General
1. These terms and conditions apply to all offers and agreements made by The Next Speaker for the engagement of one or more Speakers/Specialists, or for the organisation or arrangement of a meeting, congress, event or production. In these Terms ‘Speaker, Specialist’ is defined as: the person hired by the Client.
2. The Next Speaker negotiates between the Client and Speaker/Specialist for one or more appearances or activities by the Speaker/Specialist, without accepting responsibility for the quality or content of the Speaker/Specialist’s contribution and/or for the Speaker/Specialist itself.
3. Any deviation from these General Terms and Conditions shall only be permitted in case of written agreement by all parties.
Offer
4. An agreement comes into existence when the Client has accepted an offer made by The Next Speaker. To confirm this agreement, The Next Speaker will send the Client an agreement that will be signed and returned within five days of receipt.
5. Should the Client request additional work from the Speaker/Specialist which is not enclosed in the Agreement, the Client will be charged separately for this work by The Next Speaker. In these Terms ‘additional work’ is defined as: all services and deliverables arranged by The Next Speaker other than the mentioned services and deliverables in the agreement.
Prices and payment
6. All prices exclude all taxes, travel, accommodation and expenses, unless otherwise mentioned.
7. The Client must pay the full fees that are agreed upon within 10 days prior to the first date of appearance. Payment shall be made directly to The Next Speaker. The Speaker/Specialist is not authorized to accept payment on behalf of The Next Speaker.
8. Should the Client be late or fail completely to make payment, then the Client shall be held negligent by law. The Next Speaker is then authorized to discontinue all obligations agreed upon in the agreement or to wholly terminate the agreement. The Next Speaker withholds the right to receive the redress of any damages or claims.
Conditions permitted to the performance of the Speaker/ Specialist.
9. The Client shall make sure that the venue is appropriately lit and ventilated, and shall be suitable for Speaker/Specialists presentation. The Client shall fully indemnify Speaker/Specialist against any injury or damages arising out of or as a result of the event.
10. The number of people attending the meeting, as mentioned in the agreement, is binding. If the number of attendees exceeds this number, The Next Speaker has the right to either cancel the engagement or to attach further Terms and Conditions.
Absence of the Speaker/Specialist
11. If the Speaker/Specialist has to withdraw from the speaking arrangement due to sickness, an emergency, an important engagement, professional responsibility or other unforeseeable circumstances, The Next Speaker shall:
-Reschedule the performance in consultation with the Client, or
-Provide a substitute of equal skill to the Speaker/Specialist in consultation with the Client, in which case the possible higher or lower fees shall be discussed with the Client beforehand; or
- if The Next Speaker and the Client cannot come to an agreement, it will be agreed to terminate the agreement with refund of any payments paid in advance.
12. If Speaker is delayed for reasons beyond his control, and gives the full presentation at a later time that day, the fees and Speaker’s expenses shall be due in full.
13. The Next Speaker shall not be held accountable for any damages as a result of the absence or the delay of the Speaker/Specialist, with or without valid reason.
Cancellation
14. The Client is allowed to cancel the Agreement partially or in full before or at the latest on the first agreed date of appearance, in which case he will owe the following cancellation costs:
– If notice from the client is received by The Next Speaker 20 days or less prior to the first date of engagementt: 100% of the agreed fees.
- If notice from the client is received by The Next Speaker more than 20 but 30 days or less prior to the date of the first date of engagement; 75% of the agreed fees.
-If notice from the client is received by The Next Speaker more than 31 days prior to the first date of engagement; 50% of the agreed fees.
15. The Next Speaker is justified to terminate the agreement immediately when the Client:
– Falls short of his duties.
– Files for bankruptcy or is filed bankrupt.
– Applies for an official moratorium or receives suspension of payment.
– Sells his business or liquidates it.
16. Cancellation of the agreement must take place in writing.
Other Conditions
17. The Next Speaker is allowed to mention all assignments in The Next Speaker Update, The Next Speaker’s newsletter and The Next Speaker’s Calendar, including Client and the Speaker’s names, unless the Client explicitly requests not to be mentioned.
18. Information on the website of The Next Speaker, including photo material, may be used by the Client to promote the event. The Next Speaker can provide extra material (photographs, press folder) if available. The conditions shall be agreed upon separately.
19. No recordings (sound or video) shall be made during the Speaker/Specialist’s contribution, without The Next Speaker’s express prior written consent on the Speaker/Specialist’s behalf.
20. Speaker’s name and likeness may not be used as an endorsement of any product or service or for any advertising or other commercial purpose other than the event itself, without The Next Speaker’s express prior written consent on Speaker/Specialist’s behalf.
Prohibition to do business directly
21. The Client is not allowed to do any business directly with the Speaker/Specialist, without intervention of The Next Speaker for 18 months after the Agreement is signed.
Liability
22. In case of deficiencies in fulfillment of the Agreement, the Client will notify The Next Speaker by registered mail within reasonable period after discovery, but no later than 5 working days after the first date of the Speaker/Specialist’s engagement.
23. The Next Speaker accepts no liability to third parties for damages of any kind, regardless of the cause, unless the damages are due to intention or gross negligence of The Next Speaker.
24. The Client shall safeguard The Next Speaker from claims made by third parties following the execution of the agreement.
25. Any liability of The Next Speaker is limited to the agreed amount as stated in the Agreement.
Disputes
26. This Agreement shall be governed by the laws of The Netherlands.
27. All disputes arising out or in connection with this Agreement, including collection of all fees, shall be settled by binding arbitration held in Amsterdam, the Netherlands in accordance with Dutch law.