Definitions
"360" refers to 360.uk.com, the provider of photo booth, photography, videography, and DJ services.
"Client" refers to the individual or entity contracting 360's services.
"Services" refers to the specific services agreed upon in the contract, including photo booth rental, photography, videography, and/or DJ services.
"Contract" refers to the agreement between 360 and the Client, detailing the Services to be provided and associated terms.
Agreed Standard refers to the minimum level of service and performance expected from 360 during the provision of photo booth and DJ services. This includes, but is not limited to:
- The photo booth will be operational for a minimum of 90% of the agreed service period, allowing for reasonable downtime due to necessary maintenance or technical adjustments, with no obligation for refunds or compensation for downtime within this threshold.
- The DJ will provide music and entertainment as specified in the contract, with discretion to modify playlists and adapt to the event's atmosphere without prior approval from the Client, ensuring a dynamic and engaging experience.
- All equipment will be maintained in good working order; however, 360 is not liable for any delays or interruptions caused by equipment failure unless it is due to gross negligence.
- Timely arrival and setup at the venue will be conducted at least 30 minutes prior to the event start time. While 360 will make reasonable efforts to adhere to this timeline, any unforeseen delays due to circumstances beyond control (e.g., traffic, weather) do not constitute a breach of contract.
- Communication regarding service delivery will be made at 360’s discretion. While 360 aims to keep the Client informed, it is not obligated to provide updates unless significant issues arise.
2. Booking and Payment
- A non-refundable deposit of 50% of the total fee is required to secure the booking.
- The remaining balance is due 14 days before the event date.
- Failure to pay the remaining balance on time may result in cancellation of the Services without refund.
3. Cancellation
- By Client: Cancellation by the Client within 14 days of the event date results in forfeiture of the full fee. Cancellations made earlier will result in forfeiture of the deposit.
- By 360: 360 reserves the right to cancel Services due to unforeseen circumstances. In such cases, the Client will receive a full refund of all payments made.
4. Service Delivery
- 360 will provide the Services as outlined in the Contract with reasonable care and skill.
- The Client is responsible for ensuring adequate space, power supply, and access for 360 to provide the Services.
- Any changes to the agreed-upon Services must be made in writing and may incur additional charges.
5. Consumer Rights
- Under the Consumer Rights Act 2015, Clients have rights regarding services provided. If Services do not meet agreed standards or are not delivered with reasonable care and skill, Clients may request a remedy which could include re-performance or other.
6. Liability
- 360 is insured against public liability and professional indemnity.
- 360 is not liable for any loss or damage to Client property unless caused by 360's negligence.
- The Client is responsible for obtaining any necessary permissions or licenses for the event.
- Media Loss Protection - 360 shall not be liable for any loss of photo media resulting from technical failures or software malfunctions. The Client acknowledges that while 360 will take reasonable precautions to safeguard media, there is an inherent risk of data loss due to technical issues. In such cases, 360's liability shall be limited to a refund of fees paid for the specific service related to lost media.
7. Performance Limitations
- 360 shall not be liable for failure to perform due to software or hardware issues beyond its control.
- In cases where 360 is late in providing Services due to unforeseen circumstances or events outside its control (e.g., traffic delays, equipment failure), no refunds or compensation will be offered.
8. No Refund Policy
- All sales are final; no refunds will be issued based on performance or client dissatisfaction with hired services.
- No refunds or partial refunds will be issued due to:
- The Client being late for their event.
- Insufficient space allocated at the venue for set-up and operation.
- Poor access to the event location that prevents proper delivery of Services.
9. Equipment Damage Liability
- The Client becomes fully liable for any damages incurred to 360's equipment during the event, including damages caused by the Client's guests or any third parties present at the event. The Client agrees to cover all repair costs associated with such damages.
10. Indemnity Clause
- The Client agrees to indemnify and hold harmless 360 from any claims, damages, losses, or expenses arising from any acts or omissions of the Client or their guests during the event.
11. Force Majeure
- Neither party shall be liable for any delay or failure to perform its obligations under this Contract if such delay or failure is caused by a Force Majeure event (e.g., natural disasters, acts of war, etc.).
12. **Damage Waiver
- The Client agrees to waive any claims against 360 for minor damage to the venue or equipment unless caused by 360's gross negligence.
13. Intellectual Property
- All photos, videos, and other materials created by 360 during the event are the property of 360.
- 360 grants the Client a non-exclusive, royalty-free license to use the materials for personal purposes.
14. Governing Law and Jurisdiction
- This Contract shall be governed by and construed in accordance with the laws of England and Wales.
- Any disputes arising from this Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15. Entire Agreement
- This Contract constitutes the entire agreement between the parties and supersedes all prior negotiations or agreements.
16. Severability Clause
- If any provision of this Contract is found to be invalid or unenforceable by a court of law, such provision shall be deemed modified to reflect as closely as possible its original intent while remaining valid and enforceable, and all other provisions shall remain in effect.
17. Acceptance of Terms
- By booking with 360.uk.com, you agree to these Terms of Sale & hire service, which may be updated periodically. It is your responsibility to review these terms regularly.
Updated
10/2024