Terms & Conditions
Standard Conference & Event Terms and Conditions
These are the terms and conditions (the "Terms and Conditions") under which we are willing to provide the Services to you.
Unless we agree otherwise in writing, the Agreement is entered into on the basis of these Terms and Conditions to the exclusion of any other terms and conditions set out or referred to in any document or other communication by you.
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Definitions
In these Terms and Conditions, the following words shall have the meaning set out below:
"CEME Conference Centre" (which shall also be referred to as "our", "we" and "us") means CEME Conference Centre, CEME, Marsh Way, Rainham, Essex, RM13 8EU.
"Client" (which shall also be referred to as "you") means the person, firm or company which engages us to provide the Services at the Premises, whose name and details are set out on the attached Booking Sheet.
"Booking Sheet" means the booking sheet attached to these Terms and Conditions which sets out the Services that will be provided by us.
"Deposit" means the non-refundable sum of money that we may require you to pay to us prior to the Event to secure your booking with us.
"Event" means the event specified on the Booking Sheet.
"Charge" means the charge payable by you to us in respect of the Services as set out on the Booking Sheet.
"Premises" means both the room at CEME in which the Event will be held and the CEME campus.
"Period of Hire" means the date(s) and times for hire of the Premises specified on the Booking Sheet.
"Services" means the provision of catering services, room hire, equipment and/or any other services or equipment that we have agreed to provide in accordance with these Terms and Conditions.
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Bookings
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Any prices included in a quotation issued by us to you will be calculated according to the number of delegates requested at the time of enquiry. Any alteration in these numbers may result in a variation in the Charge (either an increase or decrease, as appropriate).
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The Booking Sheet constitutes your offer to hold the Event at the Premises on these Terms and Conditions only. We reserve the right to accept or refuse such offer at our sole discretion. You should complete and sign the Booking Sheet and return it to the CEME - Conference Centre within 10 working days of receiving our confirmation letter.
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If we accept your offer, we will return the Booking Sheet counter-signed by you, which, together with these Terms and Conditions (and subject to us having received the Deposit in cleared funds), will create a legally binding agreement between us and you (the "Agreement").
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You will be required to notify us of the prospective number of delegates attending the Event not less than 7 working days before the Event. Final numbers of delegates attending the Event must be confirmed to us not less than 72 hours prior to the Event.
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If, at your request, we buy goods or services from a third party, you agree to comply with the third party's terms of sale/use (as appropriate). We will charge you for all costs incurred by us in relation to these third party goods and/or services. We may (at our discretion) add a handling charge of 12.5% of the costs incurred. If you cancel for any reason, you will be solely responsible for paying these costs, our handling charge, and any applicable third party cancellation charges in full, as soon as these costs and charges become due.
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Payment
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We will issue our invoice to you in respect of the Charge within one week of the Event date. Payment shall be due within 30 days of the date of invoice.
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The Charge is exclusive of VAT, which will be added by us (if and to the extent applicable).
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We reserve the right to charge for any damages that you (and the delegates) cause during your occupation of the Premises. We also reserve the right to charge for any additional cleaning that is required to the Premises, over and above that which is required from normal and reasonable use.
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We reserve the right to charge interest on overdue amounts at the rate of 4% above the base rate of Barclays Bank plc.
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Term
This Agreement will commence on the date of our written confirmation of the booking and shall, save as expressly set out otherwise, terminate at the end of the Event.
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Our obligations
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We will:
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organise or procure the organisation of the Event to a high standard and to the best of our ability;
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subject to you supplying us with all relevant information regarding the Event and subject to clause 6.2 below, obtain and secure compliance with all necessary consents, licences and approvals of all relevant governmental, local or other competent authorities in connection with the organisation and operation of the Event.
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Your obligations
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You acknowledge and accept that we have the exclusive right to provide the Services at the Event. Under no circumstances may you bring your own food or drink onto the Premises without first obtaining our written permission to do so.
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You (and your officers, employees, agents, sub-contractors and delegates) must comply at all times with all applicable laws, regulations, rules and conditions of CEME relevant to you. You agree that you will be responsible for the actions of your employees, agents, sub-contractors and delegates. You will observe (and will procure that such persons will observe) any reasonable guidelines and instructions we communicate to you concerning the use and occupancy of the Premises.
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You accept that the Event is a private event and that you will not be selling tickets and advertising in public.
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You agree that you will not do or allow to be done in the Premises any act or thing which is offensive, illegal, political or may cause nuisance, damage or disturbance to us or any other person.
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You will not do or allow to be done anything which might prejudice our public liability insurance cover.
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You agree that you will not without our prior written permission make any alterations to the Premises, nor will you fix any items to the walls or floors or suspend items from the ceiling of the Premises. You also agree that you will not without our prior written permission bring onto the Premises any form of mechanical or electrical equipment. Where our written permission is given, any such equipment must comply with any applicable regulations (including, without limitation, health and safety regulations).
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You agree that your use of the Premises for the Event will be limited to those dates and times set out in the Booking Sheet. Any extension to these dates and times will be subject to our written approval and to the availability of the Premises.
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Cancellation
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If you cancel your booking, the following cancellation charges will apply (without prejudice to clause 2.5 of these Terms and Conditions):
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If we receive less than 3 months' written notice - 25% of room hire only.
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If we receive less than 2 months' written notice - 50% of room hire only.
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If we receive less than 1 month's written notice - 100% of room hire only.
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If we receive less than 2 weeks' written notice - 100% of room hire and equipment.
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If we receive less than 1 week's written notice - 100% of room hire, equipment, catering and any other services ordered.
Notice of cancellation must be in writing and will be effective on the date it is received by us. In no circumstance shall the Deposit be refunded.
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Where day delegate rates have been confirmed, the cancellation charges set out in clause 7.1 above will apply.
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Where the Premises includes the use of the auditorium known as the "POD", a minimum number will apply when cancelling 2 weeks or less prior to the Event.
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We reserve the right to terminate this Agreement immediately on giving written notice to you and without any liability to you if:
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you breach any of your obligations under this Agreement and you fail to remedy such breach (where the breach is capable of being remedied) within 7 days following written notice from us requiring you to do so;
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we become aware that the nature of the Event might prejudice our reputation and/or cause damage to the Premises and/or prejudice the comfort or enjoyment of any other person on the Premise and/or pose a health and safety or security risk to us or any other person on the Premises;
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you are in arrears with respect to any payment due to us;
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an order is made or a resolution is passed for your winding-up or an administrator is appointed by order of the court or by other means to manage your affairs, business and property or a receiver and/or manager or administrative receiver is validly appointed in respect of all or any of your assets or undertaking or circumstances rise which entitle the Court or a creditor to appoint a receiver and/or manager or administrative receiver or which entitle the Court to make a winding-up or bankruptcy order or you take or suffer any similar or analogous action in consequence of debt;
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you undergo a change of Control (and for the purposes of this clause, "Control" means the ability to direct the affairs of another whether by virtue of the ownership of shares, contract or otherwise); or
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you cease or threaten to cease, to carry on business.<
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Indemnity and Limitation of Liability
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All property is brought onto the Premises at the owner's risk. We do not accept any responsibility for the safekeeping of any property.
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Nothing in this Agreement shall exclude or restrict the liability of either party to the other for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.
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Subject to clause 8.2 above, neither party shall be liable to the other whether in contract, tort, negligence, breach of statutory duty or otherwise for loss of profit, revenue, use, anticipated savings, goodwill, or opportunity, financial or other economic loss in each case whether direct or indirect, or any indirect or consequential loss or damage, costs or expenses whatsoever or howsoever arising out of or in connection with this Agreement.
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Subject to clauses 8.2 and 8.3 above, the total liability of us to you whether in contract, tort, negligence, breach of statutory duty or otherwise for any loss or damage, costs or expenses arising under or in connection with this Agreement shall not exceed an amount equal to 250% of the Charges.
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Subject to the exclusions and limitations of liability above, you shall be liable for and hereby indemnify us against, all reasonable costs, expenses, claims, damages, losses or liabilities incurred by us in respect of any claim made by a third party against us in respect of any damage to property (whether real or personal) or any injury to any person (including injury resulting in death), in either case, caused directly by any negligent act or omission by you or your officers, employees, sub-contractors or agents.
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This clause shall survive the termination or the expiry of this Agreement.
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Health & Safety
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You shall liaise with our personnel in connection with any electrical appliances, power supplies, plant or vehicles, equipment as necessary. Our Health & Safety Manager has the right to cancel any Event which poses a health and safety risk at no cost to us.
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Evacuation signs will be situated in the Premises, please make yourself and delegates aware of the relevant assembly point. If you or any delegates have any disability that would require assistance for an emergency evacuation, please inform a member of our team prior to the Event.
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We reserve the right to request that a risk assessment be completed. Where such a request is made, the risk assessment should be sent to us in advance of the Event taking place.
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You accept full responsibility for familiarising yourself and any delegates invited by you with the safety and security arrangements that are in place on the Premises and in particular, the means of emergency alarm and escape that will be used in the event of fire. All accidents, injuries or losses must be reported to us at the time they take place.
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Security
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We reserve the right for security purposes to stop and search any person, object or package entering the Premises and we shall be entitled to refuse to allow any person, object or package to enter the Premises which we reasonably consider to be a risk or likely to be a risk to the safety or security of the Premises or the people in it.
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Parking of private vehicles is permitted on the Premises entirely at the driver's own risk. All vehicles are restricted to moving at walking pace on the Premises.
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Smoking is not permitted within or immediately adjacent to any buildings within the Premises. No naked flames; gas cylinders; gas inflated balloons; paper decorations or explosive devices are to be brought onto the Premises without our prior written permission.
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Environmental Policy
We have an environment policy in place and a copy of this policy is available on request. It is your responsibility to ensure that your activities at the Premises (and those of your employees, agents, sub-contractors and delegates) are carried out in accordance with this policy.
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General
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Nothing in this Agreement shall have the effect of granting or transferring to, or vesting in, you, any intellectual property rights belonging to us. You agree that you will not use our name or any trademarks or logos in any way (including without limitation in advertising or promotional materials) without our prior written consent.
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No amendment or variation of this Agreement shall be effective unless in writing and signed by a duly authorised representative of each of us.
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The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and nothing in this Agreement shall confer or purport to confer on or operate to give any third party any benefit or any right to enforce any term of this Agreement.
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Both you and we agree that in entering into this Agreement, we do not rely on any statement, representation or assurance of any person relating to the subject matter of this Agreement other than as expressly set out in this Agreement, or as agreed between us in accordance with these Terms and Conditions.
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This Agreement is personal to you and you will not assign, transfer or sub-contract any of your rights or obligations under this Agreement.
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Nothing in this Agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
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Both parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with this Agreement; and this Agreement shall be governed by and construed in accordance with English law.
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Neither party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the control of that party. The party affected by such circumstances shall promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they crease to do so. If such circumstances continue for a continuous period of more than 4 weeks, either party may terminate this Agreement by written notice to the other party.
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