TERMS AND CONDITIONS
“Conditions” the terms and conditions set out in this document and any special terms and conditions agreed in writing
“Contract” means the contract for the provision of the services
“Expenses” means any expenses to be paid calculated in accordance with the rates or charges set out in any scale of charges or as otherwise agreed
“Fees” means the fees set out or calculated in accordance with the rates or charges set out in any applicable rate band or scale of fees (or where no fee has been quoted a reasonable fee) excluding VAT
“Client” means the person, firm or company requesting the services in accordance with the conditions
“Working Days” are Monday to Friday 9am to 5pm
“Company” means Envisage Promotions Limited
“Personal Data” means personal data as defined under the act
“Services” means the services to be provided by the talent of which are specified in writing to the company which the talent is to carry out in accordance with these conditions
“Talent” means the person(s) performing the services
- Conditions Applicable
2.1 The conditions shall apply to the contract to the exclusion of all other terms and conditions.
2.2 No variation to these conditions (including any special terms and conditions agreed between the parties) shall be biding unless agreed in writing between the company and the client.
2.3 Any representations made by the company concerning the talent or the services shall not be incorporated into this agreement unless confirmed in writing by the company. In entering into the contract, the client acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
2.4 Any quotation given by the company may be withdrawn at any time prior to acceptance by the client and in any event shall lapse after 14 days.
2.5 Any alteration to the contract specification required by the client must be notified to the company promptly in which case the company may accept such alteration (subject to any increase in the Fees to reflect the alteration) at its sole discretion.
3 Acknowledgements and Obligations
3.1 The company shall not be deemed to act as an employment agency.
3.2 The client acknowledges and agrees that the company is authorised by the talent to negotiate and conclude the contract on behalf of the talent in respect of the services. Although the company will use its reasonable endeavours to ensure that the talent shall provide and perform the services in accordance with these conditions the company shall not be liable for any default of the talent under this contract.
3.3 The company agrees that they will source talent on behalf of the client. The talent will carry out services as detailed on the booking form supplied by the client which includes the scheduled times of the services requested. Any variations in the client’s requirements must be notified immediately to the company by phone and confirmed in writing and may be subject to additional cost.
3.4 The talent shall warrant that the services provided by them shall be performed with reasonable skill and care and in accordance with these conditions and the talent shall:
(a) Provide the services strictly in accordance with these conditions and what is detailed on the clients booking form.
(b) Ensure that any equipment provided by the client in connection with the performance of the services is safe and properly maintained. However, the client must ensure the talent are shown how to use the equipment properly and safely.
(c) Right to substitution: – Should be talent become unavailable the company has the right to replace the talent with a suitable alternative. Should the client decide not to replace that person then they may still be charged if the company finds a replacement.
3.5 The Client shall: –
(a) Provide the company and the talent with such information as may be necessary in connection with the provision of the services.
(b) Ensure that the location at which the services are to be performed comply with all relevant health and safety requirements. Any required risk assessments must be carried out by the client.
(c) Make available such facilities as may be reasonably required by the talent and the company.
(d) Maintain public liability insurance and such other insurance for such sums as maybe appropriate.
(e) Direct all requests for information and contact the talent only through the company unless otherwise agreed by the company including requesting the talent to work for them directly.
(f) Make available to the talent water/refreshments as may be reasonably required. This includes parking, entrance tickets, etc.
(g) Give breaks to the talent of at least 20 minutes every 4 hours. Some services may require additional breaks for the welfare and health and safety of the talent.
(h) Should notify the company immediately, during the talent services, if not satisfied that duties are being carried out in accordance with the booking form/brief supplied to the company. The client must give the company the opportunity to resolve any issues during the period of the event.
(i) Be responsible for collecting their clothing and equipment at the end of each working day from the talent. The company cannot be held liable should the talent take clients property home.
(j) Be responsible to ensure that items required for talent to carry out their duties on behalf of the client, are available for the start of the talent services. If items are not made available, which prevent the talent from carrying out their duties as detailed in the booking form, full payment is still required. The company accepts no responsibility for failure of courier companies or postal services not delivering items to the correct location or on time.
(k) Be responsible for obtaining permissions for the talent to carry out the services on behalf of the client. This includes services such as flyering, data collection and any activity that requires permissions in advance.
(l) Agree to provide all necessary access for the services to be provided such as entrance or parking passes and where not previously agreed will cover the associated cost or parking, entrance tickets in order for the talent to provide the services.
(m) The client must detail in full all the services to be carried out by the talent on the booking form. Any change to services must be notified to the company in writing for approval.
(n) The client must not ask the talent to carry out any duties not detailed in the booking form. Any additional duties must be agreed in writing by the company then the talent.
(o) The client is responsible for the talents safety and welfare at all times. The client, from the arrival time of the talent, until the end of their booking must be in control of the talent and are therefore their supervisors and have complete responsibility for the duty of care of the talent.
(p) Any manual work requested by the client must be agreed by the company and the client understands that their insurance must cover the talent for manual work. This is in addition to the insurance required above. The client is responsible for any required health and safety training.
(q) For talent(s) working alone and/or the client is not on site the client understands that they are still fully responsible for the talents welfare and are still in a supervisory role.
3.6 The client shall at all times comply fully with its obligations under the Data Protection Act.
3.7 The client shall not without the consent in writing of a duly authorised representative of the company expose, reveal or make public any information in connection with the business of the company or these terms and conditions. All of which information is to be regarded by the client as of a strictly confidential nature.
3.8 Unless required to do so in order to conform to legal requirements or comply with legal process the client shall not (and shall procure that its employees) at any time disclose any of the talent’s personal data to any person or legal entity for any purpose outside the course of the performance of the talent’s obligations under these conditions.
3.9 The client agrees that for a period of 24 months from the last date of performance of the services all re-engagements of the talent shall be negotiated with the company.
3.10 The client shall not obtain any rights of any kind or rights to use any materials provided by the company the talent or others in connection with the performance of the services unless expressly agreed in writing.
- Price and Payment
4.1 The client shall pay fees and VAT (if applicable). Payment terms and methods of payments will be clearly detailed on the invoice.
4.2 For bookings made within four working days of the event starting, full payment is required immediately on receipt of invoice.
4.3 Non-UK based companies must pay an initial deposit on receipt of invoice and remaining balance must be paid in full no later than seven working days prior to the event. Any international bank charges must be paid by the client.
4.4 Private individuals, sole traders, partnerships and other non-UK registered limited companies will be required to make an initial deposit of 50%, if terms are offered (or full payment) at time of booking. The remaining balance must be paid at least four working days prior to the event starting. Payment should be made as soon as possible on receipt of invoice. Some UK Limited companies will also need to make payment in full if they do not pass the necessary credit checks.
4.5 If credit terms are offered to a UK registered limited company, they must pay 50% to the company on receipt of the invoice.
If the deposit is not paid by the due date (as detailed on your invoice) then these terms may be with draw and the full balance of the invoice will automatically become due. Talent will not conduct their services until the full deposit is paid and cleared funds are received by the company. The remaining 50% balance of payment for the services must be received within seven days after the end of the services.
4.6 Late payment – if the client fails to pay the invoice or any remaining balance within terms as detailed on the invoice then the company reserves the right to claim interest at 8% above the Bank of England base rate and daily administration costs of £10 per day from the day the payment becomes overdue on a daily basis. Any legal fees connected with chasing payment will also be pursued from the client.
4.7 If the client fails to make payment when the company accepts the booking and receives the invoice then without prejudice to any other rights or remedy available to it the company shall be entitled to: –
(a) Cancel the contract and/or suspend any further performance of the services (whether under this contract or any other contract with the client).
(b) Charge the client interest at the rate of 8% above the Bank of England base rate plus an administration cost of £10 per day, from the time the payment becomes overdue until payment in full is made, calculated on a daily basis. Any legal fees connected with the chasing of payment will also be pursued from the client.
4.8 Terms will not be offered for services where the invoice value (excluding VAT) is less than £328.
4.9 For services within four working days’ full payment is required immediately on receipt of invoice.
4.10 Invoices are sent via email only; the onus is on the client to ensure we have the correct email address to send the invoice for payment.
4.11 Credit terms will only be considered upon receipt of the companies completed credit application and approved by the company’s finance team.
4.12 For newly registered companies (clients) terms may not be offered and full payment will be due prior to the services.
4.13 Administration charges for changes are subject to a £40 charge per change or 10% of the total fee for large or complex bookings.
5.1 Any warranty given by the talent or the company in respect of the services supplied shall be subject to the following conditions: –
(a) Neither the talent nor the company shall be under any liability in respect of any default arising from the client’s negligence or abnormal working conditions.
(b) Neither the talent nor the company shall be under any liability under any warranty or condition if the fees, expenses and VAT (if applicable) have not been paid by the due date.
(c) Neither the talent nor the company shall be under any liability under any warranty or condition for any alleged default of the talent or any complaint concerning the services where full details of such default or complaint have not been notified in writing to the company within 24 hours of the complaint.
5.2 Any liability of the talent or the company here under for any delay in performing or any failure to perform any of the services or the company obligations in relation to the services shall be limited to the excess (if any) of the cost to the client in the cheapest available market of similar services to replace those not performed over the fee’s.
6.1 Without prejudice to any other right or remedy available to it the company shall be entitled to cancel the contract or suspend any further performance under the contract without any liability on the part of the company or the talent.
6.2 The client shall not be entitled to cancel the contract without the prior written agreement of the company.
(a) If the client cancels within seven working days of the event start date then the client is required to pay the company the total cost for hire of talent services in full as the invoice.
(b) If the client cancels with more than seven working days’ notice from the start of the services. Then the client will be required to pay the company 35% of the total invoice. This excludes Santa bookings where the full amount will apply from the time of booking.
(c) For contracts/services that are seven days or greater, if the client cancels with more than seven days’ notice then 50% of the invoice will be due.
(d) If the client cancels and the services require advance expenditure (e.g. train/plane/hotels/outfits) the client agrees to reimburse these costs in full upon production of the associated receipt.
6.3 The company may cancel the contract if the talent is not happy to provide their services due to a variation in the terms of the assignment which are not indicated clearly on the booking form provided by the client. The company may also cancel the contract if the client is not adhering to section 3 of this contract. In either of these cases the contract shall be cancelled and 100% of the fee for the services will still be due by the client to the company.
The company may also cancel the contract or request talent to stop working if they feel the client is putting the talents welfare at risk or requesting the talent to carry out services not detailed in their booking form.
- Force Majeure
Neither party shall be liable for any delay in performing or failure to perform (other than a payment obligation) due to any act of god, act of terrorism, war, strike, lock-out, industrial action, fire, flood, drought, tempest or any other event beyond the reasonable control of either party. Such delay or failure will not constitute a breach of this Contract.
8.1 The talent is not directly employed by the company but engaged by them to provide services.
8.2 The company shall be entitled to perform its obligations here under through its agents or sub-contractors.
- General Data Protection Regulation – Data Protection
9.1 When booking talent, you as the client are the data controller, GDPR is very clear on this point. A data controller that engages a subcontractor in the role of processor always remains responsible for the data. It is the client’s responsibility to ensure they comply with the legislation, particular with respect to security. Instructions should be clear on the booking form and the talent briefed on why and how the data will be collected and how the client wants it to be stored.
9.2 The company has secure systems and processes in place to ensure your clients data is held securely. For more information on how we do this please go to http://www.envisagepromotions.co.uk/Privacy%20Policy%20EnvisagePromotions.co.uk.pdf
I have read and understood the Terms and Conditions set out above and agree to be bound by them.
By signing below or returning our booking form I am agreeing to ALL terms and conditions listed through paragraphs 1 to 8, fully inclusive. I agree to the above terms and conditions as they are now and we undertake to remit payment as detailed in section 4 ‘Price and Payment’.
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