TERMS AND CONDITIONS
1. THESE TERMS
1.1. These Terms are the Terms that apply between you and us and upon which we provide a service to you.
1.2. You must read these Terms carefully as they tell you who we are, how we will provide a service to you and over what period of time.
1.3. We are Alice Goodey and Paul Skingsley trading as Alice Rose Events. Our registered address is Flat B, The Brown House, High Street, Newport, Saffron Walden, Essex, CB11 3QY. References to “we” / “us” / “our” are to Alice Goodey and Paul Skingsley trading as Alice Rose Events.
1.4. References in these terms to “you” / “your” are to you, the customer/s, who places an order for our services.
1.5. In these Terms the following words or expressions which begin with a capital letter have the following meanings:
- Cancellation Period: a period of 7 days after signing the Contract where the Customer or Alice Rose Events can cancel without penalties
- Customer: the person who signs and enters into the Contract
- Consultation: a meeting between you and us to discuss the requirements of your event, this usually takes place at your Site.
- Contract: the contract between us and you for the hire of our Services
- Event Date: Any date that you stipulate in the Order and which we confirm in our written acceptance of the Order under clause 2.2 and being the date/s upon which require our Services.
- Event Period: the period of time including the delivery, setup, installation of all services involved with your event, the event itself and dismantling / collection of all services involved with your event. F
- Fees: amounts payable to Alice Rose Events for the services provided.
- Deposit: the deposit amount set out in our written acceptance of an Order.
- Invoice: the document we will issue to seek payment for our services.
- Order: an order placed by you with us for the hire of our service which must be in writing.
- Quote: the document we will issue to outline the particulars of the Services we are to provide.
- Services: various event organisation and co-ordination services specified in the Quote.
- Site: the location at which the Services are to be provided / event to occur as set out in the Order.
- Site Plan: an accurate and measured plan of the Site showing and identifying the location of any relevant services and any immovable obstacles.
- Site Visit: A meeting at the venue where the event will take place.
- Terms: these terms and conditions which shall apply to the Contract to the exclusion of any other terms and conditions which you may seek to impose or incorporate, or by previous cause of dealings.
1.6. In “writing” or “written” includes email.
1.7. If these Terms state you must not do something this also means that you must not allow someone else to do it.
2. SERVICES
2.1. Any Order you place with us is an offer by you for our Services in accordance with these Terms. It is your responsibility to ensure all the details in the Order are complete and accurate.
2.2. The Order shall only be deemed accepted by us when we give to you a written acceptance of the Order and we have received the requested deposit. Once we have done so then at that point a Contract for our Services shall come into existence between you and us.
2.3. If we give you a quote for our Services this will not amount to an offer. A quotation will only be valid for 20 days from its date of issue.
2.4. Before we accept an Order from you, we may ask for a Site Visit.
2.5. We can, on your behalf, negotiate contracts with third party suppliers for your event and will take reasonable care in the selection of and negotiation with such third parties. All contracts negotiated in this way will be entered into between you and the individual third party suppliers. This ensures you have a direct contractual relationship with all of your suppliers. It is your responsibility, not ours, to ensure you are aware of and comply with all of the Terms and Conditions of individual third party suppliers.
2.6. Alice Rose Events will not be liable for any non-observance by you of any third party supplier contract terms.
2.7. Third party contracts, and the performance of these suppliers, is beyond the control of Alice Rose Events. Whilst we will do everything we can to rectify any problems that may arise we cannot accept responsibility for the unsatisfactory performance of a third party supplier.
2.8. We will attend your event at the agreed timings to oversee the co-ordination of the planned events, if this is included in the Quote.
2.9. We do not purchase goods or services on your behalf. If the customer makes such a request, we may, at our discretion agree to make the purchase. Any such purchases will be subject to an additional charge of 10% of the value of the purchase, payable in advance.
3. FEES AND DEPOSIT
3.1. You shall pay the Fees to us in accordance with the date stated in the Invoice and in accordance with these Terms. Any additional payments due to us must be paid within 7 days of us providing you with an Invoice. All payments shall be made by BACS.
3.2. The Customer acknowledges that each payment made under these Terms is non-refundable.
3.3. We calculate the Fees from the information you provide to us in the Order / Consultation. If there is a subsequent change to the information you give us we shall endeavour to accommodate the changes. However, we may charge you any extra costs we incur as a result. If we cannot reasonably accommodate the change/s then we may terminate the Contract by giving written notice to you and clause 8.1 will apply.
3.4. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding.
3.5. If you have any complaint or dispute with us relating to the Services or Contract then you may withhold ten per cent of the fees whilst the problem is resolved. If the problem cannot be resolved between us despite our reasonable attempts to do so and there continues to be a disagreement between us and you then either you or we may refer the matter to dispute resolution or ask the court to resolve the matter.
3.6. If you do not make a payment that is due to us by the date for payment under the Contract, then we may charge you interest on the overdue amount at the rate 4% per annum above the Barclays Bank base rate. This interest:
- shall occur on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment and you shall pay the interest together with the overdue amount;
- will not apply to the withheld amount although we may ask the arbiter of the dispute or the court to award interest under this clause.
3.7. The Deposit is a deposit which you pay us and which we hold as part payment of the Fees, and is non-refundable. If a Deposit is requested, then the same must be paid within seven days of the date on the Invoice. If you do not pay the Deposit within this time period, then we may terminate the Contract and clause 7.1 will apply.
3.8. If our attendance at your event necessitates overnight stay reasonable related accommodation costs and basic subsistence will be charged back to you.
4. YOUR RESPONSIBILITIES
4.1. You agree that you will:
- give access to the Site / or arrange access to the Site as and when needed.
- provide adequate security and/or insurance for the services you hire in
- provide if requested a Site Plan that is accurate in terms of measurements and identifying any trees, buildings, or other immovable objects and any service supply lines (being things such as overhead cables etc.).
- obtain and have in force throughout the Event Period all and any necessary permissions or permits from the Site owner (if you do not own the Site) to hold the intended event (and provide documentary evidence of the same to us upon request)
- obtain and have in force throughout the Event Period all and any necessary permissions or permits from the land owner (if you do not own the land) to access the event Site (and provide documentary evidence of the same to us upon request)
- obtain and have in force throughout the Event Period all and any necessary permissions or permits from the local authority to hold the intended event on the Site (and provide documentary evidence of the same to us upon request)
- adhere to the Terms and Conditions of all third party services
- be available or contactable for all decision making / Site visits.
- supply basic welfare facilities for all services during the Event Period within a reasonable distance.
- If on-site event attendance is requested / included in the contract you agree to supply Alice Rose Events representatives with food, drink and a dry place to sit.
- provide or obtain all necessary information of any limitations, underground or overhead services that may affect or limit the event procedures of any suppliers.
4.2. You shall fully indemnify us against any damage or liability incurred as a result of your breach of your obligations under clause 4.1.
4.3. You acknowledge and agree that we shall not be responsible for any loss or damage to your third party services arising out of or in connection with any negligence, misuse, mishandling of the third party services or otherwise caused by you or your officers, employees, guests, agents and contractors, and you undertake to indemnify us on demand against the same, and against all losses liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by you to comply with these Terms.
4.4. We will be allowed to claim from you any loss or damage that is caused to us as a result of any breach by you of your obligations under clause 4.1. We recommend that you take out full insurance cover in respect of your use of the third party services and while the services are in your possession.
4.5. You accept that the use of the third party services by you, your guests, or anyone else permitted by you to do so is your responsibility and that we accept no claim of liability.
5. OUR RESPONSIBILITIES
5.1. We confirm that we will provide to you the Services stated in the Quote.
6. DATA PROTECTION
6.1. We will require and hold only the minimum amount of personal data from you in respect of your event and for accounting purposes. You agree we may pass personal data to potential suppliers where appropriate. We will not be held responsible for the way in which these suppliers store and use your personal data.
6.2. We will be as discreet about your event arrangements as is reasonably possible. You accept that total secrecy is impossible given the need for us to contact potential suppliers and make arrangements on your behalf.
6.3. We reserve the right to use photographs of your event for our professional portfolio and website. We will, however, obtain your prior approval before publishing photographs of yourselves.
7. YOUR RIGHT TO CANCEL
7.1. Once the Contract has been entered into, either we or you may terminate the Contract by providing notice in writing to the other within seven days of the date of the Contract.
7.2. In the event of cancellation pursuant to clause 7.1, then we shall refund the Deposit and any Fees paid in full within fourteen days.
7.3. Unless cancellation is made under clause 7.1, then upon termination of the Contract more than 6 Weeks of the Event Date for any reason without prejudice to any other rights or remedies that we may have, you shall be liable to pay us for the services fulfilled and expenses incurred.
7.4. Unless cancellation is made under 7.1, then upon termination of the Contract under 6 weeks of the Event Date for any reason without prejudice to any other rights or remedies that we may have, you shall pay us a sum equal to the whole of the services including any additional expenses that would (but for the termination) have been payable if the Contract had been continued.
7.5. If you cancel after the Event Period has started but during the Cancellation Period, then you shall be liable to pay us full Fees.
7.6. If you decide to end the Contract during the Cancellation Period, you must inform us of your request to cancel:
- By telephone to 07964 444 159; and
- By email to info@alice-roseevents.co.uk; or
- In writing to Flat B, The Brown House, High street, Newport, Saffron Walden, Essex, CB11 3QY
In each case above, you should provide full details of your name, address, Site address and a brief description of the Services ordered. You may terminate the Contract with immediate effect by giving us notice in writing if you have a legal right to do so because we have done something wrong.
7.7. Upon cancellation we will withdraw all Services.
8. OUR RIGHT TO CANCEL
8.1. We may terminate the Contract at any time by writing to you if:
- You do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is overdue;
- You do not, within a reasonable time of us asking for it, provide us with information we reasonably require form you;
- You do not make payment of the Deposit on time;
- You advise us of a change to the event which we are unable to reasonably accommodate;
- You do not fulfil a requirement in 4.1;
- You are made bankrupt or you suspend, or threaten to suspend, payment of debts due to your creditors;
- Where you are not a Consumer, and you are a company or limited liability partnership, and are deemed unable to pay you debts within the meaning of section 123 of the Insolvency Act 1986
8.2. We reserve the right to cancel the Contract in exceptional circumstances (including but not limited to ill health, bereavement or failure to agree a change), or in the unlikely event that the relationship with the customer is rendered unworkable in the opinion of Alice Rose Events. We will terminate the Contract in writing. We will release all relevant information pertaining to your event upon settlement of all unpaid Invoices issued.
9. FORCE MAJEURE
9.1. We will not be liable for failure or delay to perform obligations under the Contract in the event of circumstances beyond our reasonable control. Such circumstances include without limitation natural disasters or acts of God; fire, flood, storm or other weather disruption; acts of terrorism; labour disputes or stoppages (whether involving the workforce of the event or any other party); failure of a utility service or transport network; malicious damage; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond our reasonable control.
9.2. In the event of force majeure, when feasible, the customer agrees not to cancel but to reschedule the obligations for a mutually agreed date as soon as practicable after the force majeure condition ceases to exist.
10. LIABILITY
10.1. Without prejudice to clause 10.2, our maximum aggregate liability for the breach of Contract (including any liability for the acts or omissions of our employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the hire charge.
10.2. Nothing in these Terms shall exclude or in any way limit:
- Either you or our liability for death or personal injury caused by our or your negligence;
- Either your or our liability for fraud or fraudulent misrepresentation; or
- Any other liability which cannot be excluded by law.
10.3. These Terms contain the full extent of our obligations and liabilities in respect of our Services to you. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on us except as specifically stated in the Contract. Any condition, warranty or other term concerning the Services which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded.
10.4. We shall not be responsible for any loss or damage to the Site or to any third party property or land or to any property or land of yours.
10.5. Without prejudice to clause 10.2, we shall not be liable under this agreement for any:
- loss of profit;
- loss of revenue;
- loss of savings;
- loss of goods;
- loss of Contract,
- loss of use;
- loss or corruptions of data or information;
- loss of business; or
- any special, indirect or consequential or pure economic loss or costs, damages, charges or expenses
in each case, however caused, and even if foreseeable.
10.6. You accept that when providing our Services and by holding an event on the Site, some small amount of damage may be caused to the Site upon which the event is held as well as the surrounding area. We will do our best to limit the cause of damage to the Site, your property or that of any third party.
11. OTHER TERMS
11.1. We may transfer our rights and obligations under the Contract to another organisation, we will tell you in writing if this happens.
11.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations (under these Terms) to another person if we agree to this in writing.
11.3. Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its Terms. Neither you or us will need to get the agreement of the other person in order to end the Contract or make changes to these Terms.
11.4. If a court finds part of these terms is illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5. Even if we delay in enforcing these Terms and Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Terms and Conditions are governed by English law.
REVISION DATE OF THESE TERMS AND CONDITIONS: 28th day of each month