SPONSORS & EXHIBITORS - TERMS & CONDITIONS

§ 1 Area of Application

The present General Business Terms and Conditions of SQS Software Quality Systems AG, Stollwerckstraße 11, 51149 Cologne (referred to in the following as ”SQS”) will apply to all services provided by SQS at conferences and other events of SQS (referred to in the following as “conferences”) for exhibitors at such conferences.  

§ 2 Registration and Formation of Contract

1. Offers submitted by SQS for participation as exhibitor at conferences will be subject to change and are not binding. 

2. It will only be possible to register in binding manner for a conference as exhibitor by Internet, in written form, by telefax or by e-mail. The SQS registration form will be used, carefully completed and signed so as to be legally binding. The exhibitor will be bound to registration for 14 days. 

3. Acceptance of the exhibitor’s registration will only be binding if it has been confirmed in written form by SQS. Confirmation may also be by telefax or e-mail. 

4. SQS will decide whether to accept exhibitors’ registrations. There is no right to participate at a conference.  

5. SQS will use the exhibition area based on a tenancy agreement contracted with the owner of the event premises.  Supplementary terms of the lessor will form the basis for the exhibitor’s contract and may be viewed upon request at SQS. 

§ 3 Scope of Service/Exhibition Area

1. The body of the services provided by SQS depends on the service description applicable to the conference as provided by SQS (service package). SQS points out that in the case of registrations made after the deadline for the print of the programme, details may differ from those given in the service package. When registering, the exhibitor will enquire about the current status of the description of services. The valid service description may be obtained at any time from SQS. In the event such changes have been made, the exhibitor will not be entitled to reduce the fees to be paid for the exhibition. 

2. Unless otherwise offered, service components dependent on consumption will be billed as actually used or alternatively, as estimated (ancillary costs).  

3. The set-up of the exhibition area for the conference will be carried out exclusively by SQS. Among other factors, the availability of space and safety aspects will be of relevance. 

4. SQS will make every effort to take account of the exhibitor’s wishes for a certain stand space, yet the exhibitor will only be entitled to the stand size booked, not the actual location of the stand. At any time before the conference begins, SQS will be entitled to switch the stand location and after the conference has begun will be entitled to do so for good cause or providing the justified interests of the exhibitor are not affected hereby. The exhibitor will derive no rights from such changes. 

5. If the exhibitor is allocated a concrete location, the exhibitor undertakes to procure information about constructional factors (pillars, fire prevention facilities) in good time from the event organizer. 

6. Protection from competition will not be guaranteed. 

7. The exhibitor will not be permitted to allow a third party to use the stand space in whole or in part without the written consent of SQS.

§ 4 Terms of Payment, Right of Lien

1. SQS will be able to require payment of 50% of the exhibition fee in advance, due for payment without deduction at the latest 14 days after the date of the invoice. The remaining 50% of the exhibition fee will be paid by 6 weeks at the latest before the beginning of the conference. If the invoice is only issued within a period of 6 weeks before the beginning of the conference, the full amount billed will be due for payment 3 days after the date of the invoice. Ancillary costs or additional services booked (e.g. stand facilities, Internet access etc.) will be billed immediately at the end of the conference. The amount billed will become due for payment 3 days after the date of the invoice.  All payments will be made to the account of SQS specified on the bill with details of the invoice number. The punctuality of payment will be assessed by the actual receipt of the amount onto the account of SQS. 

2. Objections to invoices may only be considered if they are lodged with SQS in written form inside 14 days after billing with details of the reasons for the objection. 

3. In the event of default of payment, penalty interest will be charged as stipulated by law, at the least, however, 6% p.a.  Upon default of payment, the first payment reminder will be free of charge. For each further dunning letter an extra 5.00 € will be billed as dunning and handling fee.  

4. For all claims derived from the contract, SQS will be entitled to a right of lien to the items brought onto and into the exhibition stand by the exhibitor. 

§ 5 Cancellation by the Exhibitor

1. It will be ruled out that the exhibitor serves ordinary notice (cancellation) on its attendance at the conference after the binding acceptance of its registration has been received. The right to serve notice for good cause will remain unaffected hereby. 

2. The exhibition fee will also be paid in full if the exhibitor cancels its attendance at the conference or, without cancellation, fails to take part at the conference and specifically fails to occupy the booked stand space on the day of assembly (Section 7 paragraph 5). In such cases, if SQS manages to secure another letting of the stand space, it will be entitled to claim a flat sum of 25% of the exhibition fee for compensation and expenses. Such other letting will only be deemed given if other exhibitors would have had to be refused participation without the exhibitor’s cancellation or its failure to attend. SQS will retain the right to assert further claims. The exhibitor will retain the right to furnish evidence that SQS did not incur damages to the amount of the flat sum for compensation and expenses or not to the amount claimed.    

§ 6 Cancellation by SQS

1. SQS will be entitled to serve extraordinary notice on the contract if the exhibitor defaults in payment of the exhibition fee and/or the advance payment and the payment is still not made after the lapse of a 5-day period of grace. The rulings in Section 5 paragraph 2 governing the flat sum for compensation and expense will be applied accordingly. The right to serve notice on the contract for other reasons will remain unaffected hereby

2. SQS will be entitled to serve notice on the contract up to 30 days before the beginning of the contract if it is not in its interest to hold the conference owing to a foreseeable low number of participants. A foreseeable low number of participants is deemed given if it falls short of the minimum number of exhibitors and/or visitors set by SQS for the respective conference that will be notified to the exhibitor upon request.  Payments already made at this time will be returned to the exhibitor.  Any further claims of the exhibitor against SQS will be ruled out.    

§ 7 Stand Assembly

1. The exhibitor is responsible for the assembly and layout of its stand space including superstructures. The exhibitor will guarantee compliance with the requirements of the law or of the authorities. The exhibitor will inform itself about the constructional features of its stand space and the surroundings (pillars, fire prevention facilities). The same will apply for any binding specifications of the lessor of the overall area that relate directly or indirectly to the assembly and layout of the exhibitor’s stand space; these specifications may be viewed at SQS.    

2. The design and the layout of the stand will be such that no neighbouring exhibitor or visitor is impeded or endangered by exhibits, advertising spaces or display items. 

3. The specified stand boundaries will not be exceeded. Any violation of the specified height (as a rule 2.50 m) will only be possible subject to the explicit consent of SQS. The width of the sidewalls may be no more than 1 m. 

4. In the event the afore-mentioned layout specifications are breached, SQS will be entitled to call for the necessary changes and where necessary to remove the stand. Failing compliance with the request of SQS, SQS will be entitled to instigate the change or the removal of the stand at the expense of the exhibitor. In the event the stand is to be closed the exhibitor will bear the exhibition fee and the costs incurred in full. 

5. SQS will inform the exhibitor in good time of the date of assembly and the hours for assembly.  On the day of assembly, all construction work must be completed by 18h at the latest to ensure proper technical inspection and acceptance as well as pre-exhibition cleaning.  Stand spaces still not occupied at the end of the assembly day may be occupied otherwise by SQS with due regard for the overall impression (e.g. by another exhibitor or decoration). 

§ 8 Rented Items

1. Depending on the details of the offer made by SQS, exhibitors may order additional equipment (e.g. furnishing and decoration) from SQS. The order will be written and placed using the appropriate order forms. Rental prices and order forms may be requested from SQS.  The rulings in Section 2 paragraphs 2 and 3 will apply appropriately to the order and the acceptance thereof.  

2. The ordered items of equipment will be provided on the evening before the beginning of the conference SQS retains the right to supply the exhibitor with suitable replacements in the event it is prevented from delivery through no fault of its own.   

3. The exhibitor is entitled to only use the items of equipment for the conference. Any changes to the items or the surrender thereof to others will not be permitted. The items will be treated with care, appropriately secured during the period of use and returned in flawless condition. 

4. The items will be deemed flawless when handed over to the exhibitor unless the exhibitor gives immediate notification of any defect. If a rented item is defective when handed over to the exhibitor, SQS may choose to have the defect eliminated or to exchange the defective item. For the duration of the defect it will be possible to reduce the amount of rental proportionately.   

§ 9 Dismantling the Stand

1. The dismantling of the stand may not take place in part or in whole before the end of the conference. 

2. The stand space will be returned in its original state. In particular, any affixed materials, carpeting adhesive and remains of adhesive will be fully removed without damaging the surface. Otherwise SQS will be entitled to have this work carried out at the expense of the exhibitor. Further claims to compensation will not be affected hereby. The exhibitor will also be liable for damages to the floor, walls and materials either rented or loaned.    

3. Compliance with the hours for dismantling notified by SQS (as a rule 4 hours) is absolutely essential. After the lapse of dismantling time, SQS will be entitled to dismantle, transport and store the stand as well as the exhibits at the expense of the exhibitor or to have all this carried out on its behalf. Liability of SQS for the loss or damage of these items will only be given in the event of wilful intent and gross negligence.     

§ 10 Permits of the Authorities, Provisions of the Law, Technical Guidelines

The exhibitor will procure any necessary permits required for the assembly and for running the stand itself at its own expense and comply with the respective provisions of the law and/or the instructions of the authorities for the assembly and running of its stand. Any levies for running technical devices in the stand space  (e.g. GEMA fees) will be paid by the exhibitor itself. It will also comply with the Technical Guidelines of the event location and the specific safety regulations. 

§ 11 Advertising

1. Any form of advertising will only be permitted inside the stand rented by the exhibitor for the exhibitor’s own company and for the exhibited products it produces or sells. 

2. Loudspeaker advertising, films and shows will be subject to written agreement with SQS. The same will apply for the use of other equipment and facilities that aim to achieve a greater advertising impact by optical and acoustic means. 

3. Any form of political advertising is on principle not permitted. 

§ 12 Electricity Supply

The stand area will be let with the number of electrical connections as detailed in the binding registration. These will be fitted exclusively by a company appointed by SQS. With the registration, the exhibitor acknowledges the extra terms and conditions of this company for electrical connections.

§ 13 Cleaning

1. SQS will ensure the general cleaning of the grounds and the gangways. The cleaning of the stand space including all superstructures will be the responsibility of the exhibitor.  

2. The exhibitor will be responsible for disposal of the waste it accumulates on its stand and/or the waste it causes. 

§ 14 Image and Sound Takes

SQS is entitled to use photographs, drawings, film and video takes of all that happens at the exhibition as well as of the exhibition superstructures and stands and the exhibits and to use these for advertising purposes or press publication. The exhibitor herewith gives its consent thereto - where necessary. The same will apply to shootings held by the press and/or television with the consent of SQS. 

§ 15 Stand Personnel

1. The exhibition fee includes a limited number of exhibitor passes for stand personnel. These passes entitle people to admission for the duration of the conference.  They are not transferable. Where more passes are required for stand personnel, these may be obtained from SQS at a fee. The information material for the exhibitor gives further details.  

2. The exhibitor will ensure that the stand personnel is provided with all the information from SQS and that it agrees with image  and sound takes as described in Section 14. 

3. Instructions given by SQS will be followed. In cases of gross breaches of the law or of official rulings, the present terms and conditions of business of SQS or in the case of inappropriate behaviour towards other exhibitors or visitors by the stand personnel, SQS will be entitled to ban them from entering the premises.  

§ 16 Liability and Compensation for Damages, Security

1. SQS will be liable for any injury to life and limb and for damages caused by the violation of a cardinal duty on the part of SQS or its legal representatives or vicarious agents by wilful intent or negligence as defined by law.  Cardinal duties are those, which actually render the proper implementation of the contract possible by means of their fulfilment and on the compliance of which the exhibitor must be able to rely.   

2. For damages not defined in the above paragraph 1, SQS will be liable if these are attributable to a negligent breach of duty by SQS or by wilful intent or gross negligence on the part of the legal representatives or vicarious agents of SQS. Liability, however, will be limited to the typical, foreseeable damages. 

3. SQS will not responsible for the general security of the event premises and stand places. The exhibitor will ensure surveillance of its stand space itself. 

4. SQS recommends the exhibitor take out an exhibition insurance policy. 

§ 17 Statute of Limitations

Claims of the exhibitor against SQS will become statute-barred after 12 months unless otherwise ruled by law. The limitation period will commence at the end of the month in which the final day of the respective conference fell.

§ 18 Other Items

1. Amendments and additions to the present contract including any supplementary arrangement will be subject to the written form to be operative. 

2. The law of the Federal Republic of Germany will apply to the exclusion of the country of residence. 

3. The exclusive place of jurisdiction for all disputes from and in connection with the contract for which the present Terms and Conditions of Business apply will be Cologne.