The ‘Contract’ shall refer to these terms and conditions, all attached schedules, event documentation, proposals and correspondence.
The ‘Correspondence’ shall refer to all proposals, letters, emails, telephone conversations and any other form of communication in relation to the event.
The ‘Client’ refers to the customer described in all Correspondence, event documentation, proposals and schedules.
The ‘Event’ means all services, drinks, entertainment and meals as described in the Correspondence, event documentation, schedules and proposals.
‘Seventa Events’ shall refer to 19ten ltd trading as Seventa Events.
‘Bookings’ mean any event booked and agreed between the Client and Seventa Events.
Unless otherwise stated in writing by a director of Seventa Events; all Orders, Bookings and/or Events accepted by Seventa Events are subject to the under mentioned terms and conditions.
No binding contract shall be formed until Seventa Events has received confirmation of an order by notice in writing from the Client, and that order is accepted in writing by Seventa Events. Furthermore, Seventa Events shall be under no obligation to perform the contract unless the Client has paid the agreed deposits defined below.
Seventa Events reserves the right to accept clear instructions (either orally or in writing) from a Client to proceed with the Event and to enter into commitments on behalf of a Client. The Client shall thereon be liable for all costs and expenses incurred by Seventa Events in pursuance of the Client’s instructions and shall in all other respects be liable to Seventa Events for its fees, charges and commissions.
A confirmation means that (at Seventa Events’ discretion and subject to receipt of payment) Seventa Events 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.
Deposits: a deposit to be agreed at the time of confirmation must accompany all orders accepted by Seventa Events. No such deposits are returnable, except at the sole discretion of Seventa Events.
The balance of all amounts due for an Event must be paid four weeks prior to the Event taking place unless otherwise agreed in writing by Seventa Events and the Client.
All prices are exclusive of VAT, unless otherwise stated, which shall be payable at the rate(s) ruling at the date of invoice.
Any extra expenses incurred over and above the total anticipated cost of the Event are to be paid upon receipt of invoice.
All charges unpaid after their respective final date for payment shall carry interest on the amounts outstanding at a rate of 2% above the Bank of England base rate to be calculated on a daily basis.
Seventa Events reserves the right to cancel or suspend the performance of the contract if payment dates are not adhered to by the Client.
All payments due from the Client shall be made without any set-off, deduction or deferment of any nature.
Any queries arising from the invoice must be communicated to Seventa Events within 14 days of date of the invoice. Failure to notify Seventa Events of any query within these 14 days will render the full invoice payable on the due date.
Save where a fixed price has been agreed and recorded in writing by Seventa Events, all prices quoted by Seventa Events may be amended upon notice to the Client in the event of errors or omissions in any quotation or Correspondence or where an increase or decrease of price is caused by a change in circumstances beyond the reasonable control of Seventa Events, including increases or decreases in prices imposed upon Seventa Events by its suppliers in connection with an Event.
If Seventa Events, in its absolute discretion and in writing, waives the conditions relating to payment for an event as set out in this clause, such waiver shall not prejudice the rights of Seventa Events 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.
All Bookings of whatever nature are accepted at the discretion of Seventa Events and on the understanding that the number of persons for whom the event is arranged is to be regarded as the minimum and that no refund or allowance shall be made by Seventa Events if fewer persons actually attend the Event.
After confirmation Seventa Events will endeavour to accommodate any reasonable increases in attendance numbers, but will be limited to the maximum capacities supplied by the Venue or any other relevant suppliers.
If the numbers are varied from the original quotation or Correspondence at the Client’s request Seventa Events reserves the right to submit a revised quotation for the Event.
If the client wishes to cancel an Event, notice of cancellation from the Client must be made in writing to Seventa Events.
Seventa Events reserves the right to charge the Client a cancellation fee in the event that the Client provides Seventa Events with a written notice of cancellation. The cancellation fee will be calculated as the greater amount of either:
50% of the total expenses that Seventa Events has incurred in respect of all preparations, construction, orders and provision of goods and services for the Client at the cancelled event; or
If the cancellation notice is received by Seventa Events before midnight on the 70th day prior to the Event, 50% of the total event cost as per the details in the event documentation;
If the cancellation notice is received by Seventa Events after midnight on the 70th day prior to the event, but before midnight on the 43rd day prior to the Event, 75% of the total event cost as per the details in the event documentation;
If the cancellation notice is received by Seventa Events after midnight on the 43rd day prior to the Event, 100% of the total event cost as per the details in the event documentation.
Seventa Events may cancel an order, Booking or Event at any time, upon providing written notice to the Client, if:
i) The Client is in breach of any of the Terms and Conditions including, without limitation, any term relating to payment; or
ii) 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
iii) The Client, being an individual, has had a bankruptcy petition presented against them, has become bankrupt, insolvent or entered into an arrangement with their creditors;
If the Client intends to use the Event(s) booked as a competition prize, this must be disclosed to Seventa Events on Booking who may have to seek permission from some or all of Seventa Events’ suppliers. Should permission be refused, Seventa Events reserves the right to cancel the Booking.
If the Client wishes to change a confirmed order, Seventa Events must receive from the Client a written statement to this effect, and the request will be effective from the date of receipt by Seventa Events.
It is not guaranteed that any requests for amendment will be satisfied, however Seventa Events will make its best efforts to accommodate the amendments, subject to availability and payment by the Client of an Amendment Fee.
An Amendment fee will only be applicable to the Client’s amendment in the event that Seventa Events incurs any additional costs as a result of the amendment.
Seventa Events, or its employees, will not under any circumstances be liable to the Client in contract, tort (including negligence) or otherwise for loss of revenues or opportunities, goodwill, reputation or any type of special, indirect or consequential loss (even if such loss was reasonably foreseeable or Seventa Events had been advised of the possibility of the Client incurring the same).
Any loss or damage to equipment or property connected in any way to the Event will be the responsibility of the Client and all replacement and repair costs will be charged in full.
Seventa Events does not accept any responsibility for the loss or damage of personal property belonging to Clients or their guests.
Neither Seventa Events nor its employees shall be liable for any death, 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 death, injury, loss, illness, delay or expense results from either the proven negligence or a deliberate action or omission of Seventa Events. Seventa Events’ liability shall in all cases be limited to the sums paid by the Client and exclude all indirect or consequential loss of whatever nature. Nothing in this clause shall affect Seventa Events liability for death or personal injury caused by its negligence, for which Seventa Events maintains insurance of up to £10million per claim or series of related claims.
The Client agrees to indemnify Seventa Events against any injury, damage, loss, illness, delay or expense caused to the Venue, its employees, licensees or invitees or any other person or persons attending the booked Event except insofar as such injury, loss, illness, delay or expense results from either the proven negligence or deliberate action or omission of Seventa Events.
The Client warrants that adequate insurance cover is held to cover such risks.
Seventa Events relies entirely on its suppliers for correct information and, whilst all details are given in good faith, Seventa Events cannot accept responsibility for any inaccuracies in respect of information provided by its Suppliers.
Sub-contractors may be engaged on behalf of the Client. The liability of Seventa Events in their failure to perform is limited to the value of the sub-contractor’s services.
8. Third Parties
Should for any reason, an Event be wholly or partly cancelled or postponed owing to circumstances beyond the control of Seventa Events(‘Force Majeure Events’), Seventa Events shall not be liable to refund any part of the fees paid by the client, save for refunds that will be made where Seventa Events are able to secure a refund on the bookings that they themselves have made in connection with a particular Event and, should such a refund be made, then Seventa Events will account to the Client having made a deduction of 10% for administration charges.
Whilst Seventa Events do not exercise direct control over the running of hotels, venues, caterers, entertainers and other services, Seventa Events will always endeavour to protect the interest of its Clients by vigilant selection of third parties contracted to supply within its packages.
Seventa Events will not be held liable for any loss, damage or disappointment due to unforeseeable or unavoidable circumstances beyond the control of Seventa Events, including but not limited to Force Majeure Events.
Insurance for any Events, Damage, Personal Accident or Cancellation is not included, unless otherwise specified.
It is advised that the Client takes out an insurance policy of its own to cover personal accidents, cancellation and other possible effects, should this not be included in any proposal from Seventa Events.
Assistance in arranging other insurance in connection with any booked Event is offered by Seventa Events to the Client.
10. Conditions/Force Majeure
Seventa Events shall bear no liability for loss damage delay cancellation or failure of performance however arising if it has been caused by 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, acts of terror, fire, flood, exceptional adverse weather conditions, drought or inability to procure materials, venues or services except at increased prices due to any of the foregoing clauses (and in these circumstances Seventa Events may suspend or cancel the whole or any part of the Event). Seventa Events will endeavour to notify the Client as quickly as reasonably possible if such a Force Majeure event occurs and, a cancellation having been made, refunds will be dealt with in accordance with clause 5.
Seventa Events shall not be liable for any change in the Music and Dance License or the Alcohol and Beverage License issued to venues contracted by Seventa Events.
The liability of Seventa Events in respect of all claims arising under any contract shall be limited to the amount of the price or charges payable to Seventa Events under such contract.
If property belonging to Seventa Events (or supplier to Seventa Events) is willfully or negligently lost, damaged or stolen at an Event, the replacement cost is payable by the Client within 7 days from the date of the Event.
Accidental damage, loss or injury at an Event should be covered by the Client’s own insurance and no claim can be accepted by Seventa Events.
Seventa Events shall not be responsible for possessions brought to the Event by the Client or its guests; such possessions are brought to Events at the Client’s own risk.
The rights granted to the Client under this agreement may not be transferred or assigned to a third party without the prior written consent of Seventa Events.
This contract supersedes and excludes all prior representations, discussions, understandings or agreements in relation to the subject matter of this contract. The terms of this contract may not be modified except by agreement in writing signed by both parties or their representatives.
A failure to exercise or any delay or forbearance in exercising any right or remedy in relation to the contract shall not operate as a waiver of such right or remedy.
All event documentation is intended for the recipient only and may not be disclosed or provided to any third party without the written consent of Seventa Events.
12. Special Conditions
Seventa Events reserves the right to add further special conditions for specific bookings as and where considered appropriate. Any such conditions will be notified to the Client in writing prior to the Client’s confirmation and acceptance of those conditions.
Seventa Events CCTV and film cameras may be present at events organised by us, this includes filming by the police or security staff carried out for the security of attendees, and filming and/or photography by Seventa Events, their employees and/or agents. By entering into this agreement you give your express consent and confirmation that you have the consent of all persons attending the event to all such filming and to your and your customers actual or simulated likeness being included within any film, photograph, audio and/or audio visual recording (“Footage”), all rights in which will be owned by Seventa Events or the relevant third party. You also agree that any such Footage may be used by us in any and all media for any purpose at any time throughout the world, including (with the exception of CCTV or security Footage) for commercial purposes, such as merchandising or DVDs, without payment or compensation to you.
13. Warranty and Limitation
Seventa Events warrants that the services supplied by it will be provided with reasonable skill and care. Seventa Events’ liability under this warranty shall be limited as specified in these terms.
The warranty given above is given in lieu of and shall be deemed to exclude all other warranties and conditions whether express or implied and whether arising by common law, statute or otherwise.