In-Person Add-Ons are optional solutions for elevating Your in-person events and currently consists of Technicians as defined and subject to Section 3 below, and/or Devices (which includes accessories and consumables) as defined and subject to Section 4 below.
The In-Person Add-Ons dashboard and platform and its associated software, services, products, information, networks, components, APIs, and Documentation, is deemed to be part of the “Platform.”
2. FEES AND PAYMENTS
2.1 Subscription Plans. Use of any In-Person Add-On requires purchase of a Hopin Events or Boomset Subscription Plan.
2.2 Post-event Invoices. If applicable, Hopin will issue a post-Event invoice for Services that had not previously been charged within thirty (30) days of the Services being delivered. These Services may include, but are not limited to shipping handling fees, overtime, travel expenses, and meals. All fees payable in any post-Event invoice are due within 14 days of the invoice date unless agreed to otherwise in the Order.
2.3 Cancellations and adjustments. The Subscription Plan and Subscription Period are non-adjustable. However, Hopin will consider requests to cancel or adjust delivery dates for In-Person Add-Ons per the following process (“Adjustment Requests”):
(a) Submitting requests - Adjustment Requests must be submitted via email to [email protected] If the Adjustment Request is accepted, You will receive an email from Hopin to confirm and specify any next steps involved in the adjustment. If You do not receive written confirmation from Hopin that the adjustment has been accepted, You remain bound by Your original Order.
(b) Incurred Direct Expenses - You agree to pay any invoices that Hopin issues for direct expenses incurred by Hopin in connection with the canceled or adjusted services. This includes, but is not limited to, expenses incurred in relation to travel, accommodation, shipping, hardware, stock items, artwork or custom branding, and service fees associated with the intended provision of such services (“Incurred Direct Expenses”).
(c) Accepted Adjustment Requests - where Hopin accepts Your Adjustment Request:
(i) more than thirty (30) days before the first delivery date for any Technician or Devices (“First Delivery Date”): the fees for Technicians and/or Devices under the initial Order (“Relevant Fees”) remain due and payable in accordance with the Order. 100% of the Relevant Fees, less any Incurred Direct Expenses, will be converted to credit to Your account for use at Your next Event that occurs during the Subscription Period;
(ii) less than thirty (30) days but more than five (5) business days before the First Delivery Date: the Relevant Fees remain due and payable in accordance with the Order. 50% of the Relevant Fees will be incurred as service adjustment cost, and the balance, less any Incurred Direct Expenses, will be converted to credit to your account for use at your next Event that occurs during the Subscription Period;
(ii) five (5) business days or less before the First Delivery Date: the Relevant Fees remain due and payable in accordance with the Order. 100% of the Relevant Fees will be incurred as service adjustment cost and You will additionally be invoiced for any Incurred Direct Expenses.
(d) Rush charges for additional services - Adjustment Requests relating to ordering additional Technicians and/or Devices (“Addendum”) which are received less than sixty (60) days before the first date the services will be required are subject to rush charges of no less than 10% of the additional services. Any Addendum requested less than thirty (30) days prior to the first date the services will be required is subject to rush charges of no less than 20% of the additional services and may not be serviceable by Hopin.
3.1 Technicians. “Technicians” are support personnel deployed to Your live Event venue to provide services per this Section 3.
3.2. Work Schedule
- Confirmation - You must fully cooperate with Hopin to agree upon a work schedule for each Technician at least fourteen (14) days before the first day of travel.
- Setup and Breakdown - Hours spent setting up and breaking down equipment are considered work hours, are billable, and must be included within the approved Work Schedule.
- Work Hours Start and End - Work hours will start accumulating as soon as the Technician arrives at the location to set-up for the day. Work hours will cease accumulating after the Technician departs the location for the day.
- 30-minute Increments - All work hours will be billed in 30-minute increments. Any period of work that is less than 30 minutes will be considered a full 30-minute period of work.
- Required Break - You must give each Technician a 60 minute continuous break for every six (6) hours of work (“Required Breaks”).
- No Split Shifts - Once work has begun, it cannot be interrupted except for a Required Break - i.e. work shifts can not be split into two sections with a gap that is not a Required Break.
- Remote Support - Technicians are not required to provide remote support, or to be “on-call” and available to work outside of the agreed Work Schedule, including for any overtime. Any work exceeding the Work Schedule will be considered billable and subject to overtime hourly rates.
- Overtime Hours - Any overtime hours but be agreed to in writing by You, and agreed to by each Technician, prior to work beginning. You may prepay or pre-approve overtime hours in writing at any time. Any overtime not billed prior to the Event will be billed as part of the Post-event Invoice.
3.3. Technician Responsibilities
- Credentials - You agree to provide Technicians with any credential access required to fulfill their responsibilities.
- Technician Responsibilities
- Oversee and assist in the set-up of Hopin’s equipment prior to the event
- Train Your on-location staff on software, equipment use, and basic troubleshooting
- Troubleshoot Hopin’s software and/or equipment during the event
Technicians WILL NOT:
- Be responsible for configuring the Hopin backend, including but not limited to editing guests lists, badge designs or any other pre-event settings
- Directly check guests in or manage specific attendee issues
3.4 Per Diem. You will be charged a per diem for each Technician to cover all meals, snacks, and refreshments. You will not be charged for expenses that are in excess of the per diem rate.
3.5 Travel Expenses. You will be charged for reasonable travel expenses for each Technician. Hopin will provide an estimate for travel expenses prior to travel, including ground transportation and incidentals. If You fail to object within three (3) business days of receipt of the estimate, such travel expenses will be deemed approved by You. Any fees associated with changing or canceling travel itineraries will be automatically billed on the Post-event Invoice.
3.6 Hotel Accommodations
- Booking - You will book and pay for single room accommodations for each Technician (no room sharing). All bookings must be paid or pre-authorized by You prior to the check-in date.
- Failure to Book or Pay - If You fail to book and pay for the hotel accommodation directly, You will be responsible for paying Hopin for the incurred costs and an additional booking fee equal to 20% of the accommodation costs.
- Accommodation Expectations - All accommodations must:
- Be approved by Hopin prior to finalizing a booking
- Have at least 4-star reviews on reputable, public-facing sites
- Be located in a safe and central area, preferably within walking distance of the event venue
4.1 Devices. Sections 4.1, 4.2 and 4.3 apply to any rentals or purchases of Devices. Device rentals are also subject to Section 4.4. Device purchases are also subject to Section 4.5.
“Devices” means all hardware and equipment made available to you for rental or purchase by Boomset and used by You during an Event, including any third party software forming part of that hardware or equipment; and related accessories and consumable tangible items.
(a) Hopin is not a manufacturer of Devices. Devices are provided “as is” and Hopin is not responsible in any way for any Devices’ performance, features or failures and makes no warranty in respect to the same.
(b) Event equipment provided by You. We are not responsible for: (a) outages or disruptions attributable in whole or part to the use of your own equipment, software or IT infrastructure (“Customer Equipment”); (b) for the performance or failure of such Customer Equipment; or (c) for damages and losses of any kind due to the operation of such Customer Equipment and any impact on the Services. It is Your responsibility to ensure that any Customer Equipment is properly configured for use with the Platform and meets all minimum compatibility requirements set out at https://support.boomset.com. This includes, but is not limited to, updating devices to the latest version of the operating system and ensuring the latest version of Hopin’s apps are installed before the Event.
4.2 Responsibility. You are responsible for all aspects of dealing with Your Participant’s and Team Member’s use of the Platform or any Devices at any time, including during any Event. You are solely responsible for any issues or enquiries from Participants at the Event and any personnel matters related to Team Members. Hopin support is not attendee-facing.
4.3 General Device Terms
(a) Quotations for Devices. Unless otherwise detailed in an Order, any quotation given by Hopin for Devices is valid for a period of 30 days only. All prices are exclusive of delivery, packaging, packing, shipping, carriage, insurance, charges for damages or replacements, and other charges and duties.
(b) No cancellations. Device rentals and purchases are non-cancelable. Adjustments may be permitted by Hopin (in its sole discretion) per Section 2.3 of these In-Person Add-Ons Specific Terms.
(c) Device Software. Your use of any third party software supplied with or incorporated into a Device (“Device Software”) is subject to and governed by the third party terms applicable to that software which You agree to be bound by. Device Software is provided “as is” and Hopin is not responsible in any way for any Device Software’s performance, features or failures and makes no warranty in respect to the same.
(d) Artwork/custom branding: Some Devices may allow the application of artwork or custom branding. Where You request any artwork or custom branding to be applied, any digital proofs must be approved no later than 30 days before the desired date of delivery. Any adjustments must be agreed to in writing and may be subject to a separate arrangement and/or additional costs.
(e) Shipping: Hopin will only ship to the address(es) listed in the Order. Any adjustments or additions must be agreed to in writing and may be subject to a separate agreement and additional costs. You acknowledge that Hopin cannot guarantee a specific time window for delivery on the delivery date. If there are specific times required for delivery, you may request an updated delivery estimate.
(f) Indemnity Exclusion - Devices are expressly excluded from the Hopin indemnity provided in Section 11 of the Agreement.
4.4 Rental of Devices. Subject to the payment of the rental fee as detailed in the Order, Devices are rented to You along with any associated Device Software for the Rental Period specified in the Order and includes all substitutions, replacements or renewals of such Device and all related accessories, manuals and instructions provided for it.
(a) Rental Period
- Rental Period - The time in calendar days that is billable to You for the duration of rental of the Devices is the “Rental Period.” The Rental Period begins on the first day of the Rental Period as detailed in the Order and shall continue until the day that the Device is tendered for the return shipment. You are responsible for all outgoing and return postage and shipping costs.
- Pre-shipment - You will not be billed for the days the Devices are in the process of being shipped before the start of the Rental Period.
- Early Arrival - You will not be charged for additional rental fees if a Device arrives before the start of the Rental Period.
- Extension - Any extension of the Rental Period must be requested to [email protected] and approved in writing by Hopin. Any costs, including third party costs associated with the extension, will be billed separately and must be paid within 14 days of an invoice being issued.
- Additional Fees - You are responsible for the following additional fees, prior, during and after the Rental Period: late fees, damage/repair fees, replacement fees, lost/unreturned equipment fees, international customs charges, additional data charges, onsite tech expenses, after hours service charges, sales tax, additional shipping or pickup request charges.
(b) Initial Shipment
- Delivery Date - Hopin shall arrange for the Devices to be shipped to You no less than one day prior to the commencement of the Rental Period.
- Multiple Item Orders - Hopin will attempt to send all Devices in one shipment. Should any Device be unavailable at the time of the Initial Shipment, You agree that we may reschedule a portion of the delivery to arrive in installments.
- Shipment Acceptance - Acceptance of any Devices shall be on the day the nominated carrier first attempts to deliver.
- Late First Delivery Attempt - In the event that the nominated carrier makes its first attempt to deliver the Devices after the start of the Rental Period, You will receive a refund for the days You have been unable to use the Device.
- Unavailable for Acceptance - If a carrier has made an attempt to deliver a shipment but You were not present to take delivery, the Device shall be deemed to have been delivered.
(c) Return Shipment (WITH Technician Purchase).This section applies only if You purchased Technicians under the applicable Order.
- Description - Your Technician will pack and ship the Devices on the last day of the Rental Period.
- Indirect Return - If You instead choose to leave the return shipment at a venue for pickup by the carrier, it is Your sole responsibility to ensure the pickup is completed to avoid any additional fees.
- Missing Equipment - If Devices are returned incomplete or without the originally shipped accessories, You will be invoiced for the cost of the replacement of these items or will be charged for additional rental days for the applicable Devices until all accessories are returned.
- Liability for Non-supplied Articles - Hopin is not responsible or liable for articles that may have been left with any Device at the end of the rental. If practicable, Hopin will work with you to return these articles at the Your cost.
- Condition of Rental Devices - Your Technician will inspect the condition and maintain the Devices throughout the Event.
- Return Condition - You agree to return each Device in the same condition as it was provided (less reasonable wear and tear).
(d) Return Shipment (NO Technician Purchase). This section applies if You did not purchase Technicians under the applicable Order.
- Definition - You agree to return the Devices to Hopin on the last day of the Rental Period; otherwise, late fees or additional rent fees will apply.
- Return Receipt - If You choose to return the Devices by mail, You agree to ship the Devices via appropriate insured express shipping to the address provided by Hopin and keep the shipping receipt with tracking number for at least 14 calendar days. If return shipping is included, you agree to attach the shipping labels provided by Hopin and to return the Devices using the courier service indicated on the shipping label. If return shipping is not included You are responsible for ensuring that any return shipping is insured to cover the value of the Devices.
- Packing of Devices - You agree to safely pack the Devices in the same containers the Devices arrived in, using the supplied packaging material (each Device must be wrapped separately and each container filled up with filling material to prevent damage during shipping).
- Indirect Return - If You choose to leave the return shipment at a venue for pickup by the carrier, You are solely responsible for ensuring the pickup is completed to avoid any additional fees.
- Missing Equipment - If any Device is returned incomplete or without the originally shipped accessories, You will be invoiced for the cost of the replacement of these items or will be charged for additional rental days until the return of all accessories takes place.
- Liability for Non-supplied Articles - Hopin is not liable for any articles that may have been left with any Device at the end of the rental. Hopin will work with you to return these articles at Your cost.
- Condition Check - Without 24 hours of receipt, You must inspect for completeness of the delivery and the proper working conditions of all Devices and are responsible for inspection and maintenance of Devices during the Rental Period and any Event.
- Defects and Malfunctioning Equipment - If upon inspection, a Device is defective or malfunctioning, You must report to Hopin immediately by email to [email protected] to discuss the issue.
- Unreported Device Issues - If You fail to report an issue with the equipment within 24 hours from receipt, the Devices will have been deemed accepted by You.
- Return Condition - You agree to return each Device in the same condition as it was provided (less reasonable wear and tear).
(e) Responsibility, Ownership, and Use
- Responsibility - You are solely responsible and assume all risk in the Devices for the duration of the Rental Period.
- Ownership - Ownership of the Devices remains at all times with Hopin. You may not describe yourself as the owner of the Devices.
- Use and Care - You shall:
- not remove any labels from and/or interfere with the Devices and take reasonable care of the Devices;
- Ensure they are used for their proper purpose in a manner compliant with any operating and/or safety instructions;
- notify Hopin at [email protected] immediately (and in all cases within 24 hours) after any breakdown, loss, and/or damage to the Devices;
- at all times keep the Devices in Your possession and control, and take adequate and proper measures to protect the Devices from theft, damage, and/or other risks;
- not remove the Devices from the country of delivery as detailed in the Order without the prior written authorization of Hopin;
- not use the Devices close to inflammable or dangerous goods, as well as toxic, corrosive, radioactive or other harmful substances;
- not connect any accessories, software or equipment, other than any Devices provided by Hopin (unless prior authorization from Hopin is received);
- permit Hopin at all reasonable times to inspect the Devices including procuring access to any premises where the Devices are located;
- not intentionally commit any offense or conduct illegal activities or cause damage to the Devices or use the Devices for any unlawful purpose; and
- inform Hopin about any equipment in advance that will be used with or plugged into the Devices other than equipment provided by Hopin.
(f) Loss and Damage
- Responsible Party - Use of Devices are at Your sole risk during the Rental Period and any further time during which the Devices are in your possession, custody or control until such time as the Devices are delivered back to Hopin. You are solely responsible for any damage, loss, or theft of Devices while used, transported, maintained, stored, or otherwise in your possession, and You agree to pay the replacement value and any additional costs to Hopin for damaged, lost, or stolen Devices within 14 days of being issued an invoice (including any lost rental income for any time during which the Device or any replacement Device is not able to be used).
- Modifications - No modifications to the Devices or any software are permitted without the prior written approval of Hopin.
- Repair or Replacement Costs - If a Device is returned in a damaged, unclean, and/or defective state, You are responsible for the cost of any repair and/or cleaning required to return the Device to the condition it was delivered to You in. Upon request, Hopin will make reasonable efforts to provide itemized costs involved in repairing and/or cleaning.
- Faulty, damaged, lost or stolen Devices - You acknowledge that lost Devices will be tracked and reported to ensure the Devices can be recovered. Where agreed, Boomset will liaise with any relevant third parties to help resolve an issue but will not be liable for any act or omission of such third parties and disclaims all liability and makes no representation or warranty whatsoever in respect to any response from a third party, or that any issue dependent on a response from a third party will be fixed or that any request will be responded to within a specified period of time.
- Bodily Injury and/or Property Damage - Hopin has not insured the Devices against bodily injury and/or property damage that may be caused to a third party resulting from an accident involving the Devices. You are solely liable for (and shall indemnify, defend and hold Hopin harmless, in respect to) any claims, costs or damages arising out of such harm.
- Disclaimer - Notwithstanding anything to the contrary in the Agreement, neither Hopin nor its Affiliates, nor their respective directors, employees, agents, consultants, advisors, and other representatives, will be liable to You for any amounts nor for any actions, lawsuits or claims related to any direct, indirect, consequential, punitive damages (such as loss of business and/or loss of profit) arising out of or in connection with the rental of or the use of any Devices.
- Insurance - During the Rental Period, we recommend that You, at your own expense, obtain and maintain: (a) insurance of the Devices to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident; (b) insurance for such amounts as a prudent owner or operator of the Devices would insure to cover any third party or public liability risks of whatever nature and however arising in connection with the Devices.
4.5 Purchased Devices. This Section 4.5 applies if Your Order includes devices, technology, consumables and/or accessories listed within an Order as “Purchased Devices.”
- Transfer of Rights - Hopin sells, conveys and transfers to the Customer all rights, title, and interest in the Purchased Devices.
- Delivery and Acceptance - By taking possession of the Purchased Device, You agree that the Purchased Devices are in good order and condition and that Hopin makes no representation or warranty, expressed or implied, with respect to such item of equipment. All equipment is sold in an “as is” condition.
- No Returns - Purchased devices cannot be returned.
- Broken Items - If a Purchased Device arrives broken, Hopin will exchange it free of charge if You notify us within 30 days of Your receipt (per the shipping carrier records). Hopin must receive the broken item(s) first prior to shipping a replacement. After 30 days after receipt of the Purchased Device, You must reach out to the original manufacturer for warranty coverage.
- Maintenance and Repair - You are solely responsible for all maintenance and repair costs for Purchased Devices.