NAISA 2019 Vendor, Exhibitor and Advertising TERMS AND CONDITIONS

1.0 The University agrees to let the Venue to the Hirer for the Event during the Hire Period and to provide the Services (if any), and the Hirer agrees to pay the Hire Fee, Services Fees and any Additional Fees (where applicable), in accordance with this Agreement.

2.0 FEES
The Hirer agrees that all Hire Fees, Services Fees and Additional Fees are:

(a) to be paid in New Zealand dollars; and

(b) plus GST and any other taxes and duties which may be applicable and payable by the Hirer.

2.1 Additional Fee(s) may be charged in respect of the following:

(a) Damage to the Venue;

(b) Theft of University’s property;

(c) Services provided by the University in addition to the Services, which either the Hirer requires or the University provides for the safety and/or efficiency of the Event;

(d) Administration or other costs incurred as a result of changes made to the Event and/or the Services;

(h) Cancellation fee pursuant to clause 6.2;

(i) Any costs, expenses or losses incurred by the University as a result of a breach of this Agreement or any other act or omission by the Hirer, its employees, contractors, agents or invitees.

3.0 PAYMENT 

3.1 Unless otherwise agreed between the parties, the Hirer shall pay all monies owing under this Agreement as specified in this Agreement. Where no payment terms have been included elsewhere in this Agreement, and the parties have not agreed otherwise, any amounts owing under this Agreement shall be paid by the Hirer as follows:

(a) The full and non-refundable hire fee will be paid on the 20th of the month following the registration invoice.

(b) Additional Fee(s): Any Additional Fee(s) shall be paid within 10 Working Days of the receipt of an invoice from the University.

3.2 The time for payment within which the Hirer is to pay the Hire Fee, Services Fee and any Additional Fees will be an essential term of this Agreement.

3.3 The Hirer agrees and authorises the University to keep the creditworthiness of the Hirer under review at all times. If the University at any time deems the credit of the Hirer to be unsatisfactory, or forms the view that any current or future payments may be at risk under any relevant insolvency regime, the University may require security for payment and the Hirer will make such security available.

 

4.0 OVERDUE PAYMENTS

If the Hirer fails to pay any monies pursuant to this Agreement by the due date, the University may (at the University’s sole discretion):

(a) refuse to allocate a space for the hirer and/or

(b) cancel the Hirer’s booking; and

(c) terminate this Agreement; and

(d) enlist the services of a Debt Collecting agency for any outstanding amount

5.0 BOOKING

5.1 Any booking of the Venue for hire will not be secured by the Hirer until payment has been received in full

5.2 If a booking is not secured in accordance with clause ‎5.0 above, or as otherwise agreed between the parties, the University may hire the Venue or any part thereof, to any third party during the Hire Period.

5.3 The University is not be under any obligation to hire the Venue or any areas in the Venue to the Hirer or any third party. The University reserves the right to not hire the Venue or any areas in the Venue at any time for whatever reason.

 

6.0 CANCELLATION

6.1 The Hirer may cancel a booking of the Venue under this Agreement by providing written notification to the University.

6.2 The Hirer may be liable to pay a cancellation fee of between 15% to 100% of the Hire Fee to which the booking relates, and is determined by the notice period specified below.

a) Where the Hirer cancels a registration giving 30 days or one calendar month notice before the event, a refund less a 15% administration fee will be given.

b) Where the Hirer cancels a registration, giving 14-30 business days’ notice, a refund less a 50% administration fee will be given.

c) For cancellations less than fourteen (14) days prior to the event, the Hirer shall pay the full registration fee. No refunds given.

 

7.0 LIMITATION OF LIABILITY

7.1 The University is under no liability whatsoever to the Hirer for any indirect or consequential losses or any loss of profit, loss of bargain, loss of business opportunity, exemplary damages or losses, suffered by the Hirer or any third party arising out of or flowing from any breach of contract, arising out of this Agreement.

 

8.0 INDEMNITY

8.1 The Hirer indemnifies the University against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses, damages, or demands incurred by the University arising out of or incidental to the Hirer’s non-compliance with this Agreement.

8.2 The Hirer shall be liable to the University for all losses or damages caused to the Venue and any other property, premises or facility of the University by the Hirer or any employee, agent, contractor, attendee of the Event at any time during the Hire Period.

 

9.0 COMPLIANCE

9.1 The Hirer (and its employees, contractors, performers, agents and invitees) shall comply with all applicable statues, regulations, by-laws and operational requirements of the University and any code of practice or policy applicable to the University’s land, the Venue and the Event, including but not limited to the University’s health and safety policies and procedures, any reasonable directions of the University.

9.2 The Hirer shall immediately notify the University of any hazards or risks which the Hirer becomes aware of at the Venue and of any incident, accident or unsafe behaviour at the Venue.

9.3 The Hirer and those for whom it is responsible including all employees, contractors, performers, agents, invitees and ticket holders, shall not do or omit to do anything which may cause the University to be in breach of its obligations under any legislation or licenses it holds in relation to the Venue.

9.4 By agreeing to the terms and conditions listed on this contract the Hirer acknowledges that they have read the University of Waikato’s emergency procedure documentation.

 

10.0 USE OF VENUE

10.1 The Hirer shall use the Venue in a lawful manner and shall be responsible for the conduct of its employees, contractors, agents, invitees and ticket holders. The Hirer acknowledges that the University may at any time, remove from, or refuse access or entry onto, the University premises and Venue to any individuals who behave in a manner which in the University’s sole opinion is offensive, disorderly, dangerous, or which is, or is likely to be a nuisance to others.

10.2 The Hirer is not permitted to use or access any other area of the Venue other than the Venue at any time, without the prior consent of the University.

10.3 The Hirer is not permitted to use or access the Venue for the Event on any day(s) or time(s) other than the Hire Period.

10.4 The Hirer shall cooperate with other occupiers, users and hirers of the Venue and take all reasonable steps to avoid disruption or inconvenience to such persons.

10.5 Deliveries prior to and after the Hire Period will only be accepted if prior approval has been granted by the University.

10.6 Unless expressly permitted by the University (and subject to any such conditions imposed by the University), the Hirer and any persons for whom the Hirer is responsible under this Agreement shall not:

(a) bring onto the University premises any firearms, explosives, flammable liquids, fireworks, pyrotechnics, or other substances which may cause damage and/or injury to the University property and persons;

(b) conduct any lottery, raffle, betting, gambling or other games of chance of any kind;

(c) record the Event and broadcast or otherwise communicate such broadcasts via any medium.

10.7 The Hirer shall ensure that the Venue is left in a clean and tidy condition and in the same condition upon completion of the Hire Period, as it was on commencement (fair wear and tear excepted). The Hirer shall not construct or erect any structures, rigging, scaffolding, temporary structures or suspend any objects from the ceiling of the Venue, mark, paint, drill, deface or otherwise alter the structure, fittings, decorations or furnishings of the Venue without the prior consent of the University. The costs of any repairs, reinstatement or additional cleaning shall be charged to the Hirer as an Additional Fee.

10.8 The Hirer shall not connect any electrical installation, equipment, device or fitting into the electricity supply of the Venue without the prior consent of the University. For the avoidance of doubt, the Hirer shall indemnify the University as a result of any costs or damages incurred by the University arising from the Hirer’s electrical device, equipment or fittings used during the Hire Period.

 

11.0 CONFIDENTIALITY

11.1 All intellectual property and other information belonging to a party (including but not limited to this Agreement) which by designation or by its nature is intended to be treated as confidential will be confidential information for the purposes of this Agreement (Confidential Information).

19.2 Neither party will without the other party’s prior written consent disclose any Confidential Information to any third party.

19.3 Where the University collects any personal information of the Hirer, the Hirer expressly authorises the collection, use and disclosure of such personal information to the extent necessary to fulfil its obligations and enforce its rights under this Agreement.

 

12.0 INSURANCE

20.1 Unless otherwise agreed with the University in writing, the Hirer shall hold and maintain public liability insurance cover during the Hire Period of not less than $2,000,000 for any one occurrence. The Hirer shall provide evidence of the existence of such insurance cover and the payment of its premiums to the University on request.