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General terms and conditions

General terms and conditions

Please find below our General Terms and Conditions. They apply when you participate in our programs and events and provide important information for you as a participant.

General terms and conditions

Article 1: Definitions
1. “Client”: the party that has given an assignment to Incubase to organize one or more Events and/or for the coordination of an Event.
2. “Event”: a meeting or conference organized/coordinated by Incubase in cooperation with Clients or on its own initiative.
3. “Event visitor”: a visitor to an Event.
4. “Exhibitor”: a party that has entered into an agreement with Incubase for placing or using a stand during an Event.
5. “Incubase”: Foundation Incubase, organizer and coordinator of Events.
6. “Participant”: each Partner/sponsor, Exhibitor, Client and Event visitor.
7. “Partner/sponsor”: a partner/sponsor that has entered into an agreement with Incubase for additional predetermined services to the Event.

Article 2: General
1. Unless emphatically expressed otherwise in writing, these general terms and conditions apply to all agreements, offers and propositions of Incubase with regard to participation in and organization/coordination of Events.
2. The applicability of any purchasing terms and conditions or other general terms and conditions of Participant is explicitly excluded.
3. Should one or more provisions of these general terms and conditions wholly or partially become invalid or void, the remaining provisions of these general terms and conditions shall remain fully applicable. Incubase and Participant will enter into negotiations to agree on new provisions to replace the invalid or void provisions, which comply, as much as possible with the purpose and intent of the original provisions.

Article 3: Payment Event visitor
1. Payment must be made within fourteen (14) days after the invoice date, in the currency specified by Incubase.
2. Any overdue, unpaid invoice or any overdue outstanding balance will automatically and by operation of law, increase with an interest rate of five percent (5%) per month on the already  overdue outstanding amount without judicial intervention or notice of default.
3. All judicial and extrajudicial costs, costs for lawyers, bailiffs and debt collection agencies included, shall be borne by the Event visitor.
4. If the Event visitor believes that the billing(s) by Incubase are incorrect, Event visitor is obliged to specify its objections by written notice within eight (8) days upon the date of invoice.

Article 4: Payment Exhibitor, Partner/sponsor or Client
1. Payment must be made within fourteen (14) days upon the invoice date, in the currency specified by Incubase. Incubase is authorized to invoice monthly.
2. Any overdue, unpaid invoice or any overdue outstanding balance will automatically increase with an interest rate of five percent (5%) per month on the already overdue outstanding amount, without judicial intervention or notice of default. All judicial and extrajudicial collection costs, costs for lawyers, bailiffs and debt collection agencies included, shall be borne by the Exhibitor, Partner/sponsor or Client.
3. If the Exhibitor, Partner/sponsor or Client believes that the billings by Incubase are incorrect, he is obliged to specify his objections within eight (8) days upon the invoice date in writing.

Article 5: Cancellation Event visitor
Event visitor can make a cancellation in writing, up to four (4) weeks prior to the Event and free of charge. Thereafter Event visitor is required to pay the full amount due.

Article 6: Cancellation by Exhibitor or Partner/sponsor or Client
1. Cancellation by the Exhibitor, Partner/sponsor or Client must be in writing. In this case, the Exhibitor, Partner/sponsor or Client will owe the following cancellation fee to Incubase.
2. In case of cancellation by the Exhibitor longer than sixteen (16) weeks prior to the Event, the Exhibitor’s cancellation fee will be twenty-five percent (25%) of Exhibitor’s total financial contribution to the Event.
3. In case of cancellation by the Exhibitor within sixteen (16) weeks prior to the Event, the Exhibitor’s cancellation fee will be fifty percent (50%) of Exhibitor’s total financial contribution to the Event.
4. In case of cancellation by Partner/sponsor or Client longer than sixteen (16) weeks prior to the Event, Partner’s/sponsor’s or Client’s cancellation fee will be fifty percent (50%) of their total financial contribution to the Event.
5. In case of cancellation by Partner/sponsor or Client within sixteen (16) weeks to twelve (12) weeks prior to the Event, Partner’s/sponsor’s or Client’s cancellation fee will be seventy-five percent (75%) of Partner’s/sponsor’s or Client’s total financial contribution to the Event.
6. In case of cancellation by Partner/sponsor or Client within twelve (12) weeks prior to the Event, their cancellation fee will be hundred percent (100%) of their total financial contribution to the Event.

Article 7: Liability Event visitor
1. Participation in an Event, in whatever form, is always at Event visitor’s own risk. Incubase is not liable for personal injury sustained during and Event, except in the cases of a wilful act or gross negligence by Incubase.
2. Incubase is also not liable in case of loss, theft or damage of items of value, estate, jewellery, art objects, valuable documents or other items of value. The safekeeping of the aforementioned items of value is carried out exclusively at the risk of Event visitor.
3. Event visitor is obliged to compensate the damages caused to Incubase by itself or a third party for which Event visitor is responsible during an Event.

Article 8: Liability Exhibitor
1. Participation in an Event, in whatever form, is always at Exhibitor’s own risk. Incubase is not liable for personal injury sustained during and  Event, except in the cases of a wilful act or gross negligence by Incubase.
2. Incubase is also not liable in case of loss, theft or damage of items of value, estate,  jewellery, art objects, valuable documents or other items of value. The safekeeping of the  aforementioned items of value is carried out exclusively at the risk of the Exhibitor, his staff and third parties engaged by Exhibitor.
3. The Exhibitor is obliged to compensate the damages caused by Exhibitor, Exhibitor’s staff and/or third parties engaged by Exhibitor to Incubase.

Article 9: Liability Partner/sponsor or Client
1. Participation in an Event, in whatever form, is always at Partner’s/sponsor’s or Client’s own risk. Incubase is not liable for personal injury sustained during an Event, except in the cases of a wilful act or gross negligence by Incubase.
2. Incubase is also not liable in case of loss, theft or damage of items of value, estate, jewellery, art objects, valuable documents or other items of value. The safekeeping of aforementioned items of value is carried out exclusively at the risk of the Partner/sponsor or Client, their staff and third parties engaged by the Partner/sponsor or Client.
3. The Partner/sponsor or Client is obliged to compensate the damages caused by their staff and/or Partner/sponsor, Client or third parties engaged by Partner/sponsor or Client to Incubase.

Article 10: Complaints
Complaints relating to the organization of the Even should be reported as soon as possible by written notice or e-mail message, but ultimately within three (3) days after the Event. Complaints after the period referred to in the previous sentence will not be considered.

Article 11: Force Majeure
If Incubase’s performance under these General Terms and Conditions is delayed or prevented by circumstances beyond its reasonable control, Incubase will not be in breach of such conditions because of that delay in performance. However, if the delay in performance is more than three (3) months, any Participant may terminate its agreement with Incubase with immediate effect by giving written notice.

Article 12: Changes or cancellation of an Event
1. Incubase reserves the right to cancel an Event, change the location or the date of an Event by written notice at least one (1) month in advance of the Event, without being obliged to pay any compensation to any Event.
2. When Incubase decides to change a fixed Event location or date, or the Event has to be cancelled, pursuant to the provisions of section 1 of this article, a Participant in no circumstances can claim compensation from Incubase.
3. The Event visitor is entitled to cancel its visit free of charge, in writing to Incubase within five (5) working days after Incubase has informed the Event visitor that the date of the Event has been changed.
4. In case of cancellation of an Event by Incubase or the provisions mentioned in section 3 of this article Incubase will refund the amount already paid.

Article 13: Intellectual Property, Data protection and Footage
1. Participant is not authorized to duplicate (parts of) the program booklet, posters, flyers and or (promotional) material produced by, or on behalf, of Incubase.
2. Incubase collects, processes, and uses data of Participants, in accordance with data protection laws and its privacy statement. Photos and/or film footage will be taken at the Event and will be used for promotional use which shall include, but is not limited to, publications on social media, the Incubase website, Incubase newsletters and invitations for other Events. By accepting these general terms and conditions and attending an Event, a Participant gives permission to Incubase for publication of photos made and film footage, in which Participant is visible.
3. A Participant who appears in the material is not entitled to claim any fees; nor can a Participant demand to be mentioned by name if the material is published. If Participant no longer consents to publication in the future, such Participant may withdraw its consent from Incubase in writing at any time.

Article 14: Governing Law and Competent Court
1. These terms shall be construed and interpreted in accordance with the laws of the Netherlands.
2. The courts of Overijssel, The Netherlands, shall have exclusive jurisdiction over a dispute arising out of or in connection with these terms, as well as over any claims to demand performance under these terms.

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