05. May 2021
1. GTC scope of application
1.1. These general terms and conditions (GTC) shall apply to all declarations of intent, contracts, and legal or legal-like transactions of Vogel Communications Group GmbH & Co. KG, Max-Planck-Straße 7/9, 97082 Würzburg, and of PLC2 Programmable Logic Competence Center GmbH, Hugstmattweg 30, 79112 Freiburg (hereinafter jointly “organizer(s)”) in regards to the event FPGA-Conference (“FPGA”) with their commissioning parties (hereinafter “CP”) in the context of commissions for exhibitors and sponsorts (hereinafter “commission”). These GTC exclusively apply to entrepreneurs. Entrepreneurs are any natural or legal entity or judicable partnership that acts within the scope of its commercial or self-employed work when entering into a legal agreement.
1.2. CP is any natural or legal entity or judicable partnership that sends the organizer a request, commissions the organizer,or for which the organizer becomes active in any other way.
1.3. Contrasting or deviating conditions to these GTC are not accepted unless an express written agreement with the organizer is made. These GTC shall also apply if the organizer unconditionally provides services in knowledge of contrasting conditions or CP conditions deviating from these conditions.
1.4. The organizer reserves the right to unilaterally alter the GTC at any point. Changes to the GTC shall be disclosed to the CP in writing or electronically (e.g. via email). The CP may object to the updated version of the GTC within 2 weeks after said disclosure. Without objection, changes shall be deemed accepted. If the CP objects to changes to the GTC, the organizer shall have the right to terminate the contractual relationship with immediate effect.
1.5. These GTC are valid in their most recent updated form at the respective point in time of the legal transaction being concluded or the contractual-like relationship being entered. Unless agreed otherwise, they shall also apply to any future legal transactions or contractual-like relationships, even if not expressly agreed upon again. The currently valid version of these GTC can be found at GTC for FPGA-Conference exhibitors and sponsors – Legal Cockpit (vogel.de).
2. Conclusion of contract
Offers from the organizer constitute a request to the CP to themselves make an offer for the conclusion of a contract. A commission between the parties is concluded when the CP has presented the organizer with a binding offer for the conclusion of a contract at least in writing and the acceptance of the services offered at the included conditions and subject to these GTC has been declared binding by the organizer and received by the CP.
3. Contractual relationships and contents
3.1. The goal of the cooperation between the CP and the organizer is particularly the optimization and expansion of the CP’s presence in advertisement and communication, its products and/or services on the market, and the provision of opportunities for presenting the business scope and products of the CP.
3.2. As an exhibitor or sponsor, the CP may commission the organizer with the provision of exhibition space for one or more events, in particular, the CP may commission the organizer with the provision of exhibition space (in the case of in-person or hybrid event format), or with the provision of virtual presentation space and digital activities on the respective online event platform (in the case of hybrid and digital event format).
3.3. The CP must submit its registration for an event to the organizer in the form provided for this purpose and this registration is a binding offer to conclude a commission with regard to the provision of a corresponding exhibition space. If the organizer accepts the offer with reference to the validity of these GTC, the commission of the provision shall be concluded by notification of the admission by the organizer to the CP. Additionally, lit. 2 of these GTC shall apply to the conclusion of the contract. The CP has no claim to admission. The services owed by the organizer are hereinafter also uniformly referred to as the “subject of performance“. The organizer does not guarantee any commercial success. Additionally, lit. 2 of these GTC shall apply to the conclusion of the contract. The CP has no claim to admission.
3.4. The scope and content of the services owed by the CP and the organizer shall be determined in the commission. The concluded commission between the organizer and the CP is essential for this. The organizer does not owe the verification of the legal admissibility of advertising (in particular competition law, labeling law, food law, and pharmaceutical law) if this has not been expressly agreed otherwise in writing.
3.5. The organizer is entitled, at its own discretion, to perform the services itself, to use competent third parties as proxies for the performance of services under the contract, and/or to substitute such services (hereinafter “external services“).
3.6. Commissioning external services occurs in the name of the organizer but is chargeable to the CP’s account. The organizer will invoice the CP for any arising costs.
3.7. The contractual agreements between the parties correlate as follows:
- Commission including potential attachments,
- these GTC, respective up to date version,
- legal provisions.
In the event of any contradictions, the contractual bases shall apply in the order listed.
4. Participation
4.1. The admission to an exhibition space or online space at a FPGA event by the organizer communicated to the CP refers only to the registered CP and to the exhibition goods, presentation materials, and services confirmed in the note according to the event service package chosen by the CP.
4.2. The approval may be revoked by the organizer if it was granted on the basis of false or incomplete information, or if the requirements for approval subsequently cease to apply.
5. Space allocation
5.1. The organizer shall provide the exhibition space in the registered offer area in accordance with the specifications of the object of performance booked and in accordance with the provisions of this Part C. For hybrid event formats, the organizer shall additionally provide the CP with access to the online event platform in accordance with the respective object of performance booked, and in accordance with the provisions applicable to digital events (sec. 10)
5.2. Special wishes of the CP (e.g. placement, neighborhood, stand design, competition exclusion, etc.) will only be bindingly taken into account if they are expressly confirmed by the organizer in the admission.
5.3. The organizer shall be entitled to allocate the CP an exhibition area in a different location from the exhibition area, to change the size of the exhibition area, to relocate or close entrances and exits to the exhibition grounds, if compelling technical or organizational reasons require it.
5.4. Without prior consent of the organizer, the transfer of the CP’s rights stemming from the surrender contract, in whole or in part, to third parties is not permitted. The same applies to a transfer of the exhibition space allocated to the authorized CP, in whole or in part, to third parties.
6. Technical services, services
6.1. The organizer provides basic heating, cleaning, and lighting for the exhibition hall.
6.2. Installations of supply and disposal connections may only be ordered via the organizer or via a service provider commissioned by the organizer.
6.3. The CP shall be separately charged for the costs for installation and consumption of water, electrical and telecommunication connections of the individual stands, and any other services.
6.4. In addition to these GTC, the contractual basis for the participation of the customers in the events are the house rules of the operator of the respective event location as well as the organizational, technical and other provisions that are sent to the CP before the start of the event.
7. Cleaning, waste disposal
The organizer is responsible for cleaning the grounds, halls, and aisles. The CP is responsible for cleaning the exhibition area and waste disposal. Cleaning must be completed daily before the start of the event. If the cleaning and waste disposal is not done in a proper manner, the organizer, after setting an appropriate deadline, may hire a specialized company at the expense of the CP.
8. Guarding
The CP is obligated to guard their property themselves. The organizer shall not be liable for loss of and/or damage to the property of the CP, unless the damage was caused by the organizer intentionally or by gross negligence.
9. Operation and return of the exhibition stands
9.1. The stand must comply with technical and legal guidelines. If necessary, official permits and regulations, and construction and operational requirements must be obtained and fulfilled by the CP at their own expense. In case of non-compliance, the organizer is entitled to have changes made at the expense of the CP and, if necessary, to impose a stand block.
9.2. The CP is solely responsible for traffic safety on their stand, including all access points.
9.3. During the opening hours of the event, the stand must be made accessible to visitors. If the stand is not operated in accordance with the contractual agreements, the organizer may remove the stand at the expense of the CP and allocate the exhibition space otherwise. The CP shall not be entitled to a refund of the stand fees unless they can prove that the organizer was able to generate revenue from the alternative allocation of the stand space.
9.4. Stand construction and dismantling must be completed at the specified times. Stand construction and dismantling or other changes are not permitted, if it could lead to a disruption of the event. If stand construction and dismantling are not completed within the specified times, a contractual penalty of 25% of the rental price plus VAT is payable in addition to the stand rental. This applies in particular to the dismantling of the stand before the start of the official dismantling period on the last day of the event.
9.5. After the end of the event, the space must be left in the same condition as it was when it was allocated to the CP. Damage or pollution caused by the CP may be removed at the CP’s expense without prior notice.
10. Online services for hybrid and digital events
Access to the online event platform, system requirements
10.1. Generally the provision of access to the event platform, and the use of the functionalities of the event platform, and, if applicable, the provision of storage space for the data made accessible by the CP on the event platform to the agreed extent is the subject of booking services in connection with digital events or the digitally conducted part of hybrid events.
10.2. The organizer does not provide the CP with an access software. Generally, access is granted via a browser supported by the event platform and meeting the system requirements of the organizer. Unless noted otherwise in the specification of services of the respective event service package, these system requirements are:
- A standard broadband Internet connection;
- An up-to-date Internet browser;
- For active participation: Headphones, microphone, and webcam/cam;
- For passive participation: Speakers and headphone.
10.3. The system requirements are part of the contract provisions. The CP must check in due time before their participation in the digital or hybrid event whether the connection to the event platform can be established, and, if applicable, quickly solve any technical malfunctions for which they are responsible. If a technical connection to the event platform cannot be established, the organizer shall be informed in due time.
10.4. The organizer does not owe the CP the provision and/or functionality of the browser.
10.5. The CP shall take the necessary precautions to prevent access to the event platform by unauthorized parties.
Availability of the event platform, additional service levels
10.6. The organizer guarantees the CP availability of the event platform including accessibility and reachability necessary for a successful execution of the respective event.
10.7. The organizer shall not be liable for any malfunctions, interruptions, or failures on the event platform that
10.7.1. The organizer is not responsible for, in particular impairments based on failures and/or malfunctions of technical systems and/or network components outside the area of responsibility of the organizer; this includes
- failures caused by incoming cyber attacks. This does not apply if the organizer is obligated to use virus protection programs, and these were not up-to-date at the time of the cyber attack;
- Failures caused by incorrect use of software or hardware on the part of the CP
10.7.2. maintenance work agreed with the CP or unforeseen mandatory maintenance work for which the organizer is not responsible or agreed workarounds (e.g. use of another event platform as an alternative).
10.8. The CP shall immediately notify the designated contact person of the organizer or the designated support contact person of the organizer responsible for the respective event of any disruptions, availability restrictions, or availability failures they notice. In the event of disruptions, the organizer assures to react within an appropriate and reasonable period of time and to find a solution, given the disruption be within their responsibility.
Duties of the CP, liability for illegal content, compliance with legal frameworks
10.9. The CP shall be liable for ensuring that, within the scope of the functions and digital presentation options available to them on the event platform, no racist, discriminatory, pornographic, youth-protection-endangering, politically extreme, or any other unlawful incident, or incidents violating official provisions or requirements occur, or that corresponding data are created and/or stored on the server of the operator of the event platform. In particular, the following actions on the event platform are forbidden for the CP:
- Posting, distribution, offering, and advertising of pornographic content, services and/or products that violate the Youth Protection Act, data protection laws, and/or other laws and/or are fraudulent;
- Use of content that may insult or defame the organizer or third parties or may damage the organizer’s reputation;
- Use, provision and distribution of content, services and/or products that are protected by law or protected by third-party rights (e.g. copyrights) without being expressly authorized to do so.
10.10. Furthermore, the following activities are prohibited for the CP irrespective of any possible violation of the law, when posting their own content via the features of the event platform, and when communicating with other participants and/or moderators (e.g. by sending personal messages, by participating in forum discussion, or by writing guestbook entries):
- Distribution of viruses, Trojans, and other malicious data;
- Sending junk or spam e-mails and chain letters;
- Spreading lewd, offensive, sexually oriented, obscene, or defamatory content or communication, and content or communication that is/are likely to promote or support racism, bigotry, hatred, physical violence, or illegal acts (both explicitly or implicitly);
- Harassing other CPs, participants, and/or moderators, e.g. by repeatedly contacting them personally without permission or contrary to the reaction of the person contacted, and encouraging or supporting such harassment;
- Soliciting other CPs, participants, and/or moderators to disclose passwords or personal data for commercial or unlawful purposes;
- Distribution and/or public reproduction of content available on the event platform, unless the CP is expressly permitted to do so by the respective author.
10.11.The CP assures to own all rights, in particular all copyrights, rights of use, and ancillary copyrights to the contents posted by them. If the CP is not the author of the posted content, they assure the ownership of the unrestricted right of use to said content. The participant assures the ownership of unrestricted exploitation rights, the non-existence of third-party rights for the submitted content, and that no personal rights have been violated in the representation of people. The CP assures to have acquired the rights of all authors, ancillary copyright owners, trademark owners, and other rights holders mandatory for publication, exploitation, and making available to the public, in particular that people depicted have given their express consent to the exploitation and evaluation of the image as part of the application via the CP’s profile.
10.12. Each party shall designate to the other party a contact person authorized to give and receive information and declarations of intent, and who also assumes full responsibility for the orderly performance of the contractual services.
10.13. The CP adheres to applicable data protection provisions. In accordance with General Data Protection Regulation (GDPR), the CP is the controller of any personal data processed by them, e.g. additional event participants added by them (if agreed). If the CP stores or processes personal data on the systems of the event platform, this shall be secured by concluding a corresponding data protection agreement on commissioned processing in addition to the existing contractual agreements.
11. Advertising, marketing, press, specialist lectures
11.1. Advertising is admissible within the stand (for in-person or in-person parts of hybrid events). Outside the exhibitor’s stand – in particular on tables, wall surfaces, in stairwells, as well as in the corridors of the exhibition halls – advertising is only permitted for money given the organizer’s prior consent. The admissibility of advertising measures on the online event platform depends on the respective object of performance booked by the CP.
11.2 Only advertising measures are permitted that do not violate statutory provisions or morality or are of an ideological or political nature. Visual, moving and acoustic advertising media, musical renditions, and product presentations are permitted in compliance with legal/official regulations, provided other CPs are not unreasonably impaired. The organizer is entitled to prohibit the publication, distribution, and display of advertising material that may lead to objections and to seize any stock of the advertising material for the duration of the event. The same applies to making unlawful or otherwise objectionable advertising material or content publicly available pursuant to sections 10.9 and 10.10 on the event platform. In this case, the organizer may, depending on the severity of the violation and the extent of a complaint, exercise their domiciliary rights and, in particular, exclude the CP from participation in the event or block their access to the event platform, unless this is unreasonable for the CP.
11.3. The organizer is entitled to use the name and logo of the CP on advertising and marketing materials (e.g. advertisements, websites) for the preparation and execution of the event free of charge. The CP is obliged to provide the organizer with a logo of appropriate quality.
11.4. Photography, video and film recordings of the exhibits are permitted, given the respective CP’s consent. The organizer is entitled to make or create photographs, film and video recordings, and drawings of the event, the stands and the exhibited goods or to have them made by the press and to use them for advertising purposes or general press publications free of charge. This section 11.4 shall apply accordingly to digital recording options for digital event formats, in particular to screenshots and screencasts, for example of digital presentation areas of the CP.
11.5. The organizer is entitled to restrict or prohibit performances that endanger or significantly impair the execution of the event.
12. Payment maturity
12.1. The agreed fees (rental of the exhibition space, advance payments for ancillary costs, advertising measures, access to the online event platform, etc.) are due upon receipt of the invoice.
12.2. The organizer is entitled to demand advance payment of the agreed fees. If the CP fails to meet the payment deadline, the organizer may exclude them from participation in the event. The obligation to pay the agreed fees remains unaffected by this.
12.3. The CP shall bear the costs for travel to and from the event, overnight stays, and comparable costs.
13.Force majeure
Force majeure or other unforeseeable events for which the organizer is not responsible, and which make it substantially more difficult or temporarily impossible to provide the contractual services, including pandemic, strike, lockout, and regulatory actions, shall allow the organizer to postpone the performance of its services for the duration of the hindrance plus a reasonable start-up period. The organizer will immediately inform the CP of the occurrence of such hindrances to performance. If the delays resulting from an event in accordance with sentence 1 above exceed the period of six weeks, and if an adjustment of the contract is not possible or not reasonable for either party, both parties are released from their performance obligations agreed upon in the commission. Services delivered by the organizer are to be remunerated by the CP according to their share. Damage claims are excluded in such a case.
14. Cancellation, changes
14.1. Unless otherwise stated or agreed in the commission or in the commission confirmation, the CP is entitled to cancel the commission in writing. A lump-sum compensation shall be paid by the participant to the organizer in case of cancellation according to the following gradients:
- Cancellation up to 12 weeks prior to the event: 25% of the agreed remuneration
- Cancellation up to 8 weeks prior to the event: 50% of the agreed remuneration
- Cancellation up to 6 weeks prior to the event: 75% of the agreed remuneration
- Cancellation less than 6 weeks prior to the event: 100% of the agreed remuneration.
14.2. The CP is entitled to prove that the organizer has not suffered any damage at all due to the cancellation or that the damage is lower than the flat rates listed above.
14.3. Furthermore, the organizer has the right to change the event for important reasons (e.g. changes to the program, the format (in-person, hybrid, or digital), timing, schedule, location, venue). The organizer shall notify the CP separately in text form of any substantial changes. Any changes shall also be published on the website. Thus, the CP must inform themselves in good time about such changes.
15. Confidentiality and data protection
15.1. The organizer shall treat transferred objects of performance as confidential as made possible by state-of-the-art technology. However, given the nature of electronic data transfer, the organizer cannot guarantee 100% confidentiality.
15.2. The parties shall treat as confidential all documents, information, and data they receive for the realization of the contractual relationship, and which are designated to them as confidential and shall use them only for the realization of the respective commission. In particular, commissions concluded between the parties shall also be deemed confidential. The parties shall impose a corresponding obligation on their employees and third parties involved in the commission, in particular subcontractors. Independent of the reason for a potential termination, these obligations shall remain in effect even after the termination of the respective commission for two years from the end of the contract.
15.3. The CP authorizes the organizer to process the data received in connection with the business relationship in accordance with applicable data protection laws. The organizer declares that its employees and proxies are bound by strict confidentiality and compliance with data protection, and that the organizer has taken all necessary technical and organizational measures to ensure the execution of the provisions of applicable data protection laws
16. Cession and offset
The CP may only transfer the rights and obligations arising from this contract given express written consent of the organizer. The CP may only offset claims of the organizer against undisputed or legally established claims.
17. Liability
17.1. The insurance of the exhibition goods against all risks of transport and during the event against damage, theft, etc. is the CP’s responsibility.
17.2. The CP shall be liable for any damage caused to third parties by its participation in the event, including damage to the premises and facilities of the organizer. The CP is solely responsible for the contents of advertisements, brochures, and other information material.
17.3. If not further regulated in the other provisions, the organizer shall be liable for damages due to breach of contractual or non-contractual obligations only in case of intent and gross negligence. The limitation of liability also applies to legal representatives, executives, and proxies. The organizer shall only be liable for slight negligence in case of breach of an essential contractual obligation (cardinal obligation), and in case of damage resulting from injury to life, body, or health. In the event of a slightly negligent breach of cardinal obligations, however, the obligation to pay compensation shall be limited to the foreseeable damage typical for the contract. Cardinal obligations are obligations which are essential to be fulfilled for the proper performance of this contract and on the observance of which the other party may regularly rely.
17.4. The organizer shall not be liable for the factual information about the CP’s products contained in the subject matter of the performance or the protectability under copyright, design, trademark, or brand law of the ideas, proposals, concepts, drafts, etc. delivered within the scope of the commission, unless this protectability was expressly agreed in writing as part of the contract.
17.5. The liability for breaches of duty, which occurred neither intentionally nor grossly negligent, is limited to the sum of the contractual fees, which the CP has paid to the organizer for the period of two years prior to the occurrence of the damaging event within the scope of the specific contractual relationship. This does not apply to liability for injury to life, body, and health.
17.6. The organizer is liable to entrepreneurs only in case of intent and gross negligence for atypical/unforeseeable indirect damages and consequential damages, and for loss of profit. In this case, the organizer’s liability is limited to the contract-typical foreseeable damage, at most to the sum of the contractual fees which the CP has paid to the organizer for the period of two years prior to the occurrence of the damaging event within the scope of the specific contractual relationship. This does not apply to liability for injury to life, body, and health.
18. Warranty
The claims of the CP arising from the commission and from all legal relationships in connection with it shall become time-barred within 6 months. The period begins upon return, i.e. in the case of in-person events upon complete clearance of the exhibition space, or in the case of digital formats upon termination of the event and discontinuation of access to the event platform, unless otherwise agreed with the CP (e.g. in cases where access to the event platform is still required for the use of further services following the respective event).
19. Form
19.1. Unless otherwise agreed in the respective commission or in these GTC, all agreements between the organizer and the CP regarding contractually owed services, and all modalities of the performance of the services shall require text form.
19.2. For all other legally relevant declarations and notifications of the CP towards the organizer regarding the commission (e.g. deadline, reminder, withdrawal) the requirement of the written form shall apply. Legal formalities and further proofs, in particular in case of doubts about the legitimacy of the declaring party, remain unaffected by this.
20. Place of jurisdiction, and severability clause
20.1. Place of jurisdiction for any arising legal disputes between the organizer and the CP is Würzburg.
20.2. Solely the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
20.3. Changes and additions, and termination of the contractual relationship with the organizer must be in writing to be effective. This also applies to any alteration of this written form provision.
20.4. Should one or more provisions of these GTC be or become invalid or void, the validity of the remaining provisions of these GTC shall remain unaffected. This applies accordingly to the filling of a gap in the contract.
20.5. The invalidity of individual provisions of these GTC shall not affect the validity of the remainder of the commission.