Terms and Conditions

 

We reserve the right to change these Terms and Conditions at any time.

BETWEEN:(the “Client”)
– AND –
Peekaboo Events Ltd of Unit 18 Albion Way Derby Road Burton-on-Trent DE13 0FW
(the “Contractor”)

BACKGROUND:
A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

Services Provided
The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”):
• Wedding Decor Set Up (as outlined and agreed in final quotation breakdown).
The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
If a head table or any form of stage is provided, only guests with seating should be permitted on stage. We would not be liable for the additional guests that can access the stage.

Term of Agreement
The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties.
In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 90 days’ written notice to the other Party.

Performance
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Currency
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.

Payment
• Invoices submitted by the Contractor to the Client are due upon receipt.
• All payments includes Value Added Tax.
• The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.
• The Contractor will be solely responsible for the payment of all remuneration and benefits due to the employees of the Contractor, including any National Insurance, income tax and any other form of taxation or social security costs.

Reimbursement of Expenses
The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services. The Contractor will only be reimbursed for expenses submitted according to the following guidelines:
• If Peekaboo Events Ltd Team is required to travel outside of the UK, the client will cover all travel and accommodation costs.

Confidentiality
Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.

Ownership of Intellectual Property
All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.
Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.

Return of Property
Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

Capacity/Independent Contractor
In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Notice
All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing.

Indemnification
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Additional Clauses
• SERVICE
1. The Client, pursuant to the Contract engages Peekaboo Events Ltd (hereinafter referred to as Peekaboo)to provide the Services to the Client and Peekaboo agrees to provide the Services for the Client on the Event Date upon the terms and subject to the Terms & Conditions of the Contract.
2. All proposals made, quotations given, instructions accepted and contracts entered into by Peekaboo with any person representing the Client, for the supply of the Services are subject to these Terms & Conditions. This excludes any other terms and conditions, verbal notice or declaration which the Client accepts or purports to accept.
3. All Bookings are only considered as confirmed Bookings if a quotes is accepted on line, or a signed copy of the Contract is received by Peekaboo, the requested Deposit has been received in cleared funds by Peekaboo, and the remaining balance has been received by Peekaboo 30 days prior to the Event Date.
4. The Client shall afford to Peekaboo all reasonable co-operation in all matters relating to the performance of Peekaboo obligations under the Contract.
5. Throughout the Term of the Contract the Client shall update Peekaboo on any information which directly or indirectly effects the Service Specification.
6. Peekaboo does not warrant, guarantee or undertake on behalf of any third party supplier or service provider that access to any facilities or any products or services will be uninterrupted or of any particular level of availability or quality.
7. Any damage caused by the Client or any guests at the Event Date to Peekaboo Material, Peekaboo property will result in the Client being liable.
8. Peekaboo will not be liable for any injuries occurring to third parties when booking products for dry hire. The booker/hirer will be responsible for ensuring all hire items are fitted correctly and are not tampered with once they are in use. A 10% damage deposit of the total invoice will be charged, this is refundable subject to no damages/breakages to products.
9. Any bespoke/custom orders cancelled before proofs have been sent out and approved will be charged at 50% of the total order amount.
10. Any special order goods that have been purchased for the event, must be paid in full.

• CHARGES
1. To secure a reservation a non-refundable deposit of 20% must be paid via bank transfer.
2. Subject to any special terms agreed in writing by the parties, the Client (and any representatives of the Client including the Bride/Groom all joint and separately) shall pay and are liable to pay the Deposit and Charges and any expenses together with such additional sums which are agreed between Peekaboo and the Client for the provision of the Services and any Additional Services.
3. All Charges and sums quoted payable by the Client under the Contract are exclusive of any VAT except the Deposit.
4. The Deposit must be paid by the Client to secure the Booking.
5. The Deposit is inclusive of VAT and is specified in the Contract.
6. Receipt, in cleared funds of the Client Deposit confirms the Client’s acceptance of all Terms & Conditions and details in the Contract.
7. The remaining Charges and any additional sums payable shall be paid in full by the Client into such account as Peekaboo shall reasonably instruct (together with any applicable VAT and without any set off or other deduction whether for withholding tax or otherwise) 30 clear days before the Event Date.
8. If the Deposit and Charge payment is not made 30 clear days before the Event Date (not including the Event Date), Peekaboo shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4% above the base rate from time to time of Bank of England Plc from the date notice should have been given being the 7th date before the Event Date until the outstanding amount is paid in full.
9. If in the event that a Booking is made in short notice, i.e. within the 7 days before the Event Date, the Client agrees that the Deposit and Charges must be paid immediately. Failure to do so will result in an incomplete booking and Peekaboo may rely on the usual Termination terms below.
10. The Client shall be liable for costs incurred as a result of the Client’s instructions or lack of instructions, the inaccuracy of any Client Material or any other cause attributable to the Client.
11. The Client shall reimburse Peekaboo for all out of pocket expenses incurred by it in connection with the Services & Additional Services for the Client.
12. Peekaboo will not be obliged to provide any Services unless the Deposit, Charges, all fees and disbursements due to it in relation to the provision of the Services are received in advance of the Event Date.
13. Peekaboo shall be entitled to vary its standard Charges from time to time by giving not less than 7 days’ written notice to the Client.

• MATERIALS
1. The property, copyright and any other intellectual property rights in any Peekaboo Material shall belong to Peekaboo subject only to the right of the Client to have the benefit of Peekaboo Material during the Event Date.
2. The Client warrants that any Client Material and its use by Peekaboo for the purpose of providing the Services will not infringe the copyright or other rights of any third party and the Client shall indemnify Peekaboo against any loss, damages, costs, expenses or other claims arising from any such infringement.

• CONFIDENTIAL INFORMATION
1. The parties agree on the following terms not at any time during the time leading up to and the Event Date to divulge or allow to be divulged to any person any confidential information relating to the business or affairs of the other party to this Contract.
2. All information (including, without limitation, the terms of the Contract, business and financial information, customer and vendor lists and pricing and sales information) disclosed by either of the parties (“the Disclosing Party”) to the other party (“the Receiving Party”) pursuant to the Contract shall be confidential. The Receiving Party shall maintain the confidentiality of all such information and shall not, without the prior written consent of the Disclosing Party (i) utilise the same, directly or indirectly, for its own business purposes or for any other purpose or (ii) disclose the same to any third party. This clause does not apply to any information in the public domain or which is required to be disclosed in respect of the provision of the Services by Peekaboo, or pursuant to an order issued by a court of competent jurisdiction or applicable law or regulation or information which is disclosed by the Receiving Party to its professional advisors on a confidential basis.
3. The Client specifically undertakes at all times to keep confidential any Peekaboo confidential information (including this document, the lists or specific customer details and information relating to Peekaboo business or affairs) confidential and specifically not to disclose (whether or not for profit) such list or information to any competitor of Peekaboo or any other person, firm or company engaged in similar activity during the Term and at any time following the date of expiry or termination of the Contract.

• WARRANTIES & LIABILITY
1. Peekaboo warrants to the Client that the Services will be provided using reasonable care and skill.
2. Except in respect of death or personal injury caused by Peekaboo’s negligence, or as expressly provided in these Terms & Conditions.
3. Peekaboo shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of anticipated savings, business revenues, or profits (whether categorised as direct or indirect) or any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all other such loss whether or not arising in the normal course of business), damages, costs, expenses or other claims (whether caused by the negligence of Peekaboo, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Client.
4. The entire liability of Peekaboo to the Client under or in connection with the Contract shall not in any event exceed the amount of the Charges paid by the Client for the provision of the Services set out in the Contract.
5. The Client agrees to indemnify and keep Peekaboo fully indemnified from and against any loss, claim or liability whatsoever incurred or suffered by Peekaboo as a result of negligence or any default by the Client (or its employees, agents or representatives) of its obligations however arising in connection with the Services, together with expense, claim, loss or damage which Peekaboo or any of its employees, agents, sub-contractors and other clients) may suffer due to the negligence or breach of the Client (or its employees, agents or subcontractors).
6. The Client agrees and acknowledges that the allocation of risk in this clause [6] is fair and reasonable in the circumstances having been taken into account in setting the level of the Charges.

• FORCE MAJEURE
1. Peekaboo shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Peekaboo’s obligations under the Contract if the delay or failure was due to any circumstances or cause beyond Peekaboo’s reasonable control.
2. Without prejudice to the generality of the foregoing, circumstances beyond Peekaboo’s reasonable control shall include act of God, server crashes, virus attacks on equipment, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, damage, bad weather, software, power or equipment failure, strikes, lockouts or other industrial actions or trade disputes (whether involving employees of Peekaboo or of a third party).

• TERMINATION
1. Cancellations will be charged on the following scale:
> More than 6 months before event: Deposit only forfeited and transferable to future event.
> 6 months or Less: The client is liable for full payment
2. The Contract may be terminated. Any termination of the Contract pursuant to this clause shall be without prejudice to any other rights or remedies a party may be entitled to under the Contract or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
3. Peekaboo reserves the right to cancel your function if payment conditions are not upheld. Receipt of your booking Deposit confirms your acceptance of all Terms & Conditions and details.
4. Peekaboo do not tolerate abusive language or threatening behaviour and should such events occur Peekaboo reserves the right to cancel your function and will involve the necessary authorities if/when needed.

• ACKNOWLEDGEMENTS
1. The Client agrees and irrevocably declares and acknowledges as follows:
2. Peekaboo shall be entitled at its discretion to immediately terminate this Agreement and the provision of Services (or take all or any actions as are authorised under the Terms & Conditions) in the event that the Client becomes a prohibited person (under relevant law including without limitation, by reason of capacity, solvency, qualification, undischarged bankruptcy, criminal or civil prosecution, residency or international embargo or restriction) or engage in any unlawful business (under relevant law, including without limitation any illegal activity, Peekaboo prohibited activities or activities not previously notified to or approved in writing by Peekaboo).
3. Under no circumstances shall Peekaboo and the Peekaboo officers be required to take any action which they consider unlawful or improper or which in their opinion may cause any of them to incur any personal liability and such refusal shall be without liability or breach of contract.
9. NOTICES
1. Any notice or other communications to be given under the Contract shall be in writing and may be delivered by hand or sent by first class prepaid recorded delivery post or sent by facsimile transmission (or if the recipient is in another country by prepaid airmail) to Peekaboo’s address as detailed in the Contract.
2. Communications shall be deemed to have been received, if delivered by hand at the time of delivery, if posted three (3) working days or (10 (ten) working days if prepaid airmail) after posting, and if sent by fax transmission, at the date of transmission.

• GENERAL
1. These Terms & Conditions (together with the terms set out in the Contract and Services Specification Sheet) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other warranties terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
2. In the event of any conflict between the provisions of these Terms & Conditions, these Terms & Conditions shall prevail. In the event of any conflict between the Contract provisions and these Terms & Conditions, the parties shall adopt the meaning which best gives commercial efficacy to the Contract having regard to Peekaboo’s original intention.
3. Peekaboo may employ sub-contractors for carrying out any part of the Services and shall be entitled at all times in its absolute discretion to decide the number of and which of its employees agents or sub-contractors shall provide the Services on behalf of Peekaboo.
4. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
5. The parties acknowledge and agree that the Contract shall not establish or constitute any relationship of partnership, joint venture, franchise or agency between the parties except as otherwise expressly provided or agreed and neither party shall have the power to bind the other without the other’s prior written consent.
6. The Client shall not assign all or any of its rights or obligations under this Agreement without the written consent of Peekaboo. References to the Client includes its personal representatives, permitted origins and successors in title. Each party warrants its power to enter into the Contract and has obtained all necessary approvals to do so.
7. Except as expressly provided (including in respect of indemnity), the parties do not intend any term of this Contract to create any rights or benefits to any other party other than the parties to the Contract or to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of any third party which exists or is available apart from the Act.
8. If any provision of the Contract or these Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract or these Terms & Conditions and the remainder of the provision in question shall not be affected.
9. Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the Act referred to.
10. Unless the context otherwise requires, words importing the singular shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa; and references to persons shall include bodies of persons whether corporate or incorporate.
11. Headings are inserted for convenience only and shall not affect the construction or interpretation of these Terms & Conditions.
12. English law shall apply to the Contract and these Terms & Conditions, and the parties submit to the jurisdiction of the English courts.
13. The Client for the exclusive benefit of Peekaboo submits to the exclusive jurisdiction of the High Court of Justice in England and waives all rights to object to forum.
14. Nothing in this Agreement shall limit the right of Peekaboo to take proceedings in any other court of competent jurisdiction or in more than one jurisdiction, whether concurrently or not.
15. The Client by this provision irrevocably appoints and authorises the person, firm or entity (if any) in the United Kingdom set out in the Contract to accept service on its behalf of all legal process and service on the entity shall be deemed good service on the Client.

Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.

Time of the Essence
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment
The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

Inurement
This Agreement will inure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

Titles/Headings
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law
This Agreement will be governed by and construed in accordance with the laws of England.

Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

Personal Liability
Personal Liability If any Agreement is signed in the name of a corporation, partnership, association, club or society, the persons so signing represents and warrants to Peekaboo Events Ltd that he or she has full authority to sign such contract and in the event that he or she is not so authorised, he or she will be personally liable for the faithful performance of this Agreement.
You are required to sign one copy of every page of these Terms and Conditions along with the Confirmed Quotation of Services attached. Please send a signed copy back to the above address with your deposit payment to confirm your reservation