1.1 In these terms and conditions the following expressions shall have the following meanings unless the context otherwise requires:
‘Booking Form’ means the form provided by Energy & Utility Skills.
‘Event’ means the EUS Conference and Awards Evening Event to be held at The Hilton Metropole – Birmingham.
‘Attendee’ means the person attending the event or making the booking on behalf of those attending the event.
‘Charge’ has the meaning given in clause 3.
‘Contract’ means the contract between Energy & Utility Skills and the Sponsor or the Exhibitor for sponsorship or stand space at the Event
‘Exhibitor’ means the person, company or firm who by completing a Booking Form agrees to take a stand space at the Event subject to these terms and conditions.
‘Exhibitor Briefing Pack’ means the information pack produced by Energy & Utility Skills for the Event.
‘Sponsor’ means the person, company or firm who by completing a Booking Form agrees to sponsor an item at the conference/awards evening subject to these terms and conditions.
‘Sponsor Briefing Pack’ means the information pack produced by Energy & Utility Skills for the event.
‘Energy & Utility Skills’ means Energy and Utility Skills Limited, a company limited by guarantee. Registered in England and Wales with registration number 3812163. Registered Office: Avon House, 435 Stratford Road, Shirley, Solihull, B90 4AA.
1.2 In these terms and conditions clause headings are for convenience only and references to clauses are unless otherwise stated to clauses in these terms and conditions.
1.3 Any reference to a statute is a reference to it as amended or re-enacted and includes all subordinate legislation made under that statute.
2. The Event
2.1 Subject to clause 2.2 the date and venue for the Event are detailed in the Booking Form.
2.2 Energy & Utility Skills shall have the right to change the date, venue and opening times of the Event with notice given to the Attendee, Sponsor or Exhibitor.
2.3 During opening hours to attendees and visitors the Exhibitor shall ensure that the stand space is opened and staffed at all times. The Exhibitor must ensure that during the Event, badges issued to the Exhibitor by or on behalf of Energy & Utility Skills are worn by its personnel at all times whilst present at the Event.
2.4 An Exhibitor Briefing Pack will be provided by Energy & Utility Skills and issued to the Exhibitor. The Exhibitor shall comply (and shall procure that its personnel and contractors comply) with all rules and requirements set out in the Exhibitor Briefing Pack or otherwise notified to the Exhibitor and any other laws, rules and regulations applicable to the site at which the Event takes place.
2.5 A Sponsor Briefing Pack will be provided by Energy & Utility Skills and issued to the Sponsor. The Sponsor shall comply (and shall procure that its personnel and contractors comply) with all rules and requirements set out in the Sponsor Briefing Pack or otherwise notified to the Sponsor and any other laws, rules and regulations applicable to the site at which the Event takes place.
3.1 Charges are as stated in the associated Booking Form and are exclusive of Value Added Tax (VAT).
3.2 The charge for a sponsorship item (the ‘Charge’) is as shown on the Booking Form plus VAT. The Sponsor shall pay the total Charge plus VAT within 30 days of invoice date, or 7 days before the event, whichever is soonest.
3.3 The charge for stand space (the ‘Charge’) is as shown on the Booking Form plus VAT. The Exhibitor shall pay the total Charge plus VAT within 30 days of invoice date, or 7 days before the event, whichever is soonest. The Exhibitor will not have access to the Event or be permitted to occupy a stand space at the Event until full payment of the Charge plus VAT is received by Energy & Utility Skills in cleared funds in accordance with this clause 3.
4. Application and Allocation of Sponsorship items
4.1 Application for a sponsorship item must be made to Energy & Utility Skills using the Booking Form. Any application received will be dealt with in order of receipt. Allocation of all sponsorship items will be at Energy & Utility Skills’ sole and absolute discretion.
4.2 These terms and conditions apply to the Contract to the exclusion of any other terms and conditions that the Sponsor seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
5. Application and Allocation of Stand Space
5.1 Application for a stand space must be made to Energy & Utility Skills using the Booking Form. Any application received will be dealt with in order of receipt. Allocation of all stand space will be at Energy & Utility Skills’ sole and absolute discretion. Energy & Utility Skills will endeavour to meet the request of the Exhibitor for specific space but reserves the right to assign or reassign stand space and to alter the shape or position of stand space and the floor plan as it considers appropriate to ensure the most suitable arrangement of the Event.
5.2 Receipt by Energy & Utility Skills of a completed Booking Form from the Exhibitor shall constitute an offer by the Exhibitor to purchase stand space at the Event. This offer shall only be deemed to be accepted when Energy & Utility Skills issues a written booking confirmation to the Exhibitor at which point the Contract shall come into existence.
5.3 These terms and conditions apply to the Contract to the exclusion of any other terms and conditions that the Exhibitor seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
6.1 Energy & Utility Skills shall have no responsibility for any loss, damage or destruction of any property of the Attendee, Sponsor, or Exhibitor or any third party which occurs during, or in connection with, their participation in the Event. This includes (but is not limited to) any loss, damage or destruction which occurs during transportation, shipment, delivery, installation, exhibiting and/or return or removal of any or the attendee’s products, materials or other property all of which shall at all times be at the risk of the Attendee, Sponsor or Exhibitor.
6.2 The Sponsor or Exhibitor shall maintain in force public liability insurance of an amount of not less than £2 million per claim (or such other amount as Energy & Utility Skills shall have agreed in writing) with a reputable insurance company. On Energy & Utility Skills’ written request, the Sponsor or Exhibitor shall promptly provide a copy of its insurance certificate, reasonable details of its insurance cover and reasonable evidence that the applicable premiums have been paid up to date.
6.3 The Sponsor or Exhibitor shall be responsible for any damage to any premises at which an Event is held which is caused by its personnel or contractors.
6.4 The Exhibitor shall ensure that its products and exhibits are adequately fixed in a stable location to ensure the continuous safety and stability of the products or exhibits at the Exhibitor’s stand space. The Exhibitor shall be responsible for all personal injury or loss of or damage to property arising from the Exhibitor’s or any other use or demonstration of, or interaction with, or display, transportation or installation of, any product or exhibit of the Exhibitor, or otherwise caused by the Exhibitor or any of its employees, personnel, contractors or visitors at the Event. Accordingly, the Exhibitor shall indemnify Energy & Utility Skills in respect of all liabilities, loss, damage, claims, actions, proceedings, costs, or demands arising out of or in connection with any such injury, loss or damage.
6.5 Energy & Utility Skills shall have no liability to the Sponsor or Exhibitor whether in contract, tort (including negligence), for breach of statutory duty or otherwise for any loss of profit, loss of sales or business, loss of contracts or depletion of goodwill (in each case whether such loss is direct, indirect or consequential) or for any consequential loss whatsoever.
6.6 Energy & Utility Skills’ total liability whether in contract, tort (including negligence), for breach of statutory duty or otherwise shall be limited in aggregate to an amount equal to the Charge paid or payable by the Sponsor or Exhibitor.
6.7 Nothing in these terms and conditions shall limit or exclude the liability of Energy & Utility Skills for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or for any other matter for which it would be unlawful to limit or exclude liability or to attempt to do so.
7. Cancellation Policy
7.1 Tickets are non-refundable unless the event is cancelled by Energy & Utility Skills, where a full refund will be provided.
7.2 If the Sponsor or Exhibitor cancels their booking more than 6 months prior to the Event, they will be liable to pay 30% of the Charge plus VAT.
7.3 If the Sponsor or Exhibitor cancels their booking between 3 months and 6 months prior to the Event, they will be liable to pay 70% of the Charge plus VAT.
7.4 If the Sponsor or Exhibitor cancels their booking less than 3 months prior to the Event, they will be liable to pay the full Charge plus VAT.
7.5 Where the Sponsor or Exhibitor has paid the Charge plus VAT prior to cancelling its booking under either clause 7.2 or 7.3, Energy & Utility Skills shall refund to them that part of the Charge plus VAT which they are not liable to pay. If the Sponsor or Exhibitor has not paid Energy & Utility Skills in full before a cancellation of a booking, they shall pay that proportion of the Charge plus VAT for which they are liable.
7.6 Cancellations of bookings by the Sponsor or Exhibitor must be made in writing and shall be effective from the date of receipt by Energy & Utility Skills.
6. Force Majeure
Energy & Utility Skills will not be liable for any cancellation or postponement of the Event or any failure to provide stand space at the Event which is attributable to any circumstances beyond its reasonable control including (but not limited to) war, fire, storm, explosion, national emergency, labour dispute, strike, lock-out, civil disturbance, or accident. In such circumstances Energy & Utility Skills shall refund to the Sponsor the amount of any Charge paid, less any and all legitimate expenses incurred by Energy & Utility Skills, such as but not limited to rent, advertising payments, operating costs, provided that Energy & Utility Skills has itself been able to obtain a refund of any such amounts paid to any third party and provided that the Sponsor shall not have been compensated through its own insurance for such losses.
7.1 Energy & Utility Skills reserves the right to vary these terms and conditions at any time by written notice to the attendee.
7.2 A waiver by Energy & Utility Skills of any right or remedy under the terms and conditions shall be effective only if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
7.3 If any provision or part provision of these terms and conditions is or becomes invalid it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible the provision or part provision shall be deemed deleted. Any modification or deletion of a provision or part provision under this clause shall not affect the validity or enforceability of the rest of the Contract.
8. Remedies and Termination
Without prejudice to any other rights or remedies of Energy & Utility Skills any failure by the attendee to pay any amount due on the due date for payment or any other material breach of these terms and conditions by the attendee will entitle Energy & Utility Skills to terminate the Contract with immediate effect by written notice to the attendee and to retain any payment made by the attendee.
Energy & Utility Skills reserves the right to charge interest at a rate of 8% above the base rate of the Bank of England on any sums not paid by the Attendee, Sponsor or Exhibitor on the due date for payment from the due date until the date of payment whether before or after judgment.
10. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
11. Third Parties
Nothing in these terms and conditions shall confer on any third party any rights or benefit under the provisions of the Contracts (Rights of Third Party) Act 1999.
12. Health and Safety
The Sponsor shall comply with the Health & Safety at Work Act 1974, and any regulations made thereunder.
13. Use of Images
13.1 The attendee acknowledges that Energy & Utility Skills will be filming and using photography to broadcast the Event and for future marketing. The attendee agrees to be filmed or photographed at the Event and that all copyright and other like rights in such films and photographs shall be the property of Energy & Utility Skills and the attendee waives any moral or other rights in relation to each of such photographs or films. The images contained in such photographs or films may appear online and in printed or electronic publications and may also be sent to the news media. Energy & Utility Skills’ websites and publications can be viewed internationally, not just in the United Kingdom.
13.2 All reasonable measures will be undertaken to ensure that images are used solely for the purposes for which they are intended. Images may be transferred by Energy & Utility Skills both electronically and by post, and while steps are taken to ensure they are transferred securely, Energy & Utility Skills accept no responsibility for images lost or stolen in transit.
13.3 The attendee acknowledges that in addition to dedicated event photography and filming press and media crews will be invited to attend Events.