Terms of Engagement - Terms & Conditions for Events

1) DEFINITIONS:

The following definitions apply unless the context requires otherwise.

'Consultant' means Russ Plummer trading as BARSQ.

'Client' means an individual, firm or company who makes a Booking with the Consultant.

'Quotation' means any written or verbal quotation submitted by the Consultant to the Client.

'Booking' means a written or verbal order placed by the Client in response to a Quotation.

'Confirmation' means the written or verbal acceptance by the Consultant of a Booking.

'Event' means the event(s) or series of events which are the subject of a Booking and /or Confirmation.

2) GENERAL:

These Terms and Conditions shall apply to all dealings between the Consultant and the Client to the exclusion of any other terms and conditions whether they appear on the stationery or correspondence of the Client or elsewhere, unless otherwise agreed in writing by the Consultant.

3) CONFIRMATION:

Booking the Consultant's services either verbally or in writing by the Client will be taken as acceptance of quoted charges and these terms and conditions.

Although a contract is formed when the Booking is received by the Consultant, the Consultant shall not be bound to enter into any commitment to make bookings or arrange an Event on behalf of the Client unless the deposit referred to in clause 6 has been received and cleared through the Consultant's bank.

The Consultant reserves the right to accept clear instructions (either oral or in writing) from a Client to proceed with a Booking and to enter into commitments on behalf of a Client regardless of whether a deposit has been received. The Client shall thereon be liable for all costs and expenses incurred by the Consultant in pursuance of the Client's instructions and shall in all other respects be liable to the Consultant for its fees, charges and commissions.

A Confirmation means that (at the Consultant's discretion subject to payment of the deposit) the Consultant will proceed to arrange the event and book facilities. It does not mean that the facilities are confirmed to be available and booked. All Confirmations are subject to availability.

4) NUMBERS:

All Bookings of whatever nature are accepted on the understanding that the number of persons for whom the event is arranged is regarded as the minimum and no refund or allowance shall be made by the Consultant if fewer persons actually attend the Event.

After Confirmation, the Consultant will endeavour to accommodate any reasonable increases but regrets that no allowance can be made if the numbers are less than those detailed in the Booking by the Client.

If the numbers are varied from the original Quotation at the Client's request the Consultant reserves the right to submit a revised quotation for the Event.

5) CANCELLATION:

Should the Client cancel the Booking, it may do so by giving either written notice or verbal notice which is to be confirmed by the client in writing within three days, and in these circumstances the following conditions shall apply:

• Cancellation is on the express condition that the Client shall indemnify the Consultant against all loss, costs, damages, claims or actions arising out of such cancellation;
• Deposits shall be retained by the Consultant and used so far as possible to offset costs incurred including, without limitation, the loss of profit to the Consultant due to the cancellation;
• Unless written notice of the cancellation is received by the Consultant at least 30 days prior to the Event, the unpaid outstanding balance of the total price quoted or the event shall become immediately payable by the Client;
• All costs and expenses incurred by the Consultant up to the time of written cancellation shall be payable by the Client to the Consultant;
• The Consultant will endeavour to obtain refunds from suppliers, and where obtained, these will be taken into account, after due allowances for any administration costs involved.

The Consultant may cancel a Confirmation at any time, upon notice to the Client if:

• The Client is in breach of any of the Terms and Conditions including, without limitation, any term relating to payment; or
• The Client, being a company, has had a winding up petition presented against it, has entered into administration, receivership, liquidation or an arrangement with its creditors; or
• The Client, being an individual, has had a bankruptcy petition presented against it, has become bankrupt, insolvent or entered into an arrangement with its creditors; or
• The venue or another key element of the Event is cancelled by the provider of the venue for the Event or another main supplier for the Event for any reason, not including default of the Consultant; or
• Cancellation is reasonably necessary due to the occurrence of a Force Majeure event as referred to in clause 9.

Where the Consultant cancels an Event in accordance with the above, the conditions set out in the first point of clause 5 shall apply.

If the Client intends to use the Events booked as a competition prize, this must be disclosed to the Consultant on Booking who may have to seek permission from the Event organisers. Should permission be refused the Consultant reserves the right to cancel the Booking.

6) PRICES AND PAYMENT:

All prices are quoted exclusive of Value Added Tax (VAT) or Goods and Services Tax (GST).

A deposit of 50% of the anticipated cost is payable by the Client upon Confirmation by the Consultant. The balance of 50% is payable 28 days prior to the Event.

Payment on or before the due date is of the essence of the contract and is a condition precedent for the provision of the Event. All payments due from the Client shall be made without any set-off, deduction or deferment of any nature.

A Booking made within 28 days of an Event must be accompanied by payment in full.

All accounts for additional services or goods [requested by the Client] provided at an Event and not included in the Quotation are payable within 14 days following presentation of the invoice.

Any queries arising from the invoice must be communicated to the Consultant within 14 days of the invoice date. Failure to notify the Consultant of any query within 14 days will render the full invoice payable on the due date.

Save where a fixed price has been agreed and specified as such in writing, all prices quoted by the Consultant may be amended upon notice to the Client in the event of errors or omissions in any Quotation or where an increase is caused by a change in circumstances beyond the reasonable control of the Consultant, including increases in prices imposed upon the Consultant by its suppliers in connection with an Event.

If the Consultant in its absolute discretion, and in writing waives the conditions relating to the payment of deposits at prescribed dates prior to the Event such waiver shall not prejudice the rights of the Consultant to recover from the Client the amount which would otherwise have been payable under these terms and conditions in the event of a cancellation or amendment of a Booking.

The Consultant reserves the right to withhold documentation (including without limitation event tickets where applicable) for the Event unless payment has been received in full.

Where outstanding amounts due from the Client have exceeded the Consultant's payment terms, the Consultant reserves the right to charge interest calculated on a daily basis at a rate of 2% per month above national base rate.

7) LOSS AND DAMAGE:

Any loss or damage to equipment or property will be the responsibility of the Client and all replacement and repair costs will be charged in full.

The Consultant does not accept any responsibility for the loss or damage of personal property belonging to Clients or their guests.

8) LIABILITY:

Neither the Consultant nor its employees shall be liable for any injury, damage, loss, illness, delay or expense caused to the Client, its employees, licensees or invitees or any other person or any other persons attending the booked Event except insofar as such injury, loss, illness, delay or expense results from the proven negligence or deliberate action or omission of the Consultant. The Consultant's liability shall in all cases be limited to the sums paid by the Client and excludes all indirect or consequential loss of whatever nature. Nothing in this clause shall affect the Consultant's liability for death or personal injury caused by its negligence, for which the Consultant maintains insurance of up to £5 million per claim or series of related claims.

The Consultant relies totally on its suppliers for correct information and whilst all details are given in good faith, the Consultant cannot accept responsibility for any inaccuracies.

Sub-Contractors may be engaged on behalf of the Client. The liability of the Consultant in their failure to perform is limited to the value of the sub-contractor's services.

9) FORCE MAJEURE:

The Consultant shall bear no liability for loss damage delay or failure of performance however arising caused in circumstances outside of its control including (but not limited to) Acts of God, civil commotion, strike, work to rule or go slow, lock-outs, hostilities, fire, flood, drought or inability to procure materials, venues or services except at increased prices due to any of the foregoing causes (and in these circumstances the Consultant may suspend or cancel the whole or any part of the Event). The Consultant will endeavour to notify the Client as quickly as reasonably possible if a Force Majeure event occurs. In the event of Force Majeure occurring and a cancellation being made, refunds will be dealt with in accordance with clause 5.

10) SPECIAL CONDITIONS:

The Consultant reserves the right to add further special conditions for specific bookings, as and where considered appropriate, and any such conditions will be notified to the Client in writing prior to Confirmation.

11) WARRANTY AND LIMITATION:

The Consultant warrants that the services supplied by it will be provided with reasonable skill and care. The Consultant's liability under this warranty shall be limited as specified in clause 8.

The warranty given above is given in lieu of and shall be deemed to exclude all other warranties and conditions whether express or implied whether arising by common law, statute or otherwise.

12) ADVERTISEMENT

The Consultant reserves the right to display the Consultant's contact details (Consultant's name, link to website or contact telephone number) on any project completed by the Consultant for promotional purposes relating to BARSQ. Any amendments to the information relating to the Consultant must be agreed in writing prior to any such amendments.