TERMS & CONDITIONS
These Terms & Conditions are valid from 20/03/2020.
Essex Event Planners is providing services to the Client, and by accepting the booking, A. Almond agrees to these Terms & Conditions and the invoice contents. Together, they form the complete agreement between us (“the Agreement”).
The Event Planner: Essex Event Planners (also referred to as ‘us’ or ‘we’). Client: the person or persons who book the services of Essex Event Planners (also referred to as ‘you’). Force Majeure: unforeseeable events beyond the control of the Event Planner, such as strikes, natural disasters, or governmental orders. Services: various event planning and coordination services. Invoice: the document detailing the Client's specific requirements as agreed upon during the consultation process, either orally or in writing. Event Planner’s fee: The cost for providing services as detailed in the invoice. Payment terms: 50% or the agreed percentage is due at the time of booking, and the remaining balance is payable no later than four weeks before the Event.
i) The Event Planner will provide the Services for the fee as agreed upon in the Agreement. ii) The Event Planner may negotiate contracts with third-party suppliers on behalf of the Client, but it is the Client's responsibility to comply with all third-party supplier terms and conditions. iii) The Event Planner is not responsible for any non-observance by the Client of any third-party supplier contract terms. iv) The performance of third-party suppliers is beyond the control of the Event Planner, and we cannot accept responsibility for any unsatisfactory performance. v) We will attend the event to oversee coordination. vi) The Event Planner does not purchase goods or services on behalf of the Client. If the Client requests the Event Planner to make such purchases, an additional charge of up to 15% of the purchase value will apply, payable in advance. The Client is not entitled to demand information on fees from the Event Planner or Third-Party Contractors.
D. Budget & Fees
i) The Budget will be set following consultation with the Client. If the Client requires additional planning services beyond those detailed in the invoice, a separate written agreement will be entered into as per (i). ii) The Event Planner’s Fee will be payable by the Client in accordance with the terms set out on the invoice. iii) Invoices submitted by the Event Planner must be paid in full, cleared funds, within 14 working days of the date of the invoice. Each payment made under these terms is non-refundable. iv) If payment is not made on the invoice due date, the Event Planner may charge interest on the outstanding amount at the annual rate payable on the late payment of commercial debts, withdraw the supply of all Services until payment is made, and require payment of all future sums due under the agreement before resuming Services. v) If the Event Planner’s attendance at the event necessitates an overnight stay, related accommodation costs and basic subsistence will be charged back to the Client up to a reasonable limit of £150 per night.
E. Client Responsibilities
i) The Client agrees to cooperate fully with the Event Planner and to make themselves available for all necessary decision-making concerning the planning of the event.
F. Data Protection
The Event Planner will collect and retain only the necessary personal data required for organizing your event and for their accounting purposes. Any personal data provided will only be shared with potential suppliers when necessary. However, the Event Planner will not be responsible for how suppliers store or use your personal data.
The Event Planner will maintain discretion regarding your event arrangements to the best of their ability. However, complete confidentiality cannot be guaranteed as it may be necessary to communicate with suppliers to make arrangements on your behalf.
The Event Planner reserves the right to use photographs of your event for their professional portfolio and website. Prior approval from you will be obtained before publishing any photographs of you.
i) If you wish to cancel the Event Planner's services, you must give us a minimum of 12 weeks' notice before your event or the date of services to be rendered. Upon receiving your cancellation letter, and settling all outstanding invoices issued prior to the cancellation, we will provide you with all the relevant information we have about your event.
ii) If you cancel less than 12 weeks before your event or the date of services to be rendered, you will be required to pay the outstanding balance of the Event Planner's fee. We will release all relevant information regarding your event upon receipt of this payment.
iii) The Event Planner may terminate this agreement in exceptional circumstances, such as ill health, bereavement, or failure to agree to changes in accordance with clause I B. The Event Planner will not be liable for any failure to perform the services or any delay in performance due to Force Majeure or if the relationship with the Client is rendered unworkable, in the Event Planner's opinion. We will terminate the agreement in writing, giving four weeks' notice, and release all relevant information pertaining to your event upon settlement of all unpaid invoices issued before termination.
H. Limitation of Liability
i) The Event Planner's financial liability to the Client, including any liability for the acts or omissions of its employees, agents, and sub-contractors, is contained in this clause in respect of:
a) Any breach of this agreement. b) Any use made by the Client of the services. c) Any representation, statement, or tortious act or omission (including negligence) arising under or in connection with this agreement. d) Any other matter or thing.
ii) All warranties, conditions, and other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
iii) The Event Planner is not liable for:
a) Death or personal injury resulting from negligence. b) Any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Event.
iv) Subject to conditions Hii) and Hiii), the Event Planner is not liable for:
a) Loss of anticipated savings. b) Loss of goods. c) Loss of contract. d) Loss of use. e) Loss or corruption of data or information. f) Any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses.
v) The Event Planner's total liability arising in connection with this agreement, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, shall be limited to the price paid for the Event Planning services, unless you choose to arrange insurance in accordance with paragraph (vi) of this clause H.
vi) If you notify us within two weeks after signing the agreement that you do not agree with the limitation of liability in clause (v) of this clause H, we will endeavor to arrange insurance to provide you with a greater level of financial liability at your expense. If we can arrange such insurance, our liability will be the level of such insurance.
i) No changes to this Agreement, or to any of the documents referred to in it, will be valid unless either: A. It is in writing and signed by or on behalf of each party, or B. It is a change reasonably requested by the Event Planner to comply with applicable legal or safety requirements. If such change requires an adjustment to the Budget or the Event Planner’s fee, You and We will negotiate in good faith to agree on the adjustment.
ii) This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed exclusively by and construed in accordance with the law of England and Wales.
iii) If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable, that provision or part-provision shall not form part of the Contract. The validity and enforceability of the other provisions of the Contract shall not be affected.
iv) If a provision of the Contract (or part of any provision) is found to be illegal, invalid, or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.
v) You may not assign, transfer, subcontract, declare a trust of, or deal in any manner with all or any of your rights or obligations under this Agreement without the prior written consent of the Event Planner.
vi) The Event Planner may assign, transfer, or subcontract any or all of its rights under this Agreement and may subcontract or delegate any or all of its obligations to any third party or agent.
vii) Each party that has rights under this Agreement is acting on its own behalf and not for the benefit of another person. A person who is not a party to this Agreement shall not have any rights under or in connection with it.
viii) Any notice required to be given under this Agreement shall be in writing and delivered personally or sent by recorded delivery to the other party.
ix) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address shown on the invoice, or if sent by recorded delivery, at 9:00 am on the second business day after posting.