TERMS AND CONDITIONS
Application and entire agreement
These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Sam Harrison trading as DMevents - Discos & Magic of 77 Old Street, UK, BS216BT (we or us) to the person buying the services (you).
You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
A "business day" means any day other than a Saturday, Sunday or bank holiday.
The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
Words imparting the singular number shall include the plural and vice-versa.
We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
All of these Terms and Conditions apply to the supply of any goods/hire as well as Services unless we specify otherwise.
You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
If you do not comply with clause 10, we can terminate the Services.
We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees and Deposit
The fees (Fees) for the Services are set out in the quotation and are on a time, equipment and materials basis.
In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
You must pay a deposit ("Deposit") as detailed in the quotation within 2 day of acceptance.
If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination).
The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).
Cancellation and amendment
We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 21 days from the date of the quotation, (unless the quotation has been withdrawn).
Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
We will invoice you for payment of the Fees either:
when we have completed the Services; or
on the invoice dates set out in the quotation.
In cash on the day of service.
You must pay the Fees due within 21 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
Time for payment shall be of the essence of the Contract.
Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 3.9% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
Receipts for payment will be issued by us only at your request.
All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-Contracting and assignment
We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
We can terminate the provision of the Services immediately if you:
commit a material breach of your obligations under these Terms and Conditions; or
fail to make pay any amount due under the Contract on the due date for payment; or
are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
any indirect, special or consequential loss, damage, costs, or expenses or;
any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party's control
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
Notices shall be deemed to have been duly given:
when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
on the fifth business day following mailing, if mailed by national ordinary mail; or
on the tenth business day following mailing, if mailed by airmail.
All notices under these Terms and Conditions must be addressed to the most recent address, email address notified to the other party.
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.
TERMS AND CONDITIONS OF DISCO BOOKING
Glossary: “The Customer” - The name of the customer is the name to whom the written confirmation has been addressed to.
“Discos & Magic" - The disco carrying out the booking, address and contact details as stated in written confirmation letter.
1. By agreeing to these terms and conditions, the customer is also accepting these terms and conditions set within. These terms and conditions were correct as at 5th March 2016.
Discos & Magic will provide disco services as set out in the written confirmation letter. The customer should inform Discos & Magic immediately if(i) any of the details of the booking are incorrect or (ii) if any of the details of the booking have changed. Contact details for Discos & Magic are supplied in the confirmation letter.
3. The cost for the event is set out in the confirmation letter in accordance with the hours of performance also stated. After the initial deposit amount as set out in the confirmation letter has been paid, the remaining payment must be made in full on the day of the booking either before or at the start time of the booking stated in the confirmation. No credit terms will be entered into.
Discos & Magic reserve the right not to make refunds or part-refunds including deposits. If services are provided outside of the performance times stated in the confirmation letter then these are re-charged to the customer at £30 per hour or part thereof, for additional time prior to the performance or £60 per hour or part thereof, for additional time after the confirmed finish. Any decision on performance time given in gratia will only be made by Discos & Magic on the night of the event/show.
4. Discos & Magic reserve the right to refuse to use any power source that looks unfit to use.
5. Discos & Magic prides itself on being a highly professional reliable service with a key focus on providing excellent services to our customers. Consequently we do not act as an agent or sub-contract out disco bookings to other mobile disco's. However if any highly unlikely unforeseen event such as a serious accident, illness, or death prevents Discos & Magic from providing the services as laid out in the confirmation letter, Discos & Magic has emergency reciprocal arrangements with other local disco's to make arrangements for your booking to be covered at the same cost quoted in the confirmation letter. Discos & Magic will contact the customer immediately if any of these extremely rare and unfortunate events occur.
5.1 Force Majeure - Discos & Magic will not be liable for failing to attend a booking, where the reason for non-attendance or late arrival is caused by adverse weather conditions (including Snow & Flooding), road closure, road traffic accident, vehicle breakdown, fuel shortages, acts of terrorism, industrial action, or other unavoidable circumstances deemed beyond our control.
6. No other person other than an employee of, or invited guest of Discos & Magic will be permitted to use any of the equipment owned and operated by Discos & Magic. No third parties (including “guest” DJ's, MC's, singers or bands) are permitted to use Discos & Magic equipment for primary or secondary amplification. If a guest uses Discos & Magic equipment uninvited and/or without permission of Discos & Magic staff and subsequently causes damage to Discos & Magic equipment then Discos & Magic will pursue any costs incurred as a result of repair or replacement from the customer.
7. We believe wholly that the customer and their guests should relax, have fun, and be free to enjoy their evenings entertainment without fear of intimidation, threatening behaviour or verbal and/or physical aggression. Also our staff are entitled to work without fear of intimidation, bullying or threatening behaviour. Therefore Discos & Magic reserve the right to stop proceedings if any incident arises that threatens the safety of our customer, their guests and/or our staff. If the customer wishes for the event to continue then this will be charged at £60 per hour or part thereof between the time of the incident and the finish time stated in the confirmation.
8. The Client shall have the right to cancel the booking by serving upon Discos & Magic not less than 28 clear days notice in writing. In the event of the client wishing to cancel this contract agreement for any reason other than Act of God or National Disaster, any advance reservation payment will be forfeited.
8.1 A cancellation fee of not less than 50% of the agreed fee will be due if the cancellation is within fourteen days of the performance.
8.2 A cancellation fee of not less than 75% of the agreed fee will be due if the cancellation is within seven days of the performance.
8.3 The whole of the agreed fee will be due if cancellation is within 48 hours of the performance.
9. The hirer will appreciate that suitable time for venue access, safe installation and dismantling and safe removal of equipment from venue is required in addition to performance time. The Table time for the installation and dismantling and removal of disco equipment (up to 60 minutes each side of the booking times). Where appropriate, the hirer will also inform the venue, in advance, of artiste(s) requirements. Please note: Discos & Magic shall not be liable for any additional charges levied to the client by the venue in relation to equipment assembly / removal timescales.
10. The hirer will inform Discos & Magic prior to performance date confirmation of venue sound limiter installation. Please note: Discos & Magic reserve the right to decline entertainment at venues with sound limiter installed.
11 The hirer agrees to provide adequate supervision of guests and will ensure that venue management adequately supervises customers and or staff on site premises. Please note: Where the function may include guests under the age of 16 years, the client, (or parent) is responsible for the behaviour and safety of any minors attending the venue. The client will provide and maintain adequate adult supervision at all times.Discos & Magic will not be liable for the supervision of minors.
11.1 Unwarranted Abuse or threatening behaviour from hirer’s guests or venue management or venue staff will not be tolerated and will result in the performance being terminated with no loss to the artiste(s) or Discos & Magic.
11.2 The hirer agrees that compensation for any loss of or damage to performing artists(s) equipment, vehicle(s) or personal belongings caused by hirer’s guests, venue customers and or venue staff may be sought including any additional costs.
12. Discos & Magic will accept music lists and requests in advance of functions and will endeavour to play a reasonable number of the clients' chosen requests, provided such requests are submitted in writing before the event. The client also agrees that Discos & Magic cannot guarantee the inclusion of any difficult to source, obsolete or deleted titles either requested at the event or previously notified.
13. Where the venue does not have its own parking facilities, Discos & Magic reserves the right to pass on any additional parking fees for refund by the hirer. Please note: that in accordance with Health and Safety laws, Discos & Magic will refuse to work at venues where illegal or hazardous parking is required in order to unload vehicle. This also applies to general health and safety concerns within the venue such as navigating cluttered or unlit stairways and exits.
14 Where Discos & Magic is engaged to work alongside a band, (or other entertainer) it is the client’s responsibility to ensure that adequate space exists within the venue for both entertainers to set up their equipment and that separate power outlets exist. See 9.1
15 Where the event is being held in a marquee, the hirer will ensure that the work area is dry and that a minimum of 2x 13A power sockets are located within 8 Metres of this area. Please note: Bad Weather or impending bad weather on the day will not allow Discos & Magic or contracted artiste(s) to commence entertainment out-doors under any circumstances. Discos & Magic accepts no responsibility for damage to electrical equipment if caused as a result of working in inappropriate weather conditions.
(u) In paying deposit I am signing the contract, I agree that I have read the Terms and Conditions of hire and acknowledge booking details contained herein are correct.
Please Note: by completing and sending the deposit, you agree that you are making a confirmed booking and entering into a contract which carries your acceptance, in full, of the booking terms.
Thanks for reading.
© Discos & Magic, North Somerset 2014