By purchasing eRegistration and / or eAbstract, the following terms and conditions are agreed between Panda Events (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, pandemic, 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.
- Right to make changes to the agreement.
- User guidelines (rules, restrictions, requirements)
- Copyright and intellectual property.
- Governing law.
- Warranty disclaimer.
- Limitation of liability.
Your Terms and Conditions should start with a brief overview outlining the general terms in which the agreement is entered into. This will often state the terms of the agreement and what notice is required to get out of it. It should note any prerequisites for accepting the agreement such as age.What are some examples of terms and conditions? ›
- Intellectual property rights.
- Termination clauses.
- Governing law clause.
- DMCA notice clause.
- Limitation of liability.
- Enforceability clause.
- Arbitration clause.
- Confidentiality clause.
Yes, you can legally write your own Terms and Conditions. Although many companies rely on lawyers to write Terms and Conditions, you don't need a lawyer to create a legally-enforceable Terms and Conditions.What are the 6 common terms of sale? ›
They explain, in detail, the exact agreement for a sale: cost, amount, delivery, payment method, payment timing, trade credit, credit terms, and more. They are also essential because they allow each party in a transaction to leave satisfied.Can you copy terms and conditions? ›
No, you cannot copy terms and conditions. Copying terms and conditions is illegal, and will ultimately do more harm than good for your business. Copying terms and conditions is a form of copyright infringement, which is a punishable legal offense.How do you write a short terms and conditions? ›
- Write the Introduction. ...
- Draft the Terms of Service. ...
- Create an Acknowledgment Statement. ...
- Limit Your Liability. ...
- List Who Owns Intellectual Property Rights. ...
- Spell Out What Happens for Non-Compliance. ...
- Add a Signature and Dateline for Both Parties.
Here are some things to include: Define the good and services you sell so people know what's included and what's not. Define any other words your customers might read and think “what the….” Payment terms, including payment dates and what will happen if your customers pay you late, like charging interest.Do I need terms and conditions on my website? ›
Websites are not required to post terms and conditions and there are still some websites that do not do so. However, there are mandatory disclosures that apply to particular type of transactions, whether web-based or not.What is an example of a terms? ›
It may be a single number (positive or negative), a single variable ( a letter ), several variables multiplied but never added or subtracted. Some terms contain variables with a number in front of them. The number in front of a term is called a coefficient. Examples of single terms: 3x is a single term.
It's not a legal requirement to publish terms and conditions (also known as T&Cs or Terms of Service) on your website. However, there are legislative frameworks which mean that it is necessary to display specific information.What are the four 4 essentials of an online store? ›
- User Friendly. If your store is easy to navigate, you will have a greater chance of making a sale from the start. ...
- Shopping Cart and Checkout Process. ...
- Mobile Compatibility. ...
- Calls to Action (CTA) ...
- Images and Descriptions. ...
- Customer Support. ...
- Security and Privacy.
What are the elements of ecommerce? The three elements of ecommerce laid out in this article are: customer experience, back-end integration, and digital marketing. These 3 elements combined ensures that your e-commerce business will connect and convert potential customers that are visiting your online store.What policies do I need for my online store? ›
- Laws, regulations and standards.
- Terms of service.
- Shipping policy.
- Returns policy.
The Three A's of Sales:
The sales profession is not the issue itself; it is the attitude, approach, and activity that you have toward the sales process that impacts your understanding and experience of it.
- What is selling? ...
- Transactional selling. ...
- Solution selling. ...
- Consultative selling. ...
- Provocative selling. ...
- Collaborative selling. ...
- Social Selling. ...
- Partnership Selling.
However, original contracts may be subject to copyright just like books, music, and a work of art. Hence, if you copy someone else's contract without his or her permission, you may be violating the copyright law.Can you get in trouble for copying and pasting? ›
The owner of a copyright gets to decide who can legally make copies of that work. It is illegal to copy large sections of someone else's copyrighted work without permission, even if you give the original author credit. Imagine someone making copies of the movie Finding Nemo without asking for permission.Are online terms and conditions legally binding? ›
When the user accepts the terms – i.e. checking a box or clicking a button to indicate acceptance – the Terms and Conditions become a legally binding contract. However, proper presentation and acceptance methods are key to enforceability.What is an example of short term? ›
The near future can mean today, this week, this month, or even this year. A short-term goal is something you want to accomplish soon. A short term goal is a goal you can achieve in 12 months or less.
- Name and contact information for buyer and seller.
- The address of the property being sold.
- The price to be paid for the property.
- The date of transfer.
THIS AGREEMENT OF SALE executed on the…………………. day of………………. 2007 between S son of SF, resident of…………………., hereinafter called vendor of the one part and P son of PF resident of…………………. hereinafter called the purchaser of the other part.How to write Terms and Conditions for small business website? ›
Basic Elements of the Terms and Conditions Document
Ask yourself what types of goods and services you provide, how you interact with customers, what potential legal liabilities may arise and how you will handle them, how you plan to operate your website, and how customers can use your website.
A small business terms and conditions is a document that outlines a contractual relationship entered into when a user accesses a company's website. It includes rules related to payments, warranties, and the dispute process regarding the business's products and services.What are the 3 stages of contract of sale? ›
The stages of a contract of sale are: (1) negotiation, starting from the time the prospective contracting parties indicate interest in the contract to the time the contract is perfected; (2) perfection, which takes place upon the concurrence of the essential elements of the sale; and (3) consummation, which commences ...What is contract of sale with example? ›
For example, Party A agrees to sell wheat crops to Party B. Both parties agree that Party B can cut the crops and take them, once he pays the agreed price. Since wheat crops are considered a good, this is a valid contract of sale. Every kind of movable property is a good except for cash and actionable claims.What is most important in a sales contract? ›
Description of the Services and/or Goods
This is typically the most important aspect of a sales contract because it lists the exact goods or services that the buyer is paying for. For this reason, a description of goods should include key details, like the: Model number.
- Fixed-price contracts.
- Cost-plus contracts.
- Time and materials contracts.
- Grant. Financial assistance for a specific purpose or specific project without expectation of any tangible deliverables other than a final report. ...
- Cooperative Agreement. ...
- Contract. ...
- Memorandum of Understanding. ...
- Non-Disclosure Agreement. ...
- Teaming Agreement. ...
- Material Transfer Agreement. ...
- IDIQ/Master Agreement.
Technically speaking, any arrangement that includes two or more parties and a common intent is an agreement. An example of an agreement between two parties is when one person offers to share the cost of rent, a second person accepts it, and they become flatmates.