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The Booking constitutes an offer by the Client to purchase the Service in accordance with these Conditions. The Client shall ensure that the terms and specifications in the Booking are complete and accurate.
For the avoidance of doubt, the Client’s standard terms and conditions (if any) attached to, enclosed with, or referred to in the Booking shall not govern the Contract and these Conditions shall prevail over any other conditions previously published by Enjoe in respect of the Service and these Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
The Contract shall come into effect upon receipt by Enjoe of a signed contract from the Client or on the first date on which Enjoe provides the Service, whichever is the earlier (the Commencement Date). Notwithstanding the foregoing, Enjoe reserves the right to refuse to supply the Service until such time as it has received a signed contract from the Client.
Enjoe shall use reasonable endeavors to supply the Service from the Commencement Date.
The Service shall be directed by the event manager or such other suitably qualified person appointed by Enjoe.
Enjoe reserves the right to make changes to the Service which is necessary to comply with any applicable laws or safety requirements. Enjoe will notify the Client of any changes to the Service.
Enjoe will provide administrative assistance with the management of the Event budget and shall provide the client with profit and loss reports. However, notwithstanding the foregoing, the Client will be solely responsible for the overall management of the budget associated with the Event and shall be solely responsible for any loss incurred.
If Enjoe is required to provide a Website under this Contract, the Website will remain live for a period of six months after the date of the Event. The Client will be solely responsible for the content of the Website and the Abstract uploaded by the Client and/or Delegates (the “Abstract”) and any postings on or use of the Website by the Client and or any third parties and/or Delegates, and shall indemnify the University in respect of any loss or claims resulting from the content of the Website and/or the Abstract.
The Client shall confirm the Minimum Guaranteed Number at the Commencement Date. If the number of Delegates is less than the Minimum Guaranteed Number then a cancellation charge will apply. If the final number of Delegates increases over those previously communicated to the event manager, the Client will be charged accordingly.
The Minimum Guaranteed Number may be adjusted by the Client provided that such adjustment is communicated to and accepted by Enjoe in writing. However, any reduction in numbers will remain subject to Enjoe’s cancellation policies. Any increase in Delegate numbers may result in an increase in the Price.
The Price is a service and management charge and expressly excludes any postage charges and any other ancillary expenses reasonably and properly incurred by Enjoe first in connection with the Service.
Enjoe shall obtain the Client’s written approval before incurring any expenses, material or services exceeding an amount specified by the Client and included in the Booking Contract.
If Enjoe requires sub-contracting the provision of any part of the Service, it shall issue a written confirmation to the Client for the Client’s approval and Enjoe shall have the right, acting as an agent of the Client, to bind the Client contractually to all approved sub-contractors.
As Enjoe is acting as an agent in relation to the provision of the Service, it will not be liable to any third party suppliers for payment.
Any expenses incurred under clause 1 or 2 shall be invoiced by Enjoe.
Notwithstanding the terms of clause 5, Enjoe can make payments to third party suppliers and/or sub-contractors on behalf of the Client. Enjoe can, at its sole discretion, set off the Revenue against any payments made by it to third parties. In the event that the Revenue actually received by Enjoe does not exceed the sums paid by it to third parties, Enjoe shall invoice the client for any sums not covered in accordance with clause 5.
If for any reason, the Event is cancelled or postponed, the Client shall be liable for all payments made or due to third parties under the terms of this Contract and shall Indemnify Enjoe in relation to the same, provided that Enjoe uses reasonable endeavors to mitigate any such costs.
Enjoe reserves the right to cancel the Service (or any part thereof) if:
The Booking will be considered ‘cancelled’ by Enjoe when a Client, by written notification to the event manager, cancels or postpones the entire Booking.
In the event of termination of the Contract for any reason, Enjoe shall have the right to impose a cancellation charge which shall be calculated as detailed in clause 3 below.
In the event of cancellation, Enjoe shall have the right to impose a cancellation charge which shall be calculated as detailed below:
On termination of this Contract for any reason, the Client shall immediately pay to Enjoe all of Enjoe cancellation charges as provided for in clause 27, less any amounts already paid.
A non-refundable deposit of 20% of the Price is payable upon the Commencement Date.
Further deposits may be required depending on the number of Delegates and/or the value of any additional services the Client requests Enjoe to book and/or contract on their behalf.
Enjoe will be on work only after signing into the terms and conditions.
Information and data belonging to the Client and used by Enjoe for delegate registration purposes will remain the sole property of the Client. Except with the express written permission of the Client or if required by law or regulation, Enjoe will not disclose or use this information for any purpose other than those associated with the Service.
Enjoe undertakes to maintain database management procedures in compliance with the Data Protection Act 1998.
The Client warrants that it has notified with the Information Commissioner as a data controller if it is legally required to do so and shall ensure that it.
As between the Client and Enjoe ,all intellectual property rights and all other rights in and/or resulting from the provision of the Service shall be owned by Enjoe .Enjoe licenses all such rights to the Client on a non-exclusive, worldwide basis to such extent as is necessary to enable the Client to make reasonable use of the Service. If this Contract is terminated, this license will automatically terminate.
Any intellectual property rights developed prior to or out with the scope of this Contract shall remain the property of the party that introduced the same and they will grant to the other party, a non-exclusive, royalty free license to use the same for the purpose of fulfilling their obligations under the Contract.
If the Client provides any logos, trademarks, copyright or any materials (“Client IP”) to Enjoe for the Website the Abstract or for the purpose of delivering the Service, Enjoe shall have a license to use the intellectual property rights in any such Client IP for the purpose of delivering the Service only.
The Client warrants that it has sufficient rights in the Client IP to license it to Enjoe over this Contract and will indemnity Enjoe against any and all loss incurred as a result of the use of such Client IP.