Cloud 9 Terms & Conditions
Making the booking
Any contract for the supply of our services is between you and Cloud 9 DJ's. In order to secure your booking you must agree to these terms and conditions by paying your deposit (which will be an agreed amount of the total booking fee). II) Once we receive your deposit payment a Confirmation will be issued to you provided we can provide the service(s) on the required date and at the required venue. A contract for the booking shall come into effect immediately upon Confirmation.
Changes to the booking
The Booking Fee may be subject to change (in agreement with both the Client’ and Cloud 9 DJ's) if any details of the booking are altered by the Client such as the event times, services required and event venue. All changes to the booking must be arranged and agreed by Cloud 9 DJ's in advance of the event.
Payment of the booking fee
The agreed deposit is due strictly within 24 hours of receipt of booking invoice. The deposit can be paid by Paypal, credit card or debit card. Bookings can still be made after the 24 hour period but must first be confirmed by Cloud 9 DJ's. Unless otherwise agreed by Cloud 9 DJ's, the balance of the Booking Fee is payable to Cloud 9 DJ's by Paypal, credit or debit card 14 days before the day of the event. If agreed upon, full payment can be on the day of the event before the event begins.
All prices quoted to you are correct at the time of quotation however bookings are taken on a “first come first served” basis so there is no guarantee that the date will still be available when you come to make your booking. Prices are inclusive of value added tax, if applicable. Failure to pay any invoice from us on time will result either in the cancellation of your booking or late payment charges equivalent to interest on the late payment which shall be calculated on a daily basis at a rate of 5% over our bank’s lending rate from the date the payment was originally due until the date of actual payment. We may also instruct a debt collection agency or solicitor to collect payment (including any interest and/or late payment charges) on our behalf. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may incur to pay the debt collection agency or solicitor who will add the sum to your outstanding debt on our behalf.
Cancellations
Cancellation by the Client: Cancellation by the Client is not permitted for any reason except circumstances covered by Force Majeure (see clause 10.) In the event that the Client’ cancels the booking due to a Force Majeure event, the Client hereby agrees to notify Cloud 9 DJ's immediately. Deposits are non re-fundable.
I) Deposits are non-refundable. However in cases of Force Majeure (see clause 10) should the event date be able to be changed & all services still available we may be able to secure your second date without the need for a secondary deposit. This is at the discretion of Cloud 9 DJ's. Cancellation by Cloud 9 DJ's: in the unlikely event that Cloud 9 DJ's cancels the booking, Cloud 9 DJ's will inform the Client of the cancellation as soon as possible and shall make all reasonable attempts to find a suitable replacement artist of similar standard and style at no extra cost to the Client. Should a suitable replacement not be found, Cloud 9 DJ's agrees to refund the Client the deposit plus any other part of the Booking Fee already paid in advance.
There will be no refund given to the Client against the booking deposit already paid, if a replacement artist of similar value can be arranged by Cloud 9 DJ's and agreed by the Client. However, should a replacement artist charge a much lower fee, the Client will be refunded a proportionate amount of the Booking Fee if you have made a payment above the deposit fee and the replacement artist will be due its usual fee. Should the replacement artist charge a higher fee, the Client will be liable for any extra charge that may be incurred. Wherever possible, the Client and the replacement artist will be put in contact with each other to agree this in advance.
Changes on the day
I) Where possible, changes to the booking which are unavoidable on the day of the event should... first be discussed and agreed with Cloud 9 DJ's. Should this not be possible, changes must be agreed between the Client and the DJ prior to the performance. Any changes agreed will be subject to these Terms and Conditions. Changes negotiated between the Client and Cloud 9 DJ's on the day of the event and any extra fees agreed with the Client must be paid by the Client along with the remaining balance of the Booking Fee.
II) Any extra time performed by Cloud 9 DJ's will result in additional charges. This will depend on which services we are providing & will be discussed between Cloud 9 DJ's & the client. This must be paid in cash by the Client on the event date. III) If Cloud 9 DJ's is required to start earlier than booked and the Client refuses to pay an extra time charge, Cloud 9 DJ's shall only perform for the amount of time booked.
Expenses
If the Client has agreed to cover additional expenses incurred by the Cloud 9 DJ's (such as taxi’s, food, hotel, flights etc.) Cloud 9 DJ's will invoice the Client for such expenses within 60 days after the event and such invoice shall be accompanied with receipts for the charges incurred. The Client must reimburse all expenses to Cloud 9 DJ's within 14 days of the date of invoice.
Cloud 9 DJ's - Service Guarantee
I) We will use our best endeavours to ensure that our staff deliver a performance that is to the best of his/her ability, and is accurate in providing the services you require. Our staff will make every reasonable effort to – ensure that his/her performance is to the required standard, adhere to the client’s reasonable wishes, be polite and courteous to the Client, your guests and all venue staff and contractors.
II) Our staff shall provide all equipment required to undertake any performance or provide any service booked, unless the equipment has been contractually agreed to be provided by the Client or a third party. Certain services can be altered & catered too, such as the adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires.
Cloud 9 DJ's - Equipment
It is agreed by the Client that the equipment and instruments of the DJ/Band/Performer are not available for use by other performers or persons except by specific permission of the DJ/Band/Performer concerned. This applies to all of our equipment.
Withdrawal of Services
I) In case of verbal and/or physical violence towards any Cloud 9 staff or any person/person’s connected with Cloud 9 DJ's, the Client may be asked to have this/these people removed from the venue. If an agreement regarding this cannot be resolved then the services of Cloud 9 DJ's may be stopped, and the Client will be liable for the remainder of any Booking Fee due plus any other costs or expenses incurred by Cloud 9 DJ's as a result.
II) In the case of damage being caused to any equipment (either belonging to contracted to or leased to Cloud 9 DJ's) by the Client or any person/person’s at the event the services of Cloud 9 DJ's may be stopped, and the Client will be liable for the remainder of any Booking Fee due. The Client will also be fully liable to reimburse Cloud 9 DJ's for any damage to equipment (either belonging to contracted to or leased to Cloud 9 DJ's) within 14 days of the event date.
Force Majeure
In cases of Force Majeure which are not attributable to any act or failure to take preventive action by the Client, then the Client may cancel this booking without penalty other than loss of deposit.
Limitation of Liability
We disclaim any and all liability to you for our services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for our services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence. We shall not be held liable for any failure or delay in performing the services where such failure arises as a result of any event of Force Majeure. We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
General
The Terms and Conditions together with payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this contract. In the event of any conflict between these Terms and Conditions and any other term or provision on our website or elsewhere, these Terms and Conditions shall prevail. If any term or condition of our contract shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of these Terms and Conditions shall continue in force without such term or condition.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales. No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
Definitions
Terms used in this document shall have the following meanings: “Booking Fee” means the fee as notified to you by us for the booking; “Client”, “you”, “your” or “yours” means you, the person booking our services; “Confirmation” means any verbal, electronic or written acceptance of the booking by Cloud 9 DJ's; “Force Majeure” means any event which is beyond the reasonable control of either party which shall include, without limitation, acts of God, governmental actions, fire, death, illness or other capacity certified by a properly qualified medical practitioner, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, extreme weather conditions, flood, epidemic, lock‐outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials; “Terms and Conditions” means the terms and conditions upon which the booking for our services is made and which is set out in this document; “Cloud 9 DJ's”, “us”,”our” or “we” means Cloud 9 DJ's - www.cloud9djs.com