TERMS

1.     Sublime Event Services is the exclusive outsourced provider of all dedicated 3rd Party Data and Network services (wired). This excludes all cabling to meeting rooms, booths, within booths (under carpet and flooring), fiber optic, twisted pair (Category 3, 5 and 6), coaxial and all other data and telecommunications related cabling as well as wireless.

2.     The use of the network connection(s) provided by Sublime Event Services may be used only by the directors, officers and employees of the Company, its guests, its agents and consultants while performing service for the Company and cannot be resold or distributed to other companies or individuals.

3.     All devices for which Sublime Event Services directly or indirectly provides Internet/ Network connectivity must pay a device charge or purchase a Sublime Event Services assigned IP address.

4.     Incentive Price applies when a completed order with payment is received no later than 14 days prior to the first day of show move-in. Base Price applies to (a) all orders received from One (1) to Thirteen (13) days before show move-in has started or (b) orders received on or before the 14 day Incentive Deadline without payment (c) orders placed on site or after show move-in has started will be at Base Price plus an additional 20% X Base Price.

5.     Internet / Network – 10 Mbps up to 10 Gbps, full-duplex, Ethernet access to our backbone, with shared or dedicated Internet access (depending on service ordered) via an RJ-45 jack, is provided for each connection ordered.

6.     Shared Internet Services Specific: Routers, Streaming Applications, VoIP, DHCP, NAT or Proxy Servers are not allowed with any of our shared Internet / Network services. Sublime Event Services can engineer a custom dedicated network(s) to accommodate such special requests. Please call for quote.

7.     Rates listed include a single IP address, standard installation to the booth in the most convenient manner and does not include computer equipment, NIC card, TCP / IP software or power to the booth.

8.     Limited Availability: T-1 / DS-3 and other special circuit orders must be placed 45 days prior to show move-in date due to limited availability and to avoid additional charges.

9.     Internet Performance Disclaimer: Sublime Event Services does not guarantee the performance, routing, or throughput; either expressed or implied, of any data circuit(s) connectivity with regards to the Internet and / or Internet backbone(s) beyond the Facility.

10.  Sublime Event Services does not sell or support wireless connections to the internet or “Wi-Fi” and we do not recommend that you utilize our services for such without consulting a qualified wireless network engineer. The use of wireless devices is pervasive in the show halls and can interfere with a positive experience for you and your attendees.

11.  CANCELLATION – There is a minimum $150 or 10% Cancellation fee (whichever is greater). Cancellations must be in writing. Additional cancellation charges will apply for orders that have already incurred processing, labor, material, and / or engineering costs. 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(s) installed and not used.
Service problems must be reported to the Sublime Event Services Service Team during your event for consideration of credit. Service claims will not be considered unless filed in writing by Customer prior to close of show.

12.  The prices listed on this contract do not include Federal, State, Local or Other Taxes and Tax surcharges. Taxes / Tax surcharges will be included on your final bill. Federal Tax ID is 47-2304384.

13.  A valid Credit Card number with signature MUST be on file regardless of payment method. For your convenience we will use this authorization to charge your credit card for any additional amounts incurred.  We reserve the right to bill any or all credit cards on file or previously authorized if an account becomes past due, up to and including the full amount of the past due balance, credit card fees or any applicable late charges. Sublime Event Services accepts payments are in US dollars, Checks drawn on a US Bank, Wire Transfers or the following Credit Cards:(Amex, MasterCard, Visa,). Make all checks payable to: Sublime Event Services.

14.  Due to the cost of processing checks, any refunds due in the amount of $10.00 or less will not be refunded except upon written request.

15.  Prices are based upon current rates and are subject to change without notice.

16.  Any additional cost incurred by Sublime Event Services to: 1) assist in trouble diagnosis or problem resolution found not to be the fault of Sublime Event Services or 2) collect information required to complete the installation that customer fails to provide (i.e. floor plans or special circuit numbers) may be billed to the Customer at the prevailing rate.
Equipment Management: (a) Customers should pick up hubs, wireless devices, telephone instruments and other rental equipment at the Sublime Event Services Service Desk. (b) The Customer will be fully responsible for the protection and safekeeping of rental equipment and will be responsible for returning all rental equipment to the Sublime Event Services Service Desk within one (1) hour following close of the show.

Mail or Fax Completed Orders with Payment To:
SUBLIME EVENT SERVICES
3195 St. Rose Parkway Suite 131
Henderson, NV 89052
(888) 711-4222
FAX (702) 852-5720

ADDITIONAL TERMS AND CONDITIONS

1.     Purchase Orders are not accepted as a form of payment but as a convenience can be referenced on your invoice upon prior written request.

2.     There will be a $25 service charge for all returned checks.

3.     Any unpaid balance after close of show will incur a 1.5% / month service charge.

4.     Conditions for processing service contract for On-time Installation:
a. A 25% DEPOSIT for service(s) must accompany signed contract.
b. Incomplete contract forms will delay processing, please provide all information requested.
c. Booth number(s) must be identified on face of contract.
d. Late orders / changes received after show move-in has started will be installed after all other show orders are completed (additional fee’s may apply).
e. Balance is due 2 business days prior to start of show.

5.     Credit Card charges are limited to $10,000 /order. Orders exceeding $10,000 must be paid by company check. Checks must reference Facility and Show Name. Please contact Sublime Event Services for wire / ACH transfer instructions. Payer is responsible for all service charges.

LIMITED WARRANTY

Sublime Event Services warrants that: (a) it has the right to provide and install all Voice, Data, and Network Services and Applications (the “Services”). In the event that the Services are not performed in accordance with this warranty, you agree to inform Sublime Event Services of such fact by written notice prior to close of the Show/Event. As your sole and exclusive remedy, Sublime Event Services will either: (a) repair or replace the Services to correct any defects in performance without any additional charge to you, or (b) in the event that such repair or replacement cannot be done within a reasonable time, terminate the Customer Contract and provide you with a pro-rated refund of the fees paid to Sublime Event Services for the Services here under with respect to such calendar year.

The foregoing warranties will not apply to the extent that: (a) the Services are used for any purpose other than those set forth in this Customer Contract regardless of whether Sublime Event Services has terminated this Customer Contract because of such misuse; (b) the cause of a breach of warranty is due to a malfunction in your hardware, software or communications network through which the Services are accessed; or (c) the cause of a breach of warranty is due to any other cause outside of our sole and reasonable control.

DISCLAIMER OF WARRANTY
The foregoing constitutes our only warranties with respect to the performance or nonperformance of the systems and applications and/or the services which are otherwise provided on an “as is” and “as available” basis. The foregoing limited warranties are in lieu of, and Sublime Event Services hereby expressly disclaims, all other warranties, express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose.

INDEMNIFICATION
Each party agrees to indemnify, defend, and hold harmless the other party, its affiliates, and their current and former employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability (including reasonable attorneys’ fees) brought by a third party arising out of, or in connection with a breach of the other party’s representations, warranties, covenants and agreements set forth in this Customer Contract or to the extent attributable to such party’s gross negligence or willful misconduct.

In claiming any indemnification hereunder, the indemnified party shall promptly provide the indemnifying party with written notice of any claim which the indemnified party believes falls within the scope of the foregoing paragraphs. The indemnified party may, at its own expense, assist in the defense if it so chooses, provided that the indemnifying party shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the indemnified party shall not be final without the indemnified party’s written consent, which shall not be unreasonably withheld. The terms of these provisions shall survive the expiration or termination of this Customer Contract.

LIMITATION OF LIABILITY
Except for our willful misconduct or gross negligence, you agree that under no circumstances is Sublime Event Services liable to you for any indirect, incidental, special, punitive, or consequential damages or lost profits arising out of the systems or our services or obligations under this agreement even if Sublime Event Services has been advised of the possibility of such damages. In any event, your exclusive remedy, and our entire liability to you for any reason upon any cause of action arising out of the system or our services under this agreement shall be the amount actually paid by you to Sublime Event Services with respect to those deficient services. The limitation of liability provided by this section is limited to our duties and liabilities by reason of this agreement only and does not affect any other relationship Sublime Event Services may have with you. The foregoing limitation is a fundamental part of the basis of the bargain hereunder and is intended to apply without regard to whether other provisions of this agreement have been breached or have been held to be invalid or ineffective. No action, regardless of form, arising out of or related to the use of the services pursuant to this agreement may be brought by you more than 12 months after the cause of action first arose.

All Customer contracts and agreements are solely between Sublime Event Services and the prospective Customer; Sublime Event Services is not the employee, agent or partner of the Facility; The Facility is not a party to, nor shall it have any obligations or liabilities whatsoever to any Customer, under any Customer Contract including without limitation, the obligation to provide any of the services covered by such Customer Contract; No representations or warranties are being made by the Facility with respect to any Customer Contract or any Communications Services; The right of the Customer to receive any Communications Service will be terminated if this Agreement is terminated for any reason provided therein; and the Facility will have no obligation to continue providing such service unless the Facility elects in its sole discretion to continue to provide such services itself or through a third party; The provisions of the Customer Contract are separate and independent from the provisions of the Customer’s lease space in the building and shall not affect the Customer’s obligations under such lease and without limiting the foregoing, in no event shall any default by Sublime Event Services under the Customer Contract or any failure with respect to any Communications Services have any effect on any Customer’s obligations to the Facility under any lease or any other occupancy agreement between parties.

INTERNET / NETWORK SPECIFIC

Internet Security Disclaimer: Sublime Event Services does not provide security such as, but not limited to, firewalls, etc. for any data circuit(s) we provide. It is the sole responsibility of the Customer to provide any necessary security. Customer is agreeing to hold Sublime Event Services; its agents and contracts harmless for any and all liabilities arising from the use of non-secured data circuits.

VIRUS PROTECTION REQUIREMENT – WARNING
Sublime Event Services requires that all devices directly or indirectly accessing Hyper Network’s network have the latest virus scan 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(s) which adversely impacts Sublime’s network(s) will be disconnected from the network(s) with or without prior notice at Sublime Event Services’ sole discretion. The device(s) in question will remain disconnected from the network(s) until all issues are adequately resolved. Additional charges may apply for trouble diagnosis and / or problem resolution. No refunds will be issued Customer(s) as the result of Hyper Network’s actions to disconnect disruptive device(s).