These Terms and Conditions are the standard terms for the provision of Event Management Services by Longbow Events Ltd, a company registered in England under 09554793 of Unit 20, Price St Business Centre, Birkenhead, Merseyside CH41 4JQ.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means any day other than a Saturday, Sunday or bank holiday;
means any day of the year;
means the contract for the provision of Event Management Services, as explained in Clause 2;
means an advance payment made to Us under sub-Clause 4.5;
means the event for which you require the Event Management Services as described in your Order;
“Event Management Services”
means the event management services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
means a calendar month;
means the price payable for the Event Management Services;
means a special offer price payable for Event Management Services which We may offer from time to time;
means your order for the Event Management Services
means Our acceptance and confirmation of your Order as described in Clause 2; and
means Longbow Events Ltd, a company registered in England under 9554793 of Unit 20, Price St Business Centre, Birkenhead, Merseyside CH41 4JQ and includes all employees and agents of Longbow Events Ltd.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, [text message,] fax or other means.
2. The Contract
1.1 These Terms and Conditions govern the sale and provision of Event Management Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
1.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
1.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
1.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
4.a.1 The main characteristics of the Event Management Services;
4.a.2 Our identity (set out above in sub-Clause 1.1) and contact details (as set out below in Clause 10);
4.a.3 The total Price for the Event Management Services including taxes or, if the nature of the Event Management Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
4.a.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Event Management Services;
4.a.5 Our complaints handling policy;
4.a.6 Where applicable, details of after-sales services and commercial guarantees; and
4.a.7 The duration of the Contract, where applicable, or if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.
1.1 All Orders for Event Management Services from Us made by you will be subject to these Terms and Conditions.
1.2 You may change your Order after receiving the Order Confirmation, before the Event begins. We will use all reasonable endeavours to accommodate any requested changes but cannot guarantee that We will be able to do so. If doing so means that We will incur higher costs, We will inform you and ask you how you wish to proceed before taking any action. We will not charge you a higher Price without your express agreement.
1.3 You may cancel your Order within 7 days of placing it unless is stated that a special event is non-refundable. If you have already made any payments to Us under Clause 4 (including, but not limited to the Deposit), the payment(s) will be refunded to you within 28 Days. [If you request that your Order be cancelled, you must confirm this in writing.] If you wish to cancel the Event Management Services after this time period, or once We have begun providing them, please refer to Clause 9.
1.4 We may cancel your Order at any time before We begin providing the Event Management Services in the following circumstances:
4.a.1 The required personnel and/or required materials necessary for the provision of the Event Management Services are not available [and reasonable substitutes cannot practicably be found]; or
4.a.2 An event outside of Our control continues for more than 24 hours (please see Clause 8 for events outside of Our control).
1.5 If We cancel your Order before We begin providing the Event Management Services under sub-Clause 3.4 and you have already made any payments to Us under Clause 4 (including, but not limited to the Deposit), the payment(s) will be refunded to you within 28 days. If We cancel your Order, the cancellation will be confirmed by Us in writing.
4. Price and Payment
1.1 The Price of the Event Management Services will be calculated in accordance with Our website prices unless a bespoke event in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
1.2 If We quote a Special Price which is different to the Price shown in Our current website, the Special Price will be valid for 7 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
1.3 Our Prices may change at any time but these changes will not affect Orders that We have already [received] OR [accepted].
1.4 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
1.5 Before We begin providing the Event Management Services, you will be required to pay in full or a Deposit of 50% of the total Price for the Event Management Services. The due date for payment of your Deposit will be included in the Order Confirmation.
1.6 In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part. he amount due will be calculated based upon the Price for the Event Management Services, Our website prices, and the amount of work (if any) already undertaken by Us. Please refer to sub-Clause 3.4 if you cancel your Order, to sub-Clause 3.5 if We cancel your Order, or to Clause 9 if the Event Management Services are cancelled after they have begun.
1.7 The balance of the Price will be payable [no later than 14 days prior to the date of the Event] OR [once We have provided the Event Management Services].
1.8 Additional items such as out of pocket expenses or any additional items requested by you after the balance of the Price has been paid will be invoiced separately to you. Please note that We will not incur any additional expense without your prior agreement.
1.9 We accept the following methods of payment:
9.a.2 All major Credit cards;
9.a.3 All major debit cards;
9.a.5 Bank Transfer.
1.10 Credit and/or debit cards will be charged when event is booked.
1.11 If you do not make payment to Us by the due date [as shown in/on order confirmation] We may charge you interest on the overdue sum at the rate of 3% per annum above the base lending rate of Lloyds Bank from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum. [If payment of the Price is required before your Event begins, please note that failure to make the payment by the due date may result in Us not providing the Event Management Services. If this occurs, We will retain your Deposit in full and may still demand payment for any part of the Event Management Services that We have already provided (including, but not limited to, preparatory work).] 1.12 The provisions of sub-Clause 4.11 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
5. Providing the Event Management Services
1.1 [Subject to the receipt of all payments due,] We will provide the Event Management Services as specified in the Order Confirmation.
1.2 We will make every reasonable effort to provide the Event Management Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 8 for events outside of Our control.
1.3 If We require any further information, items or action from you in order to provide the Event Management Services, We will inform you of this as soon as is reasonably possible.
1.4 If the information or items you provide, or the action you take under sub-Clause 5.3 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or items that you have provided or action that you have taken We may charge you a reasonable additional sum for that work.
6. Problems with the Event Management Services
1.1 We always use reasonable efforts to ensure that Our provision of the Event Management Services is trouble-free. If, however, there is a problem with the Event Management Services we request that you inform Us as soon as is reasonably possible (you do not need to contact Us in writing).
1.2 We will use reasonable efforts to remedy problems with the Event Management Services as quickly as is reasonably possible and practical in the relevant circumstances.
1.3 We will not charge you for remedying problems under this Clause 6 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or items provided by you, or incorrect or incomplete action taken by you, sub-Clause 5.4 will apply and We may charge you for remedial work.
1.4 As a consumer, you have certain legal rights with respect to the purchase of services. We are, for example, required to provide the Event Management Services with reasonable care and skill. You also have remedies if We use materials that are faulty or incorrectly described. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.
7. Our Liability
1.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
1.2 We provide Event Management Services for domestic and private use (or purposes). We make no warranty or representation that the Event Management Services are fit for commercial purposes of any kind. By making your Order, you agree that you will not use the Event Management Services for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
1.3 [If We are providing Event Management Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property.] 1.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
1.5 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:
5.a.1 Breach of your right to title and quiet possession as implied by section 2 of the Supply of Goods and Services Act 1982;
5.a.2 Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982; and
5.a.3 Our liability relating to defective products as set out in the Consumer Protection Act 1987.
8. Events Outside of Our Control (Force Majeure)
1.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.
1.2 If any event described under this Clause 8 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
2.a.1 We will inform you as soon as is reasonably possible;
2.a.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
2.a.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Event Management Services as necessary;
2.a.4 If the event outside of Our control continues for more than 24 hours We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
2.a.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 9.3.3.
1.1 If you wish to cancel your Order for the Event Management Services before the Event Management Services begin, you may do so under sub-Clause 3.3 unless stated that the event is a special bespoke event and non-refundable.
1.2 Once We have begun providing the Event Management Services, you are free to cancel the Event Management Services and the Contract at any time by giving Us 14 days notice (which must be either given or confirmed in writing). If you have made any payment to Us for any Event Management Services We have not yet provided, these sums will be refunded to you [within 28 days]. For Event Management Services We have already provided, the relevant sums will either be deducted from any refunds due to you or you will be invoiced for the sums due, as appropriate.
1.3 If any of the following occur, you may cancel the Event Management Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Event Management Services We have not yet provided, these sums will be refunded to you [within 28 days]. For Event Management Services We have already provided, the relevant sums will either be deducted from any refunds due to you or you will be invoiced for the sums due, as appropriate. If you cancel because of Our breach under sub-Clause 9.3.1, you will not be required to make any [further] payments to Us [and will receive a full refund of any sums already paid]. You will not be required to give 14 days notice in these circumstances:
3.a.1 We have breached the Contract in any material way and have failed to remedy that breach within 7 days of you asking Us to do so in writing; or
3.a.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or
3.a.3 We are unable to provide the Event Management Services due to an event outside of Our control (as under sub-Clause 8.2.5); or
3.a.4 We change these Terms and Conditions to your material disadvantage.
1.4 We may cancel your Order for the Event Management Services before the Event Management Services begin under sub-Clause 3.4.
1.5 If any of the following occur, We may cancel the Event Management Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Event Management Services We have not yet provided, these sums will be refunded to you within 28 days. For Event Management Services We have already provided, the relevant sums will either be deducted from any refunds due to you or you will be invoiced for the sums due, as appropriate. We will not be required to give 14 days notice in these circumstances:
5.a.1 You fail to make a payment on time as required under Clause 4 (this does not affect our right to charge interest on overdue sums under sub-Clause 4.11); or
5.a.2 You have breached the Contract in any material way and have failed to remedy that breach within 7 days of Us asking you to do so in writing; or
5.a.3 We are unable to provide the Event Management Services due to an event outside of Our control (for a period longer than that in sub-Clause 8.2.4).
1.6 For the purposes of this Clause 9 (and in particular, sub-Clauses 9.3.1 and 9.5.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 9.3.1 and Us under sub-Clause 9.5.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
10. Communication and Contact Details
1.1 If you wish to contact Us with questions or complaints, you may contact Us by telephone at 0151 652 6653 or by email at email@example.com.
1.2 In certain circumstances you must contact Us in writing. When contacting Us in writing you may use the following methods:
2.a.1 Contact Us by email at firstname.lastname@example.org; or
2.a.2 Contact Us by pre-paid post at Longbow Events Ltd, Unit 20, Price Street Business Centre, Birkenhead, Merseyside CH41 4JQ.
11. How We Use Your Personal Information (Data Protection)
1.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
1.2 We may use your personal information to:
2.a.1 Provide the Event Management Services to you.
2.a.2 Process your payment for the Event Management Services.
2.a.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
2.a.4 In certain circumstances (if, for example, you wish to pay for the Event Management Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
2.a.5 We will not pass on your personal information to any other third parties [without first obtaining your express permission].
12. Other Important Terms
1.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
1.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
1.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
1.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
1.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
13. Governing Law and Jurisdiction
1.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
1.2 Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.