Terms and Conditions
siberXchange Online Summit
Agreement is between
This agreement between SponsorName (“Sponsor” or “Client”) and siberX (“Firm” or “Provider”) is for sponsorship of siberX event: SIBERXCHANGE LIVE ONLINE SUMMIT and is effective as of the date it is signed by the Firm. The Sponsor’s authorized representative acknowledges that the Sponsor agrees to abide by the specific conditions set forth in this document and with the Rules of the Show. A signed and ratified copy of this agreement will be returned to the person signing this form indicating the provider’s booth assignment if applicable.
- Payment is due upon receipt of Agreement. Failure to remit such payment shall constitute as cancellation of this Contract by the Client. All payments are non-refundable.
- If a Client has not paid the amounts when due within the specified period, the Provider retains the right to refuse and or to withdraw a previous allocation and without prejudice to Provider’s right to claim full amounts of these amounts. Payment, which Client claims are due from the Provider under any other Contract may not be offset against the payments, which are owed to the Firm by Client. Nor may Client claim a right to suspend performance in respect of such payments.
- Notice of cancellation must be provided to Provider in writing 45 days prior to the event. In the event that Client
a. does not timely pay any amount when due under this Agreement; or
b. delivers written notice of cancellation to Provider at any time prior to the date of the event, such cancellation or failure to pay shall constitute a cancellation by Client and will immediately trigger Provider’s right to recover as a debt all amounts outstanding under this Agreement, and to retain all monies received from Client, as a cancellation fee. The parties intend by this provision to agree in advance to the settlement of damages to Provider that will arise from Client’s cancellation. The parties acknowledge that this paragraph provides for reasonable liquidated damages, and not a penalty, and bears a reasonable relation to the damages Provider will sustain, which are uncertain and difficult to estimate at this time. The relevant date for determining the time of any notice under this Agreement is the event Date as stated on this Agreement (or as scheduled as of the date the Agreement is accepted by Provider), even if the date of the event is changed or merged with another event at any time for any reason.
- Provider will not be held liable for any costs or losses whatsoever incurred by Client or repayment of any monies to Client for the cancellation, alteration, merging with another Event or postponement of any Event. The parties intend by this Section 7 to acknowledge and agree in advance that Provider invests considerable cost in the production, marketing and organization of Event and that it would sustain considerable losses as a consequence of or arising from such alteration or postponement and that therefore these paragraphs are reasonable in relation to the losses Provider would sustain which are uncertain and difficult to estimate at the time the Agreement was made.
- Any estimates of visitor number to the Event are based on the discretion and experience of and, as they are estimates only and many matters can affect attendance, Provider makes no representation or guarantee as to the number of people who will visit the Event. Accordingly, estimates made or given whether in publicity material about the event by or on behalf of Provider whether verbally or in writing shall not be incorporated in or become part of the Agreement between Provider and Client. The Event will open and close at the dates and times shown.
- Provider will not be held responsible for any errors or omissions on information prepared and submitted by Client in respect of the Event.
- If Client fails to comply with any Sections, provisions or instructions Provider has given or will give, then Provider is entitled to take the necessary measures, at the expense and risk of Client, to ensure that such Sections, provisions or instructions are or will be fulfilled, or to exclude Client, its staff or agents participating at the event, without any form of reimbursement of amounts Client may have paid or for without relieving him of the obligations which he has accepted towards Provider and exclude Client concerned from participation in any Events to be organised in the future.
- The marks pertaining to the Event, including marks of companies other than the Provider’s, may not be drawn, copied, photographed, or reproduced in any shape whatsoever without the written consent of the Provider.
- These General Terms and Conditions are subject to alteration, amplification or addition by Provider from time to time and these Sections as modified shall bind Client from time to time by such alteration, amplification, or addition.
- This Agreement constitutes the sole Agreement between the parties and supersedes any and all prior oral or written, all contemporaneous oral, Agreements, promises, or understandings among them, pertaining to the transactions contemplated in this Agreement. The parties agree that no express or implied representations, warranties, or inducements have been made by any party to any other party except as set forth in this Agreement. Deviations from this Agreement or the complete or partial exemption from any of the prohibitions or obligations specified in this Agreement shall only apply if such deviation or exemption is stated in writing and signed by Provider CEO. Third parties who have not entered into this Agreement cannot derive any rights from this Agreement.
- Client confirms that it has requested to allow Provider to retain Client information on Provider group companies database to be used by Provider group companies and passed to selected third parties to assist in communicating products and services which may be of interest to Client by letter, phone or fax, (including automatic dialling), email or other electronic means. if Client wishes to stop receiving such information, please inform above Provider office. For training and security purposes, telephone calls may be recorded.
- Should a portion of the Agreement price be subject to provincial, federal, or local (including municipal) taxation, or any other applicable taxes, Provider reserves the right to add such charges to the final invoice or recover such sums from Client at the time when they become due. If any provision of this Agreement is deemed unenforceable, the remaining terms shall be enforceable to the fullest extent of the law.
- The undersigned warrants and represents that he or she is specifically authorized by Client to execute this Agreement and bind Client to the obligations under this Agreement. Client acknowledges that Provider has relied on that representation. All parties expressly waive all rights to trial by jury.
- This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario and the parties submit to the exclusive jurisdiction of the courts in Ontario. However, Provider only is entitled to waive this right and submit to the law and jurisdiction of the courts in which Client’s office is located.
- If Client fails to pay any amount when due, or if Provider retains an attorney to protect its interests under this Agreement, Client shall pay any and all costs and expenses incurred by Provider in enforcing any term of, or collecting under this Agreement, including reasonable attorneys’ fees, collections fees and any expenses. On all amounts not paid when due, Client shall also pay interest, which shall accrue at the rate of 4% above the Correspondent Bank Base Rate. If any provision of this Agreement is deemed unenforceable, the remaining terms shall be enforceable to the fullest extent of the law.