The People Development Summit - CONDITIONS OF CONTRACT SUPPLIER
1 THE PARTIES
The Contract is between Summit Events Limited ("Organisers") and the Company whose name appears on the Booking Form and other documentation connected with The People Development Summit and every person and/or company for whom the Supplier acts or represents and who may attend the Summit ("Supplier").
"Summit" means The People Development Summit from time to time organised by the Organisers.
"Fee" means the total sum due excluding VAT from the Supplier to the Organisers.
"Participant" means every person travelling to or participating in the Summit for whom the Supplier acts.
3 THE SUMMIT
3.1 The Organisers may at any time make an alteration in the arrangements for the Summit as may be necessary in the best interests of the Summit and will use their best endeavours to inform the Supplier promptly.
3.2 The Organisers may at any time without notice cancel the Summit whereupon the sole liability of the Organisers shall be to repay the total moneys received by the Organisers from the Supplier.
The full fee is payable in all cases prior to the Summit date. The Supplier's place at the Summit is deemed unconfirmed until the first instalment is received. Interest may be charged on any late payment at the rate of 3.5% per annum above the Base Rate of the Organisers' Bankers.
We will exercise our statutory right to claim interest (at 8% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation if we are not paid according to our agreed credit terms. The relevant law this is based on is the Late Payment of Commercial Debts (Interest) Act 1998.
5 CANCELLATION BY SUPPLIER
5.1 The Supplier shall not assign or otherwise transfer their rights and obligations hereunder without the Organisers' prior written consent.
5.2 In the event that the Supplier wishes to cancel the booking the fee will remain payable in full but the Organisers will endeavour to reallocate the place and after deduction of all costs thereby incurred to credit the Supplier with moneys received against the fee.
5.3 The Organisers shall in any event charge the Supplier a cancellation fee whether or not the Supplier's place is reallocated of 20% of the fee in the event that cancellation takes place 2 months or more prior to the Summit and 100% of the fee in the event that cancellation takes place within 2 months of the Summit.
6.1 The Organisers shall not be liable in respect of consequential loss or damage or in respect of any claims for detention, delay or over carriage whatsoever and howsoever caused.
6.2 If the Summit is abandoned, cancelled or suspended in whole or in part by reason of war, fire, national emergency, labour dispute, strike, lockout, civil disturbance, inevitable accident and non-availability of the premises for the Summit or any other cause not within the absolute control of the Organisers whether eiusdem generis or not then the Organisers may at their entire discretion repay such part of the fee as may have been received from the Supplier as in the circumstances may appear reasonable subject to deduction of the costs of the Summit.
6.3 Every Supplier warrants that he shall be fully responsible for all acts and omissions of all representatives, persons or agents acting for and on behalf of the Supplier and shall ensure that such persons shall conduct themselves so as to cause the minimum of disturbance or obstruction and at all times shall comply with the operating requirements of the Organisers or of other persons managing the Summit.
7 FACILITIES OF THE SUMMIT
7.1 The Organisers shall use their reasonable endeavours to provide details of electrical requirements, Suppliers of transport to and from the Summit and other material matters relating to areas and access to be used and enjoyed at the Summit by the Suppliers promptly as soon as the information is available to the Organisers.
7.2 The Supplier undertakes to inform the Organisers in writing of any special requests which the Supplier or any participant may reasonably require and which the Organisers shall try to accommodate and all costs of and incidental thereto shall be payable by the Supplier as an addition to the fee. Provided that the Organisers shall not be liable if they are unable for any reason to accommodate any such special requests and their failure to do so shall not entitle the Supplier to cancel.
7.3 All communication relating to the Summit must be through the Organisers or as they may specifically instruct in writing and the Supplier undertakes to ensure that all participants are kept fully informed of all relevant matters and these Conditions of Contract relating to the Summit.
All goods brought to the Summit by a Supplier are at the Supplier's sole risk. The Organisers will not be responsible at any time for the loss by theft or otherwise, fire damage, water accidents, negligence or any other cause to any property of any Supplier or of any other person or for loss, damage or injury sustained by any Supplier or any other person. The Organisers will not be responsible to any Supplier for any act or default of any other participant. Suppliers must make their own arrangements as to insurances.
9 AMENDMENTS AND NOTIFICATION OF CLAIMS
9.1 No amendments to these Conditions of Contract shall be applicable unless in writing and signed by the duly authorised representative of the parties.
9.2 The Organisers will only consider claims provided they are notified within 28 days after the return of the Supplier from the Summit or in the event of non-arrival from the day on which the Supplier or baggage should have returned.
9.3 All notices hereunder should be addressed to the Organisers, Summit Events Ltd, at Studio 119, China Works, 100 Black Prince Road, London SE1 7JS, UK
10. The Organisers reserve the right to terminate the participation of the Supplier in the Summit if the Organisers shall, in their own absolute discretion, decide that the behaviour, conduct or presence of the Supplier or its representatives shall in any way undermine the Summit or be a disturbance or offence to other participants. In the event that their participation is terminated then any moneys paid by the Supplier to the Organisers shall be forfeited.
In this section Controller, Data Controller, Processor, Data Processor, Data Subject, Personal Data, Special Categories Of Personal Data, Processing and Appropriate Technical And Organisational Measures as set out in the Data Protection Legislation in force at the time, process and processing shall be construed accordingly.
Data Protection Legislation means (i) the Data Protection Act 2018 (ii) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, for so long as the GDPR is effective in the UK, and (iii) the Privacy and Electronic Communications Regulations 2003 (PECR) any successor legislation to PECR, in particular the e-Privacy Regulation, once it becomes law.
Permitted Recipients means the parties to this agreement, the employees of each party, subcontracts and any third parties engaged to perform obligations in connection with these Conditions of Contract.
Shared Personal Data means the Personal Data to be shared between the parties pursuant to these Conditions of Contract.
11.1 This clause sets out the framework for the sharing of Personal Data and Special Categories of Personal Data between the parties.
11.2 Each party shall comply with all the obligations imposed on a Controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this agreement with immediate effect.
11.3 Each party shall:
11.3.1 ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
11.3.2 give full fair processing information to any Data Subject whose Personal Data may be processed under these Conditions of Contract of the nature such processing. This includes giving notice that, on the termination of this agreement, Personal Data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors, subcontractors and assignees;
11.3.3 not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
11.3.4 ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by these Conditions of Contract;
11.3.5 ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.
11.3.6 not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:
complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint Controller); and
ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
11.3.7 Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:
220.127.116.11 consult with the other party about any notices given to Data Subjects in relation to the Shared Personal Data;
18.104.22.168 promptly inform the other party about the receipt of any Data Subject access request;
22.214.171.124 provide the other party with reasonable assistance in complying with any Data Subject access request;
126.96.36.199 not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other party wherever possible;
188.8.131.52 assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, access to Personal Data and/or Shared Personal Data, data privacy impact assessments and consultations with supervisory authorities or regulators;
184.108.40.206 notify the other party immediately on becoming aware of any breach of the Data Protection Legislation;
220.127.116.11 at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of these Conditions of Contract unless required by the applicable law to store the Personal Data;
18.104.22.168 use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
22.214.171.124 maintain complete and accurate records and information to demonstrate its compliance with this clause and allow for audits by the other party or the other party's designated auditor;
126.96.36.199 not process Shared Personal Data for any purpose other than the Agreed Purpose; and provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the joint training of relevant staff, the procedures to be followed in the event of a data security breach, and the regular review of the parties' compliance with the Data Protection Legislation.
11.4 Where the Organiser, (as a Processor) process Personal Data made available by the Supplier to it, it shall:
11.4.1 process the Supplied Personal Data on the terms set out in these Conditions of Contract unless required to process it for other purposes by EU law (in which case the Organiser will give prior notice of that requirement unless the applicable law prohibits the giving of notice);
11.4.2 comply with the express obligations of a Processor under Articles 28(3)(b) to 28(3)(h) of the GDPR. However, the Supplier may not instruct the Processor to delete copies of data that the Supplier holds as Supplier (as defined in the Data Protection Legislation);
11.4.3 the Supplier generally authorises transfers of personal data received from it outside the EEA, so long as the transfer complies with the requirements set out above with regards to non-EEA transfers.
11.4.4. the Supplier generally authorises the Processor to engage further Processors to process Shared Personal Data, so long as such contract is on substantially similar terms to this clause. If the Supplier reasonably object to a change, at the Processors’ option it shall: (i) give the Supplier opportunity to pay for a version of the service without the use of the Processor to which the Supplier objects; or (ii) terminate the provision of our services;
11.4.5 the Supplier will notify the Processor in writing if it requires any assistance pursuant to Articles 28(3)(a) to 28(3)(h) of the GDPR inclusive. The parties shall agree the scope, method, timing and reasonable fees chargeable for such assistance.
11.5 The Supplier, shall indemnify the Organiser against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of the Data Protection Legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.