InAnyEvent London’s Business T&C’s
OUR STANDARD TERMS FOR PROVISION OF SERVICES
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means any day other than a Saturday, Sunday or bank holiday;
means any day of the year;
means the contract for the provision of Services, as explained in Clause 3;
means an advance payment made to us under sub-Clause 5.5;
means the event for which you require the Services as described in your Order;
means any services which are to be provided by us to you as specified in your Order (and confirmed in our Order Confirmation);
means a calendar month;
means the price payable for the Services;
means your order for the Services
means our acceptance and confirmation of your Order as described in Clause 3; and
means InAnyEvent London a Private Limited Company registered in England under number 9785467 ,whose registered address is 40 Meadow Road, London SW8 1QB.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.
2. The Contract
2.1 These Terms and Conditions govern the sale and provision of Services by InAnyEvent London and will form the basis of the Contract between InAnyEvent London and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully.
2.2 Nothing provided by InAnyEvent London including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our discretion, accept.
2.3 A legally binding contract between InAnyEvent London and you will be created upon our acceptance of your Order, indicated by our Order Confirmation. Order Confirmations will be provided in writing.
3.1 All Orders for Services from InAnyEvent London made by you will be subject to these Terms and Conditions.
3.2 You may change your Order after receiving the Order Confirmation, before the Event begins. We will use all reasonable endeavours to accommodate any requested changes but cannot guarantee that we will be able to do so. If doing so means that we will incur higher costs, we will inform you and ask you how you wish to proceed before taking any action. We will not charge you a higher Price without your express agreement.
3.3 We may cancel your Order at any time before we begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of our reasonable control. If such cancellation is necessary, we will inform you as soon as is reasonably possible. If you have made any payments to us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of us informing you of the cancellation. Cancellations will be confirmed in writing.
4. Price and Payment
4.1 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where we have already received payment in full from you.
4.2 Before we begin providing the Services, you will be required to pay a Deposit of 50% of the total Price for the Services. The due date for payment of your Deposit will be included in the Order Confirmation.
4.3 The balance of the Price will be payable no later than 5 days prior to the date of the Event.
4.4 Additional items such as out of pocket expenses or any additional items requested by you will be invoiced separately to you. Please note that we will not incur any additional expense without your prior agreement.
4.5 If you do not make payment to us by the due date as shown on the invoice we may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of the Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum. Failure to make the payment by the due date may result in us not providing the Services. If this occurs, we will retain your Deposit in full to cover preparatory work already undertaken and our lost opportunity to provide services to another customer, and may still demand further payment for any part of the Services that we have already provided (including, but not limited to, preparatory work).
5. Providing the Services
5.1 As required by law, we will provide the Services with reasonable skill and care, consistent with best practices and standards in the event management market, and in accordance with any information provided by us about the Services and about us.
5.2 We will make every reasonable effort to provide the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of our control occurs.
5.3 If the information or items you provide for the facilitation of the Services is delayed, incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or items that you have provided we may charge you a reasonable additional sum for that work.
6. Our Liability
6.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
7. Events Outside of Our Control (Force Majeure)
7.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
7.2 If any event described under this Clause 7 occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:
7.2.1 We will inform you as soon as is reasonably possible;
7.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that we are bound by will be extended accordingly;
7.2.3 We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Services as necessary;
7.2.4 If the event outside of our control continues for more than 4 weeks, we may cancel the Contract in accordance with our right to cancel under sub-Clause 8.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of our cancellation notice.
If any of the following occur, we may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to us for any Services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible. For Services we have already provided, the relevant sums will either be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment.
8.1 You fail to make a payment on time;
8.2 You have breached the Contract in any material way and have failed to remedy that breach within 5 days of us asking you to do so in writing;
8.3 We are unable to provide the Services due to an event outside of our control (for a period longer than that in sub-Clause 7.2.4).
9. Other Important Terms
9.1 You may not assign your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
9.2 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
9.3 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
10. Governing Law and Jurisdiction
These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.