Terms and Conditions for Booking Events

Association of Technology Staffing Companies (and its successors), a company incorporated in England and Wales under company number 03796626 and having its registered office at 1 Sycamore Court, Royal Oak Yard, London SE1 3TR (APSCo)

1. Definitions
1.1 Unless the context otherwise requires, references to the singular include the plural, and references to the masculine include the feminine and vice versa.
1.2 The headings in these Terms do not affect its interpretation.  Save where the context otherwise requires, references to conditions, sub-clauses, clauses and schedules are to conditions, sub-clauses, clauses and schedules of this Agreement.
1.3 In these Terms the following definitions shall apply:
“Delegate” means the person, firm or corporate body that books the Event, including any officer, employee, or other representative that attends the Event booked by the Delegate.
“Event” means any course, conference, seminar, social or networking event, or any other type of event marketed by APSCo.
“Marketing” means information about Events provided on APSCo’s website or in any other format.
“Booking Request” means a written request in whatever format received by APSCo to book a place or places on an Event.
“Booking Acceptance” means APSCo’s written confirmation to the Delegate confirming that a place or places has/have been reserved for the Delegate at the Event.
“Payment Processor” means the online secure payment collection service utilised by APSCo and provided by a reputable independent internet payment service provider.  The identity of the company providing such services is available upon request from APSCo.

2. Delegate Warranties
2.1 By booking an Event the Delegate warrants that s/he is:
2.1.1. legally capable of entering into binding contracts; and
2.1.2. is at least 18 years old.

3. The Contract
3.1 These Terms are deemed to be accepted by the Delegate by virtue of APSCo receiving a Booking Request from the Delegate.
3.2 After making a Booking Request the Delegate will normally receive an email from APSCo acknowledging that APSCo has received the Delegate’s Booking Request.  It should be noted that this email should not be taken as confirmation that the booking has been accepted.
3.3 The Delegate’s Booking Request constitutes an offer to APSCo to secure a place at an Event.  All bookings are subject to availability of the Event and formal acceptance by APSCo.
3.4 APSCo will send a Booking Acceptance to the Delegate.
3.5 No contract shall exist between the parties until APSCo has sent the Delegate a Booking Acceptance.
3.6 The Contract will relate only to the Event for which APSCo has sent a Booking Acceptance. 
3.7 The Delegate accepts that there are a limited number of places at each Event and APSCo makes no guarantee that Booking Requests will be accepted in whole or in part and accepts no liability for the unavailability of places at an Event.

4. Event Content & Location
4.1 APSCo will wherever possible endeavour not to make changes to the content or location of Events.
4.2 Where necessary APSCo reserves the right to make changes to the published agenda, running order, speakers, location or any other aspects of the Event.
4.3 In cases where changes are necessary APSCo will notify the Delegate of such changes, and the Delegate shall have the right to cancel their booking if required.
4.4 The Delegate is liable for any loss or damage which s/he may cause to any Event venue or location and agrees to adhere to all housekeeping rules, procedures and policies (including policies as to behaviour and conduct) that may be in place at any venue from time to time.

5. Special Arrangements
5.1 Where the Delegate has a disability or medical condition that requires special arrangements to be made the Delegate agrees that it is his/her responsibility to notify APSCo of his/her requirements at the time of making the Booking Request.

6. Fees & Payment
6.1 The Fee for an Event will be as quoted in APSCo Marketing from time to time.  Fees are quotes exclusive of VAT.  Fees are liable to change at any time but changes will not affect bookings in respect of which APSCo has sent the Delegate a Booking Acceptance.
6.2 Credit and debit card payments made online at www.apsco.org are processed by a  Payment Processor.  APSCo regrets that it cannot accept cheques, credit notes or cash as payment for bookings made online through APSCo’s Payment Processor.
6.3 When making payment for an Event booking online the APSCo website will ask for the Delegate’s name and contact details after which the Delegate will be transferred to the Payment Processor's website to enter credit or debit card details and finalise the payment process. 
6.4 The Payment Processor will need to take certain information about the Delegate in order to process payment for the booking and the Delegate hereby consents to the transfer by APSCo to the Payment Processor of such information.
6.5 If the Delegate does not wish to use APSCo’s Payment Processor APSCo shall raise an invoice for payment of the Event and send it to the Delegate.  Payment shall be due no later than 7 days from the date of invoice (unless otherwise stated on the booking form) and in any case must be made in advance of the Event to which it relates. 
6.6 APSCo shall be entitled to charge interest on late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended from time to time). 
6.7 The Delegate should not send any payment information via email and understands that APSCo cannot guarantee the security of data sent by email. 
6.8 Unless due directly to APSCo’s fraudulent or negligent act APSCo will not be liable to the Delegate for any losses caused as a result of unauthorised access to the personal and transactional information that the Delegate provides to APSCo when making a booking.

7. Refunds
7.1 If the Delegate cancels an accepted booking in writing in excess of 21 days prior to the Event the Delegate shall be entitled to a refund for the full value of the Event booked. 
7.2 Where the Delegate cancels the booking less than 21 days prior to the Event or does not attend a booked Event no refund shall be due.
7.3 Substitute attendees may be accepted by APSCo at its sole discretion and provided that the substitute attendee meets any applicable eligibility criteria for the relevant Event. 
7.4 APSCo shall be entitled to cancel any booking where necessary due to circumstances outside of APSCo’s control which shall include but not be limited to situations where:
7.4.1. insufficient numbers have booked for an Event; or
7.4.2. speakers are unavailable or cancel for an Event; or
7.4.3. if the payment has not been received prior to the date of the event; or
7.4.4. if it may prejudice or damage APSCo’s reputation.
APSCo shall have no liability for losses or costs which the Delegate may incur due to such cancellation but APSCo shall refund the booking payment in full as soon as possible or offer the Delegate an alternative Event if one is available. 
7.5 APSCo will usually refund monies using the original method of payment but reserves the right to refund using an alternative method.

8. Rights in Materials
8.1 All copyright and other rights (including all intellectual property rights) in materials provided to the Delegate during or for the purposes of any Event (including without limitation course notes, slides, brochures, articles or case studies) are the property of APSCo or that of APSCo’s licensor. 
8.2 Pursuant to clause 8.1 the Delegate is entitled to use such materials only for his/her own personal use.  The Delegate is not entitled to copy such materials (except as permitted by law) or use or authorise others to use such materials for any commercial purposes.  Please note that materials (if any) shall only be made available to the Delegate on the day of the relevant Event.

9. Liability
9.1 Subject to this clause APSCo will be responsible for direct loss reasonably foreseeable to APSCo and the Delegate at the time of the Booking Acceptance suffered by the Delegate as a direct result of APSCo’s breach of these Terms. 
9.2 APSCo’s liability to the Delegate under these Terms shall not exceed the total price charged for the relevant Event.
9.3 Delegates shall be required to keep their personal belongings with them at all times when attending Events and APSCo accepts no liability for damage to or loss of personal belongings.  APSCo does not accept any responsibility for any loss (including without limitation theft) of any property occasioned at an Event location save for any damage caused by APSCo’s negligence in which circumstances APSCo’s liability shall be limited to the amount of insurance cover APSCo holds for such losses. 
9.4 APSCo shall not be responsible to the Delegate or any third party for any business or consequential loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from APSCo’s negligent actions or the negligent actions of APSCo’s sub-contractors or agents or was not reasonably foreseeable to both APSCo and the Delegate at the time of Booking Acceptance.
9.5 Nothing in these Terms excludes either parties’ liability for personal injury or death caused by the other’s negligence.

10. Confidentiality and Data Protection
10.1 The Delegate agrees and accepts that APSCo will usually use email or other electronic form of communication with regard to the booking of an Event.  For contractual purposes the Delegate agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications provided electronically comply with any legal requirement that such communications be in writing.  This condition does not affect the Delegate’s statutory rights.
10.2 APSCo shall comply with the Data Protection Act 1998 (“DPA”).  For the purposes of the DPA APSCo is the data controller of the personal data and APSCo will not sell, transfer or share this information, except as set out in these Terms.
10.3 APSCo has put in place appropriate technical measures to prevent unauthorised disclosure or use of personal data.  APSCo shall use all reasonable measures to safeguard personal data but please note that APSCo cannot guarantee that any data transmission over the Internet or email is completely secure. 
10.4 The Delegate acknowledges and agrees that their personal data will be processed by APSCo and any relevant third party for the purposes of the Event booking. 

11. Publicity
APSCo may use photographs taken at Events in publicity and Marketing.  A Delegate’s attendance at an Event may mean that they are featured in such photographs and the Delegate is deemed not to object to the taking of such photographs.  If the Delegate does not wish to be included in any photograph please notify the photographer at the relevant Event prior to the photographs being taken.

12. Transfer of Rights & Obligations
The Delegate may not transfer, assign, charge or otherwise dispose of these Terms or any of rights or obligations arising under it without APSCo’s prior written consent.  APSCo may transfer, assign, charge, sub-contract or otherwise dispose of these Terms or any rights or obligations arising under it at any time during the term of the Contract.

13. Force Majeure
13.1 APSCo will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control which includes any act, event, non-happening, omission or accident beyond APSCo’s reasonable control and includes in particular (without limitation): strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and/or the acts, decrees, legislation, regulations or restrictions of any government.
13.2 APSCo’s performance under these Terms is deemed to be suspended for the period that the Force Majeure event continues, and APSCo will have an extension of time for performance for the duration of that period.  APSCo will use reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which APSCo’s obligations under these Terms may be performed despite the Force Majeure event.

14. Entire Agreement
14.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between the parties in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
14.2 The parties acknowledge that in entering into a Contract neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the parties prior to such Contract except as expressly stated in these Terms.
14.3 Neither party shall have any remedy in respect of any untrue statement made by the other whether orally or in writing prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

15. Variations
15.1 APSCo reserves the right to revise and amend these Terms from time to time to reflect changes in technology, payment methods, relevant laws and regulatory requirements and/or APSCo’s technical capabilities.
15.2 The Delegate shall be subject to the policies and Terms in force at the time of the Booking Request unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to bookings previously made), or where APSCo notifies the Delegate of a change to any policy or these Terms before a Booking Acceptance is sent in which case the revised policy or Terms shall apply.

16. Notices
16.1 Any notice to be given hereunder shall be in writing.  Notices may be given by either party by personal delivery, post, email or by fax addressed to the other party at its registered office for the time being and any such notice given by letter email, or fax shall be deemed to have been served at the time at which the letter was delivered personally or transmitted or if sent by post would be delivered in the ordinary course of post.

17. General
17.1 Neither party’s rights under these Terms shall be prejudiced or restricted by any concession, delay or forbearance it extends to the other and no waiver by either party in respect of any breach by the other shall operate as a waiver in respect of any subsequent breach.  Rights and remedies provided under these Terms are cumulative and not exclusive of any rights or remedies provided by law.
17.2 No provision of these Terms shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999.
17.3 If at any time any clause in these Terms becomes illegal, invalid or unenforceable in any respect for any reason that shall not affect or impair the legality, validity or enforceability of any other clauses in these Terms.

18. Law & Jurisdiction

This Contract is governed by and shall be construed in accordance with English law and the parties hereto submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising from these Terms or its subject matter.