TERMS & CONDITIONS
PLEASE NOTE
BY ENTERING THE SITE OR MAKING A BOOKING YOU ARE ACCEPTING THESE TERMS AND CONDITIONS.
THE SERVICE WE PROVIDE IS TO ACT AS YOUR AGENT WHEN YOU WANT TO MAKE A BOOKING
OUR TERMS AND CONDITIONS CHANGE FROM TIME TO TIME AND YOU AGREE THAT EACH TIME YOU VISIT THE SITE YOU WILL VISIT THIS PAGE.
IF ANYTHING IN THESE TERMS AND CONDITIONS IS UNCLEAR, PLEASE CONTACT US BEFORE MAKING A BOOKING.
THIS IS OUR CUSTOMER CHARTER
Both you and we agree to be bound by these Terms and Conditions.
There are some definitions at the bottom of the page.
You warrant and agree:
The Site
3.1 in relation to the Site that:
3.1.1 if you follow any links we have on the Site, you will read the terms and conditions on the sites we link you to;
3.1.2 you won’t use robots, spiders, scrapers or similar things on the Site;
3.1.3 you won’t try to get around any things we put on the Site to stop or limit access to parts of it;
3.1.4 you won’t do anything that might cause our System to crash;
3.1.5 you won’t steal, borrow, copy or otherwise obtain the Site or any part of it for use in any other site or application;
3.1.6 you won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with the Site or the services it offers;
3.1.7 you won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own;
The Booking
3.2 in relation to your Booking and on behalf of yourself and each member of your Group that:
3.2.1 you have the right to make this agreement;
3.2.2 you have the authority of and act as agent for all others on whose behalf you are making the Booking;
3.2.3 that you are over the age of 18 years;
3.2.4 all of the information you give to us when you make a Booking is true, accurate and complete and that you are not acting as agent for anyone else apart from the people in your Group;
3.2.5 you have told us before the delivery of our services of anything which might affect the Booking or any advice or assistance we or the Service Provider might give including any disabilities to which you or a member of your Group are subject and which may affect the delivery of the services we provide;
3.2.6 you will follow any advice we give you in relation to the Booking; if you choose not to take we will not be liable for the consequences;
3.2.7 you and each member of your Group will at all times comply with the reasonable requests and conditions of the Service Provider - if you break this sub-Clause your Booking may be cancelled and you will not be entitled to any compensation; and
3.2.7 if you require any meetings prior to the event for which the Booking is made or any additional services during such event, you will pay the reasonable charges and expenses of the Service Provider for attending such meeting and/or providing such additional services;
The Equipment
3.3 in relation to the Equipment and on behalf of yourself and each member of your Group that:
3.3.1 you will at all times when the Equipment is in your custody, keep it safe and secure and free from damage;
3.3.2 you will not use the Equipment unless you are authorised by us or the Service Provider to do so and, if so authorised, you will use the Equipment only fully in accordance with all instructions supplied to you and in a manner which does not cause harm to others;
3.3.3 you agree fully and without limit to indemnify us and any relevant Service Provider from and against all liabilities, damages, losses, costs and other expenses in relation to any claims or actions brought against us or the Service Provider by any third party for any injury or loss to person or property (including personal injury and death) caused by or in connection to, or arising out of the storage, transit, loading, unloading, connection and installation or use of the Equipment in breach of sub-Clause 3.3.2, howsoever it comes about and in relation to both direct and indirect losses;
3.3.4 you will, on demand, return the Equipment to us or to the Service Provider in the same state and condition in which it was supplied to you, in the packing and with all accessories supplied with the Equipment and, if appropriate, fully and properly cleaned and emptied of all fluids - if the Equipment is not returned to us in the state and condition required by this clause you will pay all reasonable charges we incur, including reasonable recompense for the time we spend in returning the Equipment to such state and condition.
You agree to supply the following and warrant that it will function throughout the Booking subject only to failure by your service provider:
4.1 a standard 13 amp electrical socket;
4.2 a safe and secure covered environment free from any obvious or inherent danger and undue access by members of the public;
4.3 sufficient space to allow the Service Provider to operate its equipment properly;
4.4 full access to the venue and the site upon which the Service Provider is to set up its equipment at least 60 minutes before the agreed start time for the Booking; and
4.5 the Service Provider will attempt to obtain suitable free parking within 200 yards of the venue if that is not reasonably possible you will reimburse any fees paid by the Service Provider, in full on production of the appropriate receipts.
4.6 you will provide any playlists and/or song requests, at least 7 days before the date of the event.
5.1 Either we or our affiliates own all of the information and intellectual property on the Site.
5.2 You don’t have the right to copy or use any of that information or intellectual property other than to use the Site, unless we give that right to you.
6.1 When making a Booking for services, you acknowledge and agree that we will be acting as your agent (we are not the agent of the Service Provider);
6.2 On your behalf, we will make a contract with the Service Provider , when you confirm your Booking.
6.3 When making a Booking for Equipment which we supply ourselves, you acknowledge and agree that we are the “Service Provider” for the purposes of these Terms and Conditions and that we are not your agent but a supplier of hiring services for the Equipment.
7.1 No contract exists between you and the Service Provider until we have indicated to you that the Booking has been accepted by the Service Provider.
7.2 We will hold all monies you pay for a Booking until the Booking has been accepted by the Service Provider.
8.1 We agree to make no charge to you for the services we provide (save and except for the rental of our own Equipment) and you accept that we earn commissions from Service Providers.
8.2 You agree that we may receive and retain all and any commission that is paid to us by a Service Provider in relation to the Booking.
8.3 If you make a payment for a Booking using the services we provide and that payment is later dishonoured, taken back by your bank or we are otherwise obliged to return it to your bank then and in any such instance, you agree that you will repay to us:
8.3.1 the amount dishonoured, taken back or returned;
8.3.2 a sum of at least £25 to cover the administrative expenses to which we are put as a result;
8.3.3 an amount equivalent to interest at the rate of 6% above the base rate from time to time of Barclays Bank plc on such amount from the date upon which the money ceased to be held to our credit to the date we receive payment from you (whether before or after judgment).
8.4 You agree that you will pay the balance due to the Service Provider in cash on the day of the Booking and before the Service Provider commences to provide its services. Should you fail to do so, the Service Provider has the right not to perform but the balance due to it will still be due and payable.
Cancellation
9.1 If you are buying services from us as a consumer then the following provisions apply:
9.1.1 for the purpose of the Regulations we may confirm these Terms and Conditions and the goods and services we are providing to you in the email in which we confirm your Booking;
9.1.2 you may cancel any Booking by telling us in writing (either by letter sent by 1st Class Signed For delivery or email to the address from which the Booking was confirmed) within the period of 14 days from the date the Booking was made and in that event we will refund to you 100% of the cost of that Booking. Unless we agree otherwise you must cancel the whole Booking and not part of it;
9.1.3 if you cancel after the date referred to in sub-Clause 9.1.2 you will be obliged to pay:
9.2 If you are not buying as a consumer you may not cancel the Booking.
9.3 If we or the Service Provider are not able to honour your Booking for any reason, we may cancel that Booking by giving you 14 days’ notice in writing (either by letter sent by 1st Class Signed For delivery or email to the address from which the Booking was confirmed) and without reason and in that event our sole liability will be to refund to you the amount you have paid to us for the Booking.[CH2]
Amendment
9.4 If you wish to amend your Booking we will advise the Service Provider and assist you in making that amendment but you accept and agree that we have no control over whether an amendment can be made and in relation to any additional costs which that amendment may incur.
Delays
9.5 You acknowledge that your Booking is for a specific time and if your premises are not available at that time the Service Provider may cancel the Booking but retain the fee.
9.6 If you feel that there may be a delay, you agree to contact us as soon as you are aware of the delay and we will contact the Service Provider in order to find out if they can accommodate that delay.
9.7 If the Service Provider does not arrive on time, let us know as soon as you can and we will do our best to arrange a solution.
Service Provider Failure
9.8 If the Service Provider lets you down, please follow these simple rules:
9.8.1 As soon as you can, tell the Service Provider and make a note of the time and date of your complaint and details of what, if any, promises have been made.
9.8.2 If the Service Provider doesn’t solve the problem, quickly, get in touch with us
9.8.3 Remember that the earlier you tell the Service Provider (or us) about the problem, the sooner it can be solved – If you don’t make a complaint until after the event is over, there is very little than can be done.
We will not retain any information relating to your bank or credit cards.
We and you agree that our Privacy and Cookie Policy forms part of these Terms and Conditions.
12.1 We can’t promise that this website will meet your needs; that it will work properly; that it will be fit for a particular purpose and that it will not infringe the rights of others.
12.2 We can’t promise that the Site will work with all systems; that it will be secure and that all information provided will be accurate.
12.3 Any advice given on the Site is general in nature and may not apply to you and/or your circumstances. You must take steps to double check that that advice is effective for you.
12.4 We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage caused by material on the Site, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur.
12.5 Because we cannot know and understand your personal circumstances, we cannot guarantee that any suggestion in any material we provide will cause any specific outcome and any and all such material is provided by way of general suggestion only and not in any form of warranty on our part as to any outcome you may achieve.
12.6 The only rights you have under these Terms and Conditions are those mentioned within them. If a right is not mentioned (unless it is a right given to you under the laws of England and Wales) then it does not exist.
13.1 If you experience delays or difficulties with your Booking you must contact us, as soon as you can.
13.2 You should always try to resolve the problem as soon as you can, with the Service Provider and you have a legal duty to keep your losses to a minimum but our Customer Charter applies to all Bookings
14.1 We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.
14.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time.
15.1 As far as we are allowed by law, we deny liability for any losses of all kinds which you incur from visiting the Site. You use the Site at your own risk.
15.2 We do not accept any liability if you are using the services we supply for commercial purposes.
15.3 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
16.1 We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.
16.2 Just because we link to a site does not mean that we endorse or recommend that site.
16.3 We can never guarantee that a link will work.
16.4 If you find any link we offer to be offensive, please let us know and we will consider removing it.
16.5 If you link to any other site using the Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
17.1 We’ve already said this, but we need to make it clear that these Terms and Conditions will change from time to time and we don’t have the resources to let all our visitors know about the changes. As a result you MUST come back to this page to make sure that we haven’t changed these Terms and Conditions and whenever you access the Site, you are confirming to us that you are aware of any changes.
17.2 We’ve also got the right to change the Site as and when we want to, but these Terms and Conditions will still apply to any changes we make.
18.1 These Terms and Conditions are made under the laws of England and Wales and that is the only jurisdiction which can govern it.
18.2 We and you agree that any agreement to which these Terms and Conditions apply does not form the basis of any partnership or co-venture.
18.3 These Terms and Conditions supersede any previous agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
18.4 Time will not be of the essence in any part of these Terms and Conditions.
18.5 All parties acknowledge and agree that they have not entered into any agreement to which these Terms and Conditions apply in reliance on anything said or promised by the other which is not in these Terms and Conditions.
18.6 If something outside our control happens and that prevents us from performing our services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the service as soon as we can. If we cannot perform the service within a reasonable time, we can cancel it.
18.7 If a Court or other body says that any part of these Terms and Conditions is unenforceable, the rest of them will stand.
18.8 If either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.
18.9 These Terms and Conditions contain the entire understanding between us.
