(1) Cadence Entertainment Ltd
(2) The Client as named on the order
(A) The service provider carries on the business of the provision of Cadence Entertainment Limited relating to the hire and/or services specified in the attached Hire Agreement.
(B) The client has requested Cadence Entertainment Limited, to provide the equipment and/or services on the terms and subject to the conditions of this agreement (“the agreement”).
IT IS AGREED as follows:-
1 INTERPRETATION AND DEFINITIONS
1.1 Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
1.2 The headings contained in the agreement are for convenience only and do not affect their interpretation.
“Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 requiring the services Cadence Entertainment Limited and identified in the Hire Agreement.
“Supplier” refers to Cadence Entertainment Limited and its sub-contractors.
2.1 The supplier’s obligation to provide the equipment hire and/or services shall be provided by one or more of the suppliers staff or sub-contractor as considered appropriate (“the staff”)
2.2 The hire agreement shall specify the client, the fee payable by the client and such disbursements as may be agreed and any other relevant information.
3 THE CONTRACT
3.1 This agreement constitutes the contract between the client and the supplier and governs the equipment hire and/or services by the supplier for the client.
3.2 No variation or alteration of these terms shall be valid unless approved by the client and the supplier in writing except where changes to the services are necessary to comply with applicable safety and other statutory requirements, in which case the supplier may make such necessary changes without prior notification to the client.
4 UNDERTAKING OF THE SUPPLIER
4.1 The supplier warrants to the client that its Staff will carry out the services with reasonable skill and care and as far as possible in accordance with the terms of this agreement.
5 SUPPLIER’S OBLIGATION
5.1 The supplier agrees on its own part and on behalf of its Staff in accordance with the terms of this contract as follows:-
5.1.1 Not to engage in any conduct detrimental to the interests of the client which includes any conduct tending to bring the client into disrepute or which results in the loss of custom or business.
5.1.3 To furnish the client with any progress reports as may be requested from time to time.
5.2 Cadence Entertainment Limited reserve the right to replace any service in the event of any reason where the agreed service provider is unable to attend. Any additional cost incurred will be settled by Cadence Entertainment Limited.
6.1 The supplier shall provide all such necessary equipment as agreed at the time of order.
6.2 Should additional equipment and/or services be required these will be charged accordingly.
7 METHOD OF PROVIDING SERVICES
7.1 The supplier’s personnel are professionals who will use their own initiative as to the manner in which the services are delivered provided that in doing so the supplier shall co-operate with the client and comply with all reasonable instructions of the client.
7.2 When necessary the client will provide the supplier with appropriate access to the client’s facilities as is necessary for the effective conduct of the services.
8.1 Upon acceptance of the payment terms as outlined in the quotation between Cadence Entertainment Limited and the client an invoice will be raised accordingly.
8.2 Interest on overdue invoices shall accrue from the due date when payment becomes due from day to day until the date of payment at a rate of 8% above The Bank of England base rate and shall accrue at such a rate after as well as before any judgment. Overdue invoices are subject to a £45 +VAT late payment fee.
9 FEES (IF APPLICABLE)
9.1 Subject to the receipt of the supplier’s invoice in accordance with clause 8.1 above and verification by the client of execution of the services, the supplier will receive payment from the client for the services booking fee in accordance with the fee specified in the hire agreement.
9.2 All booking fees will be made to Cadence Entertainment Limited prior to the booking confirmation. Payment for the outstanding amount will be paid as per the clients agreed payment terms as set in the clients quotation.
10 OBLIGATIONS OF THE CLIENT
10.1 Throughout the term of this agreement the client shall pay the supplier the agreed amount in accordance with clause 8.1 and 9.1 above.
10.2 The client shall furnish the supplier with sufficient information about the services required in order for the supplier to arrange for the services to be carried out.
10.3 The client is responsible for the security of the equipment and we strongly advise insuring the equipment whilst onsite, all hire agreements show the value of the hire for insurance purposes. Losses, damages and theft during the hire period will be invoiced directly to the hirer.
11 TERM OF THE AGREEMENT
11.1 This agreement shall commence in accordance with the hire agreement and shall be considered ended at the stated time and date as detailed in the hire agreement.
11.2 All booking fees can be retained by Cadence Entertainment Limited for a period of 12 months with regard to using this fee against future bookings (within the 12 month period). Retained fees that are not reclaimed within 12 months are non-refundable. Failure (by the client) to adhere to the minimum required notice period (as specified in the hire agreement) shall result in full payment within the agreed payment terms.
11.3 An increase of charge shall occur as the cancellation date nears the event completion date. The Cancelation charges and time scales are as follows: 6 month notice – 50% 4 week notice – 75% 14 days notice – 100%
12.1 Cadence Entertainment Limited will not sell or pass details to any 3rd parties, all contact details held by Cadence Entertainment Limited are stored securely. Should you wish to have your details removed from our system please call us on 0117 9119558.
13 FORCE MAJEURE
13.1 The supplier shall not be liable for any breaches of its obligations under this agreement resulting from causes beyond its reasonable control including but not limited to Acts of God, fire, flood, explosion or other catastrophe.
13.2 Following the circumstances outlined in 13.1 Cadence Entertainment Limited reserve the right to cancel the services provided or in the event of a change of location or venue levy additional charges as appropriate upon agreement with the client.
DATA PRIVACY & PROTECTION STATEMENT
Who we are
Types of data we collect
For the purposes of providing the service as outlined within this event booking we will collect the following details: Full Name/s, address/s, telephone number/s, email addresse/s, name of key people involved in the event.
This information is held on our booking system and email system, we may also store this data on Google Calendars
We do not produce any newsletters or send emails to any mailing lists, however we may send an email from time to time requesting a testimonial, a review or a vote in an industry award.
We will not share your personal information with third parties. We will only share your data with our own team, its DJs or Bands. We do store your data on a number of cloud based platforms as part of our standard service processes, once you are a customer we will store accounting information using Xero (https://www.xero.com/uk/campaigns/xero-and-gdpr/#section-id-3) we store booking details using Current RMS (https://www.current-rms.com/gdpr-information/) If you use our direct debit facility this is provided by GoCardless (https://gocardless.com/legal/privacy).
Access to your personal information