We are Winning 10 Ltd trading as Data Center Nation. The following Terms and Conditions apply to all Agreements with Data Center Nation (including any relevant group or associated company and are incorporated into the contract described in the Agreement. These terms also apply to Delegates as defined below:
1. Definitions
(i) “Advertiser” means the Customer as defined below.
(ii) “Agreement” means the agreement DCN enters into with a Customer for any services provided by DCN.
(iii) “Customer” means any party contracting with DCN and includes Sponsors, Advertisers, Delegates and a “Participant” as defined below.
(iv) “DCN” is a trading name of Winning 10 Ltd, a company registered in England with Company Number 14108554, and with registered office address at Brickfields, Unit 204 37 Cremer Street, London, United Kingdom, E2 8HD.
(v) “Delegate” means any person attending an Event on their own behalf or on behalf of or at the invitation of any third party or Sponsor.
(vi) “Event” means a conference, meeting, show, seminar or event of any kind owned and/or operated or organised by DCN and as may be described in the Agreement; “Physical Event” means an Event attended by any number of individuals present in person together at a physical location and “Virtual Event” means an Event attended online by any means by any number of individuals not present in person.
(vii) “Force Majeure” means any cause that is beyond the reasonable control of DCN including, but not limited to: power failure, internet service provider failure, lockout, strike or other industrial action whether or not involving DCN´s own workforce, civil unrest, fire, flood, storms or hurricanes, earthquakes, chemical or biological contamination, disease or pandemic, virus propagation, sonic boom, acts of terrorism, acts of war, governmental action or advice, or any other event that is beyond the control of DCN.
(viii) “Organiser” means DCN.
(ix) “Participant” means an individual that has registered by name with, and who has been accepted by DCN, for attendance at and/or participation in a Virtual Event.
(x) “Party”, “Parties” is a reference to the parties described on the front page of the Agreement.
(xi) “Sponsor” means any Customer, person, firm or company who has made application for and who has been granted display space and/or presence within an Event.
(xii) “Term” (where agreed between the Parties) means the period of time in which DCN shall provide services to the Customer.

2. Payment
(i) DCN shall charge VAT where applicable and at the rate applicable at the earlier of the date of invoice or the time of rendering the service set out in the Agreement.
(ii) All payments must be made in accordance with these Terms and Conditions. Accounts are strictly net, unless otherwise stated.
(iii) Full settlement is required 30 days following receipt of invoice, except where the number of days between the date of the invoice and the date when the service contracted takes place is less than 30 days in which case payment is due immediately.
(iv) DCN reserves the right to charge interest costs and compensation pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and any regulations made thereunder, together with all reasonable costs and charges incurred in recovering sums due to DCN. If the Customer is based in a region outside the legal jurisdiction of this Agreement as provided in clause 23 DCN reserves the right to charge interest at 4% on overdue accounts.
(v) In the event that the Customer fails to meet any payment obligations (whether as to the amounts or date of payment) then DCN reserves the right to terminate the contract with the Customer. The Organiser may at its option resell or reallocate the display space allocated to the Sponsor and will use reasonable endeavours to secure the best resale price in the circumstances. All sums payable to DCN under the Agreement shall become due immediately on its termination, howsoever occurring.
(vi) DCN reserves the right to pass any outstanding debt to a third party and the Customer will be liable for any reasonable costs incurred in order to recover such debt.

3. Force Majeure
DCN shall not be liable for any failure or delay, or if it is prevented from performing any obligations, where its obligations cannot be carried out by circumstances beyond its reasonable control including by Force Majeure. DCN also shall not be liable if it deems necessary to cancel or postpone an Event owing to potential reputational damage or risk to the safety of its staff, agents or contractors or those of any Sponsor or attendees caused by hosting an Event.

4. Data Protection
DCN undertakes to comply with its obligations under the Data Protection Act 2018 and any international implementing laws, regulations, secondary legislation, amendments and re-enactments. DCN´s data protection and privacy policy (which includes provisions for transfers of data outside of the UK and the European Economic Area (“EEA”)) is set out on our website at https://datacenternation.com/privacy-policy/ and as updated from time to time, which updated versions the Customer agrees are incorporated into the Agreement. DCN reserves the right to contact Customers and employees of Customers as permitted under the Privacy and Electronic Communications Regulations 2003 (“PECR”) with regard to the products and services DCN offers. DCN offers every opportunity for a data subject to opt out of communications by using the unsubscribe link included in all marketing and product emails. The Customer (and any employees of a Customer) may also opt out at any time by emailing DCN at:
info@datacenternation.com. By participating in an Event the Customer and any Participants acknowledge and agree the grant to DCN of the right to record, film, live stream, photograph, or capture their likeness in any media now available or in the future developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval or payment. This grant to DCN includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.

5. Limitation of Liability and Indemnity
(i) DCN, its employees or agents shall not be liable for any loss, special indirect consequential or pure economic loss, loss of bargain or goodwill, costs damages charges or expenses, corruption of data or information, theft, damage or (subject to paragraph 5(v) below) injury to persons or property suffered by a Customer, its employees, contractors or agents.
(ii) Information given by DCN about any Event is accurate to the best of its knowledge but does not constitute any warranty or representation by DCN and therefore any mistake or omission will not entitle the Sponsor to cancel stand space booking.
(iii) Whilst DCN shall use its reasonable endeavours to organise and promote all Events in such manner as it considers appropriate, DCN reserves the right to amend or vary the manner and methods of such organisation and promotion and therefore any statements made by or on behalf of DCN as to audience projections or methods or timing of promotion shall constitute only general indications of its promotion and organising strategy and shall not amount to any representation or warranty.
(iv) The maximum liability of DCN for damages under the Agreement shall not exceed the fees/amounts actually paid to DCN thereunder.
(v) The Customer shall indemnify DCN against all damages, costs, claims and expenses incurred by it arising from loss or damage to any equipment or installations at or related to the Event venue (including that of third parties) caused by the Customer or its employees contractors or agents.
(vi) Nothing in the Agreement shall operate to exclude or limit either Party’s liability for: (a) death or personal injury caused by its negligence; (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or any amendment or re-enactments; (c) fraud; or (d) any other liability which cannot be excluded or limited under applicable law.

6. Intellectual Property Rights
(i) DCN retains all Intellectual Property Rights in its website, any derivative works and all its trademarks, and nothing in the Agreement shall be taken to grant to the Customer any right, title or interest in or to such Intellectual Property Rights.
(ii) Title to and ownership of all Intellectual Property Rights of the Customer shall remain with the Customer. Except as expressly provided in the Agreement, nothing shall be construed to grant to DCN any right, title or interest in or to such Intellectual Property Rights.
(iii) Where applicable all literature and other materials prepared by either party in connection with the Agreement shall bear appropriate copyright and trademark notices as prescribed by the Party whose content or branding is included therein. Neither party shall use, register or attempt to register in any jurisdiction, or otherwise appropriate or adopt, any name, mark or logo that is confusingly similar to the other Party’s marks and at no time during the Term of the Agreement or thereafter shall either party attack, challenge or file any application with respect to any mark belonging to the other Party.
(iv) The Customer shall indemnify and hold DCN harmless against all costs, claims, damages, losses and expenses arising as a result of any claim or action that any such material displayed at an Event or included in any Advertisement or Whitepaper, the Delivery Materials and/or the Customer’s marks infringe Intellectual Property Rights belonging to a third party.

7. Confidentiality
(i) In the event that a Party receives Confidential Information from the other Party in the course of performance of the Agreement the receiving Party shall protect the Confidential Information against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own Confidential Information of a similar nature, being at least a reasonable degree of care.
(ii) Confidential Information may be disclosed by the receiving Party to its employees, contractors, agents, affiliates and professional advisers, provided the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.
(iii) The obligations set out in this Confidentiality clause shall not apply to Confidential Information which the receiving Party can demonstrate: (a) is or has become publicly known other than through a breach of the Agreement; or (b) was in possession of the receiving Party prior to disclosure by the other Party; or (c) was received by the receiving Party from an independent third party who has full right of disclosure; or (d) was independently developed by the receiving Party; or (e) was required to be disclosed by lawful or governmental authority, provided that (where lawful to do so) the Party subject to such requirement to disclose gives the other prompt written notice of the requirement.
(iv) The obligations of confidentiality in the Agreement shall not be affected by the expiry or termination of the Agreement.

8. Anti-Corruption & Bribery
Anti-corruption laws make it unlawful, among other things, for any Party or anyone acting on its behalf to make or offer payment, promise to pay, or authorise the payment of anything of value to: (i) any officer or employee of, or any person acting in an official capacity for, a government or any department, agency or corporation thereof, or any political party, party official or candidate, or (ii) any person, while knowing that all or a portion thereof will be offered, given or promised, directly or indirectly, to anyone described in (i) above, for the purpose of: (a) influencing any act or decision by such person in his official capacity, or (b) inducing him to use his influence with a government to affect, either by action or inaction, any act or decision of such government to obtain or retain business for any person.  In no circumstances will DCN use any payment or part thereof made by the Parties in breach of any anti-corruption laws, including without limitation to offer, pay or give, directly or indirectly, any bribe or any other benefit to a government official, employee, representative, political party or candidate for political office, in circumstances where such offer, payment or gift would constitute a bribe, illegal or corrupt payment, or kickback under any anti-corruption laws.

9. Cancellation of Sponsorship
(i) If the Sponsor wishes at any time prior to the Event to cancel or reduce the display space allocated to it, then written notice of such wish, stating the reasons for such cancellation or reduction, must be given to the Organiser. Cancellations received 100 days or more prior to the proposed Event start date will be refunded in full. The date of cancellation shall be the date the Organiser notifies the Sponsor in writing that it accepts the Sponsor’s notice.
(ii) The Organiser shall not be obliged to accept the Sponsor’s notice of cancellation or reduction if received less than 100 days prior to the Event but if the Organiser decides to accept such notice then cancellations received:
between 45 and 99 days prior to the proposed Event start date will be subject to a 50% cancellation fee of the total amount, or
less than 45 days before the Event start date will be non-refundable.
(iii) In the event that the Organiser accepts the Sponsor’s notice of cancellation or reduction of promotional value, or in the event that the Organiser terminates the contract with the Sponsor for whatever other reason, the Organiser shall have the absolute discretion (but without prejudice to any other right or remedy available to the Organiser and without being under any liability to refund or reduce any payments due under these Terms and Conditions) to reallocate or resell the display space allocated to the Sponsor and to apply the aforementioned cancellation charges.
(iv) The Sponsor hereby acknowledges that the percentage cancellation fees stated in this clause 9 represent reasonable compensation for the costs and losses incurred by the Organiser as a result of the Sponsor’s cancellation and that such fees do not represent a penalty.

10. Sponsor’s Representative and Passes
(i) In order to ensure only authorised persons access the Event areas, the Sponsor and its personnel and contractors will be issued with non-transferable passes. No admission to the Event areas will be allowed unless this pass is presented.
(ii) A limited number of complimentary passes may be granted to the Sponsor as part of the Agreement. Any company representation requested over and above the number of allocated passes will be charged at the full delegate pass rate for that specific Event.
(iii) The Sponsor must supply to the Organiser the name of the person(s) chosen to represent them in the installation, operation and removal of displays and those who will be present at the Event to operate stands or present seminars, no later than one calendar month prior to the start date of the Event.
(iv) In addition to the above the Sponsor will receive as part of the sponsorship package, a number of complimentary ‘end-user’ passes. To qualify for one of these tickets the individual must not already be registered for the Event or be on the Organiser´s paying delegate pipeline. Vendors, resellers and sponsor sales staff do not qualify. The name and full registration details of each of those chosen individuals must be supplied no later than one calendar month prior to the start date of the Event. Failure to provide this information will entitle the Organiser to exercise its right to reallocate these tickets within its own channel.
(v) Entry to the Event is solely at the discretion of the Organiser.

11. Duration of Event
Details of the Event timetable during each day are given in the Organiser’s Event manual. During these times stands must be adequately manned by the Sponsor’s staff with the exhibit fully set up and not covered up. The Sponsor must be ready and able to conduct business during the Event hours.

12. Attendance
(i) The Sponsor acknowledges that the Organiser shall not be held responsible for the failure of all or any other connected Sponsors to attend the Event or the failure of any number of attendees to attend the Event.
(ii) Any Event Display Space Contract or any acceptance thereof by the Organiser shall not be conditional on the presence or location of any other Sponsor at the Event or any other Event.
(iii) All Delegates are bound by these Terms and Conditions.

13. Exclusion of Personnel
(i) The Organiser reserves the right in its absolute discretion to exclude or remove from the Event any person whose presence the Organiser reasonably determines is or is likely to be disruptive or to create a safety or security hazard.
(ii) The Organiser may exercise its rights notwithstanding that any such person is the employee, agent or contractor of the Sponsor or otherwise in any way connected or associated with the Sponsor.

14. Undesirable Activities
(i) If it appears to the Organiser that the Sponsor may be engaged in activities which are deemed contrary to the best interests of the Event or which appear undesirable, unethical or to be in breach of the law, the Organiser may, without being under any liability to refund or abate any charges paid or due herein, cancel any display space allocation which may have been made to the Sponsor and require it forthwith to vacate the display space allocated to it and refuse the Sponsor the right to participate further in the Event.
(ii) Canvassing for orders, except by the Sponsor on its own stand in the normal course of its business is strictly prohibited and in any such case the right of expulsion referred to in paragraph 13 (i) above may be exercised at any time including immediately. The distribution or display by the Sponsor of printed or other placards, handbills or circulars or other articles except by the Sponsor on its own display space is prohibited, except by prior written agreement with the Organiser.
(iii) The Organiser reserves the right to reject any presentations it deems to be sales or marketing oriented or those containing specific product demonstrations.

15. Fire Precautions
All materials used for building, decorating or covering stands or displays must be of non-flammable material. The Sponsor must comply with all instructions given by the relevant authorities to avoid the risk of fire or any other risk.

16. Compliance with Regulations
The Customer shall abide by and observe all requirements, laws, rules and regulations whether imposed by the Organiser, the proprietors or managers of the Event building, or any municipal or other competent authority.

17. Electric Lighting and Power
(i) In the event that official contractors are appointed by the Organiser to carry out electrical work, the Sponsor shall be responsible for settling all accounts for electrical work carried out on and for electrical current consumed by the Sponsor’s stand or display area with the contractor.
(ii) The Sponsor shall ensure that all electrical installations on its stand space and all exhibits comply with any statutory or local regulations or requirements to which the Event may be subject. Any direct light, projected light, or images, and any sound from an electrical device must be screened shielded or attenuated in such a way as to avoid causing nuisance or discomfort to visitors and other Sponsors.
(iii) The Sponsor agrees to indemnify the Organiser against any cost or expense it incurs in connection with the provision of electrical work as contemplated by this paragraph 17 and/or the failure of the Sponsor to meet the obligations set out herein.
(iv) DCN accepts no responsibility for loss or damage howsoever caused as a result of any failure in the primary supply to any Event.

18. Insurance
(i) By signing the Agreement, the Sponsor undertakes to carry public liability insurance against personal injury, death or damage to or loss of property by any cause whatsoever in connection with its attendance at the event. If proof in writing of such insurance is not received by the Organiser from the Sponsor at least one month before the Event commences, the Organiser without being under liability to refund or abate any charges paid or due herein, may cancel any allocation of display space to the Sponsor and shall be entitled to resell or reallocate such space.
(ii) The Sponsor shall also ensure that it has full indemnity insurance against the usual risks in respect of all loss, damage or injury to goods and persons.

19. Cancellation or Change of Location or Date of Event
(i) In the event that by reason of any event outside the Organiser’s reasonable control (including, without limitation, any Force Majeure event) the Event or any part thereof is prevented from being, or in the Organiser’s reasonable opinion cannot be, held in a particular location or on a particular date the Organiser shall be entitled in its absolute discretion to cancel, relocate or change the date of all, or any part of the Event or reduce the planned period for preparation, display or dismantling of the Event. If the Event is cancelled then (in the absolute discretion of the Organiser) payments made by the Sponsor may be refunded in full or re-credited in full against further DCN products or services of equal value.
(ii) Any refund shall be such proportionate share of the balance of the aggregate exhibit fees received by the Organiser in relation to the Event. In no case shall the amount of any refund to the Sponsor exceed the amount paid by the Sponsor.
(iii) The Organiser further reserves the right to change the format, location and schedule of any Event day including (but not limited to) the speaker line up, topic changes and session times as speakers are invariably representatives of commercial companies who may be called upon to perform other duties for their employer over and above their commitments to the Organiser.
(iv) The Organiser may make changes to the layout of the Event between the date when the Agreement is entered into and the date when the Event is held. Accordingly, matters including (but not limited to) the allocation of a stand number or description of a particular position on the plan for the layout of the Event is provisional and subject to alteration.
(v) The Sponsor hereby agrees that there will be no further claim (whether for damages or otherwise) against the Organiser.

20. Virtual Event Content
The Participant acknowledges and agrees that DCN, in its sole discretion, reserves the right to change any and all aspects of the Virtual Event, including but not limited to: the Virtual Event name, themes, content, programme, speakers, performers, hosts, moderators, venue, and time. Virtual Event content shall be recorded by DCN and will be accessible to the Customer/Participants/any third party on payment of such fee as DCN shall determine.

21. Validity and Enforceability
(i) This Agreement is made solely for the benefit of the parties to it and other than in the case of a Group, associated or affiliate company of a Party, is not intended to benefit, or be enforceable by, any other person, however DCN reserves the right to assign, transfer or novate the rights and obligations pursuant to the Agreement to another DCN entity or a third party and in any event as far as possible on the same terms as the Agreement.
(ii) If any provision (or part of a provision) of the Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
(iii) If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
(iv) Unless specifically provided otherwise, rights arising under the Agreement are cumulative and do not exclude rights provided by law.

22. Entire Agreement
(i) The Agreement and these Terms and Conditions contain the entire agreement between DCN and the Customer and may not be changed orally.
(ii) No alteration, addition, amendment or waiver to the Agreement shall be binding on either Party unless in writing and signed by both Parties by a person duly authorised to do so.
(iii) Terms and Conditions on the Customer´s and/or Agent’s orders will not be recognised as binding.

23. Governing Law and Jurisdiction
The Agreement and these Terms and Conditions shall be construed in accordance with English law and the Parties hereby irrevocably submit to the exclusive jurisdiction of the English courts.