Terms of Service
TERMS & CONDITIONS OF SERVICE
Effective: 1st April 2019
Please read these terms and conditions of service (“Service Agreement”) very carefully.
This Service Agreement is a legal contract between the Client and M and B Limited T/A SilentDisco.NZ (Provider).
The Client agrees to be bound by this Service Agreement and accepts its terms and conditions (unless the Client has signed a separate formal service agreement with the Provider, in which case the separate agreement shall govern).
This Service Agreement constitutes the entire agreement between the Client and SilentDisco.NZ relating to the equipment rental, or, purchase of goods or services from the Provider and supersedes all other written and/or oral agreements between the parties.
The Service Period will be from the date and times specified in the Clients Booking Form. The Provider is not responsible for obtaining any licence that may be required to stage the Client’s event. The Client shall ensure that any such licences are obtained prior to the event.
The Provider undertakes to provide the Client with the equipment and/or services booked, in good working order, on the date(s) agreed. The Provider will ensure all hire equipment is thoroughly cleaned, checked and counted prior to delivery or collection from the Provider. It is the Client’s responsibility to store the equipment securely, and be responsible for it and the way it is used until collection. It is the Client’s responsibility to ensure that the equipment supplied is suitable for the Client’s specific purposes.
UPON DELIVERY or COLLECTION
The Client is required to check (within 4 hours) and count the quantity of equipment supplied on delivery or collection from the Provider. The Client must advise the Provider via Phone, Text and/or Email of any adverse equipment issues at this time. Advice after the Client’s event will not be considered as advice of any discrepancy. If the Client does not advise the Provider of any equipment issues before the event then the Providers inventory count will be deemed as true and final. The Client agrees to check the equipment is: (a) in clean condition; (b) in satisfactory working order/fit for purpose; and (c) of the quantity and specifications as ordered.
SETUP and TESTING
Setup instructions are provided however it’s the Client responsibility to familiarise themselves with the setup procedure and test the equipment before it’s intended use. If technical assistance is required this can be provided via the Providers technical support telephone number. If the Client does not familiarise themselves and test the equipment before the event then the Providers assistance may be limited and no refunds can be made in these circumstances.
LOSS, DAMAGE and CLEANING
The Client acknowledges that it shall be responsible for any lost, stolen, damaged or broken equipment or parts thereof during the hire period. A cleaning charge will be applied to all goods returned dirty or still containing, but not limited to, foodstuffs, makeup, or sticky residues. In the event of a major incident affecting the equipment including, but not limited to: fire, theft, flood, or act of God, the Client must notify the Provider as soon as possible as this may affect future bookings.
If any headphones, transmitters or any other equipment is missing or severely damaged (unrepairable) the Client agrees to pay the Provider the replacement costs at the following rates: Headphones – $49.95 each; Transmitters $159.95 each; Charge Packs $49.95 each, Storage Containers $49.95 each, iPods/Tablets – $320 each; Other equipment (including audio cables, DJ lighting, loudspeakers etc) charged at standard new RRP for the same or equivalent replacement.
COLLECTION and RETURNS
Client’s are advised to ensure the equipment is properly packaged and sealed in containers prior to return. All hire items must be packed up as they were received and stored in an accessible place ready for collection. It is the Clients responsibility to ensure that the equipment is collected as agreed and scheduled, even if to be collected from a third party venue or persons.
Missed collections are liable to be charged for an additional nights hire of the equipment, as well as an additional charge for collection. The Provider reserves the right to claim for any other losses resulting from unreasonable loss or damage, or major incidents, including, but not limited to, time and expense, and any loss of revenue.
PAYMENTS, SECURITY BOND and OWNERSHIP
A non-refundable reservation fee in the amount of 50% of the total cost is due upon agreement of this contract.
The remaining amount and any Security Bond is due to be paid 14 days in advance of the Client’s Event.
For bookings at peak times (e.g. Public Holidays, New Years Eve) the Provider may request payment of the full amount including the Security Bond at the time of booking, otherwise the booking will not be secured.
Please deposit payment into our bank account
Bank Name: BNZ Bank
Account Name: M and B Limited
Account No.: 02-0832-0063813-000
The Security Bond amount is returned to the Client upon the safe return of the Providers equipment. In the case of lost, stolen, damaged or broken equipment, the Security Bond monies will be used to cover the cost to remedy any such loss. If the security bond held by the Provider does not cover the full amount required to remedy the loss then an invoice for the remaining balance will be issued to the Client and must be paid within 7 Days.
LATE and NON PAYMENTS
The Provider reserves the right to charge interest up to 10% per month on overdue accounts. Should payment in full not be paid within 60 days, legal action will be taken to recover the debt owing without further notice. The Client shall be liable to pay all expenses, costs or disbursements incurred by the Provider in recovering any outstanding monies including debt collection fees and solicitor’s costs shall be paid by the Client.
The equipment supplied for hire patently remains the property of the Provider. In order to retake possession of the equipment, it shall be lawful for the Provider to enter into or upon any premises where the equipment may be and the Client hereby agrees to indemnify and to keep indemnified the Provider against all liability and against all actions, suits, proceedings, claims, demands, costs and expenses howsoever incurred by the Provider arising from the Provider’s entry into or upon any premises in exercise of its rights of repossession.
ACCESS, SPACE and POWER
The Client will arrange an appropriate space for the Providers equipment and operations at the event’s venue. The Client is responsible for providing access to a safe electrical supply within 3 metres of the setup area (240V, 10 amps, 3 prong outlet). If other additional equipment and/or services are booked, adequate floor space must be available.
Due to Health & Safety and the potential risk of electrical fire and electrocution, the Providers equipment must not be used in inclement weather conditions such as rain, snow, direct sunlight, or extreme humidity.
If an outdoor event is scheduled then an alternative covered event space must be provided so that all equipment can be operated safely. If the service must be discontinued for any of the aforementioned reasons, no refunds will be awarded.
DATE CHANGES and CANCELLATIONS
In the unlikely event of the Provider being unable to perform this contract due to unforeseen circumstances such as illness or any other emergency, the Provider will endeavour to arrange a suitable replacement.
Any request for a date change must be made in writing at least thirty days in advance of the original event date. Date changes are subject to availability. If there is no availability for the alternate date, the non-refundable reservation fee shall be forfeited and the event cancelled. If the event is cancelled for any reason, the non-refundable reservation fee is forfeited.
If the Provider cannot perform this contract due to fire or other casualty, strike, act of God, or other cause beyond the reasonable control of the Provider, or due to Provider illness or emergency, then the Provider shall return the reservation fee to the Client but shall have no further liability with respect to the contract. In the event the Provider fails to perform for any other reason, the Provider shall not be liable for any amount in excess of the retail value of the Client’s order.
If no service is received, the Provider’s maximum liability will be the return of all payments received from Client. Provider is not responsible for any consequential damages or lost opportunities upon breach of this agreement.
Prior to the event activation the Client is advised to check and test the transmitter coverage range, audio connections, radio interference and any other requirements specific to the Clients event.
In the unlikely event of any equipment failure the Provider will make every effort to resolve any technical issues on site or via the Providers technical support telephone number. On no account should the Client attempt to repair or interfere with any equipment without prior consent of the Provider.
The internet connection speed required for music streaming and connected services will be dependent upon the internet service provider and the Provider cannot be held liable for any delays in connection or connection failures as a result of using any Wi-Fi or mobile data network.
HEALTH & SAFETY
The Client operates the Providers equipment entirely at their own risk and accepts full responsibility for their own, and attendee’s, health and safety.
Permanent hearing loss may result from long-term exposure to sound at high volumes. The Provider recommends participating children have their parent or guardian set the headphone volume, and at all times monitor channel selections and audio sound levels.
To help reduce the risk of hearing damage, the Provider recommends observing the following safety guidelines: Before putting on the headphones, turn the volume control to its lowest level; Put the headphones on; and then slowly adjust the volume control to a comfortable level; if you experience discomfort or ringing in your ears, immediately discontinue using the headphones and consult a physician.
Due to the potential health and safety risks associated with the use of audio headphones, such as a medical or safety emergency including, but not limited to: an alarm activation, calls for help, fire, flood, or act of God, the Client must ensure an event supervisor is appointed at all times to maintain audio awareness of what is happening around the Client’s event.
The Provider reserves the right to discontinue all or part of the equipment usage if the power provided is not capable of operating the equipment without risk of damage to the equipment or the event attendees, or, if the working environment constitutes a health and safety risk.
The safety and security of the Providers employee’s and equipment is of vital importance at all times. The Client is responsible for the conduct of all persons attending the event. Sexual harassment, threats, threatening behaviour or acts of violence against representatives, employees or any affiliates of the Provider will not be tolerated at any time.
The Providers representatives, employees or affiliates may stop the usage of the Providers equipment at any time during the event if they are threatened, or feel that the Providers equipment is being misused in a way that is dangerous to any persons or potentially damaging to the Providers equipment.
In the event the Providers representatives, employees or affiliates stop the usage of the Providers equipment, and the Client cannot guarantee the on-going safety of all persons and equipment, then the Provider reserves the right to terminate the service at that time leaving the non-refundable reservation fee and any monies paid by the Client forfeited.
LICENCE OF IMAGES
Before or during the event there may be photos or video taken by the Provider. The Client grants a non-exclusive, perpetual, sub-licensable and royalty-free licence allowing the Provider to use, copy, reproduce and publish photos or video taken by the Provider at the Clients event.
The Client hereby grants permission for images or video taken at the event to be published online at the Providers website(s) and/or our affiliated website(s), for the purpose of Client review, Client download and/or promotional purposes.
The Client, their representatives, employees or affiliates may request individual photos or video to be removed from time to time, the Provider will liaise with the Client in a timely manner to remove any such photos or video.
The Provider will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of Client information.
The Provider may communicate with the Client from time to time via postal address, email address or telephone for certain marketing, market research, analysis and related purposes.
Any notice given to the Provider under this Agreement must be in writing (whether or not described as “written notice” in this Agreement) and must be delivered personally, sent by first class post, or sent by email, for the attention of the relevant person, and to the relevant address or email address given below.
M and B Limited T/A SilentDisco.NZ,
PO Box 149,
Telephone +64 3 669 0080
New Zealand company registration # 5099661
NZBN # 9429041171219
GST # 113-800-321
This Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.
This Agreement will be governed by and construed in accordance with the laws of New Zealand; and the courts of New Zealand will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
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