These are the Events Terms and Conditions of Decisive Media Limited, a company registered in England and Wales with registration number: 4172396, whose registered office is Portwell House, 26 Market Place, Faringdon, SN7 7HU, United Kingdom.
In these Conditions the following definitions apply:
Booking means the order for the Event from Decisive Media 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 as part of the Event, including all IPR in such Content.
Contract means the agreement between Decisive Media 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 Decisive Media and whose details are set out in the Booking;
Data Protection Laws means General Data Protection Regulation (GDPR) and Data Protection Act 2018;
Decisive Media, We or Us means Decisive Media Limited;
Event means any event, exhibit or conference organised or managed by Decisive Media 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 Decisive Media’s 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, trade marks and design rights, database rights, domain names, business names, patents and computer software;
Price has the meaning set out in clause 3.1;
Terms means Decisive Media’s Event terms and conditions set out in this document;
VAT means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax.
2 Application of these Conditions
2.1 These Conditions apply to and form part of the Contract between Decisive Media and the Customer. They supersede any previously issued terms and conditions of purchase.
2.2 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 Decisive Media agrees in writing.
2.3 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 Decisive Media.
2.4 Decisive Media may accept or reject a Booking at its discretion. Confirmation and acceptance or rejection of the Booking will be sent to the Customer by email within five (5) working days of receipt of the Booking request
2.5 A Booking shall not be accepted, and no binding obligation to supply any Booking shall arise, until Decisive Media’s written acceptance of the Booking in accordance with 2.4.
2.6 Marketing and other promotional material relating to any Bookings are illustrative only and do not form part of the Contract.
2.7 Where applicable, discount codes may be used and must:
2.7.1 be applied at the time of Booking; and
2.7.2 be valid when used; and
2.7.3 be subject to Booking availability at any Event; and
2.7.4 be subject to review by Decisive Media and rejection in the case of improper use.
3.1 The price for the Booking shall be as set out in the Booking or, in default of such provision, shall be calculated in accordance with Decisive Media's scale of charges as advised by Decisive Media before the date the Booking is made (Price).
3.2 The Prices are exclusive of VAT (or equivalent sales tax). The Customer shall pay any applicable VAT to Decisive Media on receipt of a valid VAT invoice.
3.3 Decisive Media may increase the Prices at any time by giving the Customer notice in writing.
4.1 For Bookings made within 28 days of the Event, payment must be made at the time of the Booking. Credit card payments are accepted.
4.2 In the event that payment has not been made at the time of Booking, Decisive Media shall invoice the Customer for the Booking.
4.3 The Customer shall pay all invoices in full without deduction or set-off, in cleared funds within 28 days of the date of each invoice or within 28 days of the date of the Event, whichever is the earlier. Decisive Media may cancel without notice any Booking not paid for in full before the start of the Event to which it relates.
4.4 Where sums due under these Conditions are not paid in full by the due date Decisive Media may, without limiting its other rights, 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).
5.1 The Customer must notify Decisive Media of the names and titles of the Delegates attending the Event at the time of making the Booking. Acceptance of any Booking is subject to availability.
5.2 The Booking shall specify where the Event will take place.
5.3 Delegate passes issued for use at the Event are valid for named Delegate only and, subject to clause 5.4, cannot be transferred. The Delegate may be asked for photographic ID during the Event. If the Delegate is unable to provide identification which matches the Delegate pass he may be asked to leave the Event.
5.4 If a Delegate is unable to attend the Event the Customer may substitute Delegates attending in place at no extra cost provided that notice is given by email at [email protected] at least 2 working days prior to the Event.
5.5 No refunds will be given in respect of any cancellations or non-attendance.
5.6 The Customer shall (and shall procure that Delegates 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. Decisive Media reserves the right in its absolute discretion to exclude or remove any Delegate from the Event whose presence is or is likely to be undesirable.
6.1 Decisive Media reserves the right to alter the advertised Content, timing and/or location of the Event or the advertised speakers at any time.
6.1 In the event that the Event is altered for any reason other than Force Majeure, Decisive Media shall provide the Customer with notice of the revised time and/or location and shall offer the Customer a choice of either a credit for a future Event (up to the value of the Price paid in respect of the Event) or the opportunity to attend the Event as varied.
7 Force Majeure
7.1 In the event that the Event is altered due to Force Majeure Decisive Media 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 In the event that the Event is altered due to Force Majeure and Decisive Media at its sole discretion does not offer the alternatives in clause 7.1, the Customer shall be entitled but not obliged (in its sole discretion) to receive either a refund or credit note in respect of the sum paid less an administration charge equivalent to 25% per cent of the Price.
7.3 Decisive Media shall not be liable for any delay in or failure of performance caused by Force Majeure.
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.
9 Use of Images
When you or the Delegate attend an Event, you each accept that photography, audio recording and video recording may take place at the Event venue. You and each Delegate consent to such capture of your Image and agree to release all Image rights. Decisive Media 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.
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, Decisive Media’s total liability shall not exceed the total amount paid under the Booking.
10.3 Subject to clause 10.4, Decisive Media shall not be liable for consequential, indirect or special losses.
10.4 Subject to clause 10.4, Decisive Media 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 Decisive Media against all claims and costs arising in any way from your (or your Delegate’s) 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.
11 Personal Data
11.1 Each party shall comply with its respective obligations and may exercise its respective rights in accordance with Data Protection Laws.
11.2 Decisive Media’s data protection policy is set out at www.telecomtv.com/privacy
12.1 All rights in the Content are owned by us or are included with the permission of the rights owner. You may not film, photograph or record the content at an Event. You may not use any of the Content except for internal business use by you or by the Delegate on your behalf.
12.2 You may not transmit or otherwise make the content available to any third party or make any commercial use of the Content. Further, you must not use the Content in any way that might infringe our IPR or the IPR of any third party.
12.3 The Content does not necessarily reflect our views or opinions.
12.4 Suggestions or advice contained in the Content should not be relied upon in place of professional or other advice. Whilst we take reasonable care to ensure that the Content created by us is accurate and complete, some of it is supplied by third parties and we are unable to check its accuracy or completeness. You should verify the accuracy of any information (whether supplied by us or third parties) before relying on it. The Content is provided on an “AS IS” basis without any warranties of any kind (express or implied). We hereby exclude all liability for costs, claims, damages, losses or expenses arising from any inaccuracy or omission in the Content or arising from any infringing, defamatory or otherwise unlawful material in the Content.
12.5 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.
13 Catering Accommodation and Travel
13.1 At any Event, Catering may include menus containing nuts and other allergenic food stuffs. Please tell us in advance if you are aware of any allergies of any Delegates. We will endeavour to provide an alternative menu but we cannot however guarantee all traces of nuts are excluded.
13.2 Please notify us in advance of any special requirements or disabilities of any Delegate.
13.3 Smoking, including use of smokeless tobacco products, e-cigarettes and unregulated nicotine products is prohibited at all Events, except in designated areas.
13.4 If overnight accommodation is included in any Event booking, standard single rooms will be allocated based on a single occupancy. If dual occupancy is required, the second occupant must also register and pay the full Delegate registration and room fee.
13.5 Delegates must pay for any extras (such as telephone charges, newspapers) before leaving the Event venue.
13.6 You are responsible for the arrangements, authorisations and cost of travel to the Event for your Delegates. We will not refund Booking costs where your Delegate is unable to attend owing to defects in your travel arrangements.
13.7 We are not responsible for loss or theft of your personal items. Please keep them secure at all times.
14.1 Decisive Media may terminate the Contract or any other contract which it has with the Customer at any time by giving notice in writing to the Customer if the Customer has failed to pay any amount due under the Contract on the due date.
14.2 Termination or expiry of the Contract shall not affect any accrued rights and liabilities of Decisive Media at any time up to the date of termination.
15.1 Any notice or other communication given by a party under these Conditions shall be in writing and in English, signed by, or on behalf of, the party giving it (except for notices sent by email) and be sent to the relevant party at the address set out in the Contract
15.2 Notices may be given, and are deemed received:
15.2.1 by hand: on receipt of a signature at the time of delivery;
15.2.2 by Royal Mail Recorded Signed For post: at 9.00 am on the second Business Day after posting;
15.2.3 by email: on receipt of a delivery receipt email from the correct address.
15.3 This clause does not apply to notices given in legal proceedings or arbitration.
16 Entire agreement
16.1 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.
16.2 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.
16.3 Nothing in these Terms purport to limit or exclude any liability for fraud.
The Customer may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without Decisive Media’s prior written consent, which it may withhold or delay at its absolute discretion.
18 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.
19 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.
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).