headernlgd

 
Terms & Conditions

CHAPTER I:    GENERAL CLAUSES

Clause 1:    Definitions

- NLGD Conditions:
These NLGD Conditions, replacing all previous NLGD Conditions.

- Organizer:
Sandfire Media B.V. (NLGD Festival of Games, hereafter “NGLD”) and possible partners with whom NLGD organizes an Event, as well as their shareholders, board members, supervisory board members, representatives, employees and auxiliary persons.

- Agreement of Participation or Exhibition:
The agreement in which NLGD, for a defined period of time subject to defined conditions, offers the possibility to participate in or exhibit at an event.

- Agreement
Any agreement in which NLGD is a party.

- Event:
Each congress, conference, symposium, seminar, workshop, forum, tradeshow, expo or any similar event organized by or in cooperation with NLGD.

- Participant:
Anyone, in any capacity, who declares to wish to participate in (part of) an Event.

- Exhibitor:
Anyone who declares to wish to participate in (part of) an Event and whom as such is accepted by the Organizer.

- Contractor:
Anyone entering into an Agreement with NLGD.

- Participation Fee:
The compensation the Participant owes to NLGD with respect to participation in the Event, according to the Agreement of Participation.

- Exhibition Fees
The compensation the Exhibitor owes to NLGD with respect to the exhibition at the Event, according to the Agreement of Exhibition.

- Exhibit Site:
The location where the Event takes place.

Clause 2:    Applicability

1. The NLGD Conditions are applicable to any Agreement.

2. The Contractor cannot invoke any agreement deviating from the NLGD Conditions, unless such agreement is put in writing with NLGD.

3. Apart from NLGD, also its board members, supervisory board members, auxiliary persons and representatives can invoke the NLGD Conditions. Third parties cannot derive any rights from the Agreement or the NLGD Conditions.

4. Applicability of any other general terms and conditions is rejected as far as NLGD considers those to be in conflict with the NLGD Conditions.

5. In case of discrepancy, the Dutch text of the NLGD Conditions prevails.

6. All prices mentioned by NLGD are exclusive of VAT, unless explicitly stated otherwise.

Clause 3:    Applicable law and disputes

1. The Agreement and the NLGD Conditions are subject to Dutch law. In all situations not covered by the Agreement or NLGD Conditions, NLGD decides.

2. In case any dispute cannot be settled amicably, the Utrecht District Court has exclusive jurisdiction.

3. In case the court fully or partially rules in favor of NLGD, all real costs for legal assistance will be borne by the opposing party.


CHAPTER II: PARTICIPANTS

Clause 4:    Establishing the Agreement of Participation


1. The Agreement of Participation is entered into through a registration form that can be filled out on www.festivalofgames.nl or www.festivalofgames.org.

2. By electronically submitting this form the Participant makes an irrevocable offer that is accepted as soon as NLGD sends a confirmation of subscription to the Participant.

3. In special circumstances NLGD can decide not to take a registration in consideration.

Clause 5:    Payment terms

1. The Participation Fee should be paid to NLGD within 14 days of registration, but always prior to the start of the event, without the possibility of setting off or holding back. After this period, statutory interest is due over the outstanding amount and the Participant can be denied entry to the Event without any right to be reimbursed.

2. In case the Participation Fee, increased with possible statutory interest, is not paid within 14 days after a second reminder, 15% extrajudicial collection costs are due by the Participant.

3. Notwithstanding possible payment specification to the contrary, any Participation Fee can be first allocated to possible other claims the Organizer might have against the Participator.

Clause 6:    Cancellation


1. The Participant can cancel the Agreement through a written notice to NLGD. Next to a partial Participation Fee, the Participant also owes any other costs incurred by NLGD, without any right to compensation for damages.

2. In case of cancellation more than 10 weeks prior to the start of the Event, an administration fee is payable by the Participant amounting to 20% of the Participation Fee, with a 50 euro minimum.

3. In case of cancellation between 5 and 10 weeks prior to the start of the Event, 50% of the Participation Fee is payable by the Participant.

4. In case of cancellation less than 5 weeks prior to the start of the Event, the full amount of Participation Fee is payable.

5. In case of cancellation, the Participant has the right to send a replacement, provided the Participant sends NLGD a written request to that respect.

6. In any event NLGD is entitled to withdraw the entrance ticket and to deny the Participant or its replacement the entrance to the Event.

Clause 7:    Participation

1. During the determined period, the Participant has the right to access the Exhibit Site as well as possible other collective meetings, such as lunches, dinners, coffeebreaks, receptions, excursions, unless NLGD considers such meetings only accessible against payment of additional charges or upon special invitation.

2. Access is granted through an entry badge, which is only transferable after consent of the Organizer.

Clause 8:    Force Majeure

1. In case of force majeure, NLGD has to right to change the dates, times and Exhibit Site or to cancel the Event, without entitling the Participant to compensation for any damages.

2. Among other things, force majeure includes: insufficient amount of Participants or Exhibitors, fire or national disaster, which NLGD considers a possible jeopardy to the success of the Event.

3. Such measures do not provide the Participant additional rights to clause 6 with respect to cancellation.

4. In case the Event is cancelled, all registrations are cancelled and the Participation Fees will be reimbursed after deduction of the costs already incurred by organizing the Event, with a maximum of 15% of the total amount of Participation Fees. In any event, the Participant is obliged to pay all further costs incurred at his request.

Clause 9:    Liability

1. The Organizer is not liable for any damage to goods or persons, due to damage or loss, possible defects of the Exhibit Site or any of the accompanying premises, or damage caused by third parties, as far as the damage is not covered by an insurance policy.

2. The Participant is obliged to be insured for all damage to goods and/or persons that occur due to actions or neglect by the Participant. The Participant indemnifies the Organizer against all claims that others might have against the Organizer in this respect.

Clause 10:    Prohibition Orders

Failing written consent of the Organizer, the Participant is not allowed to:

1. Conduct or to have someone else conduct surveys under the visitors of the Event on the Exhibit Site or the accompanying premises.

2. Conduct activities that the Organizer considers a possible threat to the Event as a joint gathering, even if these activities are not directed against one or more (groups of) Participants or Exhibitors, unless these activities can be considered common use in mutual competition relations.

Clause 11:    Maintaining the Order


In case the Participant does not comply with regulations or instructions of the Organizer, the Organizer is authorized to take measures at risk and the expense of the Particpant through which compliance with regulations or instructions will be established. In this respect, the Organizer is authorized to immediately exclude the Participant from participating, now and in the future.


CHAPTER III:    EXHIBITORS

Clause 12:    Establishing an Agreement of Exhibition


1. The Agreement of Exhibition is entered into through a registration form that can be filled out on www.festivalofgames.nl or www.festivalofgames.org.

2. Filling out and submitting the form will be considered an irrevocable offer of the candidate-exhibitor to participate in the Event.

3. After application, the candidate-exhibitor receives a confirmation of application. The Agreement will only be valid once NLGD sends the Exhibitor a confirmation of registration.

4. The Organizer is entitled to refuse a candidate-exhibitor, without motivating this decision and without being liable for any damage other than reimbursement of payments possibly done by the candidate-exhibitor, after possible settlement with unpaid debts.

Clause 13:    Payment terms

1. The applicable rates are listed on www.festivalofgames.nl. NLGD can deviate from the stated specifications and provide an alternative NLGD considers suitable.

2. Additional services are charged upon calculation afterwards.

3. 25% of the Exhibition Fee is payable to NLGD within 14 days after the invoice date. The full amount should be paid latest 10 weeks prior to the start of the Event.

4. Services charged by calculation afterwards are payable within 14 days after the invoice date.

5. After this period, statutory interest is due over the outstanding amount and the Exhibitor can be denied entry to the Event without any right to be reimbursed. In case any outstanding amount, increased with possible statutory interest, is not paid within 14 days after a second reminder, 15% extrajudicial collection costs are due by the Exhibitor.

6. Notwithstanding possible payment specification to the contrary, Exhibition Fees can be first allocated to possible other claims the Organizer might have against the Exhibitor.

7. Payments due by the Exhibitor shall not be withheld or be effected by setting off.

8. Failing written protest by the Exhibitor to NLGD within 8 days after the invoice date, any right to object to an invoice has expired. Such objection does not allow the Exhibitor to withhold its payment obligations or any other obligation towards the Organizer.

Clause 14:    Cancellation


1. The Exhibitor can cancel the Agreement through a written notice to NLGD. Next to a partial Exhibition Fee the Exhibitor also owes any other costs made by NLGD, without having the right to compensation for any damages.

2. In case of cancellation less than 10 weeks prior to the start of the Event, 25% of the Exhibition Fees are payable by the Exhibitor.

3. In case of cancellation less than 10 weeks prior to the start of the Event, the full amount of Exhibition Fees are payable.

4. In case the Exhibitor does not use the stand during the Event without cancellation, he will still be indebted for all costs. The Organizer then is entitled to assign the stand to another Exhibitor or put up a sign with a noticification of absence.

Clause 15:    Assigning stands

1. The Exhibitor’s stand at the Exhibition Site, its size and location, will be determined by the Organizer, as much as possible taking the Exhibitor’s preferences into consideration.

2. In case the Exhibitor participated in an earlier edition of the same Event and if he applied within two months after opening of the registration, he will get as much priority as possible by assigning the stands.

3. The organizer can always change the floorplan of the Event and the position of the stands, without entitling the Exhibitor to compensation for any damages.

Clause 16:    Set up and tear down


1. The ‘exhibitor manual’ will be at the Exhibitor’s disposal no later than one month prior to the start of the Event. This manual contains all regulations, dates and times relating to set up and tear down, as well as all possibilities for ordering extra services.

2. Outside the periods mentioned in the exhibitor manual it is not allowed to undertake any set up or tear down activities or to bring in any goods into the Exhibit Site.

3. All constructions, goods, exhibit materials etcetera that have not been removed at the time stated in the exhibitor manual on the tear down date will be removed by the Organizer at the risk and the expense of the Exhibitor.

4. Goods and materials removed in this respect cannot be claimed by the Exhibitor. By leaving the Exhibit Site at the time and date stated in the exhibitor manual, the Exhibitor waives any right to these goods.

Clause 17:    Furnishing of the booth/floor-space

1. The Organizer can remove or alter installations that might damage or hinder the general furnishing of the Event, the neighboring Exhibitors or the public.

2. Decorations, sound and/or any other expressions that could damage the interests of third parties, or could cause damage or disturb the general view are prohibited and can be removed at all times at the risk and the expense of the Exhibitor. The Organizer can make such a decision without the Exhibitor’s consent.

3. The Exhibitor shall not install any materials and/or constructions that are explosive or inflammable or that can hinder the visitors. It is explicitly prohibited to use or to store gas containers or inflammable material that has not been made fire resistant at the Exhibit Site. The Exhibitor shall take all necessary precautions to avoid any fire risk and will in this respect act according to guidelines issued by the Organizer.

4. The displayed products and appliances need to be equipped and placed in accordance to statutory and other safety regulations.

5. During demonstrations, the Exhibitor shall take all necessary precautions regarding the safety of employees, visitors and maintenance of the Exhibit Site. The Exhibitor is solely responsible for every accident that could occur as a result of demonstration or due to the material displayed or used.

6. Notwithstanding the services rendered by the Organizer relating to renting out the stand, the Exhibitor is responsible for maintenance of the assigned stand.

Clause 18:    Prohibition to transfer of rights

It is prohibited for the Exhibitor to transfer its rights against NLGD to a third party. Subletting is explicitely prohibited.

Clause 19:    Guarantees

1. The Exhibitor guarantees that its activities relating to the Event, among which the goods and services presented or recommended by the Exhibitor at the Event, and any publicity arranged by the Exhibitor, are not in any way violating any third party rights, such as rights of intellectual property (among which copyrights, brand rights, patent rights, model rights).

2. Furthermore, the Exhibitor guarantees that all information with respect to its activities given to the Organizer in relation to the Event, for instance for publication in the Event guide or on the Events' website, is complete and accurate and not in any way illegal or in violation of third party’s rights.

3. In case the Exhibitor has gained knowledge about a possible infringement of third party’s right by goods or services that it presents or recommends it will immediately inform the Organizer of this fact in writing, including a copy of the written sommation of the third party (if available).

4. The Exhibitor shall timely notify the Organizer of all information regarding its activities and possible (pending) disputes with third parties in this respect whenever such information is reasonably considered interesting to the Organizer. The Exhibitor is obliged to immediately notify the Organizer of any attachment.

5. The Exhibitor indemnifies the Organizer against any third party claims regarding infringement of intellectual property rights or otherwise in relation to the activities of the Exhibitor (and its personnel or auxiliary persons) in relation to the Event, among which the goods and services presented or recommended by the Exhibitor at the Event. The Exhibitor is obliged to fully indemnify the Organizer for all costs and damages suffered by the latter, among which all costs of legal assistance, related to a (alleged) infringement on third party rights by the Exhibitor.

Clause 20:    Liability of the Exhibitor

1. The Exhibitor is liable for any damage caused by the Exhibitor, its employees, auxiliary persons and holders of entrance badges provided by the Exhibitor. The Exhibitor should be insured against these liabilities and he indemnifies the Organizer for any possible claims made by third parties against the Organizer in this respect.

2. Defaulting payment of any insurance premiums and possible costs in this respect gives the Organizer the right to deny the Exhibitor entry to the Event.

Clause 21:    Liability of the Organizer

1. The Organizer is not liable for any actions or neglect of third parties through which the Exhibitor is disturbed in the use of his stand, nor is the Organizer liable for any other possible damage.

2. This exclusion of liability also holds in case the damage results from actions or neglect by a third party the Organizer is held accountable for.

3. Goods, including packing, are stored at the Exhibit Site or the accompanying areas at the risk of the Exhibitor.

4. Except in cases of intent or gross recklessness, the Organizer is not liable for any damage, resulting from damaging or loss of goods or persons, nor for damages resulting from malfunctioning of technical installations at the Exhibit Site or any other possible defects of this Exhibit Site or accompanying areas. The Organizer is never liable for consequential damage.

5. In case the Organizer cannot (fully) invoke these exclusions of liability, its liability is limited to the amount of Exhibition Fees that has been paid on time by the Exhibitor.

Clause 22:    Force Majeure

1. In case of force majeure, NLGD has the right to change the dates, times and Exhibit Site or to cancel the Event, without entitling the Exhibitor to compensation for any damages.

2. Among other things, force majeure includes: insufficient amount of Participants or Exhibitors, fire or national disaster, which NLGD considers a possible jeopardy to the success of the Event.

3. Such measures do not provide the Exhibitor additional rights to clause 14 with respect to cancellation.

4. In case the Event is cancelled, all registrations are cancelled and the Exhibition Fees will be reimbursed after deduction of the costs already incurred by organizing the Event, with a maximum of 15% of the total amount of Exhibition Fees. In any event, the Exhibitor is obliged to pay all further costs incurred at his request.

5. In the event of force majeure, the Organizer has the right to postpone the execution of the Agreement of Exhibition for the time the force majeure is in force, or to cancel the Agreement fully or partially, without entitling the Exhibitor to compensation for any damage.

6. In case the Event is cancelled, postponed or shortened due to force majeure, the Organizer is not liable and no restitution of the amounts paid by the Exhibitor will be due. This is the Exhibitor’s company risk. NLGD can voluntarily, based on the paid amounts and the amount that remains after deduction of all costs, make a restitution.

Clause 23:    Cancellation other than force majeure

In case the Organizer decides to cancel the Event for a reason other than force majeure, the Exhibitor only is entitled to reimbursement of any already paid amounts, not to any compensation for damage.

Clause 24:    Prohibition Orders

Failing written consent of the Organizer, the Exhibitor is not allowed to:

1. Conduct or to have someone else conduct surveys under the visitors of the Event on the Exhibit Site or the accompanying premises.

2. Conduct activities that the Organizer considers a possible threat to the Event as a joint gathering, even if these activities are not directed against one or more (groups of) Participants or Exhibitors, unless these activities can be considered common use in mutual competition relations.

Clause 25:    Maintaining the Order

1. The Organizer can cancel the Agreement of Exhibition with immediate effect in case the Exhibitor violates the NLGD Conditions or any other statutory or contractual clause containing obligations of the Exhibitor towards the Organizer.

2. In case the Exhibitor refuses to leave the stand voluntarily, the Organizer can proceed to a forced expel at the expense of the Exhibitor, without entitling the Exhibitor to any reimbursement.

3. All damages to be suffered by the Organizer due to the facts that have led to the expel can be claimed by the Organizer from the expelled Exhibitor.

version 2.0, september 1st, 2011