1. Contracting party
finletter und Fintech Week GmbH, Versmannstr. 4, 20457 Hamburg, Germany, registered at Hamburg District Court (Amtsgericht) under the reference HRB 127546, and represented by the directors Caro Beese and Clas Beese, firstname.lastname@example.org.
2. Substance of the contract
finletter und Fintech Week GmbH is the organiser of events. Sponsors receive the opportunity to provide sponsorship related to these events.
To this end, finletter und Fintech Week GmbH offers various sponsorship packages. finletter und Fintech Week GmbH’s offers relating to the various sponsorship packages as outlined in brochures, advertisements, on the internet etc. are – including with regards to pricing – always without obligation and non-binding. A legally enforceable sponsorship contract does not arise before finletter und Fintech Week GmbH has given its express confirmation in writing.
These Terms and Conditions (T&Cs) comprise part of the contract that arises when a sponsoring package is booked and apply to all transactions of a legal nature, and all activities similar in nature to such transactions, carried out in relation to sponsorship between the Sponsor and finletter und Fintech Week GmbH.
The Sponsor’s T&Cs are not applicable within the direct legal relationship with finletter und Fintech Week GmbH. They are not applicable even if the latter does not directly object to them and/or performs its services without objecting to them. This also applies in cases where the Sponsor has prescribed a particular form in which such an objection has to be communicated.
3. Entering into force of the contract
The offer made by finletter und Fintech Week GmbH incorporating all their T&Cs and the acceptance of the same by the Sponsor are decisive for the arising of a legal relationship between the Sponsor and finletter und Fintech Week GmbH.
Any contradictory agreements, one-off approvals and special cases require the written confirmation of finletter und Fintech Week GmbH by email. The acceptance of the offer by the Sponsor must be transmitted in written form by email to finletter und Fintech Week GmbH.
By way of accepting the offer, the Sponsor recognises these T&Cs.
No legal entitlement to receiving an offer exists.
The offer is confined in its effect to the exhibition materials and services referred to in the sponsorship agreement. finletter und Fintech Week GmbH may withdraw from the contract if the agreement has been generated based on false or incomplete information provided by the Sponsor.
The services each side has to perform flow from the sponsorship agreement between the parties, or, as the case may be, the offer made by finletter und Fintech Week GmbH.
finletter und Fintech Week GmbH is obliged to perform the services described in the agreed sponsorship package. The Sponsor is obliged to pay the agreed sum in return.
The Sponsor is obliged to remunerate finletter und Fintech Week GmbH, or a third party appointed by them, for the agreed services. The sum is determined by the offer in addition to 19% VAT.
Immediately after the contract is closed, the Sponsor will receive an invoice by email from finletter und Fintech Week GmbH. Immediately upon receipt of the invoice, the full sum in addition to 19% VAT is due. The Sponsor is obliged to pay the full sum, immediately and without any deductions, at the latest within 14 days, to one of the indicated finletter und Fintech Week GmbH accounts.
If it is agreed that finletter und Fintech Week GmbH will assume responsibility for carrying out advertising for the Sponsor as part of one of finletter und Fintech Week GmbH’s events, then the Sponsor grants finletter und Fintech Week GmbH all necessary non-rescindable, non-exclusive rights to use the company’s name and logo pursuant to preparation, execution and follow-up activities.
The issuance of these rights is limited in scope to the event referred to in the agreement between the Sponsor and finletter und Fintech Week GmbH. Upon the acceptance of the offer and consequent agreement to be bound by these T&Cs, the granting of these rights is considered agreed.
Any changes in the company name and brands that occur after the contract enters into force are to be drawn to the attention of the other contracting party, and the necessary rights are to be granted within 10 days of each party becoming aware of the change.
finletter und Fintech Week GmbH is not obliged to take into account data that are not sent in time, unless this is possible without expending any additional technical effort. Unless the latter is the case, the Sponsor’s entitlement to performance lapses without any reduction in remuneration owed or any recourse to compensation.
The Sponsor expressly declares that he/she is the owner of the copyright and intellectual property rights of the submitted data and guarantees that all information submitted with regard to the submitted data is truthful. Moreover, the Sponsor guarantees that none of the data he/she submits infringe upon the rights of third parties or are unconscionable.
The precise placement of logos and other data relating to the Sponsor is determined by the judgement of finletter und Fintech Week GmbH, unless an express written agreement with finletter und Fintech Week GmbH has been entered into.
7. Data transmission and use
The Sponsor acknowledges that finletter und Fintech Week GmbH is permitted, within the confines of data-protection regulations, to store the data relating to the Sponsor for the purposes of automatic processing and, insofar as necessary for the performance of the contract, to pass it on to service providers of finletter und Fintech Week GmbH. By accepting the T&Cs, the Sponsor agrees to this.
Any use that exceeds this, in particular selling this data to, or sharing it with, third parties by finletter und Fintech Week GmbH, is forbidden unless it takes place in the manner outlined previously or the Sponsor has given their express consent for such sharing or sale of their data.
The Sponsor can object to the storage and use of data relating to them at any time and without having to give reasons: email@example.com. This can, however, obstruct finletter und Fintech Week GmbH from fulfilling its contractual obligations. Liability on the part of finletter und Fintech Week GmbH and claims to compensation are expressly excluded in this case.
8. Cancelled events
finletter und Fintech Week GmbH is entitled to withdraw from the contract if the event – regardless of the reason – is not carried out. In this case, the Sponsor will be refunded any payments that he/she has already made. Any compensation claims in excess of a full refund are excluded.
Where force majeure or other compelling reasons for which finletter und Fintech Week GmbH bears no responsibility cause an event to be cancelled, finletter und Fintech Week GmbH is also entitled to postpone, shorten, lengthen or cancel an event temporarily, completely or partially. In this case, the Sponsor has no claim to withdrawal from the contract, reduction of the price, or compensation.
Any liability for compensation on the part of finletter und Fintech Week GmbH, its constituent bodies, representatives or agents is excluded. This does not apply in cases of intent or negligence, or injury to life, to the human body or to health, or in the case of culpable violation of fundamental contractual obligations. In cases of negligent violation of significant contractual obligations, the liability of finletter und Fintech Week GmbH, its constituent bodies, representatives and agents is limited to typically foreseeable damage.
All and any claims against finletter und Fintech Week GmbH must be made in writing.
10. Good conduct and confidentiality
Each party undertakes to inform the other of all circumstances that may be affect the performance of obligations arising from the agreement.
They are obliged to treat the agreement confidentially, even when the contractual relationship has expired.
Both parties are entitled to terminate the contract for cause without notice. The termination must be communicated in writing, via email. Recourse to terminate for cause is available in particular where one contracting party has culpably violated a substantial contractual obligation despite a previous warning.
12. Final clauses and jurisdiction
Any amendment or addition to, or rescission of the whole or part of, or agreements that conflict with, the agreement concluded between the parties, including these T&Cs, must be done in writing. Claims between the parties arising from, or associated with, the agreement can only be transferred to a third party with the written consent of the other party to the agreement.
Should one or several clauses within these Terms and Conditions be partially or entirely invalid, or should the contract be incomplete, the validity of the remaining clauses or parts of the affected clauses remain unaffected. The invalid or void provision is to be considered replaced by an equivalent provision, the spirit of which comes as close as possible to the original intention of the parties. The same applies to unintended omissions.
The contract is concluded exclusively under German law. The agreed place of jurisdiction for all conflicts arising from, or in relation to, this contract is Hamburg, Germany.