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 Participant fail to pay the Contract Amount in full by the Payment Due Date, Organiser may, at its option, cancel this Agreement, where upon the full Contract Amount plus interest at one and one-half percent (1.5%) per month shall become immediately due and payable. In addition, Participant shall be liable for any additional fees (including solicitors fees and/or collection fees of not less than 25% of the remaining balance due) Organiser may incur to recover the full Contract Amount. If the above interest amount, solicitors fees and/or collection fees, exceed the limits allowed by applicable laws, then the maximum amount as allowed by such laws shall be paid to Organiser by Participant. Under no circumstances will Participant be permitted to access the Event meeting website, or attend the Event, if full Contract Amount has not been received by the Payment Due Date.
4. PARTICIPANT CANCELLATION
No refunds/credits will be issued to Participant upon cancellation at any time for any reason. If a Participant cancels at any time, for any reason, Participant will be responsible for the full Contract Amount, plus interest and collection fees as described above in Clause 3. The Parties intend by this provision to agree in advance to the settlement of damages to Organiser that will arise from Participant’s cancellation. Participant acknowledges that the damages are reasonable liquidated damages at this time, and not a penalty, and bear a reasonable relation to the damages Organiser will sustain, which are uncertain and difficult to estimate at this time.
5. ALTERATIONS/POSTPONEMENT/CANCELLATION
Organiser has the absolute right at any time to alter, reschedule, postpone or cancel the Event as it may deem necessary for the success of the Event. Organiser also reserves the right to make such changes to the time schedule, presenters or in the general plan of the Event as may be deemed necessary by Organiser, to be in the best interest of the Event. In the event that Organiser postpones the Event for any reason whatsoever, including but not limited to causes arising from a Force Majeure as described below in Clause 6, Participant shall have the option to attend the rescheduled event. Participant understands and acknowledges that (a) in case of a postponement, Organiser reserves the right to make such changes to the schedule, presenters or in the general plan of the Event as it may deem necessary for the success of the Event should the Event be postponed and (b) the remedies set forth in this Clause 5 are the only remedies available to Participant in case of Organiser’s postponement of the Event. The Organiser shall not be responsible for rescheduling any meetings which were due to be held at the Event which is postponed and a new set of meetings for a revised delegate list will be provided for a future event. Individual companies 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, Organiser shall assume no liability whatsoever for any loss or damage incurred by 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 purposes of this clause, a fortuitous event shall include, but shall not be limited to: fire; flood; an 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
Organiser assumes no liability for injury, damages, charges or lost property 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, Organiser acts only as agent of Participant and does so on the express condition that no liability of any kind What so ever caused shall attach to Organiser in connection with or arising out of such arrangements.
8. INDEMNITY
Participant hereby agrees to indemnify and hold harmless Organiser from and against any and all costs, damages and expenses, which are incurred by Participant, its agents, and employees.
9. INFORMATION AND COPYRIGHT
All information, including lists of participants, supplied to Participant in relation to the Event is for use by Participant for the purposes of the Event only. The copyright in any information produced by Organiser in connection with the event remains the property of Organiser and cannot be passed to any third party for any purpose.
10. PROHIBITION OF TRANSFER
Participant may not assign, sublet or share possession of any part of this Agreement and the areas allocated to Participant. No cards or materials of entities other than 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 Organiser at the time of booking.
11. COMPANY NAMES
a) Participant must supply the names of the executives attending the Event upon request by Organiser and not less than four weeks before the date of the Event. If such names are not received by this date, 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, Organiser cannot guarantee that the replacement names will be included on all of the Event materials. However, Organiser will endeavour to accommodate reasonable changes.
c) 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 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. Organiser does not accept the 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, 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, Organiser assumes no responsibility and no refunds or partial refunds of any kind will be given.
12. PARTICIPANT BEHAVIOUR
a) 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 Participant in the ordinary course of business).
b) If Organiser reasonably determines that Participant is interfering or obstructing its 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) Organiser shall have the right to cancel Participant’s booking by written notification, whereupon provisions of Clause 3 shall apply.
13. MISCELLANEOUS
a) 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. Participant acknowledges that no other warranties, representations or acknowledgements, written or oral, have been made which 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, in action by and between the Parties which arise out of this Agreement, said action must be brought in the English courts, and the party against whom said action is brought hereby consents to such jurisdiction and venue.
d) In the event that either party shall retain or engage an solicitors 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) Participant agrees that in the case of litigation 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 Organiser under the terms of this Agreement, Organiser’s liability shall never exceed the amount already paid by Participant under this Agreement.
g)The signatory on behalf of Participant warrants and represents that he or she has the proper power and authority to sign and deliver this Agreement to Organiser and acknowledges that Organiser has relied on this representation..