Notable Changes to General Terms
Below is the list of notable changes to the Energage General Terms organized by date updated and section changed.
January 13, 2020
Section 1.1 ENERGAGE SERVICES
Clarification: Access to Services ordered will be terminated at the end of the subscription term.
March 6, 2020
Section 5.4 LICENSE FOR RESEARCH AND DEVELOPMENT
Clarification: The use of de-identified, aggregate data (data sets) may be used in employer recognition programs.
March 15, 2020
Section 5.8 ENERGAGE INTELLECTUAL PROPERTY RIGHTS
Clarification: Services provided, data sets, reports, survey statements are considered Energage IP.
Section 7.2 UNACCEPTABLE USES
Clarification: Energage survey statements or content accessed through the Services cannot be used within another tool not provided by Energage.
Section 8.2 TERMINATION WITHOUT CAUSE
Clarification: Notice of termination must be provided before 30 days prior to the end of the subscription term.
April 14, 2020
Section 2.3 AUTOMATIC RENEWAL
Change: Renewal notice adjusted from 30 days to 60 days.
May 6, 2020
Section 8.5 CONSEQUENCES OF TERMINATION
Addition: Explicit statement that Energage reserves the right to collect outstanding fees as stated in the Service order.
July 13, 2020
Clarification: Edited for consistent use of terms (E.g. Changed Company to Customer)
Definitions
Addition: Defined Service Order as the contract that outlines the specific services used by Customer.
Section 2.3 AUTOMATIC RENEWAL
Change: Adjusted renewal from 30 days prior to subscription term date to 0 days prior to subscription term date.
Clarification: Customers must provide 30-day notification for subscription cancellation.
Section 5.7 CUSTOMER LISTS
Clarification: Organizations may be contacted by an Energage partner for the purpose of an employer recognition program.
July 15, 2020
Section 7.5 DISQUALIFICATION & WITHDRAWAL
Addition: Section clarifies Energage’s right to disqualify customers from an employer recognition program for conduct that interferes with or harms the integrity of the program.
August 3, 2020
Section 7.1 LEGAL COMPLIANCE
Clarification: The lawful and non-discriminatory use of respondent information pertaining to race, nationality, gender or other protected category.
September 18, 2020
Section 5.10 CUSTOMER-PROVIDED CONTENT
Addition: Section clarifies that customer is responsible for all rights and permissions required to use non-Energage content within Energage Services.
June 8, 2021
Definitions
Addition: Defined Employer Recognition Program
Section 2.1 FEES FOR SERVICES
Clarification: Fees for Services purchased are due whether Services are used or not.
Section 6.3 CUSTOMER COMMUNICATIONS
Addition: Section ensures Customer receives operational communication necessary for operating, administering, and supporting Energage Services
October 11, 2021
Definitions
Clarification: Users includes survey invitees
Section 1.4 CUSTOMER THIRD PARTY SERVICES
Clarification: The title of this section has been changed from THIRD-PARTY SERVICES to clarify that this section refers to the Customer’s potential third-party services, not Energage’s.
Section 2.2 PRICE CHANGES AND USER INCREASES
Clarification: Energage reserves the right to calculate the total number of Users periodically and if the number of Users exceeds your current Subscription, Energage may invoice you for the additional Users on a pro-rated basis for the remaining period left in your Subscription Term.
Section 2.3 AUTOMATIC RENEWAL
Clarification: With automatic renewal, your Services Subscription will renew at price not greater than 10% above previous Term price for the successive Subscription Term.
Section 3.2 SECURITY
Addition: Section references Energage’s Trust and Security information (located here: https://www.energage.com/trust/) for information about security, data protection, and data processing.
Section 5.9 ENERGAGE PLATFORM THIRD-PARTY SERVICES
Clarification: The title of this section has been changed from PLATFORM SUB-PROCESSORS to clarify that this section refers to Energage third-party services.
Removal: The word “sub-processor” has been removed because that topic is covered in detail in Energage’s Data Processing Agreement. The link to that is now stated in Section 3.2, as noted above.