Digital Construction Awards 2023 - Terms and Conditions

Terms and Conditions

Digital Construction Awards 2022 12th July 2022 – The Brewery London

1. Definitions

1.1. The following definitions shall have the following meanings:

a) “the Authorities”: the relevant District or County Council or Metropolitan Borough Council; the relevant Fire Brigade; the relevant Police Department; The Home Office; H M Customs and Excise, and any other relevant Governmental department or body or any other competent authority having jurisdiction in respect of the locality in which the Event is located, in respect of the Event, any exhibit included in the Event or any activity connected with the Event;

b) “the Event”: refers to the event detailed above;

c) “the Venue”: refers to the events centre where the Event is held, detailed above;

d) “the Charges”: all charges shown as the total cost payable by the Customer in the Contract;

e) “Customer”: the applicant named on the Contract and, where the context admits, together with all its employees, servants, agents, contractors and subcontractors;

f) “Organiser”: the organiser named on the first page of this Contract, together with all its personnel and agents;

g) “person”: includes any individual, company, sole trader, partnership or other legal entity;

h) “Contract”: the agreement between the Organiser and the Customer;

i) “Cancellation Fee”: is equal to the total cost listed in the itemised contract.

1.2. References to statutes or regulations shall include references to such statutes or regulations as amended, updated, consolidated or re-enacted from time to time.

2. Payment

2.1. The Charges payable by the Customer will be invoiced on receipt of the completed booking form and will be due for payment within 30 days. All contracts dated on or after the 1st March 2022 will be invoiced and due for immediate payment.

2.2. If all payments due hereunder are not received by the due date, the Organiser may exclude the Customer from the Event, or terminate the Contract or, (without prejudice to any other rights or remedies of the Organiser), charge the Customer interest at the rate of 4% over the base rate applying from time to time of HSBC plc on any charges not paid by the due dates for payment thereof from such date until the same are paid.

2.3. VAT: Value Added Tax will be charged on invoices to Customers when required by UK law. Invoice dates will be the tax point dates for VAT purposes.

3. Withdrawal/Cancellation

3.1. In the event that a Customer either wishes to cancel the booking after acceptance by the Organiser or fails to meet any of the payment obligations (whether as to the amounts or dates of payment) detailed on the Contract, the Organiser reserves the right to resell or reallocate the tickets and the Customer will be liable to the following Cancellation charges: All Contracts are subject to a 100% Cancellation Fee.

3.2. If the Customer wishes to cancel then written notice of such wish must be forwarded and received by the Organiser by Recorded Delivery post not later than the dates referred to above.

3.3. To the extent that such amounts have not been paid, the balance shall be immediately due and payable and if more than the above amounts have been paid, the Organiser shall refund the balance to the Customer following receipt of such cancellation notice.

4. Nature of the Contract

4.1. No Contract shall exist until the Customer has agreed to the Terms and Conditions and completed the ticket booking form. Approval by the Organiser is implied, unless the Organiser states otherwise.

5. Organiser’s Liability - Cancellation of the Event, Force Majeure etc

5.1. The Contract shall continue in full force and effect and the Organiser shall be under no obligation to repay the charges paid or payable by the Customer and shall be under no liability to the Customer whatsoever (including, without limitation in respect of any actions, claims, liabilities, damages, losses (including consequential losses), loss of sales, loss of opportunity, costs or expenses whatsoever which may be suffered or incurred by the Customer whether directly or indirectly,) as a result of the happening of any of the following events:

a) the Event being abandoned, cancelled, postponed, suspended (in whole or in part) or otherwise adversely affected by reason of any act of God, war, pandemic, fire, flood emergency, drought, labour dispute, trade dispute, terrorist act, threat of terrorism, strike, lockout, civil disturbance, riot, accident, the non-availability of the Venue, or any other cause not within the Organiser’s control;

b) any changes in the requirements of any Authority or the Owner in respect of the Event;

c) any adverse publicity or comment regarding the Event made in any newspaper or otherwise promulgated;

5.2. The Organisers shall be entitled to exercise all or any of the rights, powers or discretions conferred on it by the Contract without assigning any reason and (unless otherwise provided) in such manner as, in the Organisers’ view, is in the best interest of the Event. In no circumstances shall the exercise by the Organisers of any of these rights, powers or discretions give rise to any claim against it.

5.3. Cancellation of Event - If the Organiser determines that there is insufficient support for the Event, they have the right at all times to cancel or suspend the Event without notice. In the event of such a cancellation the Customer shall receive a full refund of the cost paid by the Customer. Any liability of the Organiser shall be limited to such a refund. The Organiser shall not be responsible for any losses (whether direct, indirect or consequential) incurred by the Customer as a result of such cancellation.

6. Application and Interpretation of and Amendments to the Contract

6.1. The Organiser reserves the right to add to, alter or vary any of the Contract either generally or in respect of one or more Customers but only insofar as is necessary:
a) to comply with any relevant Authorities;
b) to remove any ambiguity or inconsistency;
c) to ensure the smooth running of the Event;
d) to better protect the interest of the Customers as a whole;
e) to comply with any insurance policy of the Organiser;
f) to alleviate or remove any actual or potential risk to the health or safety of persons in the Event.

7. Disputes

7.1. Questions or disputes that may arise between the Organiser and Customers or between Customers regarding the interpretation or meaning of this Contract or the implementation thereof, all questions and disputes not provided for by this Contract shall be referred to and determined by the Organiser whose decision in relation thereto shall be final.

8. Approval of Products

8.1. The Customer must satisfy itself that its products comply in all respects with this Contract and all applicable requirements of all relevant Authorities. The Organiser reserves the right to reject for inclusion or, at any time before or during the Event, the ticket booking.

9. Promotion and Representation

9.1. Whilst the Organiser shall use reasonable endeavour to organise and promote the Event in such a manner as they consider appropriate the Organiser reserves the right to amend or vary the manner or methods of such organisation and promotion and therefore any statements made by or on behalf of the Organiser as to audience projections or methods or timing of promotion shall constitute only general indications of the Organiser’s promotion and organising strategy and shall not amount to any representation or warranty. Customer grants the Organiser the right to list Customer in its printed or electronic promotional material and agrees that the copyright to any such materials belongs to the Organiser.

10. Exclusion from the Event and Termination of Contract

10.1. Upon the Organiser exercising any right hereunder to exclude the Customer from the Event, the Organiser shall not incur any liability to the Customer by reason of terminating its Contract or excluding the Customer (as the case may be) or of the exercise by the Organiser of any of its powers under this paragraph.

10.2. Any termination of the Contract by the Organiser shall be without prejudice to the accrued rights and entitlements of the Organiser in respect of any antecedent breach or unfulfilled obligation of the Customer.

10.3. Any exercise by the Organiser of any right conferred on it hereunder (or otherwise arising) to exclude the Customer from the Event shall not affect the validity of the Contract or the rights and entitlements of the Organiser thereunder and the Contract shall continue to full force and effect notwithstanding such exclusion of the Customer.

11. Serving of Notice

11.1. Any notice to a Customer or the Organiser under the Contract shall be given in writing. Such notice shall be deemed to have been properly served.

12. Invalidity, Representations, Governing Law etc.

12.1. If any provision or part thereof of the Contract shall become or shall be declared by any Court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall in no way impair or affect any other provision or part thereof all of which shall remain in full force and effect.

12.2. No statement, representation or warranty (whether express or implied) given or made by or on behalf of the Organiser shall form part of the Contract unless agreed in writing. Any other terms or conditions sought to be imposed by the Customer are hereby expressly excluded.

12.3. The Contract shall be governed by and construed in accordance with the law of England.

12.4. No failure or delay by any person in exercising any right, power or privilege under the Contract shall operate as a waiver thereof nor shall any single or partial exercise by any person of any right, power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.