TERMS OF BUSINESS FOR THE PROVISION OF SERVICES
1.0 Intoduction
1.1 This document details the terms of business under which Chaika Events Limited provides its Services to clients.
1.2 Chaika Events Limited is registered as a Company in England and Wales, with registration number 08593233, at the registered office address of 53 Sydenham Hill, London, United Kingdom, SE23 3PS.
2.0 Definitions
2.1 In these Terms of Business, the following meanings shall apply.
i. "Agreement" means acceptance of these terms of business by the Client.
ii. "Booking" means the confirmation of the Event to be provided by Chaika to the Client on those terms advised to them by Chaika.
iii. "Business Day" means a day other than Saturday, Sunday or a recognized public holiday.
iv. "Chaika" means Chaika Events Limited.
v. "Client" means the individual or other entity to whom Chaika will provide its Services.
vi. "Communications" means all correspondence relating to the provision of its Services by Chaika to the Client, including but not limited to emails, letters, proposals and other documentation provided by Chaika.
vii. "Event" means a specific occasion organized and managed by Chaika providing those Services as agreed with the Client.
viii. "Fees" means the monies charged by Chaika in relation to the provision of each and any specific activity or element of its Services.
ix. "Price" means the total price to be paid by the Client for the provision of Services as specified in the Booking Confirmation.
x. "Services" means those services provided by Chaika to the Client as agreed with the Client in the Booking Confirmation.
xi. "Terms of Business" means these Terms of Business for the Provision of Services.
xii. "Third Party" means an entity contracted directly by the Client to provide facilities, services or supplies in relation to the Event.
3.0 Bookings
3.1 Details of the Event and those associated Services to be provided will be agreed between the Client and Chaika; and confirmed in writing by Chaika issuing a Booking Confirmation to the Client.
3.2 The Client will notify its written acceptance of the booking to Chaika, which is deemed to be acceptance of the Services to be provided as described in accordance with all specified terms and conditions, and the Event will be considered to have been booked when the Client pays the associated deposit to Chaika. No booking will be considered to be complete until the deposit has been received by Chaika.
4.0 Fees and Invoicing
4.1 Chaika will provide a written breakdown of the fees for provision of all of those specified Services that constitute the Event to be performed for the Client, also specifying the terms in relation to the deposit to be paid and the arrangements for invoicing for the remaining balance of the Price.
4.2 Should any part of the Price need to be amended because of a subsequent price increase by any contractor or service provider, then Chaika shall pass on such increase to the Client.
5.0 Event Arrangements and Bookings
5.1 The Price and all associated Fees relate to a clear identification of the Services required by the Client and the specific associated circumstances of the Event, including numbers of people involved and venue/location characteristics.
5.2 Chaika recognizes that circumstances can change and Chaika will apply best endeavours to accommodate such requests for change by the Client. However, the Client must accept that there will be times when a requested change cannot be accommodated, such as limitations on venue guest numbers, catering restrictions, or time constraints do not allow such changes to be made.
5.3 Where any part of the Event is to be or performed provided by a contractor or service provider specified by the Client, then that specific Fee payable to the contractor service provider will be individually identifiable within the Price.
5.4 The Booking Confirmation will reflect the Event as agreed by the Client and Chaika as in 5.1 above. Any material amendment to those arrangements described in the Booking Confirmation, and acceptance of those changes will be confirmed by Chaika, including any associated adjustment in Fees and the overall Price.
5.5 Where any part of the Event is dependent upon the performance of a Third Party organised by the Client, there shall be no liability upon Chaika where the work of that Third Party has any detrimental impact to Chaika in terms of Chaika's provision of its own Services or performance of the Event.
5.6 Where the Client has any dispute with a Third Party that it has directly engaged in relation to an Event, then the Client must resolve matters directly with the Third Party and shall not withhold any monies otherwise owing to Chaika that is due for payment.
5.7 Chaika will make every effort to engage and directly contract with those contractors and service providers who shall be part of providing the Services for the Event, including those specific contractors and service providers requested by the Client. In such case, Chaika will liaise with the contractor or service provider, and be responsible for making the arrangements with the contractor or service provider, thereby acting as the Agent of the Client for the payment of their Fees, subject to those Fees being chargeable to the Client.
5.8 If circumstances beyond the control of Chaika require that a substitution of a contractor or service provider is necessary to ensure that the Event can proceed, then whilst Chaika will endeavour to consult with the Client, the client must accept that it may not be feasible in the circumstances and in such case Chaika, acting as Agent on behalf of the Client, reserves the right to incur reasonable costs and expenses for which the Client will reimburse Chaika.
5.9 Where Fees are based on number of Event attendees, the Client must provide guaranteed numbers to Chaika at least 14 days prior to the Event. Chaika will reasonably endeavour to accommodate any subsequent increase in attendee numbers requested, though the Client must also accept that any increase may not be allowable or viable. The Fees will be based on that guaranteed number or the actual number of attendees, whichever is the greater. There will be no refund where numbers are less than initially agreed.
5.10 The Client and any of its Event attendees must comply with any reasonable request from Chaika in relation to performance of the Event.
6.0 Advertising, Media Coverage and Recordings
6.1 Chaika may record Events in full or in part, through photography or video, to be used for its own promotional purposes including through electronic media, printed materials, editorial, advertising media, the Chaika website and its social media sites.
6.2 Unless you advise Chaika to the contrary, it is deemed that by accepting these Terms of Business for Provision of Services, you consent to allowing such materials to be used for advertising purposes, except that any photographs or video footage shall not show the faces of children.
7.0 Termination
7.1 Chaika has the right to terminate the provision of any Services, or cease to provide those Services, where the Client:
i. is in material breach of these Terms of Business, including any failure to make a due payment; or,
ii. is placed in administration, or goes into liquidation voluntarily or is declared bankrupt, has a bankruptcy petition served upon it, is declared insolvent or enters into an arrangement with its creditors;
accepting that the Client shall still be liable for all Fees accrued as due under these Terms of Business.
7.2 The Client may cancel the provision by Chaika of any Services by serving notice in writing to Chaika, accepting that the Client shall still hold financial liability to Chaika as follows, with the following percentages based on the differential between those Fees already incurred at the point of cancellation and the agreed Price.
i. More than 60 days' notice – 50%.
ii. Between 45 and 60 days – 65%.
iii. Between 28 and 45 days – 80%
iv. Less than 28 days – 100%.
8.0 Liability and Force Majeure
8.1 Chaika will exercise all due care and skill to perform the Event as agreed between the Parties.
8.2 No liability will be accepted by Chaika or its employees or contractor or service providers for any injury or death or damage to, or loss of, personal property caused to the Client or any Event attendee arising from attendance at the Event, except where such cause is proven to arise from the negligence or deliberate act or omission of Chaika or its employees.
8.2 Chaika shall be excused from providing its Services in the event of circumstances arising (Force Majeure) that are beyond its control including war, civil commotion, industrial dispute, extreme weather conditions, pandemic; and Chaika will therefore bear no responsibility or liability where there is any failure or shortcoming in providing the services in relation to the Event, where that failure or shortcoming is reasonably beyond the control of Chaika. Any monies repayable to the Client shall be in accordance with clause 7.2.
8.3 Any damage that is incurred to the property of Chaika or contractor to supplier to Chaika, or any Third Party whilst providing services in relation to the event, by any person or persons that is in attendance at the Event, including damage to premises, fittings and equipment, whether deliberate or inadvertent, shall be the liability of the Client and thereby chargeable to the Client.
8.4 The Client may choose to take out insurance to cover such potential liabilities as described in this Section 8.
8.5 Chaika's entire liability to the Client in relation to the Event, where such proven liability rests with Chaika, shall be limited to the Price for the Event as a maximum.
8.6 Chaika shall not be liable for any consequential losses arising from any failure to perform each or any part of the Event.
9.0 Governing Law
9.1 This Contract shall be construed in accordance with and governed by the laws of England and Wales, and both parties hereby irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to this Contract.
1.1 This document details the terms of business under which Chaika Events Limited provides its Services to clients.
1.2 Chaika Events Limited is registered as a Company in England and Wales, with registration number 08593233, at the registered office address of 53 Sydenham Hill, London, United Kingdom, SE23 3PS.
2.0 Definitions
2.1 In these Terms of Business, the following meanings shall apply.
i. "Agreement" means acceptance of these terms of business by the Client.
ii. "Booking" means the confirmation of the Event to be provided by Chaika to the Client on those terms advised to them by Chaika.
iii. "Business Day" means a day other than Saturday, Sunday or a recognized public holiday.
iv. "Chaika" means Chaika Events Limited.
v. "Client" means the individual or other entity to whom Chaika will provide its Services.
vi. "Communications" means all correspondence relating to the provision of its Services by Chaika to the Client, including but not limited to emails, letters, proposals and other documentation provided by Chaika.
vii. "Event" means a specific occasion organized and managed by Chaika providing those Services as agreed with the Client.
viii. "Fees" means the monies charged by Chaika in relation to the provision of each and any specific activity or element of its Services.
ix. "Price" means the total price to be paid by the Client for the provision of Services as specified in the Booking Confirmation.
x. "Services" means those services provided by Chaika to the Client as agreed with the Client in the Booking Confirmation.
xi. "Terms of Business" means these Terms of Business for the Provision of Services.
xii. "Third Party" means an entity contracted directly by the Client to provide facilities, services or supplies in relation to the Event.
3.0 Bookings
3.1 Details of the Event and those associated Services to be provided will be agreed between the Client and Chaika; and confirmed in writing by Chaika issuing a Booking Confirmation to the Client.
3.2 The Client will notify its written acceptance of the booking to Chaika, which is deemed to be acceptance of the Services to be provided as described in accordance with all specified terms and conditions, and the Event will be considered to have been booked when the Client pays the associated deposit to Chaika. No booking will be considered to be complete until the deposit has been received by Chaika.
4.0 Fees and Invoicing
4.1 Chaika will provide a written breakdown of the fees for provision of all of those specified Services that constitute the Event to be performed for the Client, also specifying the terms in relation to the deposit to be paid and the arrangements for invoicing for the remaining balance of the Price.
4.2 Should any part of the Price need to be amended because of a subsequent price increase by any contractor or service provider, then Chaika shall pass on such increase to the Client.
5.0 Event Arrangements and Bookings
5.1 The Price and all associated Fees relate to a clear identification of the Services required by the Client and the specific associated circumstances of the Event, including numbers of people involved and venue/location characteristics.
5.2 Chaika recognizes that circumstances can change and Chaika will apply best endeavours to accommodate such requests for change by the Client. However, the Client must accept that there will be times when a requested change cannot be accommodated, such as limitations on venue guest numbers, catering restrictions, or time constraints do not allow such changes to be made.
5.3 Where any part of the Event is to be or performed provided by a contractor or service provider specified by the Client, then that specific Fee payable to the contractor service provider will be individually identifiable within the Price.
5.4 The Booking Confirmation will reflect the Event as agreed by the Client and Chaika as in 5.1 above. Any material amendment to those arrangements described in the Booking Confirmation, and acceptance of those changes will be confirmed by Chaika, including any associated adjustment in Fees and the overall Price.
5.5 Where any part of the Event is dependent upon the performance of a Third Party organised by the Client, there shall be no liability upon Chaika where the work of that Third Party has any detrimental impact to Chaika in terms of Chaika's provision of its own Services or performance of the Event.
5.6 Where the Client has any dispute with a Third Party that it has directly engaged in relation to an Event, then the Client must resolve matters directly with the Third Party and shall not withhold any monies otherwise owing to Chaika that is due for payment.
5.7 Chaika will make every effort to engage and directly contract with those contractors and service providers who shall be part of providing the Services for the Event, including those specific contractors and service providers requested by the Client. In such case, Chaika will liaise with the contractor or service provider, and be responsible for making the arrangements with the contractor or service provider, thereby acting as the Agent of the Client for the payment of their Fees, subject to those Fees being chargeable to the Client.
5.8 If circumstances beyond the control of Chaika require that a substitution of a contractor or service provider is necessary to ensure that the Event can proceed, then whilst Chaika will endeavour to consult with the Client, the client must accept that it may not be feasible in the circumstances and in such case Chaika, acting as Agent on behalf of the Client, reserves the right to incur reasonable costs and expenses for which the Client will reimburse Chaika.
5.9 Where Fees are based on number of Event attendees, the Client must provide guaranteed numbers to Chaika at least 14 days prior to the Event. Chaika will reasonably endeavour to accommodate any subsequent increase in attendee numbers requested, though the Client must also accept that any increase may not be allowable or viable. The Fees will be based on that guaranteed number or the actual number of attendees, whichever is the greater. There will be no refund where numbers are less than initially agreed.
5.10 The Client and any of its Event attendees must comply with any reasonable request from Chaika in relation to performance of the Event.
6.0 Advertising, Media Coverage and Recordings
6.1 Chaika may record Events in full or in part, through photography or video, to be used for its own promotional purposes including through electronic media, printed materials, editorial, advertising media, the Chaika website and its social media sites.
6.2 Unless you advise Chaika to the contrary, it is deemed that by accepting these Terms of Business for Provision of Services, you consent to allowing such materials to be used for advertising purposes, except that any photographs or video footage shall not show the faces of children.
7.0 Termination
7.1 Chaika has the right to terminate the provision of any Services, or cease to provide those Services, where the Client:
i. is in material breach of these Terms of Business, including any failure to make a due payment; or,
ii. is placed in administration, or goes into liquidation voluntarily or is declared bankrupt, has a bankruptcy petition served upon it, is declared insolvent or enters into an arrangement with its creditors;
accepting that the Client shall still be liable for all Fees accrued as due under these Terms of Business.
7.2 The Client may cancel the provision by Chaika of any Services by serving notice in writing to Chaika, accepting that the Client shall still hold financial liability to Chaika as follows, with the following percentages based on the differential between those Fees already incurred at the point of cancellation and the agreed Price.
i. More than 60 days' notice – 50%.
ii. Between 45 and 60 days – 65%.
iii. Between 28 and 45 days – 80%
iv. Less than 28 days – 100%.
8.0 Liability and Force Majeure
8.1 Chaika will exercise all due care and skill to perform the Event as agreed between the Parties.
8.2 No liability will be accepted by Chaika or its employees or contractor or service providers for any injury or death or damage to, or loss of, personal property caused to the Client or any Event attendee arising from attendance at the Event, except where such cause is proven to arise from the negligence or deliberate act or omission of Chaika or its employees.
8.2 Chaika shall be excused from providing its Services in the event of circumstances arising (Force Majeure) that are beyond its control including war, civil commotion, industrial dispute, extreme weather conditions, pandemic; and Chaika will therefore bear no responsibility or liability where there is any failure or shortcoming in providing the services in relation to the Event, where that failure or shortcoming is reasonably beyond the control of Chaika. Any monies repayable to the Client shall be in accordance with clause 7.2.
8.3 Any damage that is incurred to the property of Chaika or contractor to supplier to Chaika, or any Third Party whilst providing services in relation to the event, by any person or persons that is in attendance at the Event, including damage to premises, fittings and equipment, whether deliberate or inadvertent, shall be the liability of the Client and thereby chargeable to the Client.
8.4 The Client may choose to take out insurance to cover such potential liabilities as described in this Section 8.
8.5 Chaika's entire liability to the Client in relation to the Event, where such proven liability rests with Chaika, shall be limited to the Price for the Event as a maximum.
8.6 Chaika shall not be liable for any consequential losses arising from any failure to perform each or any part of the Event.
9.0 Governing Law
9.1 This Contract shall be construed in accordance with and governed by the laws of England and Wales, and both parties hereby irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to this Contract.