EXHIBITOR TERMS AND CONDITIONS

Exhibitor Terms and Conditions

  1. The following words shall have the following meanings:

    “Agreement” means the terms and conditions contained in these Exhibitor Terms and Conditions read together with the Sponsor/Exhibitor Form;

    “Exhibitor” means the Party who or which has entered into this Agreement with HITB and whose details are set out in the Sponsor/Exhibitor Form ;

    “Sponsor/Exhibitor Form” means the prescribed form by HITB in which the Exhibitor is required to fill in the requested details and sign off on;

    “Conference” means HITBSecConf Amsterdam 2019;

    “Exhibit Space” means the space which is reserved by the Exhibitor which includes booth spaces, raw spaces and/or shell scheme booths;

    “HITB” means Hack In The Box Pte Ltd and its directors, employees, staff and/or authorised persons;

    “Parties” means HITB and the Exhibitor and “Party” shall be construed accordingly.

  2. Exhibitor Items

    Subject to the terms herein, the Exhibitor shall be entitled to branding and promotional activities, conference access passes and Exhibit Space in accordance with the scope set out in the Conference’s sponsorship kit and signed off on the
    Sponsor/Exhibitor Form.

  3. Badges

    1. The Exhibitor is required to wear the official Exhibitor badge and lanyard at all times within the Conference area.

    2. Each Exhibitor badge is non-transferable and cannot be assigned to another person. HITB reserves the right to evict the Exhibitor or any other person not found to be wearing the official Exhibitor badge and lanyard.

  4. Entry into the Conference Premises

    Entry into the Conference halls shall not be allowed after the Conference hours without prior permission from HITB.

  5. Exhibition Space – Items and Specifications

    1. Each booth shall come standard with the following:

      Dimensions

      • Floor space: 3m x 3m

      • Build-up Height: 3m

      • Build-up Width: 2m

      Items

      • 3m x 3m floor covering

      • 1 x power point

      • 1 x Internet drop

      • 1 x booth lighting

      • 2 x stool

      • Exhibitor’s name standard design backdrop

    2. Designs for booth spaces shall be subject to approval by HITB and must for this purpose be submitted to

    3. Each raw space shall come standard with the following:

      • 1 x power point

      • 1 x Internet drop

      • 1 x desk/table

      • 2 x chairs

    4. Each village and HackerSpace will be allocated a space by HITB within the exhibition area. The space and size of the space will be defined as per the layout in the Exhibitor Kit.

  6. HITB Rented Furniture

    1. Any furniture which is offered by HITB and rented by the Exhibitor shall be supplied upon payment of the prescribed price.

    2. All furniture must be returned to HITB at upon the end of the rental period.

    3. The Exhibitor shall be entirely responsible for keeping the rented furniture in the same and good condition during the rental period, and in this respect HITB reserves all its rights to claim against the Exhibitor for any damage caused to
      the rented furniture.

  7. Booth Description

    1. The Exhibit Space description shall appear under the Exhibitor’s name as set out in the Sponsor/Exhibitor Form.

    2. The Exhibitor is required to submit a copy of its Exhibit Space description to HITB for its approval. Please indicate registered trademarks or other proprietary markings using “®” and use quotation marks for designating publication names.

  8. Booth Regulations

    1. Customisation

      If the Exhibitor is renting a booth or raw space, it shall be required to adhere to the following:

      1. for “raw spaces”, the Exhibitor shall be required to submit to HITB THIRTY (30) DAYS before the commencement date of the Conference a duplicate of the plan view (with measurements in meters and centimetres) as well as
        the intended drawings and impressions. Until and unless said drawings, designs and impressions are approved by HITB, the Exhibitor shall not be allowed to commence any construction;

      2. for “shell scheme” booths, all fittings, drawings, designs, signages and/or impressions must be submitted to HITB including changes to those which had earlier been submitted and those which require upgrading works. Once approved, no
        additional fittings or display is permitted to be attached to the shell scheme structure;

      3. all exhibit spaces, whether booths, raw spaces or shell schemes must be carpeted;

      4. if the Exhibitor intends to construct a wall along the perimeter of the Exhibit Space, the wall must only be 1/3 the length of either the width or length of the Exhibit Space ;

      5. the height of the wall must not exceed 2.5 metres from the floor level. Where the Exhibitor’s structure including a wall or sign exceeds the height of its neighbouring booth, it is required to decorate the visible portion to a standard
        acceptable to HITB;

      6. the wall must present a clean appearance when viewed from the gangways and adjoining stands. In this respect, the wall must be back-clad (i.e. wrapped or covered with wall paper), lighted and decorated on both sides;

      7. HITB reserves all rights to require the Exhibitor to change, modify, lower or shorten any wall and any portion thereof for any reason whatsoever including but not limited to if it has reason to believe that the wall would obstruct the
        exposure of any adjacent exhibition booths;

      8. the Exhibitor is not allowed to attach or suspend any fittings, displays, drawings, stickers or signs from the pillars or ceiling of any part of the exhibition halls. Neither is the Exhibitor allowed to paste, tape, nail, tack, screw,
        drill or punch any item into the floor, walls, doors or any part of the exhibition halls. If the Exhibitor requires any assistance with hanging or displaying its exhibits, please first consult HITB; and

      9. the Exhibitor is not allowed to remove, cut or divert any existing item, hardware, accessory, fixture or fitting including electricity cables, water/compressed air pipes and telephone lines inside or near the Exhibit Space without the
        prior permission of HITB.

    2. Build Up and Setting Up

      The Exhibitor may employ a contractor to assist with the construction and/or setting up of its Exhibit Space subject to the following:

      1. the contractor must first register with and be approved by the HITB Secretariat and obtain the official Conference contractor badge and lanyard which the contractor must wear at all times;

      2. HITB Secretariat team members or building security guards have the right to refuse entry to any contractor who fails to wear the official Conference contractor badge;

      3. the contractor must at all times conform with regulations and requirements imposed by the HITB secretariat and building management;

      4. the Exhibitor and its contractor are required to clean the Exhibitor’s Exhibit Space and remove all construction debris before the hall closing time, during the build-up day; and

      5. HITB reserves all its rights to stop the Exhibitor’s activities, suspend or cancel the setting up or construction of its Exhibit Space if it deems that the Exhibitor and/or its contractor have failed to abide by the rules, conditions
        and/or other requirements imposed including any electrical rules and regulations.

    3. Non-Infringement of Intellectual Property Rights

      1. The Exhibitor unconditionally warrants and represents to HITB that all the materials used by the Exhibitor, including any material provided or to be provided to attendees of the Conference, will not infringe the intellectual property
        rights of any third party, or cause any damage or loss to any third party.

      2. The Exhibitor agrees to unconditionally indemnify to the fullest extent permissible under the law and keep indemnified, HITB and all of its directors, officers, employees, agents and representatives from and against all losses,
        damages,
        liabilities, costs (including legal costs and experts’ and consultants’ fees, disbursements and reimbursements on a full indemnity basis), charges, expenses, penalties, actions, proceedings, claims and demands arising out of or in
        connection with the infringement of any intellectual property rights of any third party.

    4. Compliance with Rules and the Law

      1. The Exhibitor shall comply with and ensure that its staff (if any) comply with all applicable laws, rules, and regulations, and all procedures, policies, guidelines and instructions provided by HITB, the owners of the Conference venue
        and/or which are otherwise applicable at and to the Conference.

      2. The Exhibitor shall not do or cause to be done anything unethical or which can be construed as indecent or insensitive under the applicable customs, culture and/or laws, and shall ensure or cause its staff (if any) to avoid any
        unethical,
        indecent or insensitive acts.

      3. The Exhibitor shall ensure that its staff (if any) who are non-citizens or residents of the jurisdiction where the Conference is held is to be provided or have valid working permit(s) or pass(es), if such permit(s) or pass(es) are
        required
        by the laws in such jurisdiction.

    5. Music/Sound/Audio Visual Producing Devices

      1. The Exhibitor is fully responsible for obtaining the necessary licences to use any copyrighted music or any other intellectual property owned by third parties.

      2. Any fees payable for such copyrighted music shall be entirely borne by the Exhibitor.

      3. All speakers must face the inside of the Exhibit Space and not towards the aisle or walkway.

      4. Video monitors or projection screens must be placed inside the Exhibit Space to avoid viewers blocking the aisles and walkways.

      5. The Exhibitor is not allowed to use any electronic or electrical device which results in noise, odour or annoyance to the attendees. In this regard, HITB reserves all rights to determine when a noise, odour or annoyance must be halted.

    6. Cleanliness

      1. The Exhibitor is fully responsible for the cleanliness of its Exhibit Space and booth, and for any rubbish within its Exhibit Space. In this respect, the Exhibitor is required to keep its Exhibit Space clean at all times to project a
        good
        image to visitors and fellow exhibitors.

      2. The cleaners employed by HITB are not permitted to enter the Exhibitor’s Exhibit Space for security and safety reasons. As such, the Exhibitor is required to place any unwanted materials or rubbish in an orderly manner in the walkway
        for
        the cleaners to remove.

      3. Notwithstanding the above, if HITB is of the opinion that the Exhibitor’s Exhibit Space is in need of cleaning and the Exhibitor refuses, fails or neglects to comply with any request by HITB to clean up its Exhibit Space, HITB is
        entitled
        in its sole discretion to instruct its cleaners to clean up the Exhibit Space and the costs for the clean-up shall be charged to the Exhibitor.

    7. Storage and Removal of Waste Materials

      1. The Exhibitor is expected to make or bring its own storage arrangement. These will not be provided by HITB.

      2. The Exhibitor shall bear the entire responsibility and risk of caring for its equipment, materials, items and/or any other belongings. HITB shall not be responsible or liable for any damages or losses in this respect.

      3. The Exhibitor is required to store its equipment, materials, items and/or any other belongings in an orderly manner to avoid causing any obstruction.

      4. The Exhibitor is expected to dispose of any packaging materials, crates, cartons and related waste. Should the Exhibitor fail, neglect or refuse to do so, HITB shall in its sole discretion instruct its cleaners to clean up its Exhibit
        Space and the costs for the clean-up shall be charged to the Exhibitor.

    8. Advertising, Publicity & Promotional Materials

      1. The Exhibitor is allowed to organise promotional activities in its Exhibit Space provided prior approval has been obtained from HITB and, if required, the relevant government authorities.

      2. At no time is HITB to be treated or considered as endorsing, sanctioning or approving any of the Exhibitor’s products or services. In this respect, the Exhibitor shall not convey or give such false impressions in any promotional
        materials
        either before, during or after the Conference.

      3. HITB reserves all rights to stop any promotional activity or evict any participant.

    9. Tear Down

      The dismantling and tear down of the Exhibitor ’s Exhibit Space shall be subject to the following:

      1. The Conference halls must be handed back to HITB by 9:00PM.

      2. The Exhibitor is allowed to begin dismantling its Exhibit Space beginning 6:30PM and must complete its dismantling by 9:00PM.

      3. Any exhibits, items, materials, and/or equipment which remain in the conference halls 9:00PM onwards will be disposed of immediately in any manner deemed suitable by HITB and any costs of disposal will be charged to the Exhibitor; and

      4. HITB shall not be liable in any way toward the Exhibitor for any loss or damages arising from any disposal or damage to its exhibits, items, materials, and/or equipment and the Exhibitor agrees to waive its rights thereto.

    10. Damages and Dilapidation

      With regards to the condition of the Conference halls:

      1. the Exhibitor is responsible for making good any damage or dilapidation to the exhibition premises (including the Exhibitor’s Exhibit Space), whether caused by itself, its agents, contractors or any other person employed, engaged or
        instructed by it under a contract of service or otherwise;

      2. the Exhibitor is responsible for making good any damage or dilapidation to the exhibition premises caused by visitors to its Exhibit Space;

      3. the Exhibitor shall be entirely responsible for the condition of its booth, exhibits, equipment, materials, items and/or any other belongings. Any damages and/or repair thereto or replacement thereof shall be borne by the Exhibitor
        entirely. HITB shall not be responsible or liable for any damages or losses in this respect unless otherwise agreed by HITB; and

      4. the cost of making good any damages to the exhibition premises (including the Exhibitor’s Exhibit Space) shall be assessed by HITB and charged to the Exhibitor. Such assessment by HITB shall be final and unappealable.

  9. Restrictions for Persons under the age of 18

    For safety reasons, persons under the age of 18 shall not be allowed in the Conference halls during the build up or dismantling.

  10. Entering another Exhibitor’s Exhibit Space

    The Exhibitor shall not be permitted to enter the exhibit space or booth of other exhibitors without invitation.

  11. Hours of Exposition

    1. The Conference shall be open during the following:

      9th May 9:30AM – 7:00PM
      10th May 9:00AM – 6:00PM

    2. The Exhibitor’s Exhibit Space must remain intact and staffed during the above hours. If the Exhibitor is the only person managing the Exhibit Space, it is allowed to take brief breaks.
  12. Delivery of Materials and Belongings

    1. Any and all delivery of the Exhibitor’s materials, items, belongings, and/or equipment should be addressed to:

      Beurs van Berlage
      Damrak 243, 1012 ZJ
      Amsterdam, Netherlands
      +31 20 5304144
      C/O: Hack In The Box – Michael Vasseur (+31 63 977 8750)
      C/O: Hack In The Box – Youri van der Zwart (+31 62 441 4180)

      The delivery should state the sender’s details including the company name, contact person and telephone number (both office and mobile number)

    2. The details of the delivery including courier packages, tracking number and delivery documents should be sent to , , .

  13. Assignment and Re-Assignment of Space

    1. HITB reserves the right to assign space, re-arrange the floor plan and/or relocate any exhibit spaces in the best interest of the Conference taking into account the priorities between exhibitors, their respective requirements and choice of
      locations.

    2. Any disagreement with the initial assignment or any subsequent re-assignment must be conveyed to HITB within SEVEN (7) DAYS of receipt of the notice of space assignment or re-assignment and shall set out
      the
      reasons for the Exhibitor’s disagreement. HITB shall consider the Exhibitor’s reasoning and shall decide whether to proceed with the assignment or re-assignment.

    3. HITB has the sole discretion to decide whether to reconsider or proceed with the assignment or re-assignment, and such decision by HITB shall be final.

    4. If the Exhibitor wishes to cancel its rental of the Exhibit Space, the Exhibitor shall only be entitled to a refund if the cancellation occurs before the commencement of the Conference, after having notified HITB of its disagreement but in
      which HITB decides to proceed with the assignment or re-assignment. In all other situations, the cancellation schedule as set out in
      Clause 16 herein shall apply.

  14. Payment and Method of Payment

    1. Full payment shall be made at latest NINETY (90) DAYS after the end of the Conference. If full payment is not received in full by HITB by the aforementioned due date, HITB reserves all its rights claim against the
      Exhibitor.
    2. Payment shall be made in the following manner:

      1. Wire Transfers: Please send proof of payment by forwarding a copy of the SWIFT receipt and the Wire Transfer form along with the Invoice Number to us via email to conferenceinfo@hackinthebox.org once
        the
        funds have been sent.

        Payments via telegraphic bank transfer should be made in EUR to :

        Account Name: Haxpositie BV
        Account Number/IBAN: 
        NL43 INGB 0006 1735 87
        Bank Name: 
        ING Bank N.V.
        Bank Address: 
        Bijlmerplein 888, 1102 MG Amsterdam, The Netherlands
        Swift Code: 
        INGBNL2A
        KvK Number: 58533907
        VAT Number: 8530-79-456-B01

      2. Credit Cards: Use the Paypal Payment Gateway for Credit Card Payments.
  15. Cancellation of Exhibit Space

    1. The Exhibitor may cancel its Exhibit Space that has been assigned and confirmed by written notice to conferenceinfo@hackinthebox.org

    2. If the cancellation notice is received:

      1. more than SIXTY (60) DAYS before the start of the Conference, the Exhibitor shall forfeit 50% of monies paid to HITB;

      2. less than SIXTY (60) DAYS before the start of the Conference, the Exhibitor shall forfeit 100% of monies paid to HITB.

    3. HITB shall not be liable whatsoever for any cancellations or costs thereof of any other arrangement made in connection with the Conference including but not limited to any hotel reservation, request for the services of official vendors, or
      any other contracted services, subject to Clause 23 herein.

  16. Failure to Attend

    1. In the event the Exhibitor reserves an exhibit space but does not notify HITB in advance that it is unable to attend, the Exhibitor shall forfeit 100% of the total sums paid to HITB in connection with the Conference.

    2. HITB reserves the right to re-assign the Exhibitor’s Exhibit Space on-site to any other Exhibitor.

  17. Use of Non-Contracted Exhibit Space

    1. The Exhibitor is not allowed to use any other exhibit space aside from the one it reserved for any purpose including to display or demonstrate products, processes or services, or distribute advertising materials.

    2. Non-compliance may result in the prompt eviction from the Conference in the discretion of HITB.

  18. Cancellation & Shortening by HITB

    1. HITB reserves the right to shorten and/or cancel the Conference for any reason whatsoever.

    2. In the event the Conference is cancelled:

      1. HITB shall inform the Exhibitor as soon as practicable of such cancellation via email at the email address provided in the Sponsor/Exhibitor Form ; and

      2. all payments made to HITB by the Exhibitor shall be refunded to the Exhibitor, subject to Clause 23.

    3. In the event the Conference is shortened, the Exhibitor shall not be entitled to and HITB shall not be liable to refund to the Exhibitor any sums paid to HITB.

  19. No Guarantee of Traffic and Attendance

    HITB makes no guarantees as to traffic flow, demographic nature, quantity or presumed quality of attendees.

  20. Violation of Terms and Conditions

    1. In the event of any violation as determined by HITB, HITB in its sole discretion reserves all rights to issue any of the following penalties in no particular order:

      1. warning outlining the violation of the terms and conditions;

      2. dismantling and/or removing any display, exhibit, item, drawing, material, equipment and/or property from the Exhibit Space or from the Conference altogether;

      3. requiring that the Exhibitor modify or change any aspect of the Exhibitor’s Exhibit Space;

      4. evicting the Exhibitor or any of its staff from the Conference; and/or

      5. terminating this Agreement.

    2. In dispensing with any penalty, HITB shall not be liable to refund the Exhibitor or compensate the Exhibitor for any losses or damages, whether direct or indirect, including any loss of profits or loss of opportunity subject to
      Clause 23.

    3. Notwithstanding the above, HITB reserves all its rights to take legal action including commencing legal proceedings against the Exhibitor for any losses incurred arising from its breach of this Agreement.

  21. Restrictions

    HITB shall have the sole discretion to prohibit, restrict and remove any exhibit, item, drawing, material, display, equipment and/or property should the Exhibitor fail to abide by its request to do so.

  22. Exclusion and Limitation of Liability

    1. Any liability by HITB, whether arising in contract, tort (including negligence) other otherwise, for any damages, losses, costs, claims or expenses of any kind however arising out of or in connection with the Conference shall be strictly
      limited to the sum of monies paid by the Exhibitor to HITB pursuant the rental of the Exhibit Space for the Conference.

    2. HITB shall not be liable to the Exhibitor for any loss of profit, loss of or damage to data, loss of anticipated earnings, loss of or damage to reputation or goodwill, and/or any indirect, special or consequential damage, loss, costs,
      claims
      or expenses of any kind.

    3. Notwithstanding the above, nothing in this Agreement shall exclude any liability which cannot be limited or excluded by applicable law.

  23. Indemnity

    The Exhibitor agrees to unconditionally indemnify to the fullest extent permissible under the law to and keep HITB and all of its directors, officers, employees, agents and representatives indemnified from and against all losses, damages,
    liabilities, costs (including legal costs and experts’ and consultants’ fees, disbursements and reimbursements on a full indemnity basis), charges, expenses, penalties, actions, proceedings, claims and demands arising out of or in connection
    with
    any act or omission by the Exhibitor, its staff or affiliates.

  24. Relationship between the Parties

    1. The Exhibitor and/or any of its staff are not employees of HITB and HITB shall not be liable or accountable in any way for the acts or omissions of the Exhibitor and/or any its staff, whether vicariously or otherwise.

    2. Nothing in this Agreement shall be construed to imply the existence of a partnership between the Parties or to make one Party the agent or representative of the other Party and no Party shall so hold itself out nor shall any Party be
      liable
      or bound by any act or omission of the other Party.

  25. Governing Law and Dispute Resolution

    1. In the event of any dispute arising from this Agreement, the Parties agree to attempt good faith negotiations to resolve the dispute.

    2. In the course of resolving disputes under this Agreement, the Parties shall so far as practicable continue to perform the terms and conditions of this Agreement that are not in dispute.

    3. This Agreement shall be governed by the laws of Malaysia, and its validity, construction and performance shall be interpreted in accordance with the laws of Malaysia. Provided that if this Agreement would be rendered void solely due to the
      adoption of the laws of Malaysia, this Agreement shall instead be governed by the law which validates this Agreement and, in this respect, the terms of this Agreement shall so far as practicable be interpreted with said law to give a
      similar
      effect as though the laws of Malaysia governed this Agreement.

  26. Entire Agreement

    1. This Agreement embodies all the terms and conditions agreed between the Parties as to the subject matter of this Agreement and supersedes and nullifies in all respects any and all previous or earlier agreements, correspondence, and
      undertakings with respect to the subject matter hereof whether such be written or oral.

    2. Any warranty, representation or other term or condition of any nature not contained or recorded in this Agreement shall have no force or effect.

  27. Severability

    1. In the event any term, condition or provision contained in this Agreement shall be determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining provisions of this
      Agreement which shall continue and be enforceable to the fullest extent permitted by the relevant law.

    2. In such event, the Parties agree that the provisions of this Agreement shall be modified and reformed so as to effect the original intent of the Parties as closely as possible with respect to those provisions that were held to be invalid
      or
      unenforceable.

  28. Electronic Signature

    The Parties acknowledge and agree that the execution of this Agreement by electronic or digital signature shall be effective execution of this Agreement under any and all relevant laws in any jurisdiction to the fullest extent possible.

  29. Non-Exclusivity of Remedies

    1. No remedy conferred by any of the provisions of this Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and
      shall be in addition to every other remedy given hereunder or now or hereafter existing at law, equity, by statute or otherwise.

    2. The election of any one or more of such remedies by HITB shall not constitute a waiver of its right to pursue any other available remedies unless so required by law.