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Terms and Conditions for Event Sponsorships and Partnerships

Effective Date: October 2024
Last Updated: October 2024

These terms and conditions (“Terms”) govern the relationship between 030 Knowledge & Networking GmbH (“Organizer”) and its sponsors and partners (“Partner”) for events organized by the Organizer. By signing the sponsorship or partnership agreement, the Partner agrees to be bound by these Terms.

1. Definitions

1.1 **Organizer:** 030 Knowledge & Networking GmbH, a business event organizer with its principal office at Stedingerweg 16, 10407 Berlin.

1.2 **Partner:** Any company, organization, or individual sponsoring or partnering with the Organizer for an event.

1.3 **Event:** The specific event for which the sponsorship or partnership agreement is executed.

1.4 **Sponsorship Package:** The benefits and obligations detailed in the sponsorship agreement.

2. Sponsorship or Partnership Packages

2.1 **Description:** Details of the sponsorship packages, including deliverables, benefits, and payment terms, will be outlined in a separate agreement.

2.2 **Modification:** Any modifications to the package must be agreed upon in writing by both parties.

2.3 **Exclusivity:** Exclusivity clauses (if applicable) must be clearly defined in the agreement.

3. Payment Terms

3.1 **Fees:** The Partner agrees to pay the sponsorship fee as outlined in the agreement. 

3.2 **Payment Schedule:** Payments must be made in accordance with the timelines specified in the agreement. 

3.3 **Late Payments:** Late payments may result in additional fees or cancellation of sponsorship benefits at the Organizer’s discretion. 

3.4 **Taxes:** All fees are exclusive of taxes unless stated otherwise. The Partner is responsible for applicable taxes.

4. Obligations of the Organizer

4.1 **Event Execution:** The Organizer will deliver the agreed sponsorship benefits and execute the Event to the best of its abilities.

4.2 **Promotion:** The Organizer will promote the Partner’s involvement in the Event in accordance with the sponsorship package.

4.3 **Changes:** The Organizer reserves the right to make changes to the Event format, schedule, or location. Any material changes will be communicated to the Partner promptly.

5. Obligations of the Partner

5.1 **Compliance:** The Partner must comply with all laws, regulations, and guidelines applicable to its participation in the Event. 

5.2 **Content Submission:** The Partner must provide promotional materials, logos, or other content by the deadlines specified by the Organizer. 

5.3 **Behavior:** The Partner must not engage in any activity that damages the reputation of the Organizer or the Event. 

6. Intellectual Property

6.1 **Usage:** The Partner grants the Organizer a non-exclusive, royalty-free license to use its logos and trademarks for Event promotion. 

6.2 **Ownership:** Both parties retain ownership of their respective intellectual property. 

6.3 **Content Rights:** The Organizer retains the right to use Event-related content, including photos and videos, for promotional purposes.

7. Cancellation, interruption, relocation and closure of event, force majeure, legal consequences

7.1 In the event of force majeure (e.g. natural disasters, acts of war, official directives and prohibitions, strike, terror attacks), Organizer has the right to move events to a different time or location, shorten, discontinue, temporarily interrupt and partly close or cancel events. Force majeure also includes, in particular, official directives and prohibitions as a result of epidemics, pandemics and endemics, including but not limited to the coronavirus (COVID-19).

7.2 Organizer also has the right to adopt the measures specified under item 7.1 in justified exceptional situations. A justified exceptional situation exists when there are specific and important indications that conducting or continuing the event may create an acute threat of loss of life or personal injury or lead to significant property damage. This also includes official advice not to carry out the event. Organizer decides on a measure after careful consideration and after weighing the interests of all affected participants of an event (in particular, presenters, exhibitors, participants and sponsors), with regard to both the purpose of the event and the safety of the affected or endangered legal assets.

7.3 Organizer will inform the contractual partner of a measure without delay unless Organizer is also prevented from this by a case of force majeure or for other reasons that are beyond Organizer’s control.

7.4 If an event is cancelled completely for the reasons mentioned under 7.1 or 7.2 above, the contractual partner will still be required to pay a reasonable contribution to the cost of the relevant event. The contribution to the cost is 50% of the participation (sponsorship) fee agreed for the contractual partner. By this, Organizer will be imburesed for the costs of planning and carrying out the event and the measure adopted (in particular, costs of sales and marketing, rental, personnel and third-party costs relating to the event). Organizer will be released from its contractual obligation to render services from the time of the cancellation.

7.5 If an event is moved for the reasons mentioned under 7.1 and 7.2 above, the agreement is deemed to have been entered into for the new time period and/ or venue location. However, the contractual partner may object to the change within two weeks after notification. In case of objection, however, the contractual partner is required to pay a contribution to the cost. Item 7.4 above applies accordingly to the determination and amount of the cost contribution.

7.6 If an event is shortened, prematurely discontinued, temporarily interrupted or partly closed or begins with a delay for the reasons mentioned under 7.1 and 7.2 above, the contractual party remains under the obligation to participate in the portion that has not been cancelled and to pay the full participation (sponsorship) fee. Organizer will refund to the contractual party on a prorated basis the costs that it does not incur as a result of the discontinuation or partial closure.

7.7 Organizer is entitled to cancel the event at its reasonable discretion and in consideration of the justified interests of the event participants (in particular presenters, exhibitors, participants and sponsors) if the event is not economically viable due to an insufficient number of participants (cancellation for economic reasons) or the event cannot be conducted because of illness of one or more presenters (cancellation due to illness). If an event is cancelled for economic reasons or due to illness, Organizer will refund payments already made by the contractual partner. However, this applies only to the extent that the service for which the participation (sponsorship) fee was due has not yet been rendered at the time of cancellation.

7.8 The contractual partner does not have a right to claim damages owing to a measure adopted by Organizer pursuant to item 7 above. 

8. Liability of the parties

8.1 The Partner is liable for any personal injury or property damage caused by it, its employees, agents, objects exhibited and stand equipment.

8.2 Organizer is liable for damage resulting from loss of life, bodily injury or damage to health which can be attributed to a breach of duty on the part of Organizer, its legal representatives or vicarious agents and for other damage caused by wilful or grossly negligent breach of duty on the part of Organizer, its legal representatives or vicarious agents, as well as without limitation pursuant to the legal provisions for claims arising under the German Product Liability Act.

8.3 Organizer is also liable for any other damage caused by negligent breach of essential contractual obligations by Organizer, its legal representatives or vicarious agents. Material contractual obligations are understood as those obligations that must be fulfilled so that the agreement can be implemented at all, and the fulfilment of which the contractual partner may ordinarily rely on. In the case of breach of essential contractual obligations, Organizer is liable only if the damage consists of typical damage and not of consequential damage, and even then for only up to five times the sum of the participation (sponsorship) fee agreed between the parties, but not more than EUR 50,000 per claim.

8.4 Organizer is not liable for loss of profit or other financial loss except in the cases specified under item 8.2 above.

8.5 Organizer accepts liability for objects brought in by the contractual partner only to the extent that damage arises to them that was demonstrably caused by gross negligence or wilful intent on the part of its legal representative, any of its employees or a vicarious agent. The same also applies to criminal acts.

8.6 Organizer is not liable for damage or disruptions caused by third parties and for which Organizer is not responsible. 

9. Confidentiality

9.1 Both parties agree to keep all non-public information regarding the Event and the sponsorship agreement confidential unless required by law. 

10. Termination

10.1 Either party may terminate the agreement for material breach if the breach is not remedied within [30] days of written notice. 

10.2 The Organizer reserves the right to terminate the agreement immediately if the Partner’s actions are deemed detrimental to the Event or the Organizer’s reputation.

11. Dispute Resolution

11.1 **Governing Law:** This agreement shall be governed by the laws of Germany. 

11.2 **Resolution:** Any disputes arising under these Terms shall be resolved through arbitration or mediation in Berlin, Germany, unless otherwise agreed by both parties.

12. General Provisions

12.1 **Entire Agreement:** These Terms and the sponsorship agreement constitute the entire agreement between the parties. 

12.2 **Amendments:** Any amendments must be made in writing and signed by both parties. 

12.3 **Severability:** If any provision of these Terms is deemed invalid, the remaining provisions shall remain in effect. 

13. Data Protection and GDPR Compliance (for EU Sponsors)

13.1 **Compliance:** Both the Organizer and the Partner agree to comply with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and all applicable data protection laws in the collection, processing, and storage of personal data related to the Event. 
 
13.2 **Personal Data Use:** The Organizer may collect and process personal data (e.g., names, email addresses, and other contact details) necessary for organizing and promoting the Event. Such data will only be used in accordance with the Organizer's privacy policy, which complies with GDPR requirements. 
 
13.3 **Partner's Responsibility:** The Partner warrants that any personal data shared with the Organizer for Event purposes (e.g., guest lists, participant information) has been lawfully obtained and shared in compliance with GDPR. The Partner further ensures that all necessary consents have been obtained for such sharing and use. 
 
13.4 **Data Subject Rights:** Both parties agree to respect the rights of data subjects, including but not limited to the right to access, correct, or delete personal data, and to respond to data subject requests in a timely manner. 
 
13.5 **Data Breach Notification:** In the event of a data breach involving personal data processed for the Event, the Organizer and the Partner shall notify each other promptly and take necessary steps to mitigate the breach, in line with GDPR requirements. 
 
13.6 **Data Retention:** The Organizer and the Partner will retain personal data only for as long as necessary for the purpose of the Event or as required by applicable law.