Networkshop45 In these Terms and Conditions ( Terms ), the following words shall have the following meanings: Booking Form Event Event handbook Exhibitor Exhibition Fee Fee Jisc or We Management Company Sponsor Sponsorship Fee Venue You the booking form for the Event to which these Terms are attached Networkshop45 to be held on 11-13 April 2017 at the Venue any Event handbook or guide We produce and provide to You prior to the Event any exhibiting company or organisation occupying a stand at the Event the fee identified as such on the Booking Form or as otherwise confirmed by Jisc in writing (which shall include by email) the Sponsorship Fee or the Exhibition Fee (as applicable) Jisc (Company Number 05747339) whose registered office is at One Castlepark, Tower Hill, Bristol, England, BS2 oja. "Us" and "Our" shall be read accordingly Havills Exhibitions Limited, the company managing the Event on Our behalf any company or organisation sponsoring the Event and occupying a stand at the Event the fee identified as such on the Booking Form or as otherwise confirmed by Jisc in writing (which shall include by email) Nottingham Conference Centre, Burton Street, Nottingham, NG1 4BU the entity described on the Booking Form (being either an Exhibitor or Sponsor) 1
Contract formation Submitting the Booking Form to Us shall only constitute an offer by You to sponsor/exhibit at the Event. Jisc reserves the right to accept or refuse such offer at its sole discretion. In the event that Jisc accepts the Sponsor/Exhibitor s offer to sponsor/exhibit, Jisc will provide written confirmation of the booking (the Booking Confirmation ) and this will create a legally binding contract between You and Jisc on these Terms only (to the exclusion of all others). Stands The location at the Venue of ordered stand/shell space shall be as determined by Jisc (having taken due consideration of any location preferences You have detailed on Your Booking Form), and Jisc reserves the right to move the location of stand/shell space at its discretion. You must comply with such stand/shell restrictions as are notified to You by Jisc, the Management Company or the Venue (for example as regards maximum stand/shell build sizes, power supplies, weight restrictions, data connectivity supplies/usage), including as may be detailed in the Event handbook. It may be that additional power sockets, furniture and accessories are available from the Management Company in which case please liaise direct with the Management Company about such requirements. Any arrangements for such additional resources will be as between You and the Management Company, We are not responsible for any additional resources you hire from the Management Company. To the extent Wi-Fi is made available to You at the Venue, access will be subject to the relevant conditions of access/acceptable use policy. You must provide written stand/shell plans, and details of their intended use (including details of any large/heavy equipment), to Jisc (and at Jisc s request, to the Management Company and/or Venue) for approval at least 20 working days in advance of the Event. Jisc, the Management Company and/or the Venue may require changes to, or the dismantling and removal of, unapproved stands/shells and associated items. You are responsible for Your stand. You must give due consideration to the safety of the stand throughout the Event and shall ensure your actions (or inactions) do not give rise to accidents, injuries or an unsafe working environment so far that it is reasonably practicable. Access, set-up and breakdown You will be entitled to access the Venue prior to its commencement in order to set up Your stand. We will notify You of permitted access times prior to the Event. You must breakdown your stand and remove all Your items and equipment from the Venue within such time period after the conclusion of the Event as We notify You of. Any materials left are at Your sole risk. 2
Payment On providing the Booking Confirmation, and unless you are paying by debit or credit card (see below), upon receipt of a purchase order from You, Jisc will issue You with an invoice for the Fee. You shall make payment to Jisc no later than 30 days following date of the invoice. The Fee is exclusive of VAT, which shall be charged by Jisc in addition where appropriate. Your booking will not be confirmed until We have received full payment of the Fee. If you elect to pay by credit or debit card, You won t be provided with an invoice (just a receipt of payment in due course), but Your booking will be confirmed immediately upon the payment being successfully processed. Term The contract between Us, once formed, commences on the date of Jisc s issue of the Booking Confirmation, and shall terminate at the end of the Event except when expressly provided otherwise in these Terms. Cancellation by You Cancellation of Your booking must be made in writing to Jisc and can be emailed to events@jisc.ac.uk. If You cancel, Jisc shall refund to You, subject to any costs as set out below, a percentage of the relevant Fee determined in accordance with the following: If your cancellation is received by us 30 or more working days prior to the Event 50% refund. If your cancellation is received by us less than 30 working days prior to the Event no refund. Jisc shall be entitled to retain from any refund monies a sum equivalent to its actual administration expenses and any Event expenses which Jisc has committed to and cannot cancel. Cancellation by Jisc If We need to cancel or rearrange the Event, we will notify You as soon as is reasonably practicable in the circumstances. If we cancel the Event, other than as a result of events beyond Our reasonable control, We will refund to You the Fees You have paid to Us. If we rearrange the Event, and you are unable to make the rescheduled Event date, We will refund to You the Fees You have paid to Us. The Fee refunds detailed in this section shall be Your exclusive remedy in the event we cancel or reschedule the Event. 3
Compliance You must, and shall ensure that all of Your officer, employees, contractors and agents shall:» Comply with all instructions provided by Jisc, Management Company or Venue personnel during the Event» Comply with the Event handbook» Not act in an inappropriate, harmful, offensive, obscene or illegal way (We reserve the right to refuse access to, or to remove any persons, acting in this way)» Comply with all Jisc and Venue health and safety and other policies, regulations and rules as notified and made available to You by any of Jisc, the Venue or the Management Company» Complete and return all forms (for example Health & Safety), and provide all necessary information, as requested by any of Jisc, the Venue or the Management Company, within such timescales as are reasonably required» Comply with all applicable statutes and regulations in respect of the Event (including in respect of your stand) Note that non-compliance with any of these Terms may result in You being prohibited from participation in the Event and future Jisc events. Changes to the event We reserve the right to make alterations to the published Event programme or arrangements where reasonably necessary to do so. Insurance / loss Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk Whilst we take precautions to protect your property during the Event, We are not responsible for any loss of or damage to property You suffer, other than caused as a result of Our negligence or for breach of statutory duty. Cloakrooms and other storage areas are provided for your convenience only. You are advised not to leave Your stand unattended at any time especially if there are portable and valuable items on the stand. We will not be responsible for injury to persons caused by You or Your stand, equipment or personnel. We accept no responsibility for any loss sustained by You from theft, fire damage or any third party. You are expected to produce health & safety documentation including risk assessment and method statement for all activity you are conducting during the Event. You must take out and have in place suitable public liability insurance cover for at least 2million. We also recommend you take out suitable Event abandonment/cancellation insurance. Where requested by Us, You 4
will provide a copy of Your certificate(s) of cover. Failure to submit certificates on request may result in You being excluded from the Event. Accessibility The current EU regulations state that disabled persons must be afforded the same opportunities as able-bodied persons. This includes the ability to attend exhibitions and view any exhibits. To this end, You are advised to ensure that Your stand is easily accessible to visitors in wheelchairs. Indemnity Except in circumstances where We are proven to be negligent, You agree to be responsible for and will release and indemnify Jisc, its servants and agents from and against all liability for:- (a) personal injury (whether fatal or otherwise) (b) loss or damage to property and; (c) any other loss, damage, cost or expenses; in each case which may arise as a consequence of Your default, negligence or action (or those of your employees, agents and/or contractors). Liability a. Nothing in these Terms will operate to limit or exclude liability of any party for death or personal injury arising out of its negligence, or for its fraud nor any other liability which cannot be excluded or limited under applicable law. b. Subject to (a) above, in no circumstances will either You or We be liable to each other for any loss of business, revenue, profits, anticipated savings or goodwill (whether direct or indirect) or for any indirect, special or consequential loss arising out of or in connection with these Terms. c. Subject to (a) above, Our overall, aggregate liability to You under these Terms and in relation to the Event, howsoever such liability arises (and whether arising in contract, tort, by statute or otherwise), is limited to a maximum amount of 10,000, or, if greater, a value equal to 125% of the Fees You have paid to Us. Jisc obligations Jisc use reasonable care and skill in organising the Event and will not do or knowingly permit to be done anything which is prejudicial to Your image. Event handbook / delegate list Where requested by Jisc, you will promptly provide Jisc with information (for example attendee names, job titles and organisational details) for inclusion in any event handbook and/or delegate list. You acknowledge that any Event handbook and/or delegate list, may be circulated before or at the Event. You must not send bulk advertising emails to Event delegates. 5
Data Any data shared with your organisation, exclusively, as an agreed sponsor / exhibitor of Networkshop45 is for your organisation only. Do not pass this data onto any third party, other organisation or entity. Please make clear, in any email you send to delegates that it has been sent because they have confirmed they are happy to share their contact details with exhibitors and sponsors of Networkshop45. Jisc complies with good practice about data management and data protection, and marketing to our members and community, and we would encourage you to do the same. This includes the following: Only sending relevant content Adding an opt-in link so that people can choose to keep in touch with you. Displaying a permission reminder and postal address on all emails. Asking subscribers to add your email address to their address book Provide options for individuals to unsubscribe at any time Not sending too often Sending from a relevant email address When writing en-masse, ensuring that all recipient email addresses are hidden or BCC d 6
General a. Failure by either party to exercise or enforce any right or benefit conferred by these Terms will not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion. b. You cannot assign, transfer or sub-contract any rights or obligations hereunder without Jisc s prior written consent. c. If it is found by a court of law that any of these Terms for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply. d. For the purposes of these Terms, "Force Majeure" means any cause beyond Our reasonable control including, but not limited to, war, acts of terrorism, governmental requirements, acts of local or central Government or other competent authorities, Acts of God and industrial disputes. We will not be liable to You for failure to perform any obligation under these Terms to the extent that the failure is caused by Force Majeure. e. Once Your booking is confirmed, these Terms cannot be varied or amended in any respect unless both You and We agree in writing. f. These Terms, together with the documents referred to herein, constitute the entire agreement and understanding between the parties and supersede all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these Terms. You acknowledge and agree that You do not enter into these Terms on the basis of and do not rely, and have not relied upon, and will have no remedy in respect of, any statement or representation or warranty or other provision made, given or agreed to by Us (whether negligently or innocently made) other than as expressly repeated or referred to in these Terms, and the only remedy available in respect of any misrepresentation or untrue statement made to You will be a claim for breach of contract under these Terms. g. These Terms shall be governed by and construed in all respects in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales. 7