General Terms and Conditions regarding publications from the Media Package Manager in events organized by Indexport Messe Frankfurt SA.
Last updated on July 1st, 2020.
General Information
Additional services as defined in these General Terms and Conditions mean the publication of e.g. logos, texts, images, additional product groups, links, advertisements, supplements, and bookmarks in the official print media (printed and digital versions of catalogues and/or guides) and in the online media (event website and event app) for the respective event. These General Terms and Conditions complement the Regulations / Specific Terms and Conditions that the exhibitor is aware of and has accepted by signing the Participatation Offer in the exhibition.
By placing an order for additional services over and above the scope of services in the Obligatory Media Package for the respective Indexport Messe Frankfurt SA (MFA) event, the exhibitor accepts the General Terms and Conditions and, in consequence, agrees to the publication of the data he will be submitting. These conditions apply exclusively. Any Client Terms and Conditions conflicting with or deviating from these General Terms and Conditions shall not be recognized, unless MFA has explicitly agreed to them in writing.
1. Orders
(1) Orders must be placed via the Media Package Manager application (hereinafter MPM). Each order placed applies solely to the event specified there.
(2) No contract will be concluded between the Client and MFA until the Client receives confirmation of the order from MFA.
(3) Subsequent verbal agreements and changes to the order will only become legally binding after express confirmation by MFA.
(4) Only event-related exhibition goods may be submitted for entry in the print and online media.
(5) Stating any kind of price information with any of the additional services is not permitted in the print or online media.
(6) Clients who have not been registered as exhibitors with MFA will be excluded from publication in the print and online media. Advertising orders from non-exhibitors will only be accepted with prior agreement from MFA.
2. Terms and additional services
(1) Additional services for the event's website will be posted online no later than three weeks before the event, as long as the Exhibitor has uploaded all the necessary information before the deadline. The information received thereafter will be published on line before the event starts, if possible. Information on the event website will be displayed until the online exhibitor and product search for the subsequent event is updated. MFA will determine the date of the update.
3. Data the client must provide
(1) When placing an order, the data required from the Client for the print media (e.g. texts, logos, images, advertising data) must reach MFA at latest by the submission deadline specified for the MPM.. If the Client fails to submit the necessary data in due time and after a reasonable extension period set by MFA has fruitlessly expired, MFA is no longer obligated to fulfill the Contract. Orders or data received by MFA after the respective submission deadline will be included in the catalogue supplement if possible, under the same conditions, or published in the online media.
(2) The Client is responsible for the accuracy, completeness and legal admissibility of all information and data the Client sends to MFA.
The use of data belonging to third parties requires their consent; the Client is assumed to have obtained this when placing an order with MFA. If executing the Client's order infringes the rights of third parties, in particular copyrights, trademarks or competition rights, the Client alone is liable. This also applies to rights to internet domains and to the content and design of homepages and websites. In this context, the Client indemnifies MFA against all claims by third parties due to such infringement. This indemnity also includes reimbursing costs MFA may incur through prosecution/legal defense.
(3) MFA reserves the right to change the sorting specified by the Client according to systematic criteria. Sorting must be directly related to the exhibitor name that appears in the print and online media.
(4) To ensure the uniform appearance of typeset, MFA will make the final decision in questions of design (text structure, font, size, graphics). Requests to place content in a specific position can only be considered if this is possible from a production point of view.
4. Discontinuation of additional services due to infringement
(1) If MFA is informed of any possible infringement in the Client's information or materials (data) – and thus the Client’s appearance in the print or online media – MFA will fulfill its verification obligations. If, following legal examination of the factual and legal situation, MFA concludes that there has been an infringement,it will immediately notify the Exhibitor, and MFA may suspend all further relevant services and block the Exhibitor from the online media involved.This shall not provide grounds for a price reduction or reimbursement of costs; claims for damages are excluded. The same shall apply if MFA learns of any infringement in the Client's data through a court decision.
5. Messages from users
(1) The Client hereby agrees to receive e-mail inquiries from users via the online media. MFA is not responsible for data, information, or content used by users and in this context excludes any liability.
(2) The Client is prohibited from using the addresses, contact information, and e-mail addresses obtained through the use of the online media for any purpose other than contractual and pre-contractual communications. In particular, the Client is prohibited from sending any commercial advertising or unsolicited advertising (spam) with this data.
6. Withdrawal
(1) Should the Client cancel or reduce orders the Client has already placed, or fail to comply with MFA’ technical formatting specifications for the submitted data, MFA is entitled to demand a processing fee of up to 100% of the order value, without providing further evidence of the damages.
(2) MFA reserves the right to withdraw from the Contract if – according to the best judgment of MFA – the data submitted by the Client for the additional services infringes laws, official regulations or public decency, if publication is unacceptable for MFA, or if the Client is in default of a payment due for previous or ongoing orders.
(3) MFA may also withdraw from the Contract if the data submitted by the Client include references to products or services which are in competition with the services offered by the Messe Frankfurt Group.
(4) The Client will be informed immediately if an order is canceled.
7. Force Majeure
(1) Both contracting parties shall be released from the contractual obligation insofar as the service is not possible as a result of force majeure or similar events or cannot be reasonably expected in view of the totality of circumstances. Force majeure denotes an external, unforeseeable event for which no operational connection can be demonstrated, and which could not have been prevented, even with the highest level of care that could reasonably be expected. A case of force majeure exists, in particular, in the event of natural disasters (e.g. earthquakes), war, terrorist attacks, epidemics, pandemics, travel restrictions, administrative orders and bans/prohibitions, embargoes, raw material shortages, and lack of transport options. A similar circumstance is every event that is outside of the controllable sphere of influence of the parties and is also not preventable or foreseeable with the highest level of care that can reasonably be expected. Such an event is present in particular with forms of industrial action and when there are other operational interruptions or disruptions for which the respective party cannot be held responsible.
(2) If the service cannot be provided due to force majeure or similar events, then each party shall be responsible for its own costs incurred up to this point. Claims for damages by the parties for non-performance, in particular damages due to lost profit, shall be excluded insofar as the non-performance is due to force majeure or similar events.
8. Prices and payment conditions
(1) The respective prices are shown on the MFA order form in the MPM.
(2) Prices exclude VAT.
(3) Invoices are payable immediately after billing. MFA will invoice as soon as the order is placed by the exhibitor and must be paid before the start of the exhibition. There are no discounts for early payments. If the invoice is not rejected within 48 hours of receipt by notifying MFA, it will be considered accepted.
(4) Payments to MFA must be made to the following bank account:
Bank: HSBC BANK ARGENTINA S.A.
Beneficiary: Indexport Messe Frankfurt S.A
Current Account Nº: 634-320778-8
Agency: SAN ISIDRO (N° 634)
C.B.U.: 1500634100063432077882
Send receipt of payment to e-mail: cobranzas@argentina.messefrankfurt.com
Write check/s to Indexport Messe Frankfurt S.A. and deliver them to our office, located at Mariscal Antonio José de Sucre 1530 Piso 7, C1428DUT – Ciudad Autónoma de Buenos Aires. Otherwise, collection charges are to be paid by the exhibitor.
9. Warranty
(1) If there are errors in the published data, these must be reported to MFA in writing within 7 days of publication. Notifications of errors received thereafter will not be considered by MFA;
(2) If the additional services ordered have not appeared in the print media in full or in part, or have appeared in a modified form (that is, different from the data submitted by the Client), the Client has no right to supplementary performance, and in particular no right to a reprint, or to the insertion or dispatch of errata. For fee-based publications in the print media, the Client is entitled to a reduction in the invoice total.
10. Liability
(1) MFA is not responsible for information provided by the Exhibitor or damages that may result from the Exhibitor's published information.
(2) MFA's liability is limited to the amount payable for the order in question.
(3) Postponement of the publication date of the relevant print media does not entitle the Exhibitor to make claims for damages or for any reason whatsoever.
11. Place of performance and place of jurisdiction
All communications from the parties shall be made to the e-mail addresses of the persons they indicate as their authorized representative. Such communications shall become effective the day after the receipt of the corresponding confirmation of delivery. These Terms and Conditions shall be governed and interpreted in accordance with the Argentine Legislation and the Tribunales Ordinarios of the Autonomous City of Buenos Aires and shall be competent, expressly waiving any other jurisdiction that may correspond. The Parties shall constitute for all purposes an address for service stated in the Participation Offer, where all judicial or extrajudicial notifications shall be valid.
Indexport Messe Frankfurt SA
Mariscal Antonio José de Sucre 1530 Piso 7
C1428DUT – Ciudad Autónoma de Buenos Aires
República Argentina