Online Sales Terms and Conditions
By purchasing eRegistration and / or eAbstract, the following terms and conditions are agreed between Paardekooper and Associates (Paardekooper and Associates) and The Purchaser (The Purchaser) of eRegistration and / or eAbstract services for an Event (The Event).
1. eRegistration Payments and Processing
1.1 eRegistration is designed primarily for credit card payment (just like buying an airline ticket on the internet).
1.2 Payments for the system are collected through DPS secured gateway and are received on your behalf into Paardekooper and Associates trust account. It is our practice under normal arrangements to transfer payments to your account in one lump sum once all payments for the conference have been received and any refunds and credits have been processed. Under normal conditions, this can happen within 14 days of the close of registration.
1.3 Paardekooper and Associates registration management fees are deducted from the final payment.
1.4 If The Purchaser and Paardekooper and Associates agree to pay the registration fees to The Purchaser before the end of The Event as per an agreed schedule, The Purchaser agrees to hold fees paid by credit card in a separate bank account clearly named as a trust account. The Purchaser undertakes to hold those fees on trust for Paardekooper and Associates until the end of The Event to the extent that the latter is required to reimburse before then and for any reason any attendee personally or the operator of the payment gateway or any other financial services provider on behalf of any attendee.
1.5 The Purchaser agrees to pay any fees or amounts that arise as a result of fraudulent purchase of conference registration. This clause may apply following completion of the Services and settlement of payments and fees as set out in Clauses 1.3 and 1.4.
2. Confidential Information
2.1 Each of the parties undertakes not to disclose to any third party, other than to its professional advisers or as required by law or as agreed between the parties, any financial information relating to the terms of this agreement or any information relating to the business or affairs of the other.
3. Intellectual Property
3.1 Each party will remain the owner of all intellectual property owned by it as at the date of this agreement.
3.2 If any work is to be undertaken based on The Purchaser’s designs, The Purchaser warrants that the undertaking of the work by Paardekooper and Associates will not infringe any third party's intellectual property rights and The Purchaser will indemnify Paardekooper and Associates against any loss, liability, costs and expenses in the event of any claim being made that the work infringes any patent, copyright or other rights of any other person.
3.3 Paardekooper and Associates will retain exclusive worldwide ownership at all times of its artistic styles, methods of working, techniques, ideas, skills and know-how.
3.4 The Purchaser must not attribute Paardekooper and Associates materials or remove any of their trademarks, signatures, logos or similar from Paardekooper and Associates materials. 3.5 This clause will continue in force as between the parties notwithstanding the termination of this agreement or the completion of The Event.
5. Force Majeure
5.1 Force Majeure means events beyond the reasonable control of any party (including, without limitation, acts of God, national emergency, riots, civil commotion, terrorist activities, act of Government and industrial action).
5.2 If either of the parties is prevented or delayed by Force Majeure from the performance of any of its obligations under this agreement (the Defaulting Party), and gives written notice of that to the other party (the Non-defaulting Party) specifying the matters constituting Force Majeure and the period for which such prevention or delay will continue, the Defaulting Party will be excused the performance or the punctual performance (as the case may be) as from the date of such notice for so long as the Force Majeure continues.
5.3 The parties will co-operate and the Defaulting Party will use its utmost endeavours to make alternative arrangements to enable the obligations to be performed. If alternative arrangements are not made or if they are not made to the reasonable satisfaction of the Non-defaulting Party, the Non-defaulting Party may make alternative arrangements to enable the obligations to be performed.
6. Event Cancellation
6.1 In the event that The Event is cancelled:
6.1.1 The Purchaser will advise Paardekooper and Associates immediately and Paardekooper and Associates will remove public access to the online registration system;
6.1.2 Unless otherwise agreed, The Purchaser is responsible for managing cancellation of The Event with registrants. If The Purchaser wishes Paardekooper and Associates to undertake any additional services in relation to cancelling The Event, this will quoted and agreed between the parties.
6.2 If The Event is cancelled due to The Purchaser entering into a situation of redundancy, liquidation or insolvency, The Purchaser agrees that registration fees held by Paardekooper and Associates for The Event can be applied any liabilities Paardekooper and Associates may incur as a result of cancellation of The Event.
7.1 Neither of the parties may assign nor otherwise transfer this agreement or any of its rights or obligations under this agreement without the prior written consent of the other.
7.2 Nothing in this agreement constitutes the parties as partners, joint venturers or as agents for each other. No party has any authority to bind the other or act on its behalf except to the extent expressly provided for in this agreement.
7.3 Any failure or neglect by either of the parties to enforce any of the provisions of this agreement will not be deemed a waiver of that party's rights nor in any way affect the validity of the whole or any part of this agreement nor prejudice that party's rights to take subsequent action.
7.4 This agreement, or any provision of it, may be amended or modified only with the mutual consent of the parties as set out in writing, signed by their authorised representatives, and expressly stating the parties' intent to amend this agreement.
7.5 The Purchaser indemnifies Paardekooper and Associates against any loss, damages or expenses incurred or suffered by Paardekooper and Associates (excluding consequential loss such as loss of profit, loss of anticipated savings and other economic loss) as a direct result of an act or omission on the part of The Purchaser in relation to this agreement, except in so far as any such claims arise from any breach of this agreement by Paardekooper and Associates.
7.6 Each party acknowledges that, in entering into this agreement, it does not do so on the basis of, and does not rely on, any representation, warranty or other provision except as expressly provided in this agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.7 If any provision of this agreement is held by any court or other competent authority to be void or unenforceable in whole or in part, this agreement will continue to be valid as to its other provisions and the remainder of the affected provision. 6.8 The Personal Property Securities Act 1999 ("PPSA") applies as follows: a. Paardekooper and Associates retains title to goods it supplies under this agreement, until they have been paid for in full. b. This clause creates a security interest in goods Paardekooper and Associates supply to the Governing Body. c. The Governing Body will not grant any other security interest or any lien over goods in which Paardekooper and Associates has a security interest. d. At the request of Paardekooper and Associates The Purchaser will promptly sign any documents and do anything else required to ensure the security interest constitutes a first ranking perfected security interest in the goods.
UPDATED 25 May 2018