Terms & Conditions that apply to all TM Forum Research & Media Contracts

CANCELLATION

Copy Deadlines
TM Forum is not obliged to, nor will it, delay publication dates and marketing kick off due to sponsor’s failure to deliver their copy by the specified deadline(s).

Publication/Advertising sponsors who subsequently wish to cancel their participation must do so in writing. No voice mail cancellations will be accepted.

• Written notice of cancellation must be received on or before 12 weeks of publication date.
• Cancellations received after this date will be liable for 100% of the total cost of sponsorship. Payment due may not be applied to any other TM Forum activity.

INVOICE PAYMENTS:

We accept payment by Bank Transfer or Credit Card (Visa/MasterCard/American Express). All transactions via credit card will incur a 3% service fee. The Organization participating in this agreement will raise any disputed charge(s) within [5] days after receipt of the invoice. TM Forum will work with The Organization in resolving any such disputed charges, the payment of which will be due upon receipt of invoice after resolution of the dispute. If payment of any invoice is not received within thirty (30) days of the date on which it was due, TM Forum will impose a finance charge at the rate of the lesser of 1.5% per month (18% annual rate) or the maximum allowed by law on the unpaid balance commencing on the invoice date.

CHOICE OF LAW AND ARBITRATION CLAUSES

Any and all disputes arising out of this agreement which are not disposed of by agreement between the parties hereto shall be decided solely by arbitration proceedings under the Rules and Procedures of the American Arbitration Association and such arbitration shall be held in the State of New Jersey. The parties also agree that any decision rendered by the arbitrator as provided herein shall be binding on both parties as though issued by a court which would otherwise have jurisdiction over such issues. 
The parties agree that this agreement shall be governed by, interpreted and construed in accordance with the internal substantive laws of the State of New Jersey without regard to its conflicts of laws principles. 
Nothing herein shall prevent either party from seeking equitable relief from either a Federal or State Court of New Jersey should the need for equitable relief arise.

SUCCESSORS AND ASSIGNS

This Agreement constitutes the sole and entire agreement between the parties with respect to the matters set forth herein, and supersedes and incorporates any and all prior or oral and/or written statements and representations on such matters by either of the parties hereto. Amendments to this Agreement must be made in writing and signed by both parties. This Agreement may not be assigned, and the obligations of either party hereto may not be delegated, in either case, without the prior written consent of the other party, which consent shall not be unreasonably withheld. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.

Additional Terms & Conditions that apply to all TM Forum Webinar Contracts

Format for live event is as follows: 

• 1 hour live webinar
• Welcome and introduction presentation by TM Forum expert
• Presentation by sponsor – case study/thought leadership presentation (not a product pitch) by yourself and/or your customer knowledgeable in the topic area
• Question and answers session with the audience facilitated by TM Forum expert

Package includes:

• Full pre- and post-production support from our dedicated webinar production coordinator
• Hosting of live event on professional webinar platform
• TM Forum subject matter expert who will attend a content review call, provide feedback on sponsor presentation and act as chairperson for the live event
• Leads comprising all non opt-out webinar registrants, attendees and on-demand views

Important please note:

• Sponsor agrees to complete webinar brief and submit to Sponsor Relations Manager 12 weeks prior to live event (we cannot confirm your TM Forum expert until we have this written brief)
• Sponsor agrees to provide speakers to attend kick off call, content review meeting and dress rehearsal
• TM Forum expert reserves the right to approve sponsors presentation
• TM Forum webinars are limited and in high demand. Any request to change the date must be made in writing to the production coordinator at least 12 weeks prior to the live event. Whilst every effort will be made to accommodate such a request the sponsor accepts that it will not always be possible due to very limited availability.

CANCELLATION OF A WEBINAR SPONSORSHIP

Webinar sponsors committing to a sponsorship who subsequently wish to cancel or reschedule their participation must do so in writing. No voice mail cancellations will be accepted.

All cancellations or rescheduling are subject to the following Cancellation/Rescheduling Charges:

• Cancellation/Rescheduling more than sixty (60) days prior to the Event Date, twenty-five percent (25%) of the total cost of the cancelled/rescheduled Sponsorship
• Cancellation/Rescheduling more than forty-five (45) days and less than sixty-one (61) days prior to the Event Date, fifty percent (50%) of the total cost of the cancelled/rescheduled Sponsorship
• Cancellation/Rescheduling less than forty-six (46) days prior to the Event Date, one hundred percent (100%) of the total cost of the cancelled/rescheduled Sponsorship

Payment due may not be applied to any other TM Forum activity.

DATA PROTECTION ADDENDUM

Introduction & Definitions

This data protection addendum (the “DPA”) applies to Personal Data that is being processed for the purpose of any of the agreements available at https://www.tmforum.org/about-tm-forum/legal-branding/terms-conditions/ (the “Agreement”).

This DPA is an addendum to the Agreement and provides further information on the role of the Parties for the purposes of any Personal Data exchanged between them as part of the Agreement.

The following definitions apply for the purposes of this DPA:

• “Participant” means any individual Data Subject whose personal data is Processed as a result of the Agreement.
• “Data Protection Law” means any data protection laws applicable to the processing of personal data contemplated by the Agreement including, without limitation, Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”) and any other applicable legislation, decision, statutory instrument or regulation in force at present or which comes into force;
• “EEA” or “European Economic Area” means the European Economic Area that combines the countries of the European Union together with Iceland, Norway and Liechtenstein;
• “Personal Data”, “Data Subject”, “Controller”, “Processor” and “Processing” shall have the meanings given to them in the relevant Data Protection Law and their cognate terms shall be construed accordingly. The definitions of Personal Data and Processing shall only apply to the extent of any Personal Data Processed and Processing undertaken for the Agreed Purposes (as defined below); and
• together the TM Forum and the Company entering into the Agreement shall be referred to as (the “Parties”) and independently each shall be (a “Party”).

Capitalised terms used herein, but not defined shall have the meaning provided in the Agreement.

The Company and the TM Forum acknowledge and agree that the Company and the TM Forum independently determine the purpose and means of Processing Personal Data pursuant to the Agreement and that each of them is an independent Controller of such Personal Data;

General Provisions

Each Party shall:

• at all times comply with applicable Data Protection Laws in respect of its Processing activities;
• only Process Personal Data pursuant to the Agreement for the purpose for which it was provided by the Data Subject;
• be responsible for compliance with the obligations set out in Article 13 and Article 14 of the GDPR.
• maintain appropriate technical and organisational measures designed to protect Personal Data against any misuse, accidental, unlawful or unauthorised destruction, loss, alteration, disclosure, acquisition or access, including the use of industry recognised security standards such as ISO 27001 or similar standards.

The TM Forum shall ensure that any Personal Data it transfers to the Company has been obtained and processed in accordance with applicable Data Protection Laws.

The TM Forum does not represent or guarantee the truthfulness, accuracy, or reliability of any Personal Data made available to the Company as a result of the Agreement, or any other communications provided by Participants nor does TM Forum endorse any opinions expressed by Participants. Use of the Personal Data by the Company is at its own risk.

The Company shall:

• ensure that all Company staff Processing Personal Data are subject to obligations of confidentiality so as to ensure that the Personal Data is kept safe and secure;
• not use the Personal Data for any unlawful marketing, advertising or other promotional purpose including to contact any Participant unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has informed the Company that they do not want to be contacted);
• not disclose the Personal Data to third parties unless such disclosure is necessary and only then in accordance with the Data Protection Law; and
• indemnify the TM Forum in respect of all losses, damages, costs, expenses and other liabilities (including legal and other professional fees) incurred by or awarded against TM Forum and/or its affiliates and relating to a third-party claim to the extent it results from Company’s failure to comply with its obligations under this DPA.