Matt Stephens - Audio Visual

​​Please read all these Terms and Conditions.

 

These are the standard terms of ‘Matt Stephens – Audio Visual’ (MSAV) and all work undertaken by MSAV shall be on these terms unless specifically varied in writing and agreed to by both parties prior to the event.

 

As we cannot accept your booking without further reference from you, i.e., accepting our quotation, you must read these Terms and Conditions to make sure that they contain all that you want and nothing with which you are not happy. If you are not sure about anything, please contact us.

 

1 - Application

 

These Terms and Conditions will apply to the purchase of the services by you (the Customer or you) from.

 

Matt Stephens – Audio Visual 

 

Postal Address: 

35 Huntington Road, Coxheath Kent, ME17 4DU  

 

E-mail address.

info@msaudiovisual.co.uk

 

Telephone number.

01622 828436 

 

(the Supplier or us or we).

 

These are the terms under which we provide all our services to you.

 

By booking any of the Services, you agree to be bound by these Terms and Conditions.

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2 - Interpretation

 

2.1 – Client - An individual acting for purposes which are wholly or mainly outside their trade, business, craft, or profession and has requested to employ or engage our services or hire MSAV equipment

 

2.2 - Supplier - Matt Stephens – Audio Visual (MSAV)

 

2.3 - Contract - The legally binding agreement between you and us for the supply of the services.

 

2.4 – Venue, Event or Site - The client’s premises or other location where the services are to be supplied, as set out in the booking

 

2.5 - Equipment - Any equipment that MSAV supplies to you as part of their services, of the number and description as set out in the booking.

 

2.6 - Booking - The Customer's booking to engage the services or hire of equipment from MSAV as set out in the Customer's booking or in the Customer's written acceptance of the MSAV's quotation. 

 

2.7 - Services - The hire of any MSAV equipment, of the number and description set out in the booking including the hire of MSAV Personnel and their expertise.

 

2.8 - Working Days - For the purposes of this document “working days” shall mean Monday to Friday inclusive.

 

3 - Booking

 

3.1 - All bookings will be regarded as provisional until a confirmation via email from the client has been sent to MSAV giving acceptance of the quotation submitted by MSAV.

 

3.2 - MSAV is not under any obligation to continue holding provisional bookings beyond 10 working days from the time of quotation after this time MSAV will send a follow-up email, if acceptance has not been received after a further 5 days and all communication has stopped with the client the provisional booking may be removed and made available for the next client

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4 - Services

 

4.1 - The description of our services is as set out on our website or in any other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size or colour of any equipment supplied.

 

4.2 - In the case of services and any equipment made to your specific requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

 

4.3 - All services and equipment are subject to availability.

 

4.4 - We can amend our services and equipment which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes if required.

 

5 - Customer Responsibilities

 

5.1 - You must co-operate with us in all matters relating to the services we are due to provide, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to provide our services.

 

5.2 - Obtain any necessary licenses and consents (unless otherwise agreed and pre-arranged with MSAV).

 

5.3 - Failure to comply with the above is a customer default which entitles us to suspend our provision of our services until you remedy it or if you fail to remedy it following our request, we can terminate the contract with immediate effect on written notice to you.

 

6 - Basis of Hire

 

6.1 - The description of our services and any equipment on our website or other form of advertisement does not constitute a contractual offer to use our services or equipment.

 

6.2 - When a booking has been requested, we withhold the right to reject it for any reason, although we will try to tell you the reason without delay.

 

6.3 - A provisional booking will be formed for the use of MSAV services and or equipment upon first request from the client.

 

6.4 - Any quotation is valid for a maximum period of 10 working days from its date of conception unless we expressly withdraw it at an earlier time.

 

6.5 - No variation of the Contract, whether about description of our services, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and MSAV in writing.

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7 - Fees & Payment

 

7.1 - The fees for our services, the price of any equipment and any additional charges are current at the date of the booking or such other price as we may agree in writing.

 

7.2 - Prices for services or equipment may be calculated on a fixed fee or on a standard rate basis.

 

7.3 - All fees quoted by MSAV may be amended when agreed with the client and the client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of MSAV.

 

7.4 - Any query arising from an invoice must be notified to MSAV in writing by the client within 10 working days of the date of the invoice. Failure to comply will render the full invoice payable on the due date.

 

7.5 - It is strictly the responsibility of the representative of the client confirming the booking to inform all relevant parties of the payment terms, as set out by MSAV.

 

7.6 - The balance of the invoice shall be payable 30 days from the invoice date, please note these are full days including weekends

 

7.7 - Late payment may result in an administration fee, not limited to financial expenditure for seeking legal advice and legal action to pursue late payment at our discretion.

 

7.8 - Any additional expenses or fees resulting from any changes made by the client, that have not been quoted in the agreed quotation but subsequently incurred by MSAV, will be added to the invoice, any queries thereon raised within 5 working days of presentation and payment shall be made in accordance with Clause 7.6. MSAV will agree any additional expenses or fees with the client prior to these being incurred.

 

7.9 - Methods of Payment:

 

Bank transfer:

Mr Matthew J Stephens,

Nationwide Building Society,

Sort Code - 070116,

Account Number - 02360472

 

Cheque:

Please make cheques payable to Matt Stephens

 

Remittance advice via email is desirable if paid via bank transfer

 

8 - Cancellation & Postponements

 

8.1 - This clause applies to the following: where the client

• cancels the entire event

• cancels partial use of the services quoted for the event

• reduces the duration of the event as a result of which the contracted value is reduced.

 

8.2 - Should an event be cancelled, the following cancellation charges will apply and extend to the total charge which includes:

• any required accommodation booked by MSAV,

• any Sub-contractors brought in to assist MSAV with the event,

• externally hired equipment,

• pre-booked parking or travel.

• In addition, the client will settle any third-party charges incurred by MSAV on behalf of the client.

 

8.3 - Cancellation Charges

 

• Booking cancelled more than 14 days in advance – No Charge

• Booking cancelled within 14 days in advance – 10% of estimated final invoice.

• Booking cancelled within 7 days in advance – 25% of estimated final invoice.

• Booking cancelled within 72 hours in advance – 50% of estimated final invoice.

• Booking cancelled within 48 hours in advance – 75% of estimated final invoice.

• Booking cancelled within 24 hours in advance – 100% of estimated final invoice.

 

8.4 - Any expenses made that are non-refundable to be invoiced at full cost to client.

 

8.5 - All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.

 

8.6 - MSAV reserves the right to cancel the client’s booking if there has been a change of more than 40% of the client’s original contract. Written notification will be sent to the client.

 

8.7 - Any postponements of confirmed and contracted business that directly affects the operation of the event will be considered by MSAV in accordance with the below cancellation clauses.

• Any Public Health Emergency declared by Public Health England or the Chief Medical Officer for England

• Any action taken by the UK government or UK public authority

• Any security or safety action taken by the local authority or government

• Met Office / Weather Service

 

8.8 - should an event be rescheduled within 12 months of the original event date and providing the revised event date is agreed (subject to availability) between the client and MSAV, MSAV reserves the right to give a discounted invoice for services already rendered or waive their fee until event is completed.

 

8.9 - Should any postponement costs be incurred by MSAV, the client will be notified, and these costs will be invoiced to the client.

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9 - Damage and Financial Loss

 

9.1 - The cost of damage or loss of any equipment responsibility will fall to the client when the equipment is delivered to the event.

 

9.2 - The client is responsible for taking out all necessary insurance required should any equipment be damaged or lost.

 

9.3 - MSAV takes no responsibility for any damage caused to their equipment whether a representative of MSAV is on site or not from misuse by the client,

 

10 - Conformity

 

10.1 - We have a legal duty to supply our equipment in conformity with the contract and will not have conformed if it does not meet the following obligations.

 

10.2 - Upon delivery, the equipment provided will:

 

• Be of satisfactory quality

 

• Be reasonably fit for the particular purpose for which you required to hire the equipment for, before the contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment)

 

• Conform to the description.

 

• Is safe to use electrically and / or physically.

 

• It is not a failure to conform if the failure has its origin in your use.

 

10.3 - We will supply our services with reasonable skill and care.

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11 - Duration, Termination and Suspension

 

11.1 - The contract continues as long as it takes us to provide of services.

 

11.2 - Either you or we may terminate the contract or suspend our services at any time by a written notice of termination or suspension to the other if that other:

 

• commits a serious breach, or series of breaches resulting in a serious breach, of the contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice.

 

• Is subject to any step towards its bankruptcy or liquidation.

 

11.3 - On termination of the contract for any reason, any of our respective remaining rights and liabilities will not be affected.

 

12 - Successors and Sub-contractors

 

12.1 - Either party can transfer the benefit of the contract to someone else and will remain liable to the other for its obligations under the contract.

 

12.2 - MSAV will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

 

13 - Circumstances Beyond the Control of Either Party / Force Majeure

 

13.1 - In the event of any failure by a party because of something beyond its reasonable control:

 

• The party will advise the other party as soon as reasonably practicable.

 

• The party's obligations will be suspended as far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the customer's above rights relating to delivery and the right to cancel.

 

13.2 - MSAV shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, and MSAV shall be entitled to a reasonable extension of its obligations.

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14 - Privacy, Non-Disclosure Agreements (NDA) & Social Media

 

14.1 - Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation regarding your personal information.

 

14.2 - For the purposes of these Terms and Conditions:

 

• 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

 

• 'GDPR' means the UK General Data Protection Regulation.

 

• 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

 

14.3 - We are a data controller of the personal data we process in providing our services and equipment to you.

 

14.4 - Where you supply Personal data to us so we can provide services and equipment to you, and we process that personal data while providing the services and equipment to you, we will comply with our obligations imposed by the data protection laws:

 

• Before or at the time of collecting personal data, we will identify the purposes for which information is being collected.

 

• We will only process personal data for the purposes identified.

 

• We will respect your rights in relation to your personal data.

 

• We will implement technical and organizational measures to ensure your personal data is secure.

 

14.5 - Should a client wish an NDA to be implemented the client will have informed MSAV during the booking process

 

14.6 - MSAV reserves the right to use photos and videos taken by MSAV representatives of events on social media, subject to not breaching clause 14.5

 

14.7 - The client will inform a performer booked for their event that photos and videos may be taken for MSAV’s social media page and will inform MSAV if the performer does not wish to appear on MSAV’s social media

 

15 - Excluding Liability

 

15.1 - We do not exclude liability for:

 

• Any fraudulent act or omission

 

• Death or personal injury caused by negligence by the event organizer.

 

Subject to this, we are not liable for

 

• Loss which was not foreseeable to both parties at the time when the Contract was made,

 

• Loss of profit to or from your event.

 

15.2 - The activities and displays organised by that of the event organisers may be inherently dangerous, it is the responsibility of the event organiser to ensure a ‘safe’ event for all guests / public spectators that are attending the event.

 

As such neither MSAV or its employees or agents shall be liable for any damage, loss, delay or expenses caused to the client, its employees, agents, licensees or invitees or any other persons attending the event except insofar as it results from the negligence of MSAV or breach of contract.

 

15.3 - Please note that during particular events and on certain activities it may be necessary to request individuals to sign a liability waiver on the day of the event (although the same does not purport to exclude liability for damage to personal property of the clients employees or staff or property damage caused to the clients property or personal injury arising as a result of the negligence of MSAV), in which instances MSAV agrees to indemnify and hold the client harmless against all such claims.

 

15.4 - MSAV shall provide Public Liability insurance cover of £5million for each claim.

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16 - Governing Law, Jurisdiction and Complaints

 

16.1 - If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

16.2 - These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

16.3 - Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland, respectively.

 

16.4 - We try to avoid any dispute, so we deal with complaints as follows: If a customer is unsatisfied with the services, we have provided they should contact us within 10 days of delivery so we can discuss potential solutions.