1. In these Conditions:
“CLIENT” means the person, firm or company whom requests any of the Services from the Promoter.
“CONDITIONS” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Promoter and the Client
“CONTRACT” means the contract for any of the Services
“EVENT(S)” means any event provided by the Promoter
“SERVICES” means any product, order or service provided by the Promoter
“WRITING” includes email, letter, text message, facsimile transmission and comparable means of communication.
2. No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Promoter and the Client.
3. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, rate card, acceptance of offer, invoice or other document or information issued by the Promoter shall be subject to correction without any liability on the part of the Promoter.
4. The Promoter shall have at its absolute discretion the right to cancel, suspend or change the date of any event.
5. The Client shall be solely responsible for ensuring the accuracy of any copy supplied (including any artwork) to the Promoter prior to the copy deadline date. If the Promoter does not receive the Client’s copy before the copy deadline date the Promoter reserves the right to use any previous copy used by the Promoter and the Promoter shall not be responsible for any errors or emissions arising. If the Client is unable to produce any copy then the Promoter shall have the right to invoice the Client, in full, for the scheduled service(s). Copy deadline date is the date determined at point of order and shown on the booking confirmation.
6. No order which has been accepted by the Promoter may be cancelled or transferred by the Client except with the agreement in writing of the Promoter. If the Promoter accepts the Client’s request to either cancel or transfer any of the Services within the following time periods the surcharge appearing adjacent to the time period will apply to the Client: Any cancellation to which a multiple booking discount has been applied will be re invoiced at rate card before surcharges are applied.
Period of cancellation or Transfer prior to date of booking confirmation will result in the following amount of surcharge:
7. The Client shall pay the price of any of the Services together with any value added tax (less any discount to which the Client is entitled, but without any other deduction) no later than 14 days of the date of the invoice. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
8. If the Client fails to make any payment on the due date then the Promoter reserves the right to refuse the Client entry to the event and apply 100% cancellation surcharge
9. The Client grants to the Promoter a worldwide royalty free licence to reproduce and display any of the artwork, trade marks and brand features
10. If the Client books a series of events and/or services and the Promoter has granted the Client a discount on normal rates for those particular events/ services and the Client cancels the series of events/ services before the end of this series. The Client shall pay to the Promoter the amount of the discount that the Promoter has given to the Client in respect of the events/ services provided up to and including the date of cancellation.
11. The Promoter shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Promoter’s obligations in relation to any of the events / services, if the delay or failure was due to any cause beyond the Promoter’s reasonable control. Without prejudice to the generality of the following shall be regarded as causes beyond the Publisher’s reasonable control:
11.1 Act of God, explosion, flood, tempest, fire or accident;
11.2 wars or threat of war, sabotage, insurrection, civil disturbance or requisition;
11.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
11.4 import or export regulations or embargoes;
11.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Promoter or of a third party);
11.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
11.7 power failure or breakdown in machinery.
12. The Client shall be liable for any bookings or series of bookings for events and/ or services without prejudice in the event that:
12.1 The client makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
12.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Client; or
12.3 The Client ceases, or threatens to cease, to carry on business; or
12.4 The Promoter reasonably apprehends that any of the events mentioned above are about to occur in relation to the Client and notifies the Client accordingly.