- APPLICATION OF THESE TERMS
- These Terms shall apply to the supply of the Services by the Company to the Client. The Client agrees that these Terms shall apply and that no other terms, conditions, warranties or representations apply to its relations or commercial arrangements with the Company.
- These Terms shall be deemed to have been accepted by the Client upon the earlier of: –
2.2.1 the purchase by the Client of the Services from the Company; or
2.2.2 the Client notifying the Company of its intention to commence or continue with the Services; or
2.2.3 the Client paying or continuing to pay any order, invoice or regular payment of the Company; or
2.2.4 the written acceptance by the Client of these Terms.
- THE SERVICES
- The Company shall use reasonable skill, care and diligence to provide the Services to the Client. The Company shall provide the Services within such reasonable time period as may be agreed between the Company and the Client.
- Where the Company agrees with the Client to spend extra time, in excess of what might reasonably be expected in the provision of the Services the Company shall, whilst providing such Services to the Client (including the Services), be permitted to make an additional reasonable charge in respect of this extra time.
- The Client shall pay the fee to the Company at the price given above.
- Payment may be made in the method and on the date detailed above.
- If the Client is late in making payment to the Company on the date detailed above then the Company shall be entitled to sue the Client for all outstanding sums due and to charge the Client interest at a rate of 5% (both before and after any judgement) calculated on a daily basis from the payment due date until payment is made.
- Until the Company receives full payment in respect of any overdue invoices for the Services it shall be entitled to refuse to provide the Services until all outstanding sums due to it is paid.
- The remedies available to the Company under these Terms are additional to its general rights and remedies under the statute and by law.
- The booking fee value is included in the Price value.
- CANCELLATION/POSTPONEMENT BY CLIENT
- In the event of the Client cancelling the Services on the agreed date of celebration, the Company shall be entitled to keep the booking fee in full.
- If the client decides to change the date of the celebration, Then the booking fee is transferable to the new date once the booking value remains the same or higher and is within 12 months of the original celebration date and the Company is available on this new date.
- If there is a change in date further than 12 months or/and the date has been changed more than once from the original celebration date, Then there will be an added charge of 8% on top of the original booking balance to cover inflation and added costs.
- In the event of the Client booking multiple services and cancelling one or more of these Services after the initial booking, The Company shall be entitled to add €50 per service that is removed from the initial booking.
- In the event of the Client removing a service or multiple services from the initial booking and the value of the items removed is more than 50% of the initial booking, Then the initial booking fee paid is deemed as forfeited and a new booking must be made with a new booking fee for the remaining services.
- In the event of the Client paying in full (Up to €300) and then cancelling the Services after the initial booking, The Company shall be entitled to keep 100% of the amount paid by the Client to the Company.
- In the event of the Client paying in full (Over €300) and then cancelling the Services after the initial booking, The Company shall be entitled to keep 50% or €300 (Whichever is largest) of the amount paid by the Client to the Company. The remaining 50% will be refunded to the client within 3 months of cancellation.
- In the event of the Client cancelling the Services within 30-60 days prior to the Celebration date, the Company shall be entitled to receive 50% of the outstanding balance and must be paid by the Client to the Company.
- In the event of the Client cancelling the Services within 30 days of the Celebration date, the Company shall be entitled to receive 75% of the outstanding balance and must be paid by the Client to the Company.
- If at least 50% of the total booking has not been received then the client will have to pay 50% of the balance amount due to the Company in order to cancel.
- If the company provides the client with a reduced rate/Coupon Code on multiple items booked and any number of items is removed from the initial booking then the company will charge the full price of each item not removed and no reduced rate will be provided.
- CLIENT RESPONSIBILITIES
The Client hereby covenants that it shall: –
- Pay the Company as required by these terms.
- Provide accurate information to the Company to enable the Company to provide the Services.
- Provide a safe working environment to the Company and its employees and/or agents.
- If the Company is at the clients event for longer then 4 hours. The client will be required to provide a meal to the companies staff.
- Assist the Company is all material respects, not knowingly obstruct the Company from providing the Services and observe and deal with all reasonable requests the Company makes to the Client to enable the Company to provide the Services;
- Authorise the Company to provide the Services, including doing everything necessary as part of the initial set-up
- LIMITATIONS ON THE COMPANY’S LIABILITY
The Company bears no liability to the client or any third party under contract, tort or equity for any loss or damage of any kind suffered by you or a third party, occasioned by any act or omission performed by any employee, director, agent, representative of ours or third party engaged by us, when such employee, director, agent, representative or third party was acting either in the performance of the Services or outside the scope of the Services.
- NO WARRANTIES
The Company makes no warranties or representations to the Client that any goods or services provided to the Company by Third Party Suppliers will be un-interrupted or error free and the Company shall not be liable to the Client for any direct, indirect or consequential losses arising to the Client as a result.
- FORCE MAJEURE
- The obligations of the Company under these Terms shall be suspended during the period and to the extent that the Company is prevented or hindered from complying therewith by a Force Majeure Event. In these Terms “Force Majeure Event” shall mean any event beyond its reasonable control which may include but shall not be limited to: (1) acts of terrorism, insurrection, riots, civil unrest and military action; (2) the exercise of emergency powers by any local, regional or national governmental authority; (3) fire, flood, earthquake, storm and other natural disasters; (4) industrial action, strikes and lock-outs; (5) blockage or embargo; (6) Epidemic or Pandemic; (7) Disruption of supply chains, transportation systems or labour forces; (8) Act of God; (9) Embargo and (10) the failure or delay of supplies of power, fuel, transport, equipment, telecommunications systems, Internet or other goods and/or services (including any third party materials).
- In the event of the Company being hindered or prevented from fulfilling its obligations under these Terms due to a Force Majeure Event, the Company shall give notice of suspension as soon as reasonably possible to the Client stating the date and extent of such suspension and the cause thereof. The Company shall resume the performance of such obligations as soon as reasonably possible after the removal of the cause and shall so notify the Client.
- ENTIRE AGREEMENT
These Terms and any document referred to in these Terms constitutes the entire understanding between the parties with respect to the subject matter of these Terms and supersedes all prior agreements, contracts, negotiations and discussions between the parties relating to it.
Save as expressly provided in these Terms, no amendment or variation of these Terms shall be effective unless in writing and signed by a duly authorised representative of each of the parties to it.
The failure of a party to exercise or enforce any right under these Terms shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.
If any provision of these Terms (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
- The Company may terminate these Terms immediately if:-
- The Client does not pay any sums due under these Terms on the due date;
- The Client is in breach of any of its material obligations under these Terms.
- The Company may terminate these Terms by giving notice to the Client.
- Upon termination of the Terms, the Company will not make any refunds to the Client and the Company shall be entitled to payment for the Services provided up to the date of termination of the Terms together with any damages incurred by the Company for any breaches of these Terms by the Client.
- The Company may terminate these Terms immediately if:-
If the Company fails or delays in enforcing or exercising any provision of these Terms, this does not constitute a waiver of it and does not affect its right to enforce or exercise it later. No variation to these Terms shall be effective unless it is made in writing and signed for and on behalf of both the Company and the Client.
- GOVERNING LAW AND JURISDICTION
These Terms are governed by, and shall be construed in accordance with, the laws of Ireland and the Irish Courts shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any dispute, which may arise out of, under or in connection with these Terms.