Terms & Conditions

These terms
 

    1. What these terms cover. These are the terms and conditions on which we supply services to you.

    2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or our related proposal document, please contact us  to discuss.
       

  1. Information about us and how to contact us
     

    1. Who we are. We are Art of Entertaining Limited a company registered in England and Wales. Our company registration number is 10657680 and our registered office is at Mill House, Mill Lane, Cookham, Berkshire: United Kingdom, England, SL6 9QT.

    2. How to contact us. You can contact us using the details set out on our proposal document.

    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.

    4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
       

  2. Our contract with you and our services
     

    1. Agreeing the contract. We like to meet with our customers to get to know them and their plans. After that, we send over a proposal with details of our services and pricing. By confirming your agreement with the proposal, or otherwise continuing to instruct us (including paying any deposit sums), you agree to the terms of the proposal and these terms and conditions, at which point a contract will come into existence between you and us. Our contract and our relationship is with the person or persons identified as our client in the proposal.

    2. External suppliers. Please note that as event planners, we do not provide all of the services which are described in our proposal or agreed between us. Where we use an external supplier (including but not limited to hire of equipment, space or vehicles, catering, music or entertainment) we will be acting as your agent. This means we act on your behalf in procuring those services, and the contract for those services will be between you and the external supplier. We will provide you with information about those services and their pricing as part of our proposal, or otherwise as part of our planning of your event. We help manage and organise those services, but we are not responsible or liable for the services or the acts or omissions of the external suppliers. If there is a problem with those third party services, we can help you take it up with the external supplier directly.

    3. Future projects. These terms and the general provisions of any proposal will also apply to any future work you ask us to do unless you and we specifically agree another proposal will apply to such future work.
       

  3. Our proposal
     

    1. Our written proposal and any other documents we provide will include details of:

      1. the nature of the services we provide;

      2. details of third party services which we can book on your behalf;

      3. pricing information; and

      4. cancellation terms.

    2. Our pricing information for our own services will either be on a fixed cost or a time spent basis, and will relate to services such as planning and attendance at the event.

    3. Our pricing information for third party services will be on a “commission included” basis, in which case we will receive commission from the external supplier, and/or on a “commission plus” basis, in which case we will impose additional commission on the cost of the third party services, which will be payable by you. The “commission plus” percentage will be set out in the proposal, and applies to all sums you pay (or are liable to pay) to the external supplier in relation to the event, and does not include any refunds or rebates they provide.

    4. We may also agree a “discretionary budget” with you, which we will use to cover additional costs (such as decorations and other extras) on your behalf. We will act as your agent when spending this discretionary budget.

    5. Once we have provided you with details of an external supplier, you cannot directly engage them to provide services in relation to the event. If you do so, we will still charge the “commission plus” percentage in relation to your payments to them, and we will not be required to liaise or work with them in relation to the event.

    6. If there is any conflict between these terms and conditions and the proposal, the proposal will take priority.
       

  4. Changes to the services
     

    1. Your changes. If you wish to make a change to the services (including if there are any changes to the event such as its date or location) please contact us. We will let you know if the change to the services is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

    2. Other changes. We may need to change the services if necessary because of circumstances outside of our reasonable control. External suppliers may also need to make changes, and we let you know if we become aware of any such changes and any effect it may have on price.
       

  5. Providing the services
     

    1. We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

    2. Access and information to provide services. We will need information from you about the event and your requirements, and access to the event venue. We will not be responsible for providing the services late or not providing any part of them if this is caused by us being unable to access the event venue as arranged, or having insufficient or incorrect information.

    3. Suspend the services. We may have to suspend the services to deal with technical problems or make changes to the services as requested by you or notified by us to you, or if you do not pay us for the services when you are supposed to.
       

  6. Ending the contract
     

    1. You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so. If the contract ends, we will also (unless you tell us otherwise) treat this as ending any agreements you have made through us with external suppliers to provide third party services. Regardless of why the contract ends, you must still pay for any work we have done before it ended, and reimburse any expenses or external supplier costs we have incurred on your behalf.

    2. Ending the contract for our breach. If you have a legal right to end the contract because of something we have done wrong, you can end the contract immediately by notifying us, and we will refund you for any services which have not been provided, subject to the terms of any external suppliers whose services you have agreed to purchase.

    3. We may end the contract if we are not able to provide the services. If we are not able for any reason to provide the services, we will let you know and end the contract. We will refund you for any services which have not been provided, subject to the terms of any external suppliers whose services you have agreed to purchase.

    4. We may end the contract if you break it. We may end the contract at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due or if you otherwise do not comply with your obligations under the contract and do not fix that non-compliance within a reasonable time.

    5. Ending the contract for any other reason. If you are ending the contract other than under clause 7.2, or we are ending the contract under clause 7.4, the contract will end immediately but we may charge you a cancellation fee (as set out in our proposal) as compensation for the net costs we will incur as a result of ending the contract. Cancellation fees may also apply for external suppliers whose services you have agreed to purchase. In those circumstances, we will only refund any costs or deposits paid if we have specified in the proposal that we will do so.

    6. Cancellation insurance. We would strongly recommend that you take out cancellation insurance in relation to your event. The contract, our (and any external supplier’s) cancellation provisions, and the limitations on our liability are provided on the basis that you obtain sufficient cancellation insurance.
       

  7. If there is a problem with the services
     

    1. How to tell us about problems. If you have any questions or complaints about the services, please contact us.

    2. Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
       

Summary of your key legal rights
 

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
 

The Consumer Rights Act 2015 says:
 

you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
 

If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

 

  1. Price and payment
     

    1. Where to find the price for the services. The price of the services (which includes VAT if chargeable) will be the price set out in our proposal or which we otherwise agree in writing with you. Some prices may be on an hourly or time spent basis, in which case we will let you know how they are calculated.

    2. Price changes. If an external supplier changes their prices, we will let you know and provide reasonable assistance in dealing with this. If changes to the services are required, this may also have an impact on pricing. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.

    3. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.

    4. When you must pay and how you must pay. Any deposits and payment terms will be set out within the proposal, or otherwise agreed with you. If our proposal does not specify payment terms, you will still have to pay each invoice within 14 calendar days after the date of the invoice.

    5. We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 9.4) we may charge interest to you on the overdue amount at the rate of 6% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us  interest together with any overdue amount.

    6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. Provided your dispute is raised in good faith and is reasonable, you will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

  2. Our responsibility for loss or damage suffered by you
     

    1. Restrictions on our liability. If we fail to comply with these terms, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We are also not responsible for any loss or damage caused by external suppliers who we have contracted with on your behalf.

    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

    3. We are not liable for business losses. We only supply the services for private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
       

  3. How we may use information

    1. How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.  You can find our Privacy Policy on our website. You must make sure that where you use personal data we provide to you, or where you provide personal data to us, you do so in compliance with applicable data protection law.

    2. Photos and other recordings. We may take photos or other recordings of events or our work or external suppliers’ work and use those to promote our services. If you, or any attendee at the event, objects to this, you must let us know at the time.
       

  4. Other important terms

    1. If you enter into the contract as a group. If you are a group of people (for instance, two people enter into the contract with us), we will be entitled to assume that instructions given by any one person are authorised by the other or others (and will not be required to confirm or check those instructions with other members of the group) unless you all inform us otherwise in writing. If we notify or inform one member of the group, we will be deemed to have notified or informed all of you. You are also each liable for the whole of the contract.

    2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

    3. You may only transfer your rights under our guarantee to someone else. You may only transfer your rights or your obligations under these terms to another person with our written consent.

    4. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need the consent of any other person to end the contract or make any changes to these terms.

    5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

    7. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.