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Conference Organiser Terms of Service
By using any of the EX ORDO web sites (in these terms we call these sites and any successor sites, and any software provided by Ex Ordo Ltd. for use with the site, “Service”, “Site”, “Application”, “Software” and in relation to Ex Ordo Ltd. and/or Ex Ordo, “we”, “us”, “our” and terms of similar meaning), or any other services of Ex Ordo Ltd you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Ex Ordo Ltd. reserves the right to update and change the Terms of Service from time to time without notice.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. If you do not agree with the changes you can cancel your account with us without further obligation, except for the payment of any amounts due or balances outstanding on your account.
1.1 For the purposes of this Agreement the services offered by EX ORDO to the Conference Organiser and Conference Participant which include (without limitation) a website, software, and conference management services are referred to as the “Services.”
1.2 A “Conference Organiser” is a natural person, partnership, or incorporated organisation which creates/owns/manages a conference using EX ORDO’s Services.
1.3 A “Conference Participant” is a person who sets up an account with EX ORDO to access a conference that has already been created by a Conference Organiser.
1.4 “GDPR” is the General Data Protection Regulation 679/2016 of the European Union.
1.5 “Data Protection” refers to the law on Data Protection as stated in the Data Protection Act 1988 (as amended) and any or all subsequent data protection legislation in force in Ireland.
1.6 For the purposes of GDPR a Conference Organiser is defined as a “Data Controller.”
1.7 For the purposes of GDPR a Conference Participant is defined as a “Data Subject.”
1.8 For the purposes of GDPR, EX ORDO is defined as both a “Data Processor” and a “Data Controller” as the case may be.
1.9 The terms “week,” “week-day,” “month” “midnight,” “year,” and “working day” shall bear the meanings set down in the Interpretation Act 2005.
1.10 “Business hours” shall mean 9:00am to 5:00pm inclusive (Irish time) on any working day.
1.11 “Day” shall mean a period of 24 hours ending at 12 midnight.
1.12 “Confidential Information” means, all information of a confidential nature relating to the relevant party to this Agreement, its servants, agents, or subcontractors which is provided to another party, its or its servants, agents, or sub-contractors, in whatever form, and includes information given orally and any document, electronic file or any other way of representing or recording information which contains, or is derived, or copied from such information but excludes information that:
is or becomes public information other than as a direct or indirect result of any breach of this agreement by the receiving party; or
is identified in writing at the time of delivery as non-confidential by the disclosing party its servants, agents, or sub-contractors; or
is known by the receiving party before the date the information is disclosed by the disclosing party to the receiving party or any of the receiving party’s servants, agents, or sub-contractors or is lawfully obtained by the receiving party after that date, from a source which is, as far as the receiving party is aware, unconnected with the disclosing party and which, in either case, as far as the receiving party is aware, has not been obtained in breach of, and is not otherwise subject to, any obligation of confidentiality;
1.13 The headings in this Agreement are for ease of reference only and shall not be taken into account in the construction or interpretation of any provision to which they refer.
2.0 Commencement and Term
2.1 This Agreement shall commence on the date when it is consented to by both parties and shall continue until terminated in accordance with the Termination Clause of this Agreement.
3.0 Supply of Services
3.1 EX ORDO shall supply Services to You from the commencement of this agreement and in accordance with this Agreement and as may be agreed by the parties from time to time.
3.2 In connection with the provision of Services, EX ORDO may, where appropriate and to the extent possible and / or practicable, contract for, or otherwise obtain goods and services from third party providers.
4.0 Your Obligations
4.1 Co-operate with EX ORDO in all matters relating to the Services; and
4.2 Provide, in a timely manner, such information as EX ORDO may reasonably require, and ensure that it is accurate and complete in all respects.
4.3 If EX ORDO has requested instructions or a consent from You with respect to any fact, matter, or circumstance which is not specified in this Agreement, EX ORDO shall not be required to take any step or action with respect to any such fact, matter, or circumstance unless EX ORDO has received such instructions or consent.
5.0 Payment for Services
5.1 In consideration for the provision of Services, you shall pay EX ORDO such amounts as may be agreed by the parties from time to time.
5.2 All amounts expressed to be payable to EX ORDO by You for the provision of any Services under this clause which (in whole or part) constitute the consideration for any supply for VAT purposes, are deemed to be exclusive of any VAT.
5.3 If VAT is or becomes payable on the provision of any Services by EX ORDO, you shall pay EX ORDO (in addition to and at the same time as paying the consideration) an amount equal to the amount of the VAT and EX ORDO shall promptly provide an appropriate VAT invoice to You.
5.4 EX ORDO shall not be liable to refund payment for services that were originally purchased in good faith but were subsequently unused or cancelled.
6.0 Limitation of Liability and Indemnity
6.1 EX ORDO and its members, officers, consultants, advisers, employees, agents and sub-contractors shall not have any liability for any loss to You arising in respect of any of the Services provided by or through EX ORDO under this agreement, unless resulting from the gross negligence, willful misconduct, actual fraud or bad faith (which has a material adverse effect on You) of EX ORDO or any of its members, officers, consultants, advisers, employees, agents and sub-contractors.
6.2 You shall, to the fullest extent permitted by law, indemnify and hold harmless EX ORDO from and against any and all losses, liabilities, damages, expenses or costs suffered, incurred or sustained by EX ORDO by reason of its appointment and the performance of its duties pursuant to the terms of this Agreement, except those resulting from the gross negligence, willful misconduct, actual fraud or bad faith (which has a material adverse effect on You) of EX ORDO or any of its members, officers, consultants, advisers, employees, agents or subcontractors.
6.3 EX ORDO may rely on any law or accounting firm, tax adviser or other professional appointed by EX ORDO and shall not be liable for any claim by the You to the extent that it was acting in good faith upon the advice of such adviser.
6.4 You agree expressly, and acknowledge, that, as a Conference Organiser, you are acting by way of business and are not a consumer for the purposes of the Sale of Good and Services Act 1980 (as amended) and that Section 39 of the Sale of Good of Services Act 1980 (as amended) do not apply to this Terms of Service Agreement.
6.5 You agree that any and all terms and conditions implied under the Sale of Goods and Services Act 1980 (as amended) are excluded to the fullest extent permitted by law.
6.6 You agree and acknowledge that the Electronic Commerce Act 2000 (as amended) and its associated regulations apply to this Agreement.
7.0 Ownership of EX ORDO Services
7.1 The Services are owned by EX ORDO. The content of the Services belongs to EX ORDO unless indicated otherwise.
7.2 Copyright and all intellectual property rights in the content of the Services are vested in EX ORDO and reserved, unless indicated otherwise.
7.3 The EX ORDO brand names and logos, are unless otherwise stated, registered trademarks.
7.4 All reproduction, use and/or modification of EX ORDOs Services, made without the prior written permission of EX ORDO, constitutes an infringement of copyright.
8.0 Your Conference Participant(s)’ Rights as a Participant / Data Subject.
8.1 As a Data Controller under GDPR, you agree that you are required to uphold the rights of Conference Participants as Data Subjects. EX ORDO offers its services to you on the basis that you will uphold the rights of Conference Participants at all times. For a statement of the rights of Data Subjects under GDPR please see Schedule One.
8.2 It is a condition precedent of this Agreement that You have obtained the consent of the Conference Participants in your conference to the use of their personal data (including special category data).
9.0 Your Duties as a Conference Organiser
9.1 As a Conference Organiser you are a Data Controller and required under Article 24 of GDPR to implement appropriate technical and organisational measures to ensure, and to be able to demonstrate, that the processing of Conference Participants’ data is performed in accordance with GDPR.
10.0 Special Categories of Data
10.1 You agree that you may seek special categories of personal data (as defined in Article 9 of the GDPR) namely
“personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation”
only with Conference Participants’ clear, explicit, and recorded, consent, and only for the purpose of offering the services for which you have contracted with EX ORDO, its servants or agents or some other lawful purpose.
10.2 EX ORDO advises against the collection of special categories of data unless absolutely necessary. In any event, You agree that EX ORDO may delete and erase special categories of data regarding data subjects within three months of the completion of every conference event.
11.0 Indemnification Regarding Special Categories of Data
11.1 You shall, to the fullest extent permitted by law, indemnify and hold harmless EX ORDO from and against any and all losses, liabilities, damages, expenses or costs suffered, incurred or sustained by EX ORDO by reason of the loss, disclosure, or misuse of or damage to Conference Participants’ special category data, by you or any third party.
12.0 Consent of Conference Participants
12.1 It is fundamental term of this agreement that, as a Conference Organiser, you agree, represent, and warrant that you have the explicit consent of the Conference Participants to the collection, use, and processing, (including automated processing) of their data (including special categories of data) both within and outside the European Union (if required).
13.0 Setting Up and Using Your Account
13.1 To register and use the Services, you agree to:
provide your full legal name, a valid email address, and / or a valid postal address, and any other information reasonably required in order to complete the signup process;
be 18 years of age or older;
be a human being. Accounts registered by "bots" or other automated methods are not permitted;
promptly discharge all charges and other monthly fees as they fall due to access and use the WEBSITE, the SOFTWARE, and the SERVICE OFFERING; and comply with these Terms of Service.
To indemnify EX ORDO for any failure on your part to respect and / or protect the rights of Conference Participants under GDPR.
13.2 You are responsible at all times:
for maintaining the security of your account and password. EX ORDO cannot and will not be liable for any loss or damage from your failure to comply with this security obligation; and
for all content posted and activity that occurs under your account.
For complying with your duties as a Data Controller under GDPR and in particular your duties to any data subjects whose data you control.
14.0 Cancellation and Termination of Your Account
14.1 Upon cancellation or termination of your account, all your content will be deleted from the service after 30 days.
14.2 Within the 30 day period, upon request, EX ORDO will provide you with an EXCEL file containing your conference data and any papers, presentations or other material uploaded by you or your conference participants to EX ORDO related to that conference. Once deleted, this information cannot be recovered.
14.3 EX ORDO may terminate your account at any time upon notice should you violate this Agreement or otherwise fail to comply with your obligations hereunder.
15.0 EX ORDO’s Content
15.1 You expressly acknowledge that the website, the software and the Services offering developed by or on behalf of EX ORDO each contain information, text, files, software, applications, code, hidden text, databases, pictures, photographs, video footage, graphics, music, sounds and other materials that are protected by copyright, trademarks, trade secrets, patents, designs or other proprietary and intellectual property rights, and that these intellectual property rights are valid and protected in all forms, media and technologies existing now or developed in the future. You agree that all rights, titles and interests in and to these aforementioned materials, the website, the software, and the Services and all intellectual property rights therein are and shall remain the exclusive property of EX ORDO.
16.0 Grant of Licence
16.1 Upon opening an account and during the continuance in force of this Agreement, EX ORDO shall grant, and grants hereby to you a non-exclusive, royalty-free, non-transferable, revocable licence under the intellectual property rights in the Services for your non-commercial purposes only, subject to this Agreement.
17.0 No Implied Licence
17.1 Except as explicitly granted in this Agreement, no licence, immunity, or other right is granted or assigned under this Agreement, either directly or indirectly, by implication, estoppel or otherwise, to you with respect to any of the intellectual property rights of EX ORDO.
18.0 Prohibited Uses
18.1 You agree, represent, and warrant, that you will not at any time:
reverse engineer or decompile the software or any intellectual property right in the software, except and only to the extent authorised by applicable law;
remove any patent numbers, copyright notices or other notices from the Services;
use the Services, or any part thereof, for any purpose or do any act which would or might infringe the EX ORDO intellectual property rights;
use the Services, or any part thereof, to create, publish, post, upload, transmit, disseminate or endorse any message, data, information, text, name, software, graphics, files materials or other content that is unlawful, libellous, defamatory, profane, obscene, pornographic, indecent, threatening, harmful, or for any other unlawful purpose;
transmit any worms or viruses or any code of a destructive nature when using or otherwise in connection with the Services; or
modify, adapt or hack into the Services or modify another website or service so as to falsely imply that it is associated in any way with the Services or any other EX ORDO service.
use the Services, or any part thereof, for any purpose or do any act which would or might infringe the rights of your Conference Participants as outlined in EX ORDO’s terms of service to Conference Participants and / or GDPR.
19.0 Your Content
19.1 EX ORDO has no responsibility or liability for content uploaded by you to its web application, or for any loss or damage your content may cause to You or other people, companies or organisations. EX ORDO claims no intellectual property rights over the new material you create independently and provide to the EX ORDO website. Your profile and materials uploaded remain yours. You will use the Services and exercise your rights under this Agreement in accordance with all applicable laws (including without limitation copyright laws).
20.0 Monitoring and Altering Content
20.1 EX ORDO does not screen content in advance of publication, but reserves the right, at its sole and absolute discretion, to screen and/or remove or edit without notice any content posted or stored on the website that is objectionable to it for any reason (or to appoint a third party to do any of the foregoing). EX ORDO may do this at any time. You are solely responsible for maintaining copies of, and replacing, any content you post or store on the Services.
21.0 Third Party Material
21.1 To the extent the Services include or refer to any third party materials, the ownership of such third party materials shall be vested in the third party concerned. EX ORDO is in no way responsible for the content, accuracy or reliability of any such third party materials.
22.0 Technical Support and Hosting
22.1 Technical support to the Conference Organiser is provided by EX ORDO to You. Support is available via email, telephone, and screen share support at the start of conferences. All queries from the Conference Participants should be directed to the Conference Organiser.
23.0 Third Party Vendors
23.1 You understand that EX ORDO uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. Some of these third parties may provide their services from locations outside the European Union. A list of these vendors is provided at Schedule Two and on EX ORDO’s website.
23.2 Accordingly, You understand that the technical processing and transmission of the Services, including your content, involve
transmissions over various networks;
processing of personal data both within and without the European Union; and
changes to conform and adapt to technical requirements of connecting networks or devices.
23.3 If your conference disk space or bandwidth usage significantly exceeds the average usage (as determined solely by EX ORDO) of other EX ORDO customers, we will notify you and ask you to reduce the usage within 14 days. After 14 days, we reserve the right to disable your account until your usage is reduced to an acceptable level.
24.0 Disclaimer Regarding Limitations to Services
24.1 You agree, represent, and warrant, that your use of the Services is at your sole risk.
24.2 The Services are provided on an "as is" and "as available" basis.
24.3 You agree and understand that EX ORDO does not warrant that;
Services will meet your specific requirements,
Services will be uninterrupted, timely, secure, or error-free,
the results which may be obtained from the use of the Services will be accurate or reliable,
the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and
any errors in the Services will be corrected.
25.0 Data Protection and Consent
25.1 EX ORDO will not collect any personal data about you on the Services without your permission. EX ORDO does not share your personal information, unless you have given your consent to sharing such information, or is so required by law or court order.
25.2 EX ORDO employs the services of business partners which may process your data both within and without the European Union. By agreeing to this Agreement, you acknowledge that you have been explicitly informed of this fact and, that in agreeing to this Agreement, You give your consent to the processing of your personal data by these partners.
26.1 This Terms of Service Agreement is governed by the laws of Ireland and all legal disputes are to be tried by the Courts of Ireland.
27.1 The failure of EX ORDO to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
28.0 Entire Agreement
28.1 This Agreement constitutes the entire agreement between you and EX ORDO and governs your use of the Services, superseding any prior agreements between You and EX ORDO.
28.0 Security of your data
28.1 To ensure maximum security to the greatest extent that is reasonably possible and commercially prudent EX ORDO manages its own servers. EX ORDO employees are the only people who may access your data on these servers.
28.2 Where EX ORDO uses third parties to process the data from your conference, these third parties have agreed to respect Conference Participants rights and your rights under GDPR.
28.3 By becoming a customer of EX ORDO you consent to the processing of your Conference Participants’ data and warrant and promise that you have the consent of your Conference Participants for the processing of their personal data by third parties both within and without the European Union.
28.4 EX ORDO servers are located, for the time being, in a data centre in the Federal Republic of Germany and as such are governed by GDPR. The servers of third parties may not be located within the European Union.
29.0 Interpretation and Severance
29.1 The Terms and Conditions of any Conference Organiser’s policies as they relate to the provision of Services by EX ORDO, its servants or agents, to Conference Participants, are severed to the extent that they conflict with this Agreement, the Data Protection Policies of EX ORDO, the Laws of Ireland, or the Terms and Conditions of the Agreement of EX ORDO with Conference Participants.
29.2 In the event that any term, condition or provision of this Agreement is held to be in violation of any applicable law, statute or regulation the same shall be deemed to be deleted from this Agreement and shall be of no force and effect and this Agreement shall remain in full force and effect as if such term, condition or provision had not originally been contained in this Agreement. Notwithstanding the foregoing in the event of such deletion the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable and satisfactory alternative provision in place of the provision so deleted.
30.0 Service of Notices
30.1 Any notice or other communication whether required or permitted under this Agreement shall be given in writing and shall be deemed to have been duly given if delivered, at the election of EX ORDO, by email to you, or sent by post to You at the email and / or postal addresses, held at the time of sending by EX ORDO, for You, under this Agreement. Any such notice will have been deemed duly served and received forty eight hours after service by email, or one week after posting by prepaid post.
31.1 This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assignees.
32.1 EX ORDO or You may terminate this agreement insofar as it relates to the provision of Services upon 90 days notice in writing to the other party (or such notice period as may be agreed by the Parties in writing from time to time).
32.2 EX ORDO may terminate this Agreement in respect of the provision of Services with immediate effect by written notice to the other party at any time after the occurrence of one or more of the following termination events;
32.3 You commit a material breach of this Agreement and either; 1) the breach is not capable of being remedied, or; 2) the breach is not remedied within 14 days; or
32.4 You are unable or admit you are unable to pay your debts as they fall due or You suspend making payments on any of your debts for the Services; or
33.5 In respect of You, any corporate action, legal proceedings or other procedure or step is taken (or any analogous procedure or step is taken in any jurisdiction) in relation to the appointment of a liquidator (other than in respect of a solvent liquidation), receiver, examiner, administrator, administrative receiver, compulsory manager, or similar officer in respect of any of your assets; or
33.6 You commit any fraudulent action or negligent action or omission in respect of your duties under this Agreement.
33.7 EX ORDO shall be entitled to receive any fees of expenses due, pursuant to the Payment for Services clause above, including any VAT payable under the said clause for the total value of the services purchased, but EX ORDO shall not be entitled to compensation in respect of such termination.
33.8 The provisions of the Termination Clause, Limitation of Liability and Indemnity Clause, and Confidentiality Clause, shall survive the termination of this Agreement with respect to any events occurring or matters arising during the term of this Agreement.
33.9 Termination shall not affect accrued rights, indemnities, existing commitments or any contractual provision intended to survive termination and shall be without penalty of additional payment.
33.10 On termination of their appointment pursuant to the provisions of this, termination, clause, EX ORDO shall (to the extent technically practicable and permitted by law or regulation) deliver to You a copy of your Conference Data, excluding the personal data of Conference Participants unless You can provide EX ORDO with copies of the individual notifications of consent of the said Conference Participants.
34.0 Confidentiality and Non-Disclosure
34.1 Each party undertakes to keep confidential and not to disclose any and all Confidential Information of the other party, its servants, or agents or sub-contractors save where disclosure of such Confidential Information is required by law or a court order.
34.2 Each party undertakes to protect Confidential Information with appropriate security measures and a degree of care that would apply to the disclosing party’s own confidential information.
34.3 Each party undertakes to keep confidential and not disclose to anyone the fact that Confidential Information has been disclosed to it and to use all reasonable endeavours to ensure that any person with whom the party discloses any Confidential Information to acknowledges and complies with the terms of this Agreement as if that person were also a party to it.
34.4 Each party undertakes, promises, and agrees that it will not disclose to any third party whatsoever, save as may be required by law, any commercially sensitive information howsoever obtained in connection with the execution of this Agreement.
35.1 Should a dispute arise between the Parties to this Agreement relating to the execution of this Agreement, the Parties agree, in the first instance, to seek the services of a qualified mediator who will be appointed by both Parties and whose professional fees will be discharged by both Parties on an equal basis unless agreed otherwise.
35.2 Should the Parties fail to agree on a mediator, the Parties shall request the President or Chief Executive Officer or such officer holding similar roles, for the time being, of the Mediation Institute of Ireland to appoint a mediator.
35.3 Should the Parties fail to compose their dispute by mediation, the parties agree to place the matter before an qualified arbitrator who will be appointed by both Parties and whose professional fees will be discharged by both Parties on an equal basis unless agreed otherwise.
35.4 Should the Parties fail to agree on an arbitrator, the Parties shall request the President, or Chief Executive Officer or such officer holding similar roles for the time being, of the Chartered Institute of Arbitrators (Irish Branch) to appoint an arbitrator.
RIGHTS OF CONFERENCE PARTICIPANTS UNDER GDPR
Conference Participants have the following legally enforceable rights under GDPR;
Conference Participants own their personal data.
Conference Participants may;
access their personal data,
modify their personal data,
request the deletion or erasure of their personal data,
request a copy of their personal data in a machine readable format,
object to automated individual decision making regarding their data.
Conference Participants have the right to know the purposes for which processing is taking place.
Conference Participants have the right to know that EX ORDO uses partner companies to provide services, including (but not limited to a mobile conference application service) which use their personal data to provide them with services and which permit EX ORDO to optimise its services to them.
Conference Participants must consent to the processing of their personal data.
Conference Participants have the right to restrict the processing of their personal data when;
there is a dispute about the accuracy of their information, or the processing of their data is unlawful,
they need their data to establish, defend, or exercise, a legal claim, or they have lodged a claim under Article 21(1) of GDPR.
Conference Participants have the right to clear communication from EX ORDO and / or the Conference Organisers regarding;
The identity and contact details of EX ORDO and / or the Conference Organiser(s).
The purposes for which their data is being processed; the legal basis for processing their data; if any third parties are receiving their data; that their data may be transferred to a third country; the existence of an EU Adequacy decision or other safeguards for their data in the third country.
Conference Participants have the right to be notified of any breach of the security of their data if such a breach is likely to lead to a significant risk to their rights and freedoms.
How long their data will be stored,
That they may withdraw consent to the processing of their data;
That they may complain to the Data Protection Commissioner of Ireland
That is a contractual term of signing up for EX ORDO’s services that they provide personal data. Failing to provide their personal data means that EX ORDO cannot provide its conference management service to them.
That EX ORDO uses profiling of personal data to monitor its services to them and to improve its service offering. EX ORDO makes no automated decisions regarding them based wholly on automatic processing.
That EX ORDO does not intend to process their data for purposes other than those for which it has obtained with their consent.
That EX ORDO intends to transfer personal data to recipients outside the European Union, specifically the United States of America, to enable EX ORDO to provide a mobile conference application service to them.
Conference Participants have the right to know the following;
Amazon Web Services