Notable Changes to General Terms

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.

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.

Section 2.3 AUTOMATIC RENEWAL

Change: Renewal notice adjusted from 30 days to 60 days.

Section 8.5 CONSEQUENCES OF TERMINATION

Addition: Explicit statement that Energage reserves the right to collect outstanding fees as stated in the Service order.

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.

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.

Section 7.1 LEGAL COMPLIANCE

Clarification: The lawful and non-discriminatory use of respondent information pertaining to race, nationality, gender or other protected category.

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.

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

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.