellectual property rights  including but not limited to copyright, trademarks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions,  get-up, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world whether now known or created in future to which Explori Media Ltd may be entitled to shall remain the property of Explori Media Ltd. The Client shall notify Explori Media Ltd immediately if the Client becomes aware of any unauthorised use of the whole of any part of the Software by any person.  The Client at no time should copy, replicate or reproduce the Software, including without limitation the back office, front of site design and layout, code or any processes involved with the Software without prior knowledge and written authorisation by Explori Media Ltd.

 

Completion incentives

 

Unless agreed otherwise in writing, any incentives offered to increase participation in the survey or research project are at the expense of the client.  Where these are administered by Explori, a management fee will be charged. 

 

 

Non-solicitation

 

For the duration of the contract and for a period of six month after, neither the Client nor Explori Media Ltd will attempt to solicit for employment any member of the project team, nor any other team member closely related to the delivery of the contract.

 

Limitation of liability

 

Amount

 

In no event will the total aggregate liability of either party in connection with or under this agreement exceed the total amount of fees and charges collected by Explori Media Ltd under this agreement. For greater certainty, the existence of one or more claims under this agreement will not increase the maximum liability amount. In no event shall Explori Media Ltd’s suppliers have any liability arising out of or in any way connected to this agreement.

 

Type

 

In no event shall either party be liable to the other party for any (i) special, indirect, incidental or consequential damages, (ii) lost savings, profit, data, use, or goodwill, (iii) business interruption even if notified in advance of such possibility, or (iv) personal or property damage arising out of or in any way connected to this agreement, regardless of cause of action or the theory of liability, whether in contract, tort (including negligence, gross negligence, fundamental breach, breach of a fundamental term) or otherwise. In no event shall Explori Media Ltd be liable for procurement or costs of substitute products or services. 

 

Force Majeure

 

In the event of any unforeseen cause that is beyond the reasonable control of either party resulting in a delay or disruption to any project or project deadline Explori Media Ltd will use its reasonable endeavours to ensure that the project is completed at the next convenient date as will be arranged with The Client upon any such occurrence and as such accepts no responsibility financial or otherwise on such occasions. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

 

Changes to the Terms & Conditions


Explori Media Ltd has the right make changes to these terms and conditions where required. However, anything related to the protection and confidentiality of Client data will not be changed without a minimum ‘4 week consultation period’ whereby all clients will be notified in advance of the commencement of the consultation period and the proposed changes. In this instance, should any client not be completely satisfied with the proposed changes, they will (a) have the opportunity to feedback their feelings to Explori Media Ltd in advance of any changes taking effect and (b) have the right to cancel their licence(s) and receive a full refund for any licences that have not yet been used within the relevant licence year. At any point in time, our clients are encouraged to provide feedback of any kind via feedback@explori.com or via an Explori representative.​​

 

Find out more about Explori and how we can help you now

Our Stats

2,900,978

Event survey responses

2,006

Events globally already 
benchmarking with Explori

17

Average completion rate 
to clients' post-show surveys 

What they say

  • With Explori’s reports and analytics, we’re much better equipped to evaluate the customers' satisfaction and needs from our events
    Paul Byrom
    MD, Upper Street Events
  • The level of performance data and customer insight that Explori gives us is invaluable to our business and makes my life easier.
    Matthew Benyon
    MD, easyFairs UK
  • We wanted deeper insight into how our strategies impacted the delegate experience, but found conventional survey tools just couldn't deliver. Moving to Explori has completely changed this.
    Jan Barthelemy
    Head of AU & NZ Digital Marketing dmg events
  • We work with Explori to gain deeper insights into our events. The ability to compare results directly with similar events in our portfolio and against industry standards will be incredibly helpful
    Baris Onay
    Group Marketing & Digital Director, ITE
  • Analysis that could have taken the team days was available within hours of the survey going live. We could immediately see how the new German events had performed, against the context of our existing shows. Information like this is essential for informing future business strategy.
    Austen Hawkins
    MD, F2F Events
  • Robust performance metrics and customer feedback is essential for achieving maximum customer satisfaction. Explori will allow us to reach all our exposition delegates regardless of language or location.
    Art Paredes
    Sr. Director, Global Expos, SEMI
  • Explori helps us gain deep insights into the customer experience across our business. Without it, understanding our key performance metrics would be considerably more challenging.
    Andrew Evans
    (former) MD, Centaur Exhibitions
  • Our expansion plans are about both organic and acquired growth and Explori is key to our ability to understand the health and performance of existing assets, as well as those that we’re looking to acquire.
    Renaud Hamaide
    CEO, Comexposium

Our Clients