CAMPTIVITIES ANNUAL AGREEMENT TERMS
Terms and Conditions
Annual Scheduling Plan Services. The Annual Scheduling Plan includes the following:
Technical Support - Unlimited phone, and e-mail technical support with regard to CAMPTIVITIES during our normal business hours. All support is done remotely and onsite visits are not included. Email “support@camptivities.com” or call 877-724-0044 if you are in need of assistance.
Upgrades/Enhancements - As they become available, CAMPTIVITIES will provide new versions and/or enhancements to current versions of CAMPTIVITIES. Some new versions and/or enhancements may require more advanced, larger capacity or different equipment, networking or complementary software (collectively, the “Platform”). Such compatibility shall be your sole responsibility.
Documentation - As they become available, CAMPTIVITIES will provide updates and enhancements to existing documentation.
Imperfections – CAMPTIVITIES will take all reasonable steps to correct imperfections in CAMPTIVITIES that are directly attributable to programming if they are recognized by CAMPTIVITIES, in its sole discretion, as having a materially detrimental effect on the performance of CAMPTIVITIES.
Exclusions from Annual Scheduling Plan. The Annual Scheduling Plan does not include the following:
Provision, installation and/or support of non-CAMPTIVITIES software and the Platform. Non-CAMPTIVITIES software includes but shall not be limited to, operating system software, word processing, spreadsheet, reporting and/or database software.
The installation of upgrades and enhancements to CAMPTIVITIES.
Upgrading any hardware, memory or other elements on the Platform on or with which you use CAMPTIVITIES
Training sessions, site visits or new modules.
Repair of CAMPTIVITIES and the data if CAMPTIVITIES determines the failure is related to:
the equipment or supplies you are using, or use of CAMPTIVITIES on a platform other than the Platform designated by CAMPTIVITIES.
misuse or neglect of CAMPTIVITIES
environmental conditions, including, but not limited to, insufficient, excessive or irregular electrical power, failure of air conditioning, excessive heat or humidity, food, water, wind or lightning.
use of CAMPTIVITIES for purposes other than those which it was expressly designed.
use of any software or Platform elements other than CAMPTIVITIES.
Term. The term of the Annual Scheduling Plan expires as noted on your invoice.
Charges. Charges are based upon the current list price of CAMPTIVITIES and are calculated annually for a one-year period. The fee charged by CAMPTIVITIES for the Annual Scheduling Plan is subject to change annually at the sole discretion of CAMPTIVITIES. If you purchase additional licenses or modules, these additions will automatically be subject to annual scheduling fees.
Payment. Payment must be received in accordance with the terms described on the invoice. All charges for the Annual Scheduling Plan are payable in advance. CAMPTIVITIES reserves the right to charge late fees on overdue accounts.
Cancellations/Refunds. You may cancel your Annual Scheduling Plan agreement (‘Agreement’) at any time. Refunds will be issued based on the following:
A full refund will be issued before setup begins.
Once setup has begun, but before the 30 days after the ‘Effective Date’ stated in your Agreement, a 75% refund will be issued.
After the 30 days past the ‘Effective Date’ stated in your Agreement, regardless of the status of setup, but before your summer start date, a 50% refund will be issued.
No refunds will be given once your summer start date has passed.
If your camp can not operate, and therefore you can not use the software during the Agreement term, contact Camptivities and we will extend your contract term, however an additional fee may apply. No refunds will be issued. Please contact Camptivities for full details.
Warranty. The maintenance services provided hereunder shall be performed in a workmanlike manner. CAMPTIVITIES expressly disclaims any and all other representations and warranties with respect to the services described herein, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and the representations and warranties that every reported problem can or will be resolved to your satisfaction and that the software and services may or will be uninterrupted or error free.
Limitation of Liability. In no event will CAMPTIVITIES be liable for any loss of profits, loss of use, business interruption, loss of data, cost of cover or other indirect, special, incidental or consequential damages arising out of the delivery of maintenance services or any delay in delivery of the maintenance services. CAMPTIVITIES's maximum aggregate liability (whether in contract or in tort or under any other form of liability) for damages or loss, howsoever, arising or caused, shall in no event exceed the amount actually paid by you during the then-current term for the maintenance services giving rise to the liability.
Force Majeure. CAMPTIVITIES shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
Grandfathered Maintenance. CAMPTIVITIES's only assures maintenance and repair services in respect of the then-current version of CAMPTIVITIES and the immediately prior version.
Governing Law. All provisions of this agreement shall be governed by the laws of the state of California, without regard to conflict of laws rules.
Privacy
Camptivities cares about our customers’/prospective customers’ (“You”/ Your”). For this reason this Privacy Policy provides our procedures for collecting, using, and disclosing Your information. Camptivities is depending on the fact that You have received the required permission from individuals to collect and use their Personal Information, as well as to provide such Personal Information to Camptivities. As well, Camptivities realizes that each camp is unique and schedules their staff and camp differently. Therefore, it is of the utmost importance to Camptivities that we keep Your Personal Information regarding your camp private. Users can access the Camptivities service through our website (schedule.camptivities.com), and applications on devices (any computer used to access the Camptivities service, including a desktop, laptop, mobile phone, or other consumer electronic device). This Privacy Policy regulates your access of the Camptivities service and by using our service You consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.
Personal Information: When You register an account with Camptivities, we will collect some Personal Information about You and your camp to configure our Service to best serve you. For example, your name, phone number, credit card or other billing information, email address and home and business postal addresses are all information that could be collected and stored by Camptivities. We only use this data for the purpose of completing the required work requested by You. The nature and extent of any data that You provide to us is optional. We also collect and store the data and files you upload, download, or access with the Camptivities service. We do not sell, trade, or transfer to third-parties Your information.
Compliance with Laws and Law Enforcement Requests: To comply with the law, protect the safety of any person from death or serious injury, prevent fraud or abuse of Camptivities and its customers, and to protect the property of rights of Camptivities, we may disclose to parties outside Camptivities, Personal Information and files stored in Your Camptivities account and Personal Information about You that we collect.
Security: Camptivities agrees to maintain technical and organizational measures designed to secure its systems from unauthorized access, use or disclosure. These measures will include: (i) storing Customer Data on servers located in a physically secured location and (ii) using firewalls, access controls and similar security technology designed to protect Customer Data from unauthorized disclosure. Camptivities takes no responsibility and assumes no liability for any Customer Data other than its express security obligations in this Section.
Notification of Change: If Camptivities is involved in a business merger, acquisition, or sale of all or a portion of our assets, Your Personal Information may be transferred as part of that transaction. However we will let you know of any change in control or use of your Personal Information, or if either become subject to a different Privacy Policy. We will also notify you of choices you may have regarding the Personal Information you have provided to Camptivities. Camptivities also may update this Privacy Policy, so please review it occasionally to stay up-to-date. We will never use Your Personal Information that You have provided in a new way without You providing Your consent beforehand.
Contact Us: For further information concerning Camptivities’ Privacy Policy, its application or for access to You or Your Customers’ Personal Information, please write to us (in English only) via e-mail at privacy@camptivities.com
