817-485-5658
Home Our Story &
Promise
Prices Testimonials &
Case Studies
Contact Us WebEx
Booking Software Avail Network Superior Customer Service Innovation & Ideas
How To Guides Learn More About Book-It Remote Offices Friends & Affiliates
Follow Us On:
 

Skip Navigation Links
Home
News
Products
Book-It
AgentAvail
ArtistAvail
OfficeAvail
Business Solutions
Prices
Book-It Help
Contact Us
Help Desk
About Us
Friends & Affiliates
Web Ex
Privacy Policy
Terms of Use

What our customers are saying:

George Michailow of Fast Lane International: "Thank you for being there for Fast Lane International from day 1. You are the most supportive, helpful and responsive company when it comes to customer service , tech support and trouble shooting. I added you to my Company's favorites page and give youabig thumbs up"

Tom Ingegno of OmniPop: “I've been using Book-It since 1992 and I'm very happy with the results. Changes and updates have always been customized for our needs.”


EBT Maintenance Agreement

COMMXTECH d/b/a ENTERMAINMENT BUSINESS & TECHNOLOGY "EBT"
PER USER SOFTWARE MAINTENANCE AGREEMENT

This agreement sets forth the terms applicable to the purchase of maintenance services for Book-It Program, BKX, BK2, AvailSoftware, or ArtistAvail (“Service”), software licensed on a per user basis and subject to the EBT software license agreement. This agreement does not apply to clients that have a separate written maintenance agreement with EBT.


Use of Service Terms
  1. You must be 18 years of age to agree to the following terms.
  2.  You must be authorized to use the credit card attached to the EBT account.
  3.  You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  4.  You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  6. Maintenance price is based upon customizations and needs of the Client, and can be changed.
Re-Occuring Payment and Refund Terms
  1. A valid credit card is required for paying accounts. Trial accounts are not required to provide a credit card number.
  2. The Service is billed in advance on a monthly basis and is non-refundable. 
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  4. If at anytime a payment is not made for the current month you have 10 days to make payment. If payment is not received you forfeit any maintenance services, and are subject to any pricing and agreement based on non-maintenance status.
Maintenance Terms & Time

Since Maintenance is a monthly service and can be canceled at any time EBT has a graduated Maintenance program that all users must comply to. There are no exceptions.

  1. 0-6 Months on Maintenance: Available for current updates, without cost (if not customized changes) Receive 15% off any major upgrades
  2. 6-12 Months on Maintenance: Available for current updates, without cost (if not customized changes) Receive 20% off any major upgrades
  3. 1 Year or More on Maintenance: Available for current updates, without cost (if not customized changes) Receive up to 80% off any major upgrades

If at any time you have been on EBT maintenance, but have chosen to go off the plan you are not eligible for the discounts as those who have remained on maintenance.

If you decided not to update your software, at the time an update was available, and you are on a version EBT no longer supports, at the time of a major upgrade you will be given New Customer status and all pricing and availability will be provided accordingly.

 

Term and Payment
1.1 CommxTech d/b/a Entertainment Business & Technology . (“EBT”) hereby offers to provide the following software maintenance and support services for the software (the “Covered Software”) for which the maintenance services are purchased by the client (“Client”) pursuant to a written order (“Order”). To the extent that Client and EBT have entered into a written agreement regarding maintenance services for EBT software, the terms of such written agreement will prevail over this Software Maintenance Agreement with respect to such EBT software.
 
1.2 Client shall pay EBT the monthly maintenance fee (the “Maintenance Fee”) in advance. EBT reserves the right to change the Maintenance Fee from time to time upon 30 days written notice, which change shall become effective upon the next Renewal Term. If specified on an Order, the Maintenance Fee may be included in the monthly license fee for the Covered Software if licensed on a fixed-term subscription basis.
 
1.3 Unless otherwise set forth in an Order, these terms and conditions shall be in effect for a monthly term, and shall renew automatically for successive terms (each, a “Renewal Term”) unless either party provides the other with written notice of its intention not to renew at least 30 days prior to the next renewal date. Without prejudice to its other rights, EBT may terminate support and maintenance services under in the event that: (a) Client fails to pay the applicable Maintenance Fee; or (b) Client’s license to the Covered Software for which Client has purchased support and maintenance services is terminated.
 
Scope of Maintenance
2.1 EBT will provide the software maintenance and support services listed in Sections 2.2 through 2.4 to the Client for the Covered Software while the maintenance fee for the Current Release of the particular Covered Software is in effect and paid in full. “Current Release” means the then-current unmodified, unimproved release of the Covered Software made generally available by EBT to similarly situated customers. EBT shall not be obligated to provide maintenance or support services for any customizations or modifications to the Current Release as part of the Maintenance Fee. Such services may be available from EBT for an additional fee. EBT may provide maintenance and support services for the version of the Covered Software immediately preceding the Current Release at its discretion
 
2.2 EBT will use reasonable efforts to correct any failure in the Covered Software to substantially comply with its Documentation (“Errors”), provided such Errors are identified by Client in writing, are replicable by EBT, and confirmed by EBT to arise directly from the unmodified Covered Software. “Documentation” means the help screens accessed from within a Covered Software and any printed or electronic user manuals provided to Client in connection with the Covered Software. Documentation does not include training or course materials licensed or sold separately. In particular, EBT will use reasonable efforts to proceed as described below:
 
2.2.1 If an Error causes the Covered Software to be wholly inoperative, or so severely impaired that that Client is unable to use the Covered Software to perform any of its intended functions in accordance with the Documentation supplied by EBT, (“Severity 1 Error”), EBT will: (a) within one (1) business day after receiving notice of a Severity 1 Error from Client, assign at least one qualified technician to dedicate full time within EBT normal business hours to provide a correction or procedural workaround sufficient to reduce or eliminate the effect of the Severity 1 Error; and (b) within five (5) business days after receiving notice of a Severity 1 Error from Client, provide an error correction or procedural workaround sufficient to alleviate any material adverse effect of the Severity 1 Error on the operation of the Covered Software.
 
2.2.2 If an Error causes the Covered Software to fail to function in material accordance with its Documentation so that one or more material functions are severely impaired but the Covered Software is still operational with respect to other functions (“Severity 2 Error”), EBT will, within ten (10) business days after receiving notice of a Severity 2 Error from Client, provide an error correction sufficient to alleviate any material adverse effect of the Severity 2 Error on the operation of the Covered Software.
 
2.2.3 If an Error reported by Client causes inconvenience, but does not materially and adversely affect the functionality of the Covered Software (“Severity 3 Error”), EBT will endeavor to include a correction of such Severity 3 Error by the next Update or Upgrade of the Covered Software.
 
2.3 EBT will provide Client with support by telephone or e-mail during the support hours posted at EBT client support website for the Covered Software. Such support is limited to the use of reasonable commercial efforts to answer questions from Client regarding the general utilization of the Current Release, but does not include support relating to any changes or customizations made to the Current Release, or assistance with design, development and debugging of code or implementations, including but not limited to creation or deployment of customizations or developments using development or authoring tools licensed by EBT. In connection with any request by Client for support, Client shall provide EBT with all information and access to Client’s computers that is reasonably necessary to respond to the request.
 
2.4 EBT shall provide Updates to the standard version of the major Covered Software at no additional cost to the Client. “Updates” shall mean updated, or revised versions of the Covered Software which may include Error corrections and other enhancements that EBT, at its sole discretion, makes available to EBT customers who are similarly situated to Client at no additional charge. Updates shall not include any new releases which contain substantially new or different functionality, which EBT licenses as separate products or which EBT creates at the request of a specific Client.
 
Other Support Terms
3.1 Client shall designate in writing to EBT up to three (3) appropriate and knowledgeable persons to serve as Client’s liaisons with EBT and through whom all contacts and questions shall be presented to EBT. Client’s liaison persons may be changed by Client by providing written or email notice to EBT.
 
3.2 From time to time upon Client’s request, EBT may provide additional services outside the scope of the Maintenance Services to provide support or correct difficulties or defects caused by Client’s errors, hardware system changes, interactions with other software of Client, assistance with design, development and debugging of code or any authorized changes or customizing made to the Software Programs. The scope and costs of such additional services will be separately agreed upon by the parties in writing.
 
3.3 In the event that Client makes any unauthorized modifications, enhancements or improvements to the Covered Software, EBT shall be relieved of its obligations to provide support and maintenance services for any portion of the Covered Software which has been affected, directly or indirectly, by such changes, modifications, enhancements or improvements.
 
3.4 Client acknowledges that EBT has the right to discontinue the manufacture and development of any of the Covered Software and the Maintenance Services for any Covered Software, including without limitation the distribution of older versions of the Covered Software, at any time in its sole discretion, provided that EBT agrees not to discontinue the Maintenance Services during the active term of Client’s Order for Maintenance Services.
 
Warranty Disclaimer
THE MAINTENANCE SERVICES ARE PROVIDED ON AN "AS IS” BASIS WITHOUT ANY WARRANTIES (EXPRESS OR IMPLIED) WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIABILITY, QUALITY, PERFORMANCE OR FITNESS FOR ANY PARTICULAR PURPOSE.
 
Limitation of Liability
EBT AND ITS THIRD PARTY SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF EBT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EBT AND ITS THIRD PARTY SUPPLIERS’ LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE FEES PAID BY CLIENT FOR THE MAINTENANCE SERVICES. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY RISK, WHICH IS SET FORTH IN THIS SECTION. The foregoing limitations will apply even if the above stated warranty fails of its essential purposes. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation may not apply.
 
Sanctions Compliance
Client recognizes that EBT is subject to U.S. laws and regulations which require that EBT comply with certain economic and trade sanctions, and other applicable laws. Accordingly, Client warrants that it is not owned or controlled by, nor does it own or control, a person or entity that is (i) on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or any list of known or suspected terrorists, terrorist organizations or other prohibited persons published by any jurisdiction in which the Client is doing business, or (ii) subject to economic or trade sanctions imposed by the United States Government, which restrict U.S. companies from engaging in financial transactions with such entity for any reason, including but not limited to being resident or headquartered in or a governmental entity of a country subject to such sanctions (currently Burma, Cuba, Iran, and Sudan) or a Designated National under the U.S. Cuban Assets Control Regulations. Client further warrants that it is neither resident in nor headquartered in a country to which the export or re-export of goods or technologies that are subject to the U.S. Export Administration Regulations are generally embargoed (currently North Korea and Syria) nor is it owned or controlled by a governmental entity of such country. Additionally, Client warrants that no EBT products or services will be supplied to or used for the benefit of persons or entities resident in any of the aforementioned sanctioned or embargoed countries or any governmental entity thereof. Client agrees that it will notify EBT if these circumstances change. For purposes of this provision, references to “ownership” are defined to mean any ownership interest, direct or indirect, of 50 percent or more, and references to “control” are defined to mean the right or ability to, directly or indirectly, dictate the decisions, actions, and/or policies of an entity or its management by any means.
 
Amendments
EBT reserves the right to amend this agreement from time to time by posting such amended Terms and Conditions on its support website, which shall constitute notice to Client of the amended agreement. Any such amendments will become effective with respect to Client upon the next Renewal Term, and Client’s renewal of Maintenance Services shall constitute acceptance of the amended terms.
 
General
If any provision of this agreement is held unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement shall continue in full force and effect. Client may not assign this agreement or any of its rights or duties under this agreement without the prior written consent of EBT, and any such purported assignment shall be null and void. Subject to the foregoing, this agreement shall be binding upon and shall inure to the benefit of each party, its successors, administrators, heirs, and assigns. This agreement is governed by the laws of the State of TEXAS, without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods. The parties hereby consent to the jurisdiction of the courts located in Fort Worth, Texas, U.S.A. in any action arising out of or relating to this agreement, and agree that any action arising out of or relating to this agreement shall be maintained in the same jurisdiction. In the event of a dispute arising out of or in connection with this agreement, the party prevailing in such dispute shall be entitled to recover its reasonable expenses, costs and attorneys’ fees, in addition to all other appropriate relief. This agreement, together with any Orders or other documents referencing this agreement, constitutes the complete and exclusive understanding and agreement of EBT and Client relating to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements and communications with respect to the subject matter hereof, including but not limited to the terms set forth in any standard customer purchase order.