Terms and Conditions for Partner Companies of Event Inc
General Terms and Conditions of Eventinc GmbH
1. Principles of cooperation
1.1 Eventinc GmbH („Eventinc GmbH“) operates the Internet portal Event Inc and allows visitors („clients“) to find suitable event spaces („partners“) for events and arranges event requests („enquiries“) between the clients and the partner (Eventinc GmbH and partner hereinafter jointly „parties“). Eventinc GmbH also provides advice to the client, can recommend a partner, share information with the client or obtain offers on behalf of the client. A partner usually operates one or more event spaces, acts as a caterer or event agency or operates as an event service provider.1.2 In addition to the present agreement, the „General Terms and Conditions of Eventinc GmbH“ apply, which can be viewed online at any time.
2. Commission and compensation for additional services in accordance with Clause 10 of these Terms and Conditions
2.1 The partner owes Eventinc GmbH a commission for each facilitated enquiry, from which a confirmed booking results.2.2 Eventinc GmbH reserves the right to adjust the amount of the commission in accordance with clause 10 of these terms and conditions on the first day of the contract period following the minimum term or extension period.
2.3 Eventinc GmbH reserves the right to adjust the amount of the commission by more than 3 percent compared to the commission agreed for the preceding minimum term or the previous extension period.
2.4 Eventinc GmbH will announce in writing each adjustment of the commission in accordance with Clause 10 of these Terms and Conditions, subject to a period of notice of six weeks to the end of the minimum term or the extension period.
2.5 If the partner does not object in writing to such an adjustment of the commission according to clause 10 of these GTC within two weeks of the announcement, the changed commission applies in accordance with clause 10 of these terms and conditions as accepted by the partner. In the event of a partner’s disagreement, each party has the right to terminate the contract in writing with a notice period of two weeks to the end of the minimum term or the extension period.
3. Terms of payment
3.1 The commission will be charged by Eventinc GmbH from the 1st working day after the event.3.2 The partner will inform Eventinc GmbH as soon as possible about the current booking status of a brokered request. Immediately after the facilitated event takes place, the partner sends the generated net sales of the event. Eventinc GmbH reserves the right to request an invoice as proof of commissionable net sales. If the provider refuses to provide information on the status of the booking, the bookings sent by Eventinc GmbH to the partner shall be deemed confirmed. Eventinc GmbH will send a separate commission invoice based on the invoice presented to the client.
3.3 If the booking and any associated services did not take place for reasonable reasons, in whole or in part, Eventinc GmbH shall not receive any commission or pro rata commission for any cancellation costs. In these cases, Eventinc GmbH must be provided with evidence of this on request.
3.4 The commission from the partner company is also due if the event enquiry facilitated by Eventinc GmbH is forwarded by the partner to a third party and also if the event date is outside the contractual period. Forwarding of enquiries requires prior agreement from an employee of Eventinc GmbH. Details of any forwarded enquiry have to be disclosed on request of Eventinc GmbH. Neglecting to comply with this request can lead to a contractual penalty of up to three times the lost commission amount and/or may result in the termination of the contractual relationship.
4. Contract period / termination
4.1 Eventinc GmbH reserves the right to terminate the partnership. Eventinc GmbH may terminate the partnership at any time with a notice period of two weeks prior to the end of the month.4.2 The right of both parties to terminate without notice for good cause remains unaffected.
4.3 Each termination requires the written form. The written form can not be replaced by electronic form. The termination date will be recorded by Event Inc upon receipt of the notice of termination.
4.4 Whether a partner has complied with the terms of their notice period depends on when Event Inc receives the notice of termination.
5. Online presence on Event Inc
5.1 Eventinc GmbH markets the partner via a profile („profile“) on the online portal Event Inc, which Eventinc GmbH will create for them. The profile consists of data (descriptive copy, contact data, etc.) and media (photos, videos) provided by the partner or put together by Eventinc GmbH with permission from the partner.5.2 If a profile has already been created and is visible online, the partner has accepted the material used for the profile. The partner may request changes to be made to the profile free of charge within a reasonable extent.
5.3 Profile data of the partner will be displayed in random order in a desired region (e.g. London), on selected occasions (e.g. weddings) and in the search. Eventinc GmbH can – but is not obligated – to place fixed placements for individual profiles and to display the partner’s profile on further subpages (homepage, guidebook, etc.) as well as pages associated with Eventinc GmbH.
6. Copyright, third-party rights and indemnity
6.1 The partner grants Eventinc GmbH, for the duration of the contract, a non-exclusive and unlimited right to use texts, images, photos and videos provided by the partner in accordance with the purpose of the contract. Event Inc GmbH may also choose to use any material independently of the provider profile for marketing of the respective partner profile, online and offline. The partner assures that copying, publishing and/or distributing the texts, images, photos and videos provided to Eventinc do not infringe on any copyrights, trademarks, personal rights or other rights of third parties.6.2 The partner is obliged to indemnify Eventinc GmbH as well as employees and affiliated agents of Eventinc GmbH of all claims from third parties and of the required legal costs upon first request, which are based on alleged or actual infringement and / or infringement of third-party rights through the use, duplication, publication and / or dissemination of texts, pictures, photos and / or videos, which the partner has made available to Eventinc GmbH.
6.3 For the purposes of this clause 6, all texts, images, photos and / or videos which either the partner has transmitted to Eventinc GmbH or which Eventinc GmbH has downloaded from the partner’s website with the consent of the partner, shall be deemed to have been provided by the partner and used according to the purpose of the contract.
7. Enquiry Management and Consulting
7.1 Eventinc GmbH examines and manages incoming requests in order to forward the most appropriate requests to the partner. Eventinc GmbH is focused in particular on the requirements of the partner and therefore reserves the right not to forward unsuitable requests.
7.2 Event enquiries can be made through Eventinc GmbH via various channels, e.g. via the Event Inc platform, e-mail, telephone and / or so-called „partner programs“, such as partnerships with other websites. Additional channels may be added.
7.3 In addition, Eventinc GmbH acts as an advisor to the clients and proposes suitable partners at their own discretion. Eventinc GmbH can formulate enquiries on behalf of the interested party.
7.4 On behalf of the client, Eventinc GmbH can send the partner anonymous enquiries along with the request of sending a non-binding offer. Provided that the offer is available in a timely and appropriate manner, it will be forwarded by Eventinc GmbH to the client and contact between the client and partner will be facilitated.
8. „Event Inc Pro“
8.1 „Event Inc Pro“ offered by Eventinc GmbH is a special customer loyalty program for frequent bookers of the MICE industry, such as agencies, groups or associations. The benefit is the provision of a tailored premium service for professional customers. The aim is to reflect the high quality standards provided by Eventinc GmbH, which in turn should also be reflected in the enquiries to its partner companies (partners) and should be guaranteed in the long term by „Event Inc Pro“.
8.2 The services and prices offered by the partner via Eventinc GmbH do not differ from the regular scope of services and prices offered by an alternative direct booking with the partner company. If a booking is made through Eventinc GmbH and a cheaper booking through an alternative channel would have been possible, this cheaper rate will be applied. This regulation is limited to „Event Inc Pro“ by Eventinc GmbH, which must be distinguished by clear identification in the enquiry form.
8.3 The commission for the partner company also becomes due if the request submitted by Eventinc GmbH is forwarded within the partner’s corporate network or to a third party and also if the event date is outside the contractual period. Forwarding of enquiries requires prior agreement with a qualified employee of Eventinc GmbH. The details of any forwarded enquiry have to be disclosed on request of Eventinc GmbH. Neglecting to comply with this request can lead to a contractual penalty of up to three times the lost commission amount and/or may result in the termination of the contractual relationship. Furthermore, forwarding within the partner’s corporate network or to third parties without prior agreement from Eventinc GmbH may also result in the termination of the contractual relationship.
9. Additional services
9.1 Eventinc GmbH can offer the partner further services („additional services“) upon request and for appropriate remuneration but is not obligated to do so. In particular the following may be considered: Top rankings on the Internet portal Event Inc Highlight boxes Event ideas Home slider Newsletter courts Other advertising measures and cooperations
9.2 Additional services are agreed separately by the parties. Should Eventinc GmbH carry out an additional service or several additional services once or several times without separate assignment and calculation, the seller can not derive from this any claims for the future.
10. Advertising measures, changes to the product
10.1 Eventinc GmbH is entitled to use data from the profile, media such as pictures or videos as well as supplier names in the context of PR and advertising measures offline as well as online for the Event Inc portal, its associated pages and partnerships.
10.2 Eventinc GmbH may at any time make changes, enhancements and improvements to the Event Inc portal and its associated pages, which may alter the representation of the partner and the process of enquiry management. The interests of the partner will be respected.
11. Liability
11.1 Event GmbH is liable in cases of malice, intent and gross negligence, in cases of injury to life, limb or health, as part of any warranty expressly accepted as well as in cases where the conditions of liability under the Product Liability Act exist, in each case according to the statutory provisions.
11.2 In addition, Eventinc GmbH is liable for the breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and the compliance of which the contractual partner can regularly rely on (so-called cardinal obligation). In this respect, the liability is limited in height to the predictable, typically occurring damage.
11.3 A further liability of Eventinc GmbH does not exist.
11.4 The above regulations for limiting liability also apply to breaches of duty by the legal representatives and vicarious agents of Eventinc GmbH as well as to the personal liability of employees, representatives and organs of Eventinc GmbH.
12. Confidentiality
12.1 The partner undertakes to treat all information provided to him in connection with this contract and the subsequent cooperation with Eventinc GmbH as strictly confidential, not to make it accessible to third parties and only to use it for cooperation with Eventinc GmbH.
13.Changes to these terms and conditions
13.1 Eventinc GmbH reserves the right to change non-essential provisions of these terms and conditions without giving reasons. The amended regulations will be sent to the partners by e-mail no later than two weeks prior to their effect taking place or published on the Internet portal Event Inc. If a partner does not object to the validity of the amended GTC within two weeks, the amended GTC shall be deemed accepted.
14. Choice of law and jurisdiction
14.1 The contract between Eventinc GmbH and the partner is governed exclusively by German substantive law. The application of the international UN sales law (CISG) is excluded.
14.2 The exclusive place of jurisdiction is Hamburg, provided that the partner is a merchant, a legal entity under public law or a special fund under public law or the partner has no general place of jurisdiction in Germany. Eventinc GmbH is however entitled to take action against the partner at its general place of jurisdiction.
14.3 Amendments, additions or the cancellation of this contract, including the amendment of this provision itself, must be made in writing. All disputes arising out of or in connection with this contract shall be governed by German law. If the partner is a merchant, the place of jurisdiction is Hamburg.
14.4 If any provision of this Agreement or the Member Agreement is or becomes wholly or partially void, ineffective or unenforceable, the validity and enforceability of any remaining provisions shall not be affected. The void, ineffective or unenforceable provision shall, to the extent permitted by law, be deemed replaced by the effective and enforceable provision which comes closest to the economic purpose of the void, ineffective or unenforceable provision by object, measure, time, place and scope. The same applies to the filling of any gaps in this contract.