TERMS AND CONDITIONS
- For the purposes of this Agreement a ‘person’ shall be construed to include any individual, firm, body, corporate government or state, association or partnership, whether or not having a separate legal personality.
- Where the Sponsor is not acting as an individual, the person or persons signing the Sponsorship Form on behalf of the Sponsor shall be deemed to have full authority to do so on behalf of the company or other entity it represents and the Sponsor shall have no right to claim as against TAF that such a person or persons did not have such authority.
- The terms of this Agreement shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction for all matters arising under it.
- Any person who is not a party to this Agreement may not enforce its terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
- The Contract contains all the terms which the Sponsor and TAF have agreed in relation to the Event and supersedes any prior written or oral agreements, representations or understandings between the parties. The Sponsor acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of TAF which is not set out in the Contract.
- In addition to the inclusions of the Contract as detailed above, the Sponsor shall have the following rights (‘Rights’) to:
- Promote itself as being an Official TAF Sponsor of the Event, such promotions being subject to the TAF approval and being by any normal promotional and advertising means providing that all references to the Event and all promotional and advertising materials will:
- Credit the TAF in a manner and form reasonably acceptable to the TAF;
- be in the correct context;
- be in good taste and of a quality of presentation which is consistent with the standing of the Event and the reputation and status of the TAF; and
- use the TAF logo (where specifically permitted). For the avoidance of doubt, the Official TAF Sponsor may not use the TAF logo on its website other than as specified in the Branding section of this Agreement.
- The TAF shall use its reasonable endeavours to organise and promote the Event in such manner as it considers appropriate and reserves the right to amend or vary the manner or methods of such organisation and promotion. Any statements made by or on behalf of the Event as to audience projections or methods or timing of promotion shall constitute only general indications of the Event promotion and organising strategy and shall not amount to any representation or warranty.
- TAF will not be responsible for the security of items brought in by the Sponsor, its employees, agents or Contractors and shall have no liability to the Sponsor arising from the loss of or damage to such items.
- Except where such insurance is covered by the Landlord’s insurance, the Sponsor shall effect and maintain adequate public liability insurance.
- The Sponsor warrants that its materials will not breach any contract or infringe or violate any copyright, trade mark or any other personal or proprietary rights of any person or render TAF liable to any claim or proceedings whatsoever.
- The Sponsor must adequately insure and keep itself insured to cover its liabilities under this Contract and shall, if so required, submit to TAF the policy of insurance and receipt for the premium for inspection.
- The Sponsor, and any Contractors employed by it, shall comply with all obligations laid out below, any obligations imposed by the Landlord, and all applicable law and regulations.
- The Sponsor shall notify all agents or Contractors employed by it of such of the obligations laid out in these terms and conditions as may affect such agents or Contractors.
- The Sponsor shall have sole responsibility for any claims arising from the actions of its Contractors.
- The Sponsor shall ensure that no individuals employed by it at the Event behave in a manner which TAF reasonably believes to be detrimental to the Event.
Costs and payment terms
- The Official TAF Sponsor agrees to pay the Trade Association Forum Ltd the sponsorship fee as set out in the terms of the contract.
- Payment for 100% of the agreed fee is due immediately upon receipt of the sales invoice unless otherwise stated on the order form. Payment for 50% of the agreed fee is due immediately upon receipt of the sales invoice, with the remaining 50% invoiced upon successful delivery of the event.
- All sums payable under this Contract are exclusive of any value added tax or any other applicable tax which the Sponsor shall pay in addition when due.
- If the Sponsor has not paid the Sponsorship Fee by the relevant date(s), the Sponsor will be deemed to have forfeited its right to participate in the Event and shall not be entitled to a refund of any part of the Sponsorship Fee already paid.
- The Official TAF Sponsor will be responsible for all their own travel expenses in attending the event.
- Payment for any other costs associated with the agreement (e.g., for extra delegate places, etc), will be invoiced separately as necessary. The invoice must be paid prior to the Event taking place.
- The TAF gives no warranty that the intended speakers or delegates or visitors can and will attend the event nor that the promotion and any publicity expected by the Official TAF Sponsor is achieved. The event venue is indicative only and the TAF reserves the right to alter this.
- Information given in any advance notification, programme, agenda or mailing is indicative only and the TAF gives no warranty or undertaking that the event will comply with the same.
- The Sponsor agrees to indemnify, keep indemnified and hold harmless TAF from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), damages, claims, demands, proceedings or legal costs (on a full indemnity basis) and judgments which TAF incurs or suffers as a consequence of a direct or indirect breach or negligent performance or failure in performance by the Sponsor of the terms of this Contract.
Exclusion Of Liability
- In the event of any breach of TAF’s express obligations under this Contract, the Sponsor’s remedies will be limited to damages.
- TAF does not exclude its liability (if any) to the Sponsor:
- for personal injury or death resulting from TAF’s negligence;
- for fraud or fraudulent misrepresentation.
- for any matter for which it would be illegal for TAF to exclude or to attempt to exclude its liability.
- The Sponsor acknowledges that TAF may provide it with Event Data from time to time and agrees not to process Event Data other than for the purposes agreed with TAF or in a manner that may breach (or result in TAF breaching) the General Data Protection Regulation or applicable the Data Protection Legislation.
Cancellation, variation and Renewal Terms
- Either party may terminate this Agreement by giving written notice to the other party if that other party:
- remains in breach of a material obligation under this Agreement for more than 14 days after the injured party has given the party in breach a written notice specifying the breach and requiring its remedy; or
- enters into liquidation or any composition with its creditors, or has a resolution passed to wind up (except for amalgamation or re-construction) or has a receiver, administrator or administrative receiver appointed over all or any part of its assets; or ceases permanently to trade or threatens to do so;
- has a receiver appointed under the Mental Health Act 1983, or dies; or
- TAF reasonably believes that any of the events mentioned above is about to occur and notifies the Sponsor accordingly.
- The TAF may immediately terminate this Agreement by giving the Official TAF Sponsor written notice if the Sponsor does anything which in the reasonable opinion of the TAF could damage the reputation of the TAF or otherwise bring the TAF into disrepute.
- If the Event is abandoned for whatever reason, TAF shall refund any payments received from the Sponsor save for a deduction to reflect expenses incurred by TAF. TAF shall reasonably determine the amount of the deduction. The Sponsor shall have no other claim whatsoever against TAF.
- If by rearrangement or postponement of the date of the Event or by substitution of an alternative venue for the Event or by means of any other reasonable arrangement the Event can be held, the Contract shall be binding on the parties save that it shall be deemed to be varied so as to allow for any necessary change of venue, dates, duration of the Event, size of the Sponsor’s Space, location or otherwise.
- The Sponsor may only withdraw from the Event at the discretion of TAF and subject to the following conditions:
- The Sponsor must give TAF written notice of its intention to withdraw and TAF will notify the Sponsor of its decision in writing.
- TAF provides a written agreement to the Sponsor’s withdrawal which shall constitute a termination of this Contract
- Upon termination of the Contract, the Sponsor shall be entitled to a refund of the Sponsorship Fee or any part thereof already paid in the following amounts;
- Where notice of cancellation is received by TAF more than 9 months before the Event – 100% of the Sponsorship Fee;
- Where notice of cancellation is received by TAF less than 9 months and more than 3 months before the Event – 75% of the Sponsorship Fee;
- Where notice of cancellation is received by TAF less than 3 months before the Event – 25% of the Sponsorship Fee.
- In all instances, an administration fee equivalent to 25% of the Sponsorship Fee, or where the Sponsor has obtained a discounted rate for booking early, 25% of the Sponsorship Fee payable before discount will be deducted.
- the Sponsor shall not be entitled to claim against TAF for any direct loss or other consequential loss on the termination of the Contract.
- Before booking onto the event, please ensure you have read the event programme and content, to ensure the event will meet your needs.
- If an event registration/booking form is completed by an individual other than the named delegate, it is the responsibility of the employer organisation to ensure the delegate is authorised and able to attend the event on the organisation’s behalf.
- Bookings will be acknowledged within two weeks. If you do not hear from us within this time, please contact TAF on 020 3869 8650.
- Important note: TAF’s acceptance of your booking brings into existence a legally binding contract between us on these terms and conditions. Any term sought to be imposed by you in any purchase order or correspondence will not form part of the contract.
Invoicing and Payment
- For all current event costs and dates, please refer to our website, www.taforum.org.
- All fees are payable in advance of the event taking place. TAF reserves the right to refuse entry to any delegate in the event of non-payment.
- Payment must be made in pounds Sterling by cheque, credit/debit card or BACS.
- Only members of the Trade Association Forum are able to attend training and seminar events unless indicated otherwise on the promotional material. Members whose subscription is outstanding at the time of booking will be charged an administration fee of £150 + VAT which may, at TAF’s discretion, subsequently be offset against their subscription payment once it has been received.
- If any amount properly due to TAF under or in connection with these terms and conditions remains outstanding beyond the event date TAF may: either charge interest on the overdue amount at the rate of 8% per annum above the base rate of Lloyds TSB Bank PLC from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation pursuant to the Late Payment of Commercial Debts (Interest) Act 1998).
- Delegates will receive joining instructions via email to the email address provided at the time of booking. It is the responsibility of the individual completing the event registration/booking form to ensure joining instructions are received by the delegate.
- TAF is not responsible for the non-arrival of joining instructions. If the joining instructions are not received, it is the responsibility of the individual who completed the event registration/booking to contact TAF to arrange for them to be re-issued.
- Failure to attend an event at which a free or concessionary rate place was given may at TAF’s discretion result in the delegate becoming ineligible for such places at any future event(s).
- It may be necessary, for reasons beyond the control of TAF, to change the content and timing of the programme, the date, the venue or the speaker(s) and TAF reserves the right to do this at any time.
- TAF will send all correspondence primarily via email to the email provided at the time of booking. If alternative details are received after the booking form has been submitted, they will supersede the original details and all future correspondence will be sent to the new address.
Cancellations and Amendments
- All requests for cancellations and/or amendments must be received in writing, even when they have previously been notified verbally.
- All written cancellations must be received by TAF by midday on the cancellation date specified on the booking form or in the event information. No refunds will be offered for cancellations communicated after the specified date.
- Failure to attend the event will result in the full cost being incurred and no refunds shall be given.
- All amendments will become effective on the date of written confirmation being received.
- Should delegates be unable to attend an event after booking, a substitute is welcome at no extra charge. All substitutions should be communicated to TAF prior to the event taking place.
- In the event that there are insufficient numbers booked onto an event, TAF reserves the right to cancel or postpone the event.
- In the event of cancellation of an event by TAF, we will endeavour to inform all delegates at least a week before the event is due to take place, although there may be occasions when this is not possible.
- In the event of postponement, TAF will transfer all bookings to the new date unless delegates request otherwise in which case the event fee will be reimbursed.
- Should TAF cancel an event, all event fees paid will be reimbursed in full or the payment will be transferred in full to another TAF equivalent event. TAF shall not accept liability for any consequential loss and shall have no liability to reimburse any other costs that may have been incurred, including transport costs, accommodation, etc.
- Organising and financing associated travel and accommodation costs are the sole responsibility of the delegate.
- Where food and refreshments are to be provided, this will be stated on the event details and the cost included in the price quoted. Any special dietary requirements must be notified in writing to TAF in advance of the event, as specified in the event details.
- TAF shall not be liable to refund fees or for any other penalty should the event be cancelled due to war, fire, strike lock-out, industrial action, tempest, accident, civil disturbance or any other cause whatsoever beyond their control.
- These terms and conditions, together with the current TAF website prices, event details and TAF contact details, set out the whole of our agreement relating to the event. These terms and conditions cannot be varied except in writing by the Chairman, Vice Chairman or the Chief Executive of TAF. In particular, no terms and conditions incorporated within your purchase order and nothing said by any persons on behalf of TAF should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by TAF. TAF shall have no liability for any such representation being untrue or misleading.