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Terms and Conditions of Events
'Company' means Radiquip Media Services Ltd.
'Client' means the person, firm, company or organisation who has agreed to contract the Company in accordance with these Conditions.
'Contract' means a contract for the provision of services as detailed in the specification.
'Specification' means any document provided to the Client detailing the agreed particulars or standard and type of service to be provided or any agreed particulars on the order form.
'Order Form' means any document provided to the Client detailing the agreed particulars or standard and type of service to be provided.
'Writing' includes facsimile transmission and other electronic means of communication.
'Event' refers to the event as detailed in the Specification for which the Client has contracted the services of the Company.
'Venue' refers to the location of the Event.
'Terms and Conditions' or 'Contract' means the terms and conditions set out in this document and any special terms and conditions agreed in writing by the Company. 'Services' means the services specified in the Specification.
'Goods' means the articles specified in the Specification.
'Audio Visual Elements' or 'AV Elements' refers to images, graphics, audio files, presentation files, video and any other type of media to be included, designed, or produced by the company for inclusion in the event or production.
2.1 These Terms and Conditions shall prevail over any other documentation or communication between the Company and the Client for this Event.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Company.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Company may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Client's statutory rights as a consumer.
3. The Order
3.1 An order will be deemed to be accepted by the Company upon signature of the Client on the order form, or on receipt of written confirmation by fax, email or letter from the Client instructing the Company to proceed, at which time the Client agrees to accept the Terms and Conditions as detailed herein and enter the contract.
3.2 The Company will not commence work on the Services until such time as the Company has received a written confirmation of the order from the Client and that the order has been accepted by the Company.
4. Company's Obligations
4.1 The Company agrees to provide the Goods and Services as detailed in the Specification.
4.2 The Company shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
4.3 The Company accepts all responsibility for the condition of equipment supplied to the Client under the terms of this agreement and shall ensure that any materials supplied shall be free of defects and suitable for their intended use.
4.4 The Company accepts responsibility for ensuring that all equipment, staging, steps and stands are constructed to a safe standard and that all risks associated with the use of such equipment are minimised and controlled.
4.5. The Company agrees to perform a full risk assessment for the event and make the findings available to the Client and Venue management if requested.
5. Client's Obligations
5.1 The Client agrees to co-operate with the Company and to provide any information or materials reasonably requested by the Company or as detailed in the Specification, in order for the Company to perform its obligations under this contract.
5.2 The Client agrees to obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Client.
5.3 The Client agrees to comply with such other requirements as may be set out in the Specification or otherwise agreed between the parties.
5.4 The Client is to ensure that the Company has access to the Venue and is given adequate time (as detailed in the specification) before and after any event to install / uninstall equipment, in order to perform its obligations under this contract.
5.5 In the event of the Company not being permitted the required access to the venue through no fault of the Company, the Client agrees to pay any additional venue costs and all expenses reasonably incurred by the Company as a result. This includes, but is not limited to, overnight accommodation, additional staffing, meals and refreshments, extended working hours, and transport costs.
5.6 The Client is to ensure that the Company has suitable delivery access to the Venue and can load and unload vehicles as required.
5.7 The Client warrants that where any equipment, staff, or facilities are to be provided by a third party (such as the venue, or event organiser) they are made readily available for use by the Company as required, and that in the event of such items not being available, the Client agrees to pay any additional costs incurred in providing such items.
5.8 Where it has been agreed that the venue will provide staffing / technicians to work under the Company's jurisdiction, the Client is to ensure, by agreement with the venue, that all personnel are adequately trained and capable of performing their roles.
5.9 The Client agrees to keep all articles and equipment supplied to them fully insured to their full replacement value throughout the time the equipment remains on site.
5.10 The Client agrees to keep, at the Client's own expense, all articles and equipment supplied in good and substantial repair and condition, and in the event of any article being damaged beyond repair or lost by fire, theft or any other cause whatsoever, will pay the Company the full replacement value of the goods.
5.11 Where the Client uses equipment supplied by the Company, the client is to ensure that such items are used in accordance with their intended use and that all reasonable care is taken to prevent accidental damage to such equipment.
5.12 The Client is to ensure that all performance areas, platforms and backstage areas are not overloaded and that all equipment, staging and facilities provided by the Company are only used for their intended purpose.
6. Price and Payment
6.1 The price for the provision of Goods and Services is as detailed in the Specification and is exclusive of VAT unless otherwise stated and any additional charges as outlined in the Specification, Order or Terms and Conditions.
6.2 Unless otherwise agreed in writing, for non account holders, full payment is required with the order.
6.3 For account holders, unless agreed in writing, payment will be required not later than 30 days of the event.
6.4 For some projects the Company will, at its sole discretion, request an initial down payment and further interim payments according to an agreed payment schedule. Such schedule will be agreed at the time of the order and included in the specification, order and / or in separate correspondence to the Client.
6.5 If the Client fails to make any payment within 30 days of it becoming due, the Company shall be entitled to charge interest at the current Bank of England base rate plus 8.00% per annum on the outstanding amounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and subsequent amendments.
7.1 The Client may terminate the contract by serving written notice to the Company.
7.2 The Company reserves the right to charge the Client a cancellation fee in the event of the contract being cancelled by the Client for any reason. On cancellation, the Client agrees to pay a proportion of the total cost of the order on a sliding scale: Notice received: - more than 60 days from the date of the event - 25% of total cost; - between 30 and 59 days from event - 50% of total cost; - between 15 and 29 days from the event - 75% of total cost; - less than 14 days notice from the event - 100% of total cost.
7.3 Unless otherwise agreed in writing, the Company may, without any liability to the Client, terminate this agreement at any time by giving fourteen working days written notice to the Client. After termination, the balance of any monies paid to the Company less any additional fees, will be refunded to the Client within 30 days of termination of the contract.
7.4 In the event of cancellation, where the Company has contracted a third party to provide an ongoing service specifically for an event (for example a telephone or data line, with a 12 month contract), the Client agrees to meet the cost of fulfilling the contract or any cancellation charges incurred as a result.
7.5 The Company reserves the right to terminate the contract forthwith by written notice if the Client fails to make punctual payment of any sums due or to observe any obligations under the contract. In such an event, The Company reserves the right to levy a cancellation charge as detailed in 7.2 of this agreement and, at the Company's sole discretion, seek to recover from the Client any reasonable costs which have been incurred in performing, or attempting to perform, its obligations under this agreement.
7.6 In the event of the Client becoming bankrupt, entering into liquidation, making a voluntary arrangement with the Client creditors, or appointing a receiver or administrator, the Company reserves the right to terminate the contract forthwith.
8. Changes / Postponement of the Event
8.1 In the event of the Client wishing to postpone or move the date of the Event to a date not more than 14 days from the original date the Company reserves the right to charge the Client an additional fee. The fee will be negotiated at that time and agreed in writing. In the event of an agreement not being reached, the event will be deemed to be cancelled, in which case the Client will become liable for cancellation charges as detailed in clause 7.2.
8.2 Where the event has been changed to a date more than 14 days from the original date, it will be deemed as a cancellation, in which case the Client agrees to pay the cancellation charges as detailed in clause 7.2 and any associated costs as described within these Terms and Conditions.
8.3 In the event that the Venue is changed for any reason, the Company reserves the right to amend the specification and to provide a new quotation and / or apply additional charges as is reasonable. The Company agrees to provide the client with a breakdown of such additional costs, and in the event of the modified specification, quotation or charges not being accepted by the Client, the order will be deemed to have been cancelled by the Client and in which case the Client will become liable for the cancellation charges as detailed in clause 7.2 and any associated costs as described within these Terms and Conditions.
8.4 In circumstances where the timings of the Event are changed or the duration extended, the Company reserves the right to make additional charges as is reasonable to cover the cost of additional staffing and services. The company will provide the Client with an estimate of such costs at the time.
9. Additional Costs / Expenses
9.1 The Client is responsible for all reasonable expenses incurred by the Company whilst working at the Venue or any other location necessary for the delivery of the services including, but not limited to: transport, food, accommodation, equipment hire, communication costs and media.
9.2 The Company will indicate at the time of quotation / order, as far as is reasonably practical, any expenses or additional costs which are likely to be incurred by the Company in fulfilling the contract, however it is to be accepted by the Client that such additional costs may be incurred in the event of unexpected events including, but not limited to, poor weather, transport difficulties and other factors outside the control of the Company.
9.3 The Company reserves the right to make additional charges which, in its sole discretion, are required in the event of the Company not being able to undertake the work as a result of the Client not being able to fulfil part of its obligations under the contract.
9.4 The Company reserves the right to demand payment from the Client for any repair, maintenance or cleaning of any equipment or materials supplied to the Client under this agreement, subject to reasonable wear and tear.
10. AV Production and Design Services
10.1 Where the services include design or production of Audio Visual Elements (AV Elements) for the event, the company agrees to make proofs available to the client before the Event and provide reasonable opportunity for the client to approve any visual or audio elements of the production.
10.2 Once AV Elements have been approved by the Client, the Client authorises the Company to use these files as part of the production or event.
10.3 Approval must be received in writing, or be authorised via the Company's online proofing and approval process.
10.4 Once approved, any changes to AV elements, no matter how minor, as requested by the Client may incur additional cost. The Client will be notified of such additional costs at the time and by authorising the changes the Client agrees to become liable for these costs.
10.5 Where the Client requires changes after approval, the Client accepts that the Company may no longer be able to meet any agreed deadline for delivery / use of the AV element and that the Company will not be deemed to be in breach of contract by not doing so.
10.6 In the event of the Client requesting considerable changes to any AV element which, in the opinion of the Company, constitute significant additional production time and / or significant differences from the brief or specification, the Company will, at its sole discretion, be entitled to charge additional fees and agrees to provide the Client with a quotation for the work at that time.
10.7 The Client agrees that in the event of approval being received less than 48 hours prior to the event (or by any other agreed approval date), for any reason, the Company makes no guarantee that the product will be available by the specified date and that the Company will not be deemed to be in breach of contract.
10.8 Once approved by the Client, the Company will not be held liable to any party for any errors or omissions of the AV Elements.
11. Copyright / Performance Rights
11.1 The Company will advise on the costs associated with the inclusion or performance of copyrighted material however, unless otherwise agreed in writing, the Client agrees to obtain all necessary rights to perform, copy or edit such material and agrees to obtain and purchase all necessary licences as required to do so.
11.2 The Client agrees to indemnify the Company against any claims arising from copyright breech in the production and distribution of copyrighted material used for any event or performance.
11.3 The Client warrants that the use of any copyright material during an event or performance will not infringe the copyright or other rights of any third party.
11.4 The client agrees that the Company may use photographs or video of the event for promotional purposes and grants the Company the permission to use such material, including the use of the Client's logo, trademark or brand for the purpose of self promotion.
12.1 Any confidential or proprietary information, materials or documents which are acquired by either party from the other will not be used or disclosed to any person or entity, except when required to do so by law or with the agreement of the other but the foregoing will not apply to any information, materials or documents which are public knowledge at the time they are acquired by either party, and will cease to apply if at any future time they become public knowledge through no fault of the other party.
13.1 All communications about the contract must be in writing and delivered by hand or sent by pre-paid first class post, fax or e-mail to the address or e-mail address of the other party notified by it. Notice will be deemed received when delivered or 2 days after posting or at the time of fax transmission or 24 hours after the e-mail is sent.
13.2 Any claims must be made in writing to the Company within 7 days of completion of the services / supply of goods. If no claim is made within this period the Client is deemed to have accepted the services and goods provided under this agreement.
14.1 All items provided by the Client shall remain the property of the Client and remain at the Client's risk. The Company does not accept liability for any damage or loss whilst in its custody or transit.
14.2 Any electronic files, music, images, video and the suchlike provided to the Company by the client will be held on file for a period of 6 months after which time they will be deleted. During this time the Company will accept no responsibility for the integrity of these files and will not be held responsible in the event of data loss due to circumstances beyond its reasonable control.
15.1 The Company, at its sole discretion, reserves the right to sub-contract all, or part, of the work to a suitably qualified external contractor.
15.2 For the avoidance of doubt, time shall not be of the essence and the Company shall incur no liability to the Client in respect of any failure to complete the Services by any agreed completion date / time in the event of the Client, or the Venue, not being able to meet its obligations as detailed in this contract and specification, or in the event of there being a risk to public safety for any reason.
15.3 The Company reserves the right to substitute or make changes to the type, design and specification of equipment and articles supplied under this contract in the event of non-availability subject to the consent of the Client, not to be unreasonably withheld. 15.4 Plans and illustrations supplied to the Client are for illustration purposes only and should only be used as a guide. The Company will accept no responsibility for omissions or misinterpretation of designs, or losses caused by adoption of design details.
16.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Company for death or personal injury, however the Company shall not be liable for any direct loss or damage suffered by the Client howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Services.
16.2 The Company will have no liability for any loss, damage, costs, expenses or other claims arising from instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, in the wrong form, or arising from their late or non-arrival, or any other fault of the Client.
16.3 The Company shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
16.4 The Company will not be liable or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform any of The Company's obligations if the delay or failure was due to any cause beyond the Company's reasonable control.
17. Force Majeure
17.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
18.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
19.1 The parties do not intend that any terms of the contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
19.2 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.