Terms & Conditions

TERMS & CONDITIONS

 

1.

 

This booking is subject to these
Terms and Conditions of Hire.  By signing the Agreement, you are
entering into a contract with JeremyDurrant.com, acting as an Employment
Agent for the reservation of the Artiste, named in the Agreement, and are
agreeing to be bound by these Terms and Conditions.  The Agreement
also forms a contract between you and the Artiste, subject to the Terms
& Conditions stated here.

2.

 

The fee,
and all the relevant details for the event are stated overleaf. These were
the details given at the time of the booking. Please inform us urgently if
there are any errors.

3.

 

A booking is only confirmed by JeremyDurrant.com
once we are in receipt of the returned Agreement, signed by the Client,
together with the reservation fee. Until such time as this condition has
been met, the booking will be treated as an enquiry only and JeremyDurrant.com
reserves the right to accept an alternative booking for the Artiste without
notification.

4.

The Artiste on this Hire
Agreement will be holding this date exclusively for you from the agreement
date and therefore they will continue to turn away all other work for this
event which is booked for .  The potential
loss of work to the Artiste is real and tangible, and so cancellation fees
will be charged.

5.

 

The terms of this Agreement do
not allow for cancellation other than by mutual consent of all parties and
confirmed in writing. JeremyDurrant.com will charge the following fees
should a cancellation occur:

 

 

a.

 

Within
30 days of the event

 

The
full agreed fee.

b.

 

Within
60 days of the event.

 

50%
of the full agreed fee.

c.

 

Within
120 days of the event.

 

25%
of the full agreed fee.

 

 

The reservation fee will not be
returned under any circumstances.  Cancellations are not accepted by
e-mail or telephone, only in writing.  Once we have received your
notice of cancellation, we will confirm this to you via return
letter.  If you do not receive this letter within 48 hours, do not
assume that your event has been cancelled.

6.

 

The balance of the total fee
(less any reservation fee and other payments made) can be made by sending a
cheque to JeremyDurrant.com 14 days prior to the event date payable to the Artiste
or can also be made in CASH to the Artiste on the day of performance before
any entertainment is due to begin.

7.

 

It is The Clients’ legal
responsibility to comply with and ensure that current Health & Safety
regulations are in place and any place of performance is fit for the use
intended. A safe electrical supply must be provided. All outside situations
(Marquees/Outbuildings) must be dry, undercover and made safe for
electrical use and insulated from the ground. A separate sheet regarding
our electrical requirements for Marquees will be made available at the time
of booking.

8.

 

Smoke machines can only be used
with the prior written consent of the venue management.

9.

 

A minimum clear floor space is
required of 3 metres x 2 metres with a head height of 3 metres. A minimum
of 2 x 13 amp power sockets must be available within 5 metres of the set up
area. If other additional entertainment is booked, adequate floor space must
be available for all the performers and changing facilities provided if
required.

10.

 

A minimum of 1hr is required for
rigging and a further hour to dismantle and load the equipment into our
vehicle. This must be taken into account when planning any arrangements.

11.

 

In the unlikely event of the
Artiste being unable to perform due to unforeseen circumstances such as
illness or any other emergency, JeremyDurrant.com will endeavour to arrange
for a suitable act with similar equipment and experience to cover the
performance for the same price.

12.

 

The Client realises that whilst
we have excellent DJ backup in place, and every reasonable safeguard is
assured, the breakdown of any electrical equipment can be an unavoidable occurrence
and is often outside of our control. We will however make every reasonable
effort to rectify the situation. In the extremely unlikely occurrence of a
non-performance, or if a total failure occurs, The Client will be refunded
in full. In this situation, this will be the full extent of our
liability. 

13.

 

The Client is responsible for
the conduct of all persons attending the event whether those persons are
invited or not. We do not take any responsibility for controlling rowdy
behaviour, or ejecting unwanted persons from the venue. JeremyDurrant.com
and it’s DJ’s have the right to perform in a safe environment. We reserve
the right to terminate the performance should any physical/verbal abuse, or intimidating actions be made to the DJ, Venue,
Staff or any of those persons present at the event. Under these circumstances
no refund will be given.  JeremyDurrant.com and it’s DJ’s also reserve
the right to terminate the performance should our equipments’ safety be
compromised in any way.

14.

 

No other persons or performers
may use any of the equipment provided other than by prior consent of the
Artiste.

15.

If performance time is requested
in excess of that agreed overleaf this will be at the discretion of the
Artiste and subject to additional fees charged at our overtime rate.
Any additional fees must be paid to the Artiste in cash in advance of the
extra services being performed.  All requests for additional playing
time must be cleared with the Venue management  team
beforehand.

16.

Any delayed set up time and
subsequent delayed start time due to the overrun of any prior proceeding,
or of situations outside of our control will not warrant any extension of
the stated finishing time or any fee reduction.  Such situations may
include, but are not limited to, poor access, room clearing and dancefloor preparation.

17.

 

All
prices include VAT at the current rate.  We endeavor to ensure that
the prices displayed are correct, however we
reserve the right to validate/update prices before we process your order.
In these instances, if this impacts on your order, we will contact to
you to advise you of this.  All prices are stated in GBP.

 

 

 

 

EQUIPMENT
HIRE TERMS & CONDITIONS

 

1      General

 

1.1  Any terms or conditions sought to be imposed by either party
shall not be incorporated into the Contract and shall have no effect unless
agreed to in writing by the other party.

 

1.2  JEREMYDURRANT.COM agrees to let, and the HIRER agrees to take on the hire of
the Equipment described in the Schedule attached and subject to the Terms and
Conditions set out below.

 2
Prices 

2.1  The prices for the hire of equipment are set out in the
Schedule. Our terms of payment are 20% non-refundable deposit upon booking, and
full payment 7 days prior to the hire, unless other terms are agreed in writing. The HIRER shall, if required by JeremyDurrant.com,
pay a security deposit at the commencement of the hire period.

 

2.2  JEREMYDURRANT.COM shall be entitled to make a reservation charge in respect
of Equipment reserved by the HIRER.

 

3      Risk

 

3.1  As soon as we have delivered the hire equipment (or it is
collected from our premises), you will be responsible for it and we will not be
liable for any loss or destruction. Therefore, you would need to take necessary
steps to insure the items.

 

4
Commencement
& Termination

 

4.1  JEREMYDURRANT.COM may terminate this Agreement forthwith by giving written
notice to the HIRER and re-take possession of the Equipment in the event of:

4.1.1      any material
breach of this Agreement by the HIRER which has not been immediately remedied
(if capable of remedy) following a written demand by JEREMYDURRANT.COM.

4.1.2      if any order is
made, proceedings are commenced or a resolution is passed, for the liquidation
or winding-up of the HIRER.

4.1.3      if a distress or
execution is levied against any property of the HIRER

4.1.4      if a liquidator
or receiver or administrator is appointed in respect of the undertaking or any
property or assets of the HIRER.

4.1.5      if the HIRER
ceases or threatens to cease to carry on its business or is unable to pay its
debts as they fall due or enters in any arrangements with creditors generally.

4.1.6      if JEREMYDURRANT.COM
reasonably believes that its rights in the Equipment are in jeopardy.

 

4.2  If JEREMYDURRANT.COM has supplied Equipment on negotiated
terms for a Hire period, JEREMYDURRANT.COM shall, unless otherwise agreed, be
entitled to payment of all rentals due up to the end of the agreed hire period
notwithstanding the earlier return of the Equipment to JEREMYDURRANT.COM.

 

5      Ownership of the Equipment

 

5.1  Title in the Equipment shall never pass to the HIRER and the
HIRER’S interest in the Equipment shall only be and remain that of HIRER.

 

5.2  The Equipment shall remain personal moveable property and shall
continue in the ownership of JEREMYDURRANT.COM notwithstanding that the same
may have been affixed to any land or building. The HIRER shall be responsible
for any damage caused to any such land or building by the affixing to or
removal there from of the Equipment (whether the same be effected by JEREMYDURRANT.COM
or the HIRER) and shall indemnify JEREMYDURRANT.COM against any such claim made
in respect of such damage.

 

5.3  The
HIRER shall agree not to sell, offer for sale, assign, mortgage, charge or
sublet the Equipment or this Agreement or the letting hereunder, nor hold
itself out as the owner of the Equipment and shall not create or allow to be
created, any lien or other encumbrance on the Equipment.

 

5.4  The HIRER shall affix to and maintain upon the Equipment such
plates or identification marks, as JEREMYDURRANT.COM shall require, showing
that the Equipment is the property of JEREMYDURRANT.COM.

 

5.5  The HIRER shall not cause or permit the Equipment to be removed
from the HIRER’S possession without the prior written consent of JEREMYDURRANT.COM.

 

5.6  The HIRER shall assume the entire risk of damage to or loss of
the Equipment or any part thereof. Insurance of the equipment is the
responsibility of the HIRER whilst on hire to the HIRER.

 

5.7  JEREMYDURRANT.COM or its authorised representatives may enter at all times
during normal business hours, at any premises to inspect the Equipment and,
upon termination, to repossess the Equipment.

 

5.8  The
HIRER agrees to indemnify and keep indemnified JEREMYDURRANT.COM, against all
liabilities, actions, claims, damages, costs and demands suffered or incurred
by JEREMYDURRANT.COM, as a result of a claim made by a third party arising out
of the state, condition or use of the Equipment or in any way out of its hiring
hereunder. 

 

5.9  On termination of this Agreement for whatever reason, the
HIRER shall immediately return the Equipment or make the same available for
collection by JEREMYDURRANT.COM and shall grant JEREMYDURRANT.COM all necessary
access to repossess the same.

 

 

6      Delivery

6.1  The HIRER
shall unless otherwise agreed with JEREMYDURRANT.COM, be responsible for the
collection and return of the Equipment from and to JEREMYDURRANT.COM’S
premises.

 

6.2  JEREMYDURRANT.COM will at the request of the HIRER, procure delivery of the
Equipment to the HIRER’S premises or venue, subject to payment by the HIRER of JEREMYDURRANT.COM’S
charges for delivery.

 

6.3  JEREMYDURRANT.COM
will use all reasonable endeavours to make the Equipment available on the date
required by the HIRER but shall not be liable for any costs or claims arising
as a result of delay.

 

6.4  JEREMYDURRANT.COM will either repair or replace, in each case at no charge to
the HIRER, any Equipment which is found by JEREMYDURRANT.COM to be defective or
not capable of obtaining any published specification as a result of faulty
design, manufacture or workmanship. The HIRER shall give JEREMYDURRANT.COM
written notice of any claim made hereunder, as soon as reasonably practicable
and in any event within twenty four hours after the alleged defect has come to
the HIRER’S knowledge. It is expressly agreed between the parties that JEREMYDURRANT.COM
may be absolved from all liability under this condition if the Equipment has
been modified in any way by the HIRER or if it has been used for any purpose or
in any manner other than that for which it was designed or if it has in any way
otherwise been misused.

 

6.5  JEREMYDURRANT.COM does not accept responsibility for any consequential,
indirect or economic loss or damage howsoever arising except to the extent that
the same is attributable to negligence on the part of JEREMYDURRANT.COM or its
employees.

 

7      Payment Terms

 

7.1  Unless the Agreement provides otherwise, the price for the hire of
equipment shall be payable no later than 7 days ahead of the hire start
date.  The time stipulated for payment
shall be of the essence of the Agreement. Failure to pay within the period
specified shall entitle us to write to you upon the expiration of seven days notice, to charge you for costs and expenses incurred
in recovering late payments, and to charge interest at the rate then in force
pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the
due date.

 

7.2  If paying by credit card the HIRER will be required to provide
full card details at the time of order placement. JeremyDurrant.com reserves
the right to check the validity of the credit card by the appropriate
organisation.

 

7.3  All invoices shall be paid without deduction. In the event of
an error or query on the invoice, payments shall be made to JEREMYDURRANT.COM
for the whole amount claimed less the amount queried or in error.

 

7.4  We shall be entitled to charge interest on overdue invoices
from the date when payment becomes due from day to day until the date of
payment at a rate of 1.5% per annum above the base rate of the Bank of England.

 

8      Conditions of Use

 

8.1  The HIRER shall ensure that the Equipment is operated in a
skilful and proper manner by persons competent to operate the same and in all
respects in accordance with all instructions and any operations manual provided
by JEREMYDURRANT.COM for the use of the Equipment and shall ensure that such
directions and instructions are fully understood and will be observed by all
persons operating the Equipment.

 

8.2  The
HIRER shall not make or permit to be made any alterations, modifications or
additions to the Equipment and shall not carry out any repairs or authorise the
carrying out of any repairs to the Equipment by a third party without JEREMYDURRANT.COM’S
prior written consent.

 

8.3  The HIRER shall take all reasonable proper care of the
Equipment and keep the same in good and serviceable condition (reasonable fair
wear and tear excepted) and shall indemnify JEREMYDURRANT.COM against loss of
or damage to the Equipment howsoever caused and shall give JEREMYDURRANT.COM
immediate notice of any such damage.

 

9      Right to Cancel

 

9.1  We will permit you to cancel this Agreement by sending written
notice no later than 7 days after the date on which this Agreement has been
signed. If you request cancellation at a later date, then unless we are in
breach of contract, we have the right to refuse [or] retain all or part of your
deposit as a contribution towards any losses or costs we suffer as a result of
the cancellation.

 

9.2  Upon the termination of this Agreement before the end of the
Hire period, the HIRER shall pay to JEREMYDURRANT.COM on demand the aggregate
of:

 

9.2.1      all rentals and other sums due or in arrears at the date of
termination under this Agreement.

9.2.2      all costs (including legal costs) incurred as a result of a
breach of this Agreement including repossessing and restoring the Equipment to
its proper condition.

9.2.3      as agreed damages, a sum equal to the aggregate rentals that
would have become due hereunder during the Minimum Period had this Agreement
not been terminated, less a discount for accelerated payment of 3% per annum
compounded on (and at the frequency of) each rental payment outstanding.

 

9.3  We reserve the right to cancel this Agreement if your location
is outside our service area.

 

10   Performance

 

The performance of the equipment
provided by JEREMYDURRANT.COM will be supplied in accordance with
manufacturer’s published performance details or within performance acceptance
criteria.

 

 

 

11   Force Majeure

 

11.1          If either party to this Agreement is prevented or delayed in
the performance of any of its respective obligations under this Agreement by
“force majeure”, then such party shall be excused the performance for so long
as such cause of prevention or delay shall continue;

 

11.2          For
the purpose of this Agreement ‘force majeure’ shall be deemed to be any cause
affecting the performance of this Agreement arising from or attributable to
acts, events, omissions or accidents beyond the reasonable control of such
party and inter alia including, but not limited to the following:

 

11.2.1       strikes, lockouts or other industrial action;

 

11.2.2       civil commotion, riot, invasion, war
threat or preparation for war;

 

11.2.3       fire, explosion, storm, flood,
earthquake, subsidence, epidemic, bad weather or other natural physical
disaster;

 

11.2.4.      impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or private
transport; and

 

11.2.5       political interference with the
normal operations.

 

12   Invalidity

 

If any part of these terms and
conditions is unenforceable (including any provision in which we exclude our
liability to you) the enforceability of any other part of these conditions will
not be affected.

 

13   Liability

 

13.1.         Except for death or personal injury
caused by our negligent acts or omissions we shall only be liable for any loss
or damage which is a reasonably foreseeable consequence of a breach of this
Agreement.

 

13.2.         You will be responsible for all claims,
liabilities, damages, costs and expenses suffered or incurred by us as a result
of your breach or default in the discharge of your obligations.

 

13.3.         Where we need to carry out work on your
premises (or those hired for the event) and/or install equipment, we will not
accept liability for the cost of repairing or replacing parts of your existing
system (or those of the venue) which occur due to faults in your system unless
we have been negligent in not realising that such damage may occur or in the
way we did the work.

 

13.4.         Nothing
in this Agreement shall exclude or limit JeremyDurrant.com’S
liability for death or personal injury resulting from JeremyDurrant.com’S
negligence or that of its employees, agents or sub-contractors.

 

14   Governing Law

 

All Hire of equipment shall be
governed by and interpreted in accordance with the laws of England and the
parties submitted to the jurisdiction of the English Courts, but JEREMYDURRANT.COM
may enforce any such Hire of equipment in any court of competent jurisdiction.

 

In the event of a dispute or
difference arising from these conditions or the interpretation thereof or
otherwise arising from the Hire of the equipment under these conditions, such
dispute or differences shall be referred to arbitration by a single arbitrator
mutually agreed between the parties or failing such agreement, by an arbitrator
nominated by the President of the Institute of Arbitrators. Any such
arbitration shall be conducted in accordance with the Arbitration Act 1950, and
by application of the law of England.

 

15   Entire Agreement

 

15.1.         This Agreement contains the entire
agreement between the parties relating to the subject matter and supersedes any
previous agreements, arrangements, undertakings or proposals, oral or written.

 

15.2.         Nothing in this Agreement is intended
to, nor shall it confer any rights on a third party.

 

15.3.         We reserve the right to make minor
changes to this Agreement from time to time. Any major changes will only be
made with your agreement.

 

16   Customer Services

.

16.1.
        To protect your own interests
please read the conditions carefully before signing them. If you are uncertain
as to your rights under them or you want any explanation about them please
write or telephone using the address and telephone number set out above.

 

16.2.         If you are unhappy with any aspect of
our service, please contact our office. Any complaints will be dealt with
sympathetically and we will work with you to reach a satisfactory conclusion.

 

17   Data Protection

 

You consent to the computer storage and processing of your
personal data by us in connection with this Agreement and to the transmission
of this data across JeremyDurrant.com and its business partners for the
purposes of our legitimate interests including statistical analysis, marketing
of our services and credit control. If you breach this Agreement, your personal
data may be disclosed or passed to third parties to the extent necessary to
assist recovery procedures.