Terms and Services

Membership in the Technology Services Industry Association (“TSIA”) is governed by these Terms and Conditions. TSIA reserves the right to change the Membership Terms and Conditions upon notice to Members.

  1. Benefits. Membership benefits are as listed on the following page on the TSIA website: http://www.tsia.com/membership.
  2. TSIA Deliverables. TSIA delivers to Member companies from time to time the benchmarks, industry analyses, trend studies, surveys and other aggregations, compilations, studies and analyses to which those companies are entitled by reason of their Membership in TSIA (“TSIA Deliverables”). TSIA Deliverables take the form of research reports, primary research data, primary research study readouts, live and on-demand webcasts, research inquiry responses, and conference presentations. All TSIA Deliverables are the copyrighted property of TSIA.
    1. Internal Use
      1. In general, TSIA Member companies are encouraged to distribute/share all TSIA Deliverables, both that which is in the public domain and that which is available to them through their service discipline memberships ("Member-protected" content) to as many company employees, and toward any internal use as they deem appropriate.
      2. This includes:
        1. Posting TSIA Deliverables to internal websites or other means of mass internal distribution
        2. Including TSIA Deliverables in slides for internal presentations
        3. Referencing TSIA Deliverables during company meetings
      3. In every case, appropriate attribution of the source/author of the Deliverable, whether TSIA or a Member or Partner company, is required.
    2. External Use
      1. TSIA Deliverables that are in the public domain, i.e., that are not Member-protected, may be freely shared with external third parties (customers, prospective customers, partners, analysts, investors, and others), provided that there is appropriate attribution to the source of the content (i.e., TSIA or one of its Member or Partner companies).
      2. TSIA Member-protected Deliverables may not be shared with external third parties, including agents acting on behalf of a Member company. This includes especially individual Member company and industry data from TSIA primary research studies, including Benchmark Surveys, Member Surveys, and Multi-Member Studies. TSIA primary research data may not be used for external sales and marketing purposes, including sales presentations, advertising, and marketing campaigns. Such information is intended exclusively for the Member company’s internal use.
  3. Exchange of Information. TSIA and Member contemplate that they will both exchange data and information for use in developing benchmarking studies, STAR Awards, industry analyses and member-specific assessments and surveys. Member may disclose such information as it deems necessary and helpful for these purposes. While TSIA is committed to respecting the integrity of its members’ information, information delivered to TSIA shall be treated as confidential only as provided in this provision.
    1. Confidential Information. Information delivered by Member to TSIA shall be deemed Confidential Information (i) if it is clearly marked as “Confidential Information,” (ii) if disclosed orally, if it is designated as Confidential Information at the time of disclosure and confirmed as such in writing within a reasonable time thereafter, or (iii) if it should reasonably be considered confidential given the nature of the information and the circumstances surrounding disclosure.
    2. Protection of Confidential Information. TSIA shall use commercially reasonable efforts to maintain the secrecy and confidentiality of Confidential Information disclosed to it by Member. Such efforts shall include, at a minimum, security measures and confidentiality procedures commensurate with those measures it uses to protect and secure its own proprietary and confidential information.
    3. Use of Confidential Information. Notwithstanding the foregoing, TSIA shall have the right to aggregate and compile Member’s Confidential Information with Confidential Information and other data and information for the purpose of creating and publishing benchmarks, industry analyses, trend studies and surveys, provided, however, that TSIA will not disclose the source of the Confidential Information so used by company name or other identifying information without the written consent of Member. 
    4. Confidential Information shall not include information that (i) has become public knowledge through no fault of or action by TSIA; (ii) is known by TSIA at the time of disclosure by the Member, (iii) is independently developed after the date hereof by TSIA; (iv) is lawfully obtained by TSIA from any third party which is lawfully in possession of such information and not in violation of any contractual or legal obligation to the Member with respect to such information; or (v) the Member agrees in writing may be disclosed by TSIA.
    5. TSIA shall return to the disclosing Member or destroy any Confidential Information in TSIA’s possession upon written request of the Member.
  4. Privacy. The collection and use of personal information of members’ individual users is governed by our Privacy Policy, which is incorporated by reference herein.
  5. Third Party Services. TSIA partners with third parties from time to time for the purpose of delivering products or services that are part of TSIA’s membership offering. These third parties have their own terms of service, privacy policies, and data security policies and practices, which govern such products and services. Member acknowledges and agrees that these third parties are not agents of TSIA and that TSIA is not responsible for the privacy and security practices of such third parties and any privacy or security breaches that they may cause. TSIA disclaims all liability in connection with such third party services and their privacy and security practices.
  6. Conference Vouchers. Conference vouchers can only be used to attend the events specified in the Membership Agreement, and cannot be applied towards the purchase of any other TSIA product or service.
    1. No credits or refunds will be issued for unused conference vouchers.
    2. Conference vouchers cannot be carried over to a future membership term.
    3. Once redeemed, conference vouchers are subject to the Cancellation Policy published on the Technology Services World web site.
  7. Research Inquiries
    1. Research inquiries included in TSIA Membership Agreements are allocated evenly across the term(s) of the membership(s) included. 
    2. Unused annual allocations cannot be carried forward into the next year(s) of a membership term.
  8. Announcements. Upon receipt of this signed agreement, TSIA will publicly announce Member's membership via e-mail, web, blog, social media, or other means of digital publication. TSIA shall have the right to use Member's name and logo on TSIA’s membership list, website and other marketing materials for so long as Member maintains an active membership. If TSIA elects to issue a press release regarding Member's membership or involvement in any TSIA activities, it will first obtain prior approval by Member.
  9. Membership Renewal
    1. Membership will renew automatically on the term anniversary at then-current fees for successive terms, unless cancellation is received in writing from Member at least 30 days prior to the term anniversary.
    2. Membership renewal fees and any applicable discounts will be calculated at the time of automatic renewal. Renewal fees will increase by no more than five (5) percent unless Member has moved into a higher membership tier due to growth in its total worldwide annual revenues.
  10. Warranty. Member information disclosed to TSIA and the TSIA Deliverables are provided AS IS without warranty. TSIA hereby disclaims any and all warranties, whether express, implied or statutory, including without limitation, the warranties of merchantability, fitness for particular purpose and non-infringement. Member and TSIA further and specifically disclaim any warranty or representation regarding the accuracy, completeness or reliability of the information or analyses made available under this Agreement. Neither Member nor TSIA shall be entitled to rely on the accuracy or completeness of the information or the TSIA deliverables in making any financial, product or strategic decisions; each is responsible to perform its own reasonable and due diligence to independently verify the accuracy and reliability of such information prior to taking any such action.
  11. Limitation of Liability. Neither Member nor TSIA shall be liable to the other for, and each hereby disclaims any and all liability hereunder for, any indirect, consequential, special or exemplary or punitive damages, including damages for lost business or profits, regardless of whether either was informed of the prospect of such loss. The parties agree that in no event shall either party be liable to the other under this Agreement for damages totaling in the aggregate an amount in excess of the amount of membership fees Member has actually paid to TSIA in the six (6) months prior to the event giving rise to the claim.
  12. Antitrust. The parties agree that the purpose of TSIA is to provide general information to its Members about market and industry trends in general. Member agrees that it will not discuss under the auspices of TSIA, pricing of its services or products with other members or the specific terms and conditions under which it conducts business with its customers or suppliers. Violation of this provision shall be grounds for immediate termination of membership privileges.
  13. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California without regard to conflicts of laws provisions thereof. This Agreement shall be deemed to have been entered into in Santa Clara, California and may be enforced in the courts of Santa Clara County, California.