Terms & Conditions
TERMS & CONDITIONS
- UNDERSTANDING THESE TERMS & CONDITIONS
A number of words are used in these Terms & Conditions which have special meanings. Where this is the case the relevant words as defined begin with a capital letter. The meanings of these specially defined words and other guides to understanding these Terms & Conditions can be found at the end of this document.
The Client, pursuant to the Contract engages Music 4 Asian Weddings to provide the Services to the Client and Music 4 Asian Weddings agree to provide the Services for the Client on the Event Date upon the terms and subject to the Terms & Conditions of the Contract.
All proposals made, quotations given, instructions accepted and contracts entered into by Music 4 Asian Weddings with any person representing the Client including the Bride/Groom, for the supply of the Services are subject to these Terms & Conditions. This excludes any other terms and conditions, verbal notice or declaration which the Client accepts or purports to accept.
All Bookings are only considered as confirmed Bookings if a booking form is received by Music 4 Asian Weddings, the requested Deposit has been received in cleared funds by Music 4 Asian Weddings, and the remaining balance has been received by Music 4 Asian Weddings four weeks prior to the Event Date.
The Services shall insofar as is reasonably practicable be provided in accordance with the specification (if any) set out in the Service Specification Sheet but subject to these Terms & Conditions.
Unless otherwise agreed by the parties in writing, the Client shall at its own expense supply Music 4 Asian Weddings with all necessary Documents or other materials, and all necessary data or other information relating to the Services, within four weeks before the Event Date to enable Music 4 Asian Weddings to provide the Services in accordance with the Contract.
The Client shall afford to Music 4 Asian Weddings all reasonable co-operation in all matters relating to the performance of Music 4 Asian Weddings’ obligations under the Contract.
Throughout the Term of the Contract the Client shall update Music 4 Asian Weddings on any information which directly or indirectly affects the Service Specification.
Music 4 Asian Weddings does not warrant, guarantee or undertake on behalf of any third party supplier or service provider that access to any facilities or any products or services will be uninterrupted or of any particular level of availability or quality.
Music 4 Asian Weddings does not warrant, guarantee or undertake on behalf of any third party supplier or service provider that the said provider shall attend the Event Date and perform, or carry out the third party service. This includes the DJ.
The Client understands that the Request for a specified DJ is a request only; Music 4 Asian Weddings does not warrant, guarantee or undertake that the DJ requested shall perform on the Event Date, without prejudice to the Contract and Terms & Conditions.
Any damage caused by the Client or any guests at the Event Date to Music 4 Asian Weddings’ Material, Music 4 Asian Weddings’ property or DJ property will result in the Client being liable in full.
To secure a reservation, a non-refundable, non-transferable date or client, deposit of 50% must be paid via bank transfer.
Subject to any special terms agreed in writing by the parties, the Client (and any representatives of the Client including the Bride/Groom all joint and severally) shall pay and are liable to pay the Deposit and Charges and any expenses together with such additional sums which are agreed between Music 4 Asian Weddings and the Client for the provision of the Services and any Additional Services.
All Charges and sums quoted payable by the Client under the Contract are exclusive of any VAT if applicable.
The Deposit must be paid by the Client to secure the Booking.
The Deposit is inclusive of VAT if applicable and is specified in the Contract.
Receipt of cleared funds of the Client Deposit confirms the Client’s acceptance of all Terms & Conditions and details in the Contract and Service Specification Sheet being correct.
The remaining Charges which will be informed prior to the event when possible, and any additional sums payable shall be paid in full by the Client into such account as Music 4 Asian Weddings shall reasonably instruct (together with any applicable VAT and without any set off or other deduction whether for withholding tax or otherwise) four weeks before the Event Date. Charges informed of after the event are due immediately upon notification to the client.
If the Deposit and Charge payment is not made four weeks before the Event Date (not including the Event Date), Music 4 Asian Weddings shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 8% above the base rate from time to time of Bank of England Plc from the date notice should have been given being four weeks before the Event Date until the outstanding amount is paid in full.
If in the event that a Booking is made in short notice, i.e. within four weeks before the Event Date, the Client agrees that the full invoice amount and Charges must be paid immediately. Failure to do so will result in an incomplete booking and Music 4 Asian Weddings may rely on the usual Termination terms below.
The Client shall be liable for costs incurred as a result of the Client’s instructions or lack of instructions, the inaccuracy of any Client Material or any other cause attributable to the Client.
The Client shall reimburse Music 4 Asian Weddings for all out of pocket expenses incurred by it in connection with the Services & Additional Services for the Client, for example, meals, car parking charges, hotel bookings, flights, travel including mileage allowance when using its own transport etc. Hotel bookings by the client should be at least 4 star in rating and agreed to by Music 4 Asian Weddings. Hotel accommodation would be required when travel from our base to the venue exceeds 2 hours or setup is required by or prior to 8:00am or we would be required to travel before 7:00am or unless otherwise requested by Music 4 Asian Weddings. Travel costs (mileage allowance) will be calculated as a return journey at 50p per mile from our office address to the venue using google maps unless the proposal includes travel. Minimum travel (mileage) allowance will be £15 regardless of actual distance, unless otherwise stated within our proposal. All expenses must be paid four weeks prior to the event or upon notification if the event date less than four weeks.
Music 4 Asian Weddings will not be obliged to provide any Services unless the Deposit, Charges, all fees and disbursements due to it in relation to the provision of the Services are received in advance of the Event Date.
Music 4 Asian Weddings shall be entitled to vary its standard Charges from time to time by giving not less than 7 days’ written notice to the Client.
Should an event exceed the lessor of the time stated on the invoice or 7 hours from groom arrival as stated on the booking form/itinerary to vidaai Music 4 Asian Weddings shall be entitled to charge the Client an additional £100 per hour or part thereof which the client must pay in full immediately of being notified or additional late payment charges with interest will be applied at the sole discretion of Music 4 Asian Weddings.
The property, copyright and any other intellectual property rights in any Music 4 Asian Weddings Material shall belong to Music 4 Asian Weddings or the DJ, subject only to the right of the Client to have the benefit of Music 4 Asian Weddings Material during the Event Date.
The Client warrants that any Client Material and its use by Music 4 Asian Weddings for the purpose of providing the Services will not infringe the copyright or other rights of any third party and the Client shall indemnify Music 4 Asian Weddings against any loss, damages, costs, expenses or other claims arising from any such infringement.
Music 4 Asian Weddings does not permit recording of its material and will not provide music feeds to other suppliers.
- CONFIDENTIAL INFORMATION
The parties agree on the following terms not at any time during the time leading up to and the Event Date to divulge or allow to be divulged to any person any confidential information relating to the business or affairs of the other party to this Contract.
All information (including, without limitation, the terms of the Contract, business and financial information, customer and vendor lists and pricing and sales information) disclosed by either of the parties (“the Disclosing Party”) to the other party (“the Receiving Party”) pursuant to the Contract shall be confidential. The Receiving Party shall maintain the confidentiality of all such information and shall not, without the prior written consent of the Disclosing Party (i) utilise the same, directly or indirectly, for its own business purposes or for any other purpose or (ii) disclose the same to any third party. This clause does not apply to any information in the public domain or which is required to be disclosed in respect of the provision of the Services by Music 4 Asian Weddings, or pursuant to an order issued by a court of competent jurisdiction or applicable law or regulation or information which is disclosed by the Receiving Party to its professional advisors on a confidential basis.
The Client specifically undertakes at all times to keep confidential any Music 4 Asian Weddings confidential information (including this document, the lists or specific customer details and information relating to Music 4 Asian Weddings’ business or affairs) confidential and specifically not to disclose (whether or not for profit) such list or information to any competitor of Music 4 Asian Weddings or any other person, firm or company engaged in similar activity during the Term and at any time following the date of expiry or termination of the Contract.
- WARRANTIES & LIABILITY
Music 4 Asian Weddings warrants to the Client that the Services will be provided using reasonable care and skill.
Except in respect of death or personal injury caused by Music 4 Asian Weddings’ negligence, or as expressly provided in these Terms & Conditions.
Music 4 Asian Weddings shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of anticipated savings, business revenues, or profits (whether categorised as direct or indirect) or any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all other such loss whether or not arising in the normal course of business), damages, costs, expenses or other claims (whether caused by the negligence of Music 4 Asian Weddings, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Client.
The entire liability of Music 4 Asian Weddings to the Client under or in connection with the Contract shall not in any event exceed £100.
The Client agrees to indemnify and keep Music 4 Asian Weddings fully indemnified from and against any loss, claim or liability whatsoever incurred or suffered by Music 4 Asian Weddings as a result of negligence or any default by the Client (or its employees, agents or representatives) of its obligations however arising in connection with the Services, together with expense, claim, loss or damage which Music 4 Asian Weddings or any of its employees, agents, sub-contractors and other clients) may suffer due to the negligence or breach of the Client (or its employees, agents or subcontractors).
The Client agrees and acknowledges that the allocation of risk in this clause is fair and reasonable in the circumstances having been taken into account in setting the level of the Charges.
- FORCE MAJEURE
Music 4 Asian Weddings 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 Music 4 Asian Weddings’ obligations under the Contract if the delay or failure was due to any circumstances or cause beyond Music 4 Asian Weddings’ reasonable control.
Without prejudice to the generality of the foregoing, circumstances beyond Music 4 Asian Weddings’ reasonable control shall include act of God, server crashes, virus attacks on equipment, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, damage, bad weather, software, power or equipment failure, strikes, lockouts or other industrial actions or trade disputes (whether involving employees of Music 4 Asian Weddings or of a third party).
Cancellations will be charged on the following scale:
- If more than 6 months before the Event Date: Deposit only forfeited and non-transferable.
- If 6 months or less: The client is liable for full payment.
The Contract may be terminated. Any termination of the Contract pursuant to this clause shall be without prejudice to any other rights or remedies a party may be entitled to under the Contract or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
Music 4 Asian Weddings reserves the right to cancel its services if payment conditions are not upheld. Receipt of your booking Deposit confirms your acceptance of all Terms & Conditions and details.
Should your event not proceed or would be deemed unsafe to proceed on the Event Date due to Covid-19 or related issues then we shall endeavour to reschedule your booking to another mutually convenient date. All requests to change the date should be in writing. If we are unavailable for your new Event Date then any monies you have paid will be refunded, less any reasonable cost incurred including time spent preparing for your event and administrative costs at the sole discretion of Music 4 Asian Weddings.
The Client agrees and irrevocably declares and acknowledges as follows:
Music 4 Asian Weddings shall be entitled at its discretion to immediately terminate this Agreement and the provision of Services (or take all or any actions as are authorised under the Terms & Conditions) in the event that the Client becomes a prohibited person (under relevant law including without limitation, by reason of capacity, solvency, qualification, undischarged bankruptcy, criminal or civil prosecution, residency or international embargo or restriction) or engage in any unlawful business (under relevant law, including without limitation any illegal activity, Music 4 Asian Weddings prohibited activities or activities not previously notified to or approved in writing by Music 4 Asian Weddings).
Under no circumstances shall Music 4 Asian Weddings and the Music 4 Asian Weddings officers are required to take any action which they consider unlawful or improper or which in their opinion may cause any of them to incur any personal liability and such refusal shall be without liability or breach of contract.
Any notice or other communications to be given under the Contract shall be in writing and may be delivered by hand or sent by first class prepaid recorded delivery post or sent by facsimile transmission (or if the recipient is in another country by prepaid airmail) or Email to Music 4 Asian Weddings’ address as detailed in the Contract.
Communications shall be deemed to have been received, if delivered by hand at the time of delivery, if posted three (3) working days or (10 (ten) working days if prepaid airmail) after posting, and if sent by fax transmission or Email, at the date of transmission.
These Terms & Conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other warranties terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
Music 4 Asian Weddings may employ sub-contractors for carrying out any part of the Services and shall be entitled at all times in its absolute discretion to decide the number of and which of its employees agents or sub-contractors shall provide the Services on behalf of Music 4 Asian Weddings. Referrals from other companies will mean you are also subject to their terms and conditions, which shall prevail if there is a conflict with these terms and conditions.
No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
The parties acknowledge and agree that the Contract shall not establish or constitute any relationship of partnership, joint venture, franchise or agency between the parties except as otherwise expressly provided or agreed and neither party shall have the power to bind the other without the other’s prior written consent.
The Client shall not assign all or any of its rights or obligations under this Agreement without the written consent of Music 4 Asian Weddings. References to the Client include its personal representatives, permitted origins and successors in title. Each party warrants its power to enter into the Contract and has obtained all necessary approvals to do so.
Except as expressly provided (including in respect of indemnity), the parties do not intend any term of this Contract to create any rights or benefits to any other party other than the parties to the Contract or to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of any third party which exists or is available apart from the Act.
If any provision of the Contract or these Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract or these Terms & Conditions and the remainder of the provision in question shall not be affected.
Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the Act referred to.
Unless the context otherwise requires, words importing the singular shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa; and references to persons shall include bodies of persons whether corporate or incorporate.
Headings are inserted for convenience only and shall not affect the construction or interpretation of these Terms & Conditions.
English law shall apply to the Contract and these Terms & Conditions, and the parties submit to the jurisdiction of the English courts.
The Client for the exclusive benefit of Music 4 Asian Weddings submits to the exclusive jurisdiction of the High Court of Justice in England and waives all rights to object to forum.
Nothing in this Agreement shall limit the right of Music 4 Asian Weddings to take proceedings in any other court of competent jurisdiction or in more than one jurisdiction, whether concurrently or not.
The Client by this provision irrevocably appoints and authorises the person, firm or entity (if any) in the United Kingdom set out in the Contract to accept service on its behalf of all legal process and service on the entity shall be deemed good service on the Client.
The following words and phrases shall have the following meanings unless the context requires otherwise:
“Services” – means the Service DJs services for Hindu weddings.
“Additional Services” any other services other than the Services agreed to be provided by Music 4 Asian Weddings to the Client on agreed terms and set out as such in the Services Specification.
“Charges” Music 4 Asian Weddings’ charges are for the provision of the Services and unless otherwise expressly agreed with the Client and specified in the Invoice.
“Deposit” Music 4 Asian Weddings shall charge a deposit as specified on the invoice which shall be inclusive of VAT.
“Booking” Acknowledgement by Music 4 Asian Weddings that they are providing the Service to the Client.
“Music 4 Asian Weddings Material” any Documents, equipment or other materials, and any data or other information provided by Music 4 Asian Weddings in connection with or relating to the Services including any targeted press or mailing list.
“Invoice” the contract for the provision of the Services to which these Terms & Conditions are appended and incorporated.
“Documents” includes, in addition to a document in writing, any map, plan, graph, drawing or photograph, any film, negative, tape or other device embodying visual images and any disc, tape or other device (electronic or otherwise) embodying other data.
“Client Material” any Documents or other materials, and any data or other information provided by the Client relating to the Services.
“Event Date” the date specified in the boking form from the start date to the end date being the period for the provision of the Services as set out in the Contract unless terminated in accordance with the provisions of these Terms & Conditions.
“DJ” the contracted Disc Jockey that Music 4 Asian Weddings arranges to perform on the Event Date