This Agreement is subject to the following terms and conditions and the parties agree to be bound thereby:
1. ACCEPTANCE AND DELIVERY
This Agreement shall be deemed accepted and become binding by the parties upon execution by each and delivery thereof to the other. Delivery by hand, post, email or facsimile transmission shall constitute delivery thereof.
2. PAYMENT TERMS
Upon receipt of Participant’s signed Agreement, Organiser will issue an invoice for the full amount. The payment of such amount invoiced shall be due and payable within thirty (30) days of signing (“Payment Due Date”) or seven (7) days before the event start date (whichever is sooner) unless otherwise stated on this form. Payment can be made by wire transfer, Credit card details are required for hold purposes and the Organiser reserves the right to charge the card if payment is not made in accordance with the terms outlined in this agreement. All prices are exclusive of any applicable duties or taxes (such as VAT or similar sales taxes or duties). The Participant shall pay such taxes or duties as shown in the invoice to be applicable by law in relation to jurisdiction of the event. If payment is not cleared at agreed time the organiser has the right to change any agreed timing of presentation without notice. If participant fails to provide any material (powerpoint, artwork or information) that is essential to the smooth running of the event which causes delay in the organisers logistical arrangements the organisers reserves the right to charge an administration fee of £495 If a change of representative is added after the ‘meeting manager’ system live date an admin charge of £195 will be incurred.
3. LATE PAYMENT/FAILURE TO PAY
Should the Participant fail to pay the Contract Amount in full by the Payment Due Date, the Organiser may, at its option, cancel this Agreement. In such case, the full Contract Amount plus interest at one and one-half percent (1.5%) per month shall become immediately due and payable. Additionally, the Participant shall be liable for any additional fees, including solicitor’s fees and/or collection fees of not less than 25% of the remaining balance due. If these fees exceed the limits allowed by applicable laws, the maximum amount permitted by such laws shall be paid by the Participant. Under no circumstances will the Participant be permitted to access the Event meeting website or attend the Event if the full Contract Amount has not been received by the Payment Due Date.
4. PARTICIPANT CANCELLATION
No refunds or credits will be issued to the Participant upon cancellation at any time for any reason. If a Participant cancels for any reason, they will be responsible for the full Contract Amount plus interest and collection fees as described above in Clause 3. The Parties agree that this provision represents a reasonable estimation of the damages that the Organiser will incur due to the Participant’s cancellation and is not a penalty.
5. ALTERATIONS/POSTPONEMENT/CANCELLATION
The Organiser reserves the right to alter, reschedule, postpone, or cancel the Event at any time if deemed necessary for the success of the Event. The Organiser also reserves the right to make changes to the time schedule, presenters, or the general plan of the Event as necessary for its success. In the event that the Organiser postpones the Event for any reason, including but not limited to causes arising from a Force Majeure as described below in Clause 6, the Participant shall have the option to attend the rescheduled event. The Participant understands and acknowledges that (a) in the case of a postponement, the Organiser reserves the right to make changes to the schedule, presenters, or general plan of the Event as necessary for its success, and (b) the remedies set forth in this Clause 5 are the only remedies available to the Participant in case of the Organiser’s postponement of the Event. The Organiser shall not be responsible for rescheduling any meetings that were due to be held at the postponed Event; a new set of meetings for a revised delegate list will be provided for a future event. Participants may take out insurance coverage through their own brokers to protect against the possibility of postponement or cancellation.
6. FORCE MAJEURE
Other than its obligation to provide a credit as set forth in Clause 5 above, the Organiser shall assume no liability whatsoever for any loss or damage incurred by the Participant if such loss or damage was due to a fortuitous event, unforeseen occurrence, or any other event that renders performance of this Event inadvisable, illegal, impracticable, or impossible. For the purposes of this clause, a fortuitous event shall include but not be limited to: fire; flood; Act of God; governmental restrictions and/or regulations; war or apparent act of war; terrorism or apparent act of terrorism; disaster; civil disorder, disturbance, and/or riots; curtailment, suspension, and/or restriction on transportation facilities/means of transportation; or any other emergency.
7. LIABILITY
The Organiser assumes no liability for injury, damages, charges, or lost property the Participant or its representatives may incur in connection with the Event or on the Event premises. In making arrangements with third parties for carriage by air, hotel accommodation, transportation, restaurants, or otherwise, the Organiser acts only as an agent of the Participant and does so on the express condition that no liability of any kind whatsoever shall attach to the Organiser in connection with or arising out of such arrangements.
8. INDEMNITY
The Participant hereby agrees to indemnify and hold harmless the Organiser from and against any and all costs, damages, and expenses which are incurred by the Participant, its agents, and employees.
9. INFORMATION AND COPYRIGHT
All information, including lists of participants supplied to the Participant in relation to the Event, is for use by the Participant for the purposes of the Event only. The copyright in any information produced by the Organiser in connection with the Event remains the property of the Organiser and cannot be passed to any third party for any purpose.
10. PROHIBITION OF TRANSFER
The Participant may not assign, sublet, or share possession of any part of this Agreement and the areas allocated to the Participant. No cards or materials of entities other than the Participant may be exhibited in or distributed from any area at the Event. For the purposes of this Clause 10, “Participant” shall include any of its affiliates, subsidiaries, agents, and principals that were notified as such in writing to the Organiser at the time of booking.
11. COMPANY NAMES
a) The Participant must supply the names of the executives attending the Event upon request by the Organiser and not less than four weeks before the date of the Event. If such names are not received by this date, the Organiser reserves the right to exclude such names from branding and marketing materials during and before the event.
b) If any names are changed within four weeks of the Event date, the Organiser cannot guarantee that the replacement names will be included on all of the Event materials. However, the Organiser will endeavour to accommodate reasonable changes.
c) The Organiser will make every effort to reflect the requests of companies in scheduling seating plans but reserves the right to set and change priorities if deemed necessary or if delegates are absent for any reason from the event.
d) Booking cannot be made conditional upon the scheduling of appointments with specific individuals. This Agreement represents the parties’ entire understanding on the subject matter hereby covered, and anything contained in any brochures or any marketing or sales literature may not be relied on for contractual purposes. While the Organiser will schedule the number of seatings and meetings as stipulated in this Agreement, there is no guarantee that such individuals will actually be present at any scheduled meeting. The Organiser does not accept responsibility for appointments not kept by either party. In the event a scheduled delegate becomes unavailable for a scheduled dinner or lunch seating or during networking sessions, the Organiser will endeavour to reschedule a seating with an alternate person. However, if appointments or seating plans are not kept by any person for any reason, the Organiser assumes no responsibility and no refunds or partial refunds of any kind will be given.
12. PARTICIPANT BEHAVIOUR
a) The Participant agrees not to contact in any manner whatsoever any confirmed delegates in advance of the Event (other than such delegates who are existing customers or contacts of the Participant in the ordinary course of business).
b) If the Organiser reasonably determines that the Participant is interfering with or obstructing the successful organisation of the Event (including but not limited to acts such as unauthorised contact with the Event’s confirmed delegates in advance of the Event, late payment, delay in provision of necessary information or documentation, or excessive alterations to requirements), the Organiser shall have the right to cancel the Participant’s booking by written notification, whereupon the provisions of Clause 3 shall apply.
13. MISCELLANEOUS
a) The Participant is entitled to the number of onsite representatives at the Event as indicated in the Booking Details section of this Agreement. Any additional attendees will be subject to an additional charge.
b) This Agreement constitutes the sole and exclusive agreement between the Parties on the subject matter covered. The Participant acknowledges that no other warranties, representations, or acknowledgements, written or oral, have been made that are not reflected herein.
c) This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The Parties hereto agree that any action by and between the Parties arising out of this Agreement must be brought in the English courts, and the party against whom the action is brought hereby consents to such jurisdiction and venue.
d) In the event that either party shall retain or engage a solicitor or law firm to collect or enforce or protect its interest with respect to this Agreement, the prevailing party shall be entitled to receive payment of all costs and expenses of such collection, enforcement, or protection, including reasonable attorney’s fees.
e) The Participant agrees that in the case of litigation, the Organiser will not be able to mitigate its losses for any less than 50% of the value of this Agreement.
f) Notwithstanding anything contained herein to the contrary, in the event of any default by the Organiser under the terms of this Agreement, the Organiser’s liability shall never exceed the amount already paid by the Participant under this Agreement.
g) The signatory on behalf of the Participant warrants and represents that he or she has the proper power and authority to sign and deliver this Agreement to the Organiser and acknowledges that the Organiser has relied on this representation.