The Business Magazine terms and conditions – Events

Terms & Conditions: Sponsorship & Event Attendance Bookings

These are the Events Terms and Conditions of Elcot Media & Events Limited, trading as The Business Magazine (the ‘Company’, the ‘Publisher’). A company registered in England and Wales with registration number: 2845711, whose registered office is Howarth Lodge, 7 Reading Road, Pangbourne, RG8 7LR.

  1. Definitions

In these Conditions the following definitions apply:

Booking:  means the order for the Event from the Company placed by the Customer;

Bribery Laws:  means the Bribery Act 2010 and associated guidance published by the Secretary of State for Justice under the Bribery Act 2010 and all other applicable UK legislation or equivalent legislation in any other relevant jurisdiction;

Content:  means all presentations, documentation and materials published or made available, including all IPR in such Content.

Contract:  means the agreement between the Company and the Customer for the supply and purchase of the Booking incorporating these Conditions and the Booking;

Customer or You:  means the person who purchases the Booking from the Company and whose details are set out in the Booking;

Data Protection Laws:  means General Data Protection Regulation (GDPR) and Data Protection Act 2018;

Event:  means any event, seminar, roundtable, conference or dinner organised or managed by the Company under these Terms as specified in the Booking;

Force Majeure:  means an event or sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, communicable diseases including, but not limited to, COVID-19 (previously known as “2019 novel coronavirus”), bird flu and swine flu, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving the Company or its suppliers’ workforce, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay;

Image:  means any image of any individual (including sound or vision) captured by means of photograph, video recording or audio recording or by any other means at an event;

Intellectual Property Rights (IPR):  means copyright, including moral rights, rights in inventions, rights in confidential information knowhow and trade secrets, service marks, trademarks and design rights, database rights, domain names, business names, patents and computer software.

  1. Application of these Conditions

These Conditions apply to and form part of the Contract between the Company and the Customer. They supersede any previously issued terms and conditions of purchase.

No terms or conditions endorsed on, delivered with, or contained in the Customer’s purchase conditions, Booking, confirmation of Booking or other document shall form part of the Contract except to the extent that the Company agrees in writing.

No variation of these Conditions or to a Booking or to the Contract shall be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of the Company.

  1. Price

3.1  The price for the Booking shall be as set out in the Booking.

3.2  The Prices are exclusive of VAT.

3.3  The Prices are subject to annual review.

  1. Payment

4.1  Where applicable, table bookings must be booked and paid via the Company website. Credit card payments are accepted.

4.2  For Customers who are invoiced, payment must be made in accordance with the terms stated on the invoice. The Company may cancel, without notice, any Booking not paid for in full before the start of the Event to which it relates.

4.3  Where sums due under these Conditions are not paid in full by the due date, the Company may charge interest on such sums (including any period after the date of any judgment or decree against the Customer), and late payment fees, fall due and payable calculated upon the basis set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

  1. Bookings

5.1   Receipt of either a Booking form or VAT invoice by the Customer from the Company, is deemed to be a valid Booking that is subject to these terms and conditions.

5.1  On request, the Customer must provide the names and titles of the guest attending an Event.

5.2  If a guest is unable to attend an Event the Customer may substitute attendees at no extra cost provided that notice is given by calling the Company’s event nominated contact. The nominated Company contact and details are located on the confirmation emails to the Customer.

5.3  For table sales and individual places at Events, cancellations and refunds must be notified in writing, giving 14 days’ clear notice before the date of the event. Refund policy:

  • Up to 14 days’ clear notice: refund less 20% cancellation fee
  • Less than 14 days: no refund

5.4 For sponsorship Bookings, cancellations and refunds requested must be notified in writing. Should a sponsorship Booking be cancelled mid-campaign then the refund due will based on the Company’s consideration of the level of work undertaken. The calculated refund will be subject to a minimum 20% administration fee and be dependent on the stage of the campaign.

5.5  The Customer shall (and shall procure that their guests shall) comply with any rules, policies and procedures of the venue of the Event at all times, including all health and safety policies and procedures and all reasonable instructions of the venue staff and our representatives at the Event.

  1. Changes

6.1  The Company may alter the advertised Content, timing and/or location of the Event or the advertised speakers at any time should circumstances require such change.

6.2  In the event that the Event is altered for any reason other than Force Majeure, the Company shall provide the Customer with notice of the revised time and/or location.

  1. Force Majeure

7.1  In the event that the Event is altered due to Force Majeure, the Company shall be entitled but not obliged (in its sole discretion) to either:

7.1.1  provide alternative facilities or venue for the Event; and/or

7.1.2  reschedule the Event; and

7.1.3  the Customer shall not be entitled to object to such rearranged or rescheduled Event or have any right to claim any compensation.

7.2  The Company shall not be liable for any delay in or failure of performance caused by Force Majeure.

  1. Anti-bribery

8.1  For the purposes of this clause 8 the expressions ‘adequate procedures’ and ‘associated with’ shall be construed in accordance with the Bribery Act 2010 and legislation or guidance published under it.

8.2  Each party shall comply with applicable Bribery Laws including ensuring that it has in place adequate procedures to prevent bribery and use all reasonable endeavours to ensure that:

8.2.1  all of that party’s personnel; and

8.2.2  all others associated with that party;

involved in performing the Contract so comply.

8.3  Neither party shall make or receive any bribe (as defined in the Bribery Act 2010) or other improper payment, or allow any such to be made or received on its behalf, either in the United Kingdom or elsewhere, and shall implement and maintain adequate procedures to ensure that such bribes or payments are not made or received directly or indirectly on its behalf.

8.4  Each party shall immediately notify the other as soon as it becomes aware of a breach or possible breach of any of the requirements in this clause 8.

  1. Use of Images

When the Customer or the guest attend an Event, you each accept that photography, audio recording and video recording may take place at the Event venue.  You and of your guests consent to such capture of your Image and agree to release all Image rights.  The Company may use all photographs, audio recording and video recording made at the Event incorporating your Images without charge or restriction.  You also waive the right to approve or inspect any recordings containing your Image.

  1. Liability

10.1  The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 10.

10.2  Subject to clause 10.5, the Company’s total liability shall not exceed the total amount paid under the Booking.

10.3  Subject to clause 10.4, the Company shall not be liable for consequential, indirect or special losses.

10.4  Subject to clause 10.5, the Company shall not be liable for any of the following (whether direct or indirect), loss of profit, loss or corruption of data, loss of use, loss of production, loss of contract, loss of opportunity, loss of savings, discount or rebate (whether actual or anticipated) and harm to reputation or loss of goodwill.

10.5  Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:

10.5.1  death or personal injury caused by negligence;

10.5.2  fraud or fraudulent misrepresentation;

10.5.3  any other losses which cannot be excluded or limited by applicable law;

10.5.4  any losses caused by wilful misconduct.

10.6  You agree to indemnify the Company against all claims and costs arising in any way from your (or your guests) attendance at the Event, including (without limitation) any breach of law or breach of a proprietary or privacy right or participation in any hospitality at the Event.

  1. Personal Data

Each party shall comply with its respective obligations and may exercise its respective rights in accordance with Data Protection Laws.

  1. Content

12.1  You must not use the Content in any way that might infringe our IPR or the IPR of any third party.

12.2  To the extent that any Content is made available by us online we reserve the right to suspend or remove access to such Content at any time.

  1. Entire agreement

13.1  The parties agree that the Contract and any documents entered into pursuant to it constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

13.2  Each party acknowledges that it has not entered into the Contract in reliance on and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract or any documents entered into pursuant to it. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.

13.3  Nothing in these Terms purport to limit or exclude any liability for fraud.

  1. Assignment

The Customer may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without the Company’s prior written consent, which it may withhold or delay at its absolute discretion.

  1. Third party rights

A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.

  1. Governing law

The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.

  1. Jurisdiction

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).