This Contract (as defined below) sets out the terms and conditions under which we will provide the Service (as defined below) to you.By “you” or “your” we mean the “Client” as defined .
By “us” and “we” we mean DIEGO EVENT MANAGEMENT PRIVATE LIMITED.
Meaning of Terms
In this Contract (unless the Contract otherwise requires), the following words shall have the following meanings:
- Booking – means the request and confirmation of the Service.
- Booking Contract – means the Booking is Contract signed by the parties which sets out specific details of the booking of Service by the Client.
- Client : Means any natural person, corporate or unincorporated body (whether or not having separate legal personality) contracting for the use of the Service.
- Commencement Date – The Contract shall come into effect upon receipt by DIEGO EVENT of a signed contract from the Client or on the first date on which DIEGO EVENT provides
the Service, whichever is the earlier.
- Conditions : means these terms and conditions, as amended from time to time by DIEGO EVENT.
- Contract – means these Conditions and the Booking Contract.
- Delegate – means any person including speakers, exhibitors or partners attending all or part of the Event for which this Service is being provided.
- Event – means the occasion for which the Service is required.
- Minimum Guaranteed Number – means the number of delegates anticipated to register using the Service as specified by the Client in the Booking Contract.
- Price – means the price specified in the Booking Contract.
- Revenue means the Revenue anticipated by DIEGO EVENT in respect of the Delegate fees.
- Service – means the services as provided by DIEGO EVENT as set out in the Booking Contract.
- Website – means the website to be hosted and provided by DIEGO EVENT as part of the Service and as more particularly described in the Booking Contract.
- In this Contract the following rules apply:
- a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under the statute or statutory provision, as amended or re-enacted;
- any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the
words preceding those terms;
- a reference to “writing” or “written” includes faxes and emails.
Booking
- The Booking constitutes an offer by the Client to purchase the Service in accordance with these Conditions. The Client shall ensure that the terms and specifications in the Booking are complete and accurate.
- For the avoidance of doubt, the Client‟s standard terms and conditions (if any) attached to, enclosed with, or referred to in the Booking shall not govern the Contract and these
Conditions shall prevail over any other conditions previously published by DIEGO EVENT in respect of the Service and these Conditions apply to the Contract to the exclusion
of any other terms that the Client seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
- The Contract shall come into effect upon receipt by DIEGO EVENT of a signed contract from the Client or on the first date on which DIEGO EVENT provides the Service,
whichever is the earlier (the Commencement Date). Notwithstanding the foregoing, DIEGO EVENT reserves the right to refuse to supply the Service until such time as it has received a signed contract from the client.
Service
- DIEGO EVENT shall use reasonable endeavours to supply the Service from the Commencement Date.
- The Service shall be directed by the event manager or such other suitably qualified person appointed by DIEGO EVENT.
- DIEGO EVENT reserves the right to make changes to the Service which are necessary to comply with any applicable laws or safety requirements.
- DIEGO EVENT will provide administrative assistance with the management of the Event budget and shall provide the client with profit and loss reports. However, notwithstanding the foregoing, the Client will be solely responsible for the overall management of the budget associated with the Event and shall be solely responsible for any
loss incurred and pay to DIEGO EVENT in full amount the loss occurred.
Delegate numbers
09. The Client shall confirm the Minimum Guaranteed Number at the eveng on Commencement Date. If the number of Delegates is less than the Minimum Guaranteed Number then a
cancellation charge will apply .If the final number of Delegates increases over those previously communicated to the event manager, the Client will be
charged accordingly.
- The Minimum Guaranteed Number may be adjusted by the Client provided that such adjustment is communicated to and accepted by DIEGO EVENT in writing. Any increase in number would automatically lead to increase in price.
Client‟s obligations
- The Client shall:
- co-operate with DIEGO EVENT in all matters relating to the Service;
- provide, in a timely manner, such data and other information as DIEGO EVENT may require for the provision of the Service, and ensure that it is accurate in all material aspects;
- provide content and materials for inclusion on the Website and in the Abstract as requested by DIEGO EVENT and ensure that DIEGO EVENT and the Client have the right to use all intellectual property rights associated with the relevant content and materials.
- The Client shall not use the names, logos or any details of DIEGO EVENT for any matter.
Charges
- In consideration of the provision of the Service, the Client hereby agrees to pay the Price to DIEGO EVENT in two phases : 50% before the event and rest 50% 4-5 hours before the performance or the show, together with any GST eligible in respect thereof at the prevailing
rate at the tax point date.
- DIEGO EVENT has the right to adjust the Price in the case that any additional services are requested by the Client after the Commencement Date, including but not limited to
an increase in people and things required.
- Written notification of any Price changes will be made by DIEGO EVENT to the Client as soon as possible.
Additional Charges and Payments to Third Parties
- The Price is a service and management charge and expressly excludes any postage charges and any other ancillary expenses reasonably and properly incurred by DIEGO EVENT in connection with the Service.
- DIEGO EVENT shall obtain the Client‟s written approval before incurring any expenses, material or services exceeding an amount specified by the Client and included in the
Booking Contract and if the client does not approve expenses prior then those services would not be provided.
- As DIEGO EVENT is acting as an agent in relation to the provision of the Service, it will not be liable to any third party suppliers for payment.
- If for any reason, the Event is cancelled or postponed, the Client shall be liable for all payments made or due to third parties under the terms of this Contract and shall indemnify DIEGO EVENT in relation to the same, provided that DIEGO EVENT uses reasonable endeavours to mitigate any such costs.
Cancellation/reduction By DIEGO EVENT
- DIEGO EVENT reserves the right to cancel the Service (or any part thereof) if:
- the Client breaches any of its duties or obligations under the Contract;
- in the opinion of DIEGO EVENT, the Client has requested a significant change of the Contract or Service; including but not limited to a request to reduce the Minimum Guaranteed Numbers;
- an administrator is appointed to the Client or in the event of the liquidation or receivership of the Client;
- DIEGO EVENT is not satisfied with the Client‟s credit status;
- in the opinion of DIEGO EVENT, the Event might prejudice the reputation of DIEGO EVENT.
- DIEGO EVENT is requested to cancel the Event by order of any government or other public authority.
By the Client:
- The Booking will be considered „cancelled‟ by DIEGO EVENT when a Client, by written notification to the event manager, cancels or postpones the entire Booking.
- In the event of termination of the Contract for any reason, DIEGO EVENT shall have the right to impose a cancellation charge which shall be calculated as detailed in clause as below :
- In the event of cancellation, DIEGO EVENT shall have the right to impose a cancellation charge which shall be calculated as detailed below:
- if cancelled 20-30 days prior to the first day of the Event, the cancellation charge shall be 25% of the Price.
- if cancelled 10 days prior to the first day of the Event, the cancellation charge shall be 50% of the Price;
- if cancelled 3 days prior to the first day of the Event, the cancellation charge shall be 75% of the Price;
- if cancelled 1-2 days prior to the first day of the Event, the cancellation charge shall be 100% of the Price; and
- On termination of this Contract for any reason, the Client shall immediately pay to DIEGO EVENT all of the cancellation charges as provided for in clause 23.
- Events on request of the client would only be postponed for a maximum duration of 20 days , after the period of 20 days since the first put forward date , the event would be considered cancelled and all the extra expenses meanwhile would be covered by client.
Deposit
- A non-refundable deposit of 50% of the Price is payable upon the Commencement Date.
- Further deposits may be required depending on the number of Delegates and/or the value of any additional services the Client requests DIEGO EVENT to book and/or contract on their behalf.
Payment terms for the Service
- For all bookings by Clients :
- the Client shall, within 5 days of the date of the relevant invoice pass for payment.
- the Client shall notify DIEGO EVENT of any disputed amounts within 2 working days of the date of the invoice or request for payment and the Client shall pay the undisputed amount within 7 days of the date of the invoice. The disputed amount alone may should be paid within14 days or further court action would be taken.
- all payments by the Client to DIEGO EVENT shall be made without deduction or set off.
- For all other bookings:
- the Client shall make all payments due under the Contract in rupees and within 14 days of the date of the relevant invoice or request for payment.
- if the Client fails to pay any amount due under the Contract on the due date, DIEGO EVENT may charge interest at an annual rate of 7% or above as per its convenience.
Intellectual Property Rights
- As between the Client and DIEGO EVENT, all intellectual property rights and all other rights in and/or resulting from the provision of the Service shall be owned by DIEGO EVENT. DIEGO EVENT licenses all such rights to the Client on a non- exclusive, worldwide basis to such extent as is necessary to enable the Client to make reasonable use of
the Service. If this Contract is terminated, this licence will automatically terminate.
- Any intellectual property rights developed prior to or out with the scope of this Contract shall remain the property of the party that introduced the same and they will grant to the
other party, a non-exclusive, royalty free licence to use the same for the purpose of fulfilling their obligations under the Contract.
Confidentiality
- The Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have
been disclosed to the Client by DIEGO EVENT, its employees, agents, consultants or subcontractors and any other confidential information concerning DIEGO EVENT’s business or its products which the Client may obtain.
Liability – please read carefully
- Subject to clause 35 , the entire liability of DIEGO EVENT in connection with the Contract whether for negligence, breach of contract, misrepresentation or otherwise, is limited
to an amount equal to the Price.
- Subject to clause 35, the liability of DIEGO EVENT in connection with the Contract whether for negligence, breach of contract, misrepresentation or otherwise, will not extend
to any special, indirect or consequential damages or losses, or any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect, even if the Client has advised DIEGO EVENT of the possibility of those losses, or if they were within DIEGO EVENT’s contemplation.
- Nothing in these conditions shall operate to exclude or restrict either party‟s liability for:
- death or personal injury resulting from negligence.
- fraud or deceit.
36 The Client shall indemnify, keep indemnified and hold DIEGO EVENT harmless from and against all claims, actions, damages, liabilities and costs (including professional fees)
which may be brought against or incurred or suffered by DIEGO EVENT, its employees or agents in connection with the Service which arise as a result of or due to the actions, omissions, or negligence of the Client, its employees or agents or others whom it is responsible, or any Delegate.
- DIEGO EVENT will have no liability to the Client and/or the Delegate when they are not at DIEGO EVENT premises, even if any such liability is incurred at a location which DIEGO EVENT has organised an alternative venue for delivery of the Event and/or organised as part of the relevant social programme as part of the delivery of the Service as
specified in the Booking Contract.
- DIEGO EVENT gives notice that all arrangements for transport and conveyance, or for any other services, are made by them as agents, upon the express condition that they
shall not be liable for any injury, damage, loss, accident, delay or irregularity howsoever caused which might occur due to the act, omission fault or negligence of any suppliers or subcontractors engaged in carrying out contracted arrangements for the Client.
- The Client shall effect and maintain adequate insurance cover (including professional indemnity insurance and event and public liability insurance) to cover all liabilities under
the Contract, with a reputable insurer approved by DIEGO EVENT and shall, on DIEGO EVENT’s request, produce both the insurance certificate giving details of cover and the receipt for the current year‟s premium in respect of each insurance.
General
- The Client shall comply with all applicable laws, statutes, regulations relating to anti- bribery and anti-corruption .
- „Force Majeure‟ means any circumstance beyond the control of DIEGO EVENT including, but not limited to acts of God, fire, explosion, adverse weather conditions, flood,
earthquake, failure of energy sources or transport network, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs, or other industrial disputes,
accidents, riots or civil disturbances, acts of government, lack of power, non- performance or delays by suppliers or materials shortages.
- DIEGO EVENT shall not be liable to the other of loss or damages arising from prevention or delay in performance of this Contract where same is a result of Force Majeure.
For the avoidance of doubt, nothing shall excuse the Client from any payment obligations under the Contract.
- If DIEGO EVENT is prevented or hindered from hosting the event by a Force Majeure event, DIEGO EVENT may, at its sole option and without being liable for any loss or
damage suffered by the Client or Delegates, relocate the event to another location or terminate the Contract forthwith by giving notice to that effect to the Client. Relocating would be a part only if enough funds are provided by client to do so , otherwise it stands cancelled.
- The benefit of this Contract may not be assigned by the Client without the prior written consent of DIEGO EVENT.
- This Contract and any document referred to herein represent the whole understanding of the parties with regard to the subject matter hereof. Each and every provision in this
Contract shall be read (where possible) as entirely independent and severable from the other or others. In all cases where a provision of this Contract is reducible, invalid or unenforceable in terms of any legislation or other legal authority, such provision shall not affect the validity of the remaining portion of this Contract which shall remain in force and effect.
- No variation or alteration of any of these Terms and Conditions shall be effective unless it is in writing and signed by or on behalf of each party.
- Indian law shall govern this Contract and the parties to this Contract submit to the exclusive jurisdiction of the Indian courts.
