SpeakerHub’s White Label Speaker Directory Services (the “Services”).
By engaging, using or registering an account for the Service, you shall be deemed to have entered into this Agreement with us. From time to time, we may amend this Agreement by updating the web page where this Agreement appears. At our option, we may give you reasonable notice of these updates, provided that it is ultimately your responsibility to review the latest version of Agreement from time to time. Your continued use of the Services after such updates means that you agree with the revised Agreement. If you do not agree with any provision of this Agreement, or any amendment, please do not use the Services.
Should you have any questions or concerns about this Agreement or would like to simply better understand how Company does things, please do not hesitate to contact us.
1. White-Label Speaker Directory (“White Label Service”)
1.1 We provide a white-label software solution that allows Organizations to showcase their members who are available for public speaking, and conveniently interact with event planners and potential clients (“Clients”), on their own website. The White-Label Service is powered by our proprietary software (the “Software”), which is derived from the software underlying our core speaker directory business, speakerhub.com (“SpeakerHub”).
1.2 Speakers will appear on bespoke branded web pages, with custom settings, in a subdomain or submenu under the Organization’s own website. For example, if your Organization’s website is abc.org, your Speakers may appear under speakers.abc.org, or other custom subdomain or submenu such as abc.org/speakers. Company is not responsible for any content or service that Organization provides on its own website or offline, as part of its core business services.
1.3 Either the Speakers, and/or designated administrators of Organizations may draft, edit and approve their Speaker profiles, using our templates. As a Premium Service, we may assist with migrating, importing, drafting or editing Speaker profiles.
1.4 The Software facilitates interaction between Clients and Organizations or Speakers. Organization administrators may opt to have such interactions (booking requests and inquiries) go directly to the Speaker, or to the administrator. The Software also allows various levels of settings for incoming messages and notification preferences.
1.6 We may, through the use of an application programming interface (API) make certain Speaker information or data available to the Organization. We make reasonable efforts to secure, encode or encrypt this data so 3rd parties may not access it, and the Organization cooperate with our security measures and standards regarding handling such data.
2. Premium Services
2.1 On request, we provide Premium Services which consist of:
- assistance in migrating or importing (from an existing database), drafting and editing Speaker profiles;
- promotional and marketing campaigns for Organizations or Speakers; or
- premium development for the Organization’s branded Speaker page, including enhanced features and “look and feel.”
2.2 Please refer to Premium Services Table for the latest details on our Premium Services. We may charge a one-time or monthly fee for such service, based on bilateral agreement with the Organization.
3.1 We provide the White-label Service free of charge and may charge for Premium service as per point 2.2 above. Our pricing policy is subject to revision without prior notice, but it does not affect existing clients of the white-label service unless otherwise agreed with them.
3.2 We do not charge any commission fee for Speaker bookings whether these are initiated through the white-label page or on SpeakerHub directly. We will not participate in any negotiations or transactions between Organizations, Speakers and Clients regarding speaking fees and decline any responsibility related to such bilateral negotiations.
3.3 We charge fees for our Premium Services, but we may, at our discretion, offer a Premium upgrade free of charge to the Organization and its members. Please refer to Premium Services Table with descriptions and prices] for our latest pricing.
3.4 We offer revenue-sharing for Organizations with respect to Premium Services for individual Speakers. For example, if an Organization’s Speaker separately purchases a premium or other paid package for his or her profile, the Organization may receive a percentage of the revenue. On the other hand, if it is the Organization that opts to upgrade some or all of its Speakers, the Organization will receive a certain discount on such transaction from the listed fees. Please refer to Premium Services Table with descriptions and prices] for our latest incentives and discounts. Payment of dues from such affiliate program or referral is done monthly to the Organization’s account, unless otherwise agreed with the Organization.
3.5 Service pricing is subject to change at any time at Company's discretion. Taxes, as required by law, are in addition to all prices listed, unless otherwise indicated. Company may add new features for from time to time.
3.6 The Company may offer you free upgrades to its premium packages for a limited period of time (e.g. 1 month, 6 months or 1 year) as part of its launch strategy or marketing campaigns. The Company will inform you before the expiry of such upgrade period about downgrading the account or the possibility to keep the premium package for payment as indicated on the website. The Company shall not be liable to keep the free premium package beyond the period offered in the promotional campaign.
3.7 You represent and warrant that you are the rightful owner of, or are authorized to use, the credit card utilized in connection with any transaction and you authorize Company to charge the credit card for all Services. Company does not keep credit card information on Company's servers.
3.8 Other than as stated herein and on the Service's pricing page, payments are nonrefundable. Refunds may nevertheless be granted at the sole discretion of the Company.
4. Inquiries and Disputes
4.1 Through the Services, Clients may inquire with Organizations and/or Speakers for bookings. We do not warrant that there will be any inquiries. While we make reasonable efforts to ensure that inquiries and speaking opportunities posted on the website are genuine and serious, we cannot guarantee the existence and legitimacy of any such inquiries. You are solely responsible to determine the veracity of any inquiries and to investigate the suitability of any event seeking to engage Speakers.
4.2 Organizations, Speakers and Clients are solely responsible for their interactions with each other, and contract solely with each other without making the Company a party or third-party beneficiary. We are not an agent, broker, or legal representative of any of the foregoing parties. We are not authorized to act on behalf of any party or to bind any party to any legal obligations, other than as explicitly provided in this Agreement. Before deciding to respond to or accept any Client booking, you shall rely solely on your own evaluation of the Client on the basis of material facts that you, in your sole discretion, deem relevant.
4.3 In case of any disputes among Organizations, Speakers and/or Clients, such parties shall look solely to each other for relief, and not to the Company. Company is not responsible, and has no obligation, to mediate or otherwise intercede in any such disputes. Company may, but is not obligated to, forward to you any complaints or concerns it receives.
5. Intellectual Property and Speaker Profiles
5.1 Company grants you a non-exclusive, limited, restricted license to use the Software solely in connection with the Services. You may not use the Software for any other purpose. You may not: (i) modify, disassemble, decompile or reverse engineer the Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer or allow access to the Software to any third party or use the Software for the benefit of or to provide similar services for any third party; (iii) make any copies of the Software; or (v) delete the copyright and other proprietary rights or notices on the Software.
5.3 Company shall have the right to display and use the profile and data of any of the Organization’s Speakers on SpeakerHub, unless the Organization or Speaker concerned expressly prohibits this.
5.4 If Organization terminates the Agreement, its Speakers may continue to appear on the SpeakerHub website (although links to the Organization will be removed), unless the Organization or Speaker expressly concerned requests their removal. Should a Speaker wish to remain on the Speakerhub website regardless of his Organization’s termination of the Agreement, the Speaker may do so on his own initiative, though his Premium service package might be downgraded as a result of the Organization’s termination.
5.5 The Service allows you and third parties to post files, text, music, audio, videos and other information (“Content”). We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
5.6 You understand that you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. You are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you post while using the Services and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
5.7 You represent and warrant that you have the full legal right and title, or otherwise have all rights necessary, to all Content that you post. You hereby grant to Company a worldwide, perpetual, fully paid license, to use all Content provided by you for the purposes of hosting such Content as part of the Services.
5.8 You may not distribute, transmit, copy, download or otherwise make available any third party Content, or any of Company’s Software, data or intellectual property, without the prior written permission of the Company.
6. Term and Termination
6.1 The term of this Agreement shall be for one year from the time of the Organization or Speaker’s first use of the Services. The Agreement shall be implicitly renewed for an additional one-year period if the Services continue to be used after the expiration of a term.
6.2 Any party may terminate this Agreement at any time upon 30 days’ written notice to the other party, unless otherwise agreed between the Company and the Organization. You may also choose to suspend your account by making it "hidden" from the public, without terminating the Agreement altogether. For accounts that are suspended for a continuous period of 6 months, however, Company may choose, at its sole discretion, to terminate the Agreement.
6.3 As to any Organization or Speaker, the Company may suspend or terminate this Agreement without prior notice at any time, if such Organization or Speaker does any of the following:
b. infringe upon the intellectual property rights of Company or any third party.
c. delay in payment of any amount due to Company for a period of 14 days or more.
d. use the Service in an illegal, offensive, fraudulent, or harmful manner.
e. disrupt, interfere with, hack or access the Services through improper means.
6.4 Upon termination for any reason, Company will remove your web pages from publication or otherwise hide them, but is not obliged to delete your information or posted content at any particular time. You will lose access to your account upon termination and your data may be unrecoverable once your account is terminated. Re-subscribing at a later date may not result in restoration of data.
6.5 In case of termination due to fault or breach of this Agreement by a Speaker or Organization, the Company shall not provide refunds to such party for any unused Services.
7. Account Registration
7.1 An Organization or its Speakers will be required to register, subscribe and/or log in to use the Services. You shall provide accurate, correct and up to date information. Company may reject any registration or subscription for any reason at Company's sole discretion.
7.2 If you are an individual, you represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to subscribe. You also represent and warrant that you are authorized to act on behalf any represented Organization or legal entity. This includes, without limitation, having the authority to authorize the method of payment and charges incurred to participate in the Services.
7.3 You are responsible to maintain the confidentiality of your login ID and any passwords associated with any account you use to access the Services. You will be solely responsible for all activities that occur under your account. THE UNAUTHORIZED USE OF YOUR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO US AND/OR THIRD PARTIES. NEITHER US NOR ANY OF OUR OWNERS, EMPLOYEES, AGENTS OR AFFILIATES WILL HAVE ANY LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSACTION MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF THE UNAUTHORIZED USE OF YOUR PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.
7.4 We may, without notice, suspend or cancel your account at any time and for any reason including without limitation, if we believe, in our sole discretion, that your password is being used without your authorization or otherwise in a fraudulent, improper, illegal, offensive or harmful manner.
8.1 To the extent allowed by law, COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR LOST DATA, OR FOR ANY DAMAGE RELATED TO THE USE OF, OR INABILITY TO USE, THE WEB SITE OR THE SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Company's total aggregate liability under this agreement for any and all claims shall be for those direct damages suffered by you and solely due to Company's performance under this agreement and shall not exceed the amounts actually paid by you to Company for the services directly related to the damages suffered. no action, regardless of form, arising out of this agreement, may be brought by you more than one (1) year after the cause of action has accrued.
8.2 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS PARTNERS AND LICENSORS, DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant: i) that any Content is accurate, reliable or correct; or ii) that the Services will meet your requirements; or iii) that the Services will be available at any particular time or location, uninterrupted or secure; or iv) that any defects or errors will be corrected; or v) that the Services are free of viruses or other harmful components. Any Content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, partners, employees, contractors, agents, investors, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service.
10.1 You agree to allow Company to list your Organization or Speaker profile in Company's advertising material and promotional messages through its partners and 3rd parties, including, but not limited to, listing your name, photo and/or the name of your business on Company's web site and/or any other information you made publicly available on your Speaker profile.
10.2 If You are given or otherwise have access to Client or user names, IP address, email address and/or other contact information, you agree to keep such information confidential and to not use the name, email address or other contact information for any purpose other than that contemplated by this Agreement. You agree to abide by all laws including, but not limited to, all privacy laws.
11. Relationship of the Parties
The relationship of the parties is that of an independent contractor. This Agreement does not create a joint venture or partnership between speakers or users and Company, and each will act independently of the other. Neither you nor Company is empowered to bind or commit the other to any other contract or other obligation. You and Company agree that there are no third party beneficiaries to this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the written permission of Company. Company is free to assign this Agreement to any third party.
13. Governing Law; Consent to Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Brussels, Belgium without regard to its conflicts of laws principles. The parties shall first endeavor to resolve any dispute by good faith discussions. If such discussions fail to resolve the dispute within 14 days, either party may refer the dispute to the Court of Arbitration of Brussels in accordance with its own Rules of Proceedings. For purposes of any legal action related to this Agreement, the parties hereby irrevocably submit to the exclusive jurisdiction of the courts located in Brussels, Belgium and irrevocably waive any objection they may now or hereafter have as to the venue for any proceeding relating to this Agreement or that such court is an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Miscellaneous Terms
14.1 Severability. If and to the extent that any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and, if possible, shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of this Agreement in that or any other jurisdiction.
14.2 Section Headings. The section headings and numbering of this Agreement are for convenience of reference only, and shall not define or limit any of the terms or provisions hereof.
14.3 No Waiver. No failure or delay by Company in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof by Company shall preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
14.4 Entire Agreement. This Agreement contains the entire agreement and understanding between the parties and merges and supersedes all representations and discussions between the parties.