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Terms and Conditions
1. DJ and
Disco Hire (The Website) is owned by IFS Portsmouth Ltd
(hereafter known as 'The Company').
2a. Any person
or organisation transacting business with or engaging
services from The Company shall hereafter be known as 'The
Client'.
2b. Any
person, persons or entertainment supplied by The Company
shall also be known as 'The Artiste'.
2c. Any person
authorised by The Company and acting for or on behalf of The
Company in an official capacity shall be known as an 'Agent'
for The Company.
3. Persons or
organisations seeking services or transacting business with
The Company shall do so by entering into a Contract for
Services (also known as a 'Booking').
4. For the
purpose of a Booking The Company does not recognise any
party other than The Client. For the avoidance of doubt, if
The Client is acting as agent for another party the Company
will not be held responsible or liable to any party other
than The Client with whom the contract exists.
4. Bookings
placed with The Company must be accompanied by a deposit. A
booking will only be deemed 'placed' after the requisite
deposit is received by The Company.
5. Upon
receipt of the requisite deposit a receipt will be issued by
The Company detailing the arrangements for the Booking. In
the event that a misunderstanding has caused an error in the
Booking said error must be brought to the attention of The
Company within 48 hours of receipt of confirmation. Beyond
this time the Booking shall be deemed 'accepted' by The
Client.
6. Where an
error in the booking details exists and the error is
reported to The Company within 48 hours of receipt of
confirmation the error will be corrected where possible and
an amended confirmation issued. In the event that an error
notified within 48 hours of receipt of confirmation forces
the cancellation a booking because The Company can no longer
accept said booking (for any reason) all monies paid by The
Client shall be refunded.
6. If a
booking which has been confirmed by The Company and deemed
accepted by The Client subsequently requires alteration this
shall be deemed to be an amendment. The Company will always
do its best to accommodate an amendment but sometimes
circumstances (for example, another booking, etc) will
compromise either party's ability to comply. If the
amendment is caused by The Company and forces cancellation
by The Client all monies paid by The Client shall be
refunded. If the amendment is made by The Client and forces
The Company to cancel then it shall be treated in the same
manner as a cancellation of Contract by The Client and
clause 9 shall prevail.
7. The balance
of payment owed to The Company by The Client for the booking
shall be due for payment no less than one week (7 days)
ahead of the booking date. Failure to settle the outstanding
balance for the booking shall constitute a Breech of
Contract by The Client and any obligation The Company may
have had to The Client shall be forfeit.
8. A payment
received as deposit for a booking is non-refundable once the
Booking has been accepted unless cancellation becomes
necessary by The Company in which case a full refund will be
made.
9. A booking
may be cancelled by The Client up to one week before the
Booking date without incurring costs other than loss of
deposit. Cancellation after this time will render The Client
liable for 50% of the value of The Contract.
10. If, upon
arrival at the venue, the artiste/s provided by The Company
is/are unable to perform the service/s for which they have
been contracted because: a) Access is refused or impossible,
b) Site conditions are deemed unsuitable and/or unsafe, c) A
risk of injury to Company personnel, equipment or the
artiste/s exists, d) The venue has been misrepresented by
The Client, or e) For reasons outside the control of The
Company it is impossible to set up, it shall be regarded
that the Client is in breech of contract with The
Company. In such an event The Company shall be deemed to
have fulfilled its contractual obligation to The Client and
reserves the right to leave the venue forthwith. For the
avoidance of doubt, it shall be the responsibility of The
Client to ensure The Company and its agents are able to
perform their part of the Contract and that details upon
which the Contract is based are entirely accurate. Failure
to do so will terminate the Contract and any responsibility
The Company has to The Client.
11. It shall
be the responsibility of The Client to ensure The Company's
artiste has somewhere suitable to set up equipment
(including easy access to a suitable and safe power supply
in the vicinity) and to assure the safety of artiste and/or
equipment whilst on site at the place of venue. It shall
also be the responsibility of The Client to ascertain prior
to the booking date the suitability of the venue for the
proposed entertainment and the suitability of the Artiste. If at any
time the wellbeing of the artiste, The Company's agent/s or any of the equipment
supplied by or belonging to The Company (including vehicles) is deemed to be 'at risk' The
Company reserve the right to remove artiste and equipment
and leave the venue forthwith and shall be deemed to have
satisfied its contractual obligation fully.
12. The Client
shall indemnify The Company for any malicious acts or
actions by persons attending the venue (whether invited or
uninvited) that occasion loss or damage of equipment or
cause physical injury.
13. The
Company reserve the right to vary the original Booking in
the interest of fulfilling its contract with The Client. In
the event that a variation proves necessary The Company
shall endeavour to supply goods or service that satisfy or
exceed The
Client's original requirement.
14. In the
event that the Company finds it necessary to cancel a
booking all monies paid by The Client to The Company
(including the deposit) shall be refunded. The Company shall
only ever be liable to The Client for a sum up to and
including the value of any monies paid by The Client to The
Company.
15. The
Company shall not be held liable for consequential loss The
Client may suffer in the event that a Booking is cancelled.
16. Whilst
every reasonable precaution is taken The Company will not be
held liable for its inability to fulfil a Contract through
failure or malfunction of equipment, transport, acts of God,
access, power, security or for any reason outside its
control.
17. The Client
agrees to indemnify The Company against liabilities that may
arise from or as a consequence of the existence of a Booking
unless explicitly drafted and accepted by The Company as a
Condition of Contract.
18. Equipment
designed to play loud music or to produce loud sounds (music
and public address systems) emit sound pressure waves that
can cause a nuisance and are capable of inflicting physical
damage to structures and/or hearing which can be
irreparable. The Company and its agents will not knowing use
equipment at an output level or in such a manner that will
deliberately do damage to health or structure or cause a
nuisance. Advice on how and where to set up for best
operation and effect should be sought from the artiste
whenever possible whose experience in such matters might
assist your event. Ultimate responsibility will however
always reside with The Client.
19. Light
shows may include the use of various types of lighting. The
Client should check that guests attending the venue do not
suffer from medical conditions exacerbated by bright or
flashing lights. The Company, its agents and artistes will
rely entirely on instructions from The Client on appropriate
use. The Client shall at all time remain responsible and
ensure The Company and/or its agents remain informed.
20.
Professionalism and good reputation are of paramount
importance to The Company. For these reasons The Company
will always act in a manner that protects the image of The
Client and will behave in an appropriate, courteous and
considerate manner towards guests attending the The Client's
venue. The Company and its agents will never knowingly
behave in a manner or play any music during the course of
entertaining that might be considered offensive,
disrespectful, distasteful or out of place amongst the peer
group.
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