PLANitOLOGY - Terms and Conditions version 5.0
PLANITOLOGY PRODUCTIONS LIMITED
STANDARD TERMS AND CONDITION
1. Definitions
In these conditions
a) “the company” shall mean Planitology Productions as the invoice to on the face hereto.
b) “the contract” shall mean this purchase order for the purchase of Goods and/or supply of the Services of which these conditions form part.
c) “the Goods” shall mean the goods of any part thereof agreed to be purchased as described on the face hereof any repaired, replaced or spare parts.
d) “the Services” shall mean the services or any part thereof agreed to be supplied as described on the face hereof; and
e) “the client” shall mean the person or persons or firm or company to whom an order is addressed or with whom the contract is made.
2. These general Terms and Conditions shall be deemed to be accepted by any person (the “Client” who requests services/goods from PLANitOLOGY Productions Ltd (the “Company”). The Client confirms that it has read and agrees to be bound by these Terms and Conditions.
3. In consideration of the Fee and Company agrees to supply the Services/Goods in accordance with the Schedule attached (or as otherwise agreed in writing between the parties). Notwithstanding the above the Company reserves the right to alter and amend the Schedule at its sole discretion if it is deemed necessary to do so.
4. It shall be the responsibility of the Client to ensure that all necessary licences, consents and permissions have been obtained from the relevant persons/authorities and where applicable the Performing Rights Society forms are completed by any band musician employed by the Client. The Client will keep the Company fully indemnified against all liabilities, claims, actions, proceedings, damages, costs and losses (including but not limited to, all reasonable legal fees) suffered or incurred by the Company or awarded against the Company in consequence of or arising from a claim, action or threatened proceeding arising out of a breach or violation or alleged breach or violation by the Client of the
Terms and Conditions.
5. The Client agrees to be responsible for and shall indemnify the Company against all Consultation fees and Expenses incurred for preparing designed briefs for the client, Venue Site Visit Meetings for the client and Event Meetings with the client with the event in mind, at a rate of £350.00 Per Day Fee as agreed with the client beforehand. The fee is then waived on confirmation of the event and signing of the contract.
6. The Client agrees to be responsible for and shall indemnify the Company against all damages occasioned to the fixtures and fittings including cleaning cost of any site/venue where the Services/Goods are to be supplied (including but not limited to the erection of or dismantling of equipment) caused by the Company that is beyond the control of the Company.
7. The Company shall not be liable to the Client or any person claiming through the Client for any loss or damage caused by, or arising from its failure to carry out any obligation under this Agreement due to anything beyond the control of the Company.
8. The Company reserve the right to charge a 15% Service Charge for credit facility to cover any additional costs for the client not prepaid before any event.
9. The Company shall not be liable to the Client or any person claiming through the Client for any loss or damage caused by, or arising from its failure to carry out any obligation under this Agreement due to anything beyond the control of the Company.
10. The Company and the Client hereby warrants and undertakes that is has the full power and authority to enter into this Agreement and perform the obligations stated herein.
11. The Client shall ensure that it maintains in full force public liability insurance for the Services/Goods that are supplied by the Company, which shall be not less than £5,000,000.00. On request from Client the Company shall provide the Client with full details of the policy.
12. The Company shall ensure that it maintains in full force public liability insurance of the Services/Goods that are supplied to the Client, which shall not be less than £5,000,000.00. On request from Client the Company shall provide the Client with full details of the policy.
13. The Company shall only be responsible for supplying the Services/Goods as detailed in the Schedule; all other items shall be responsibility of the Client (at its sole cost).
14. The Client shall be required to pay a non-refundable deposit to the Company. The amount of the non-refundable deposit that is payable and the required date for receipt will be set out in the Schedule.
15. The Services/Goods shall only be confirmed upon receipt of the signed Terms & Conditions and receipt of the non-refundable deposit.
16. The total fee and VAT that will be due to the Company shall be stated in the Schedule. The Client will be notified in writing of any other additional costs incurred relating to the supply of the Services/Goods and the required date of payment.
17. The payment terms for the total fee and VAT for the supply of the Services/Goods shall be as follows:
50% on signature of the Terms and Conditions
50% no later than ninety (90) days prior to the date on which the Services/Goods are to be supplied
18. Payment must be made in £ pounds sterling by cheque, credit card or debit card (an additional charge may be payable if making payment by cards).
19. In the event the Client does not make timely payment in accordance with the Terms & Conditions and the Schedule interest will become payable by the Client on all sums due calculated on a day to day basis rate equivalent to 12.5% per calendar month from the due date of payment until the actual date of payment plus £150 Planitology administration handling fee per month overdue.
20. Cancellation by the Client:
All cancellations by the Client must be made in writing to the Company at the address set out in the Schedule and formally acknowledged. In the event of Services/Goods being cancelled for whatever reason, the Client shall be liable to pay cancellation fees:
Date of signing contract: 50% of the total fee is due.
60 – 90 days before the event date: 75% of the total fee is due.
Within 60 days of the event date: 100% of the total fee is due.
21. The Company shall comply with the provisions of the Health & Safety at Work Act 1974 and unless otherwise agreed in writing by both parties the Company acknowledges that first-aid cover for the employees of the Company shall be its responsibility and that it shall make any necessary arrangements in accordance with the Health & Safety (First-Aid) Regulations Act 1981.
22. The Client shall commit any material breach of the Terms & Conditions which is not capable of remedy or is capable of remedy but is not remedied within 5 (five) days of Clients’ receipt from the Company of written notice of such breach; or The Client shall make any assignment for the benefit of or make any composition with creditors or if any action or proceeding under bankruptcy or insolvency law is taken against including without limitation the appointment of a receiver liquidator or trustee in bankruptcy or if the Client shall effect a voluntary or compulsory liquidation of assets (other than for purposes of amalgamation or reconstruction);The Company shall be entitled to terminate the supply of the Services/Goods with immediate effect by giving notice in writing to Client. On such termination the Company shall be under no further obligation to the Client and the Client shall pay all Fees due to the Company within no more than 10 days of receiving notice of termination.
23. This Agreement shall not be capable of assignment by the Client without the prior written consent of the Company.
24. Notwithstanding anything to the contrary contained in these Terms and Conditions if for any reason beyond the control of either party either party shall be delayed in or prevented from performing any of its obligations then such non-performance shall be deemed not to constitute a breach of these Terms and Conditions. If the Services/Goods cannot be enforced or performed according to the Terms and Conditions for a period in excess of 1 (one) month it shall be deemed to have terminated at the end of such 1 (one) month period.
25. In connection with the supply of the Services/Goods the Client and the Company may be exposed to and will be furnished with certain information relating to the plans for certain Services/Goods which are confidential. The Client and the Company shall keep confidential and not reveal or disclose any of the said information, material, data or the terms of the contract to any third party during the license period of thereafter. Neither the Client not the Company shall disclose or make known to any third party directly nor indirectly the interest of the other under this contract. The provision of this clause shall not apply to information, which is or become publicly available or information, this is required to be disclosed pursuant to a court order or applicable law, rules or regulations.
26. Nothing contained in these Terms and Conditions shall be deemed to constitute a partnership between the parties hereto and save as contained herein neither party shall have any authority to bind the other in any way.
27. The Terms and Conditions and the Schedule constitutes the entire understanding of the parties at the date hereof with respect to the subject matter hereof and supersedes all prior agreements arrangements and understandings between the parties relating thereto whether oral or in writing. Any amendments or variations hereto must be in writing and signed by duly authorised representatives of the parties hereto.
28. The Terms and Conditions shall be governed by and construed according to the laws of England and the Company and the Client thereby agrees to submit to the exclusive jurisdiction of the English courts.