ddtalent - agency policies, terms & conditions · behalf of and with the authority of decadance...

DECADANCE TALENT Decadance Talent Terms & Conditions v1.0 (04.17)

© Decadance Talent (Part Of The Decadance Group)

(+44) 0330 088 4181 – [email protected] - decadancetalent.com

ONLINE POLICIES

GENERAL TERMS OF USE Welcome to decadancetalent.com. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern decadancetalent.com relationship with you in relation to this website. The term 'decadancetalent.com' or 'us' or 'we' refers to the owner of the website who can be contacted by emailing [email protected]. The term 'you' refers to the user or viewer of our website. The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without decadancetalent.com's prior written consent.




Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales. PRIVACY POLICY Decadancetalent.com and the wider owner ‘The Decadance Group’ of companies which includes Decadance and Fest Intentions Ltd. is the sole owner of the information collected on this web site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. decadancetalent.com collects information from our users at a number of different points on our website. We request information from the user on our enquiries forms. Here a user must provide contact information (like name, email and telephone numbers). This information is used to fulfil customer's enquiries and or bookings. We might get back to the customer to provide the information requested by the customer, for instance a quote for our services. SECURITY This website takes every precaution to protect our users information. When users submit sensitive information via the website, your information is protected both online and off-line. All of our users' information is restricted. Only employees who need the information to perform a specific job (for example, accounting staff or a customer service representative) are granted access to personally identifiable information. We never hold credit/ debit card details on file, either electronically (online) or written after payments are made. Our processing merchant may hold this information for a set period or to fulfil subscription based payments. LINKS This web site may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site. MARKETING If you use this site to purchase and enquire about services you may occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications on our order form. Users who no longer wish to receive our newsletter or promotional materials from our partners may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email, or by contacting us directly. Users of our site are notified when their information is being collected or used by any third parties. We do this so our users can make an informed choice as to whether they should proceed with services that require a third party, or not. NOTIFICATION OF CHANGES If we decide to change our privacy policy, we will post those changes on this web site so our users are always aware of what information we collect, how we use it, and under what circumstances, if




any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected. CORRECTION / UPDATE OF PERSONAL DETAILS If a user's personally identifiable information changes (such as your post code), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user's personal data provided to us. COOKIE POLICY To make full use of the features on decadancetalent.com your computer, tablet or mobile phone may need to accept cookies, as we can may only be able to provide you with certain personalised features of this website by using them. Our cookies don't store sensitive information such as your name, address or payment details: they simply hold the 'key' that, once you're signed in, is associated with this information. However, if you'd prefer to restrict, block or delete cookies from decadancetalent.com, or any other website, you can use your browser to do this. Each browser is different, so check the 'Help' menu of your particular browser (or your mobile phone's handset manual) to learn how to change your cookie preferences. Here's a list of the main cookies we use, and what we use them for. AJAXA cookie We use this to determine if your web browser supports some of the features of our checkout that make checkout quicker and easier to complete. JSE We use this cookie to remember if you have JavaScript enabled on your web browser. Without it the website can't do things like display videos, so we hide this content if JavaScript is disabled. fromAdcookie We use this to determine if you arrived at decadancetalent.com by clicking on an advertising link, and allows us to reward some external websites for directing visitors to us. AdTrack, Affiliate, TD cookies These cookies show us how you found our website and which website you came from. This helps us know which of our online marketing channels is most effective. They also allow us to reward some external websites for directing you to us. _utma, _utmz These cookies enable the function of Google Analytics for decadancetalent.com and its subsidiaries. Software, this software helps us take and analyse visitor information such as browser usage, new visitor numbers, response to marketing activity and shopping times. That information helps us to improve the website and your shopping experience, and to make our marketing campaigns relevant. The data stored by these cookies can be seen only by the committee at decadancetalent.com and Google, and never shows any confidential information.




AGENCY POLICIES TERMS & CONDITIONS

Decadance Talent is a trading division of The Decadance Group. Full details can be found by visiting our website at https://decadancetalent.com/ or by calling (+44) 0330 088 4181. 1. DEFINITION 1.1 "Company" shall mean Decadance Talent; its successors and assigns or any person acting on behalf of and with the authority of Decadance Talent. 1.2 "Client" shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation, booking confirmation or any other forms to which these terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person or entity. 1.3 "Guarantor" means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis. 1.4 "Booking" shall mean all performance bookings of an Artist or a Brand or an event by the Company for the Client and are as described on the invoices, quotation, work authorisation, booking confirmation or any other forms as provided by the Company to the Client and includes any advice or recommendations (and where the context so permits any incidental supply of any goods). 1.5 "Performance" shall mean a Booking of a performance made by the Company for the Client. 1.6 "Artist" shall mean a brand, individual, performer or DJ, or a group of people sourced and a Booking of a Performance made by the Company of that Brand, or person, or group of people for the Client. 1.7 "Price" shall mean the cost of the Bookings as agreed between the Company and the Client subject to clause 3 of this agreement. 2. ACCEPTANCE 2.1 Any instructions received by the Company from the Client for a Booking and/or the Clients acceptance of Bookings made by the Company shall constitute acceptance of the Terms and Conditions contained herein. 2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price. 2.3 Upon acceptance of these Terms and Conditions by the Client, the Terms and Conditions are irrevocable, and can only be amended with the written consent of the Company. 2.4 The Client shall give the Company not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client's name and/or any other change in the Client's details (including but not limited to, changes in the Client's address, email address, mobile telephone number or business practice). The Client shall be liable for any loss incurred by the Company as a result of the Client's failure to comply with this clause.




2.5 Bookings are made by the Company only on the Terms and Conditions of service herein to the exclusion of anything to the contrary in the terms of the Client's order notwithstanding that any such order is placed on terms that purport to override these Terms and Conditions of service. 3. PRICE & PAYMENT 3.1 At the Company's sole discretion the Price shall be either: (a) as indicated on invoices provided by the Company to the Client in respect of Bookings made; or (b) the Company's quoted Price (subject to clause 3.2) which shall be binding upon the Company provided that the Client shall accept the Company's quotation in writing within thirty (30) days. The Price quoted shall be for that particular Booking and may change in the event of future Bookings. 3.2 The Company reserves the right to change the Price in the event of a variation to the Company's quotation. In the event of a fluctuation in currency exchange rates of more than 3%, then the Client agrees that this additional cost will be charged to the Client in addition to the Price. 3.3 A non-refundable deposit and/or booking fee shall be due on the agreement issue date. In the event this is not received, the Company reserves the right to cancel the Booking. The Company shall not be liable for any loss or damage whatever arising from such cancellation. 3.4 All costs incurred by (or on behalf of) the Company including but not limited to flights, accommodation, transport, or any other subsistence required by the Artist are nonrefundable under any circumstances. Where such costs are agreed to be recouped by Company, the Client is liable to pay these costs on or before seven (7) days prior to the agreement issue date. 3.5 Any accommodation and travel arrangements required by the Artist and part of the Booking, must be booked in advance by the Client and agreed in writing by the Company. Incorrect or unconfirmed accommodation or travel arrangements may result in the cancellation of the Booking for which the Client shall remain liable for the Price in full. 3.6 The Client shall arrange and pay for all appropriate work permits within ample time that may be required for the Artist to deliver the Performance. Where a work permit is required and the Company is responsible for arranging the work permit no matter whether there is an additional charge for this or the charge is included in the agreed performance fee it is important that all payments are on time and according to the payment terms. Any delay may cause the agreed permit fee or all-inclusive fee to increase or the date of the event to be cancelled or postponed. 3.7 The Client shall ensure all taxes (either local or national) relating to the Artist's performance are paid according to the law of the jurisdiction under which the event is scheduled. The Company shall not make a deduction from the Artist's fee in relation to any taxes paid, unless express permission is given in writing prior to the Booking. 3.8 Payment terms shall be agreed in writing as per the booking confirmation sent to the Client confirming details of the Booking. A deposit that includes the Booking fee, or payment in full shall be due (time for payment shall be of the essence), when the Booking is confirmed according to the payment terms stated in the Booking confirmation. 3.9 At the Company's sole discretion: (a) full payment shall be due before delivery of the Performances; or (b) payment for approved Clients shall be made by installments in accordance with the Company's payment schedule.




3.10 Payment can be made by credit card (plus a surcharge of 3.00% of the Price), debit card, or by direct bank credit (BACS), or by any other method as agreed to between the Client and the Company. For payment by international bank transfer a surcharge of £20 GBP or �25 EUR or $30 AUD or $35 USD shall be added to the Price. 3.11 In the event of their being charges via the method of transfer, these added charges will be billable to the Client. All VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price. 4. CONFIDENTIALITY 4.1 The Client agrees to keep confidential the details of any Bookings, including but not limited to, details relating to the Price. In the event of any breach of this confidentiality by the Client, the Company reserves the right to cancel any Bookings, including any future Bookings and in such an event, the Client shall remain liable for the Price in full. 5. PERFORMANCE DELIVERY 5.1 Delivery of the Performance shall take place at the Client's address or other address nominated by the Client as stated in the booking confirmation. 5.2 The Company is shall not be liable for any loss or damage whatever due to failure by the Artist to complete the Performance (or any of them) promptly or at all. A replacement Artist will be made available for any such occurrence. 5.3 In the event the venue where the Performances are being delivered is closed or otherwise unavailable at the agreed time of the Performance delivery, the agreement shall be considered as fulfilled and the Price in full shall remain due or if already paid shall be retained by the Company as payment in lieu of the fulfilled agreement. 5.4 In the event that the Artist is unable to fulfil their obligation(s) due to circumstances beyond their control, or due to the scheduling of promotional television or radio appearances, the Company shall offer to supply a replacement Artist. Where the Client rejects the replacement Artist, the agreement shall be cancelled, and the Company shall refund the Artist fee. In such an event, the Company and the original Artist shall be released from all liability. 6. EVENTS 6.1 Once the Company has commenced providing a Booking for any event (i.e. a concert, performance, show, exhibition, fair, party, conference or any such similar event) which the Client has arranged or is undertaking, then the Company shall not be liable to the Client in any way whatsoever (including any loss or damage suffered by the Client) for non-performance of its obligations (whether wholly or partly) by reason of any cause beyond the Company's reasonable control (including without limitation, acts of God, inclement weather, flood, lightning strike, power failure, fire, riot(s), civil commotion or unrest, interference by civil or military authorities or act of war (i.e. a force majeure event). 6.2 For the sake of clarity as such force majeure events are beyond the Company's control, such events shall not negate, nor reduce, the Clients liability to pay the full Price that was agreed between the Company and the Client, for the provision of the Booking by the Company to the Client, and the Client's payment obligations to the Company shall be deemed to remain the same, as if the force




majeure event had never occurred. It shall be the Client's responsibility to ensure that they are adequately insured against such force majeure events and all other usual risks. 6.3 In the event of a non-performance due to a force majeure event, the Company shall endeavour to find a replacement date that is mutually agreeable to the Client and the Artist. In such an event, the total Company fee are transferable, however, any costs relating to the Booking may not be transferable, and consequently any additional costs, including but not limited to, travel or accommodation costs shall be at the Client's expense. 7. ACCESS & POWER SUPPLY 7.1 The Artist and any subsequent Contractor, shall require access to the event venue with ample time to set up any equipment before the Performance is scheduled to start. In the event that the appropriate amount of time is not available, then the Client acknowledges there may be delay to the commencement of the delivery of the Performances with no liability to the Company or Artist. 7.2 The Artist may require appropriate power including three-phase power to operate any equipment. If the appropriate power supply is not available, then the Artist may not be able to perform and the agreement shall be considered as fulfilled with no liability to the Company or the Artist. In such an event, the Price in full shall remain due or if already paid shall be retained by the Company as payment in lieu of the fulfilled agreement. 8. FAULTS & OMISSIONS 8.1 The Client shall notify the Company (within twenty-four (24) hours) of any alleged omission or failure to comply with the description or brief. The Client shall afford the Company an opportunity to review the Booking within a reasonable time following Performance delivery, if the Client believes the Performance was substandard in any way. If the Client shall fail to comply with these provisions the Booking and/or Performance shall be presumed to be free from any fault or omission. For substandard Performances, which the Company has agreed in writing that the Client is entitled to reject, the Company’s liability is limited to replacing the Booking. 9. INTELLECTUAL PROPERTY 9.1 The Client warrants that no recording of any sort or description and for any purpose shall be made of the Artist's performance without separate prior written agreement of the Company. The Company acknowledges that the Client cannot prevent recording being made by members of the public on personal devices such as mobile phones. 9.2 The Client shall not mention or publicise the Artist or the Company in any advertising, promotion or promotional material until the agreement has been signed and returned. 9.3 The Client shall not use any artwork or logos to advertise the Artist or the Company, other than those supplied by the Company. In the event that the Client uses any unauthorised images including, but not limited to, logos and photos there will be an additional charge of £2,000.00 (two thousand GBP) payable by the Client to the Company. All artwork must be sent to the Company for approval in advance. The Company reserves the right to cancel all bookings (with no liability for any loss or damage whatever arising from such cancellation) where any artwork is used by the Client without prior written approval of the Company. 9.4 The Client hereby authorises the Company to utilise images of the Artist performing in advertising, marketing, or competition material by the Company.




10. DEFAULT & CONSEQUENCES OF DEFAULT 10.1 Interest on overdue invoices shall accrue from the date when payment becomes due weekly until the date of payment at a rate of 5% per week, and such interest shall compound monthly at such a rate after as well as before any judgment; or 10.2 The Company may charge interest on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. 10.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify the Company from and against all costs and disbursements incurred by the Company in pursuing the debt including legal costs on a solicitor and own client basis and the Company's collection agency costs. 10.4 Without prejudice to any other remedies the Company may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Company may cancel the Artist or Performance and any further upcoming Performances with any other Artist’s or branded events and any of its other obligations under the Terms and Conditions. The Company will not be liable to the Client for any loss or damage the Client suffers because the Company exercised its rights under this clause. 10.5 If any account remains overdue after thirty (30) days then interest shall accrue on the invoice amount at the statutory rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8% plus the Bank of England base rate of 0.5% per annum. At the Company’s discretion, an administration fee will also be added to cover any charges incurred by the company (to cover administrative expenses and not as a penalty) and shall be charged per reminder for overdue payment submitted to the Client. The Company shall be entitled to submit such reminders on a weekly basis once the fees have become overdue. The Company expressly reserves all rights at all times to bring any legal action it considers appropriate to recover any unpaid sums. These administrative fees are set at £40 (up to £999.99), £70 (£1,000.00 - £9,999.00) and £100 (£10,000 or more). 10.6 Without prejudice to the Company's other remedies at law, the Company shall be entitled to cancel the Artist or Performance and any upcoming performances of other Artist’s or Brand represented by the Company, which remains unperformed in addition to and without prejudice, to any other remedies and all amounts owing to the Company shall, whether or not due for payment, become immediately payable in the event that: (a) any money payable to the Company becomes overdue, or in the Company's opinion the Client will be unable to meet its payments as they fall due; or (b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client. 11. SECURITY & CHARGE 11.1 Despite anything to the contrary contained herein or any other rights which the Company may have howsoever: (a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all




of their joint and/or several interests in the said land, realty or any other asset to the Company or the Company’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Company (or the Company's nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met. (b) should the Company elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Company from and against all the Company's costs and disbursements including legal costs on a solicitor and own client basis. (c) The Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Company or the Company's nominee as the Client's and/or Guarantor’s true and lawful attorney to perform. 12. CANCELLATION 12.1 The Company may cancel these Terms and Conditions, or cancel delivery of Performances at any time before the Performances are delivered by giving written notice. On giving such notice the Company shall repay to the Client any sums paid in respect of the Price. The Company shall not be liable for any loss or damage whatever arising from such cancellation. 12.2 The Client shall make all arrangements necessary to take delivery of the Performance at the time and date agreed. In the event that the Client is unable to take delivery of the Performance as arranged then the agreement shall be considered as fulfilled with no liability to the Company or the Artist. In such an event, the Price in full shall remain due or if already paid shall be retained by the Company as payment in lieu of the fulfilled agreement. 12.3 The Client shall provide a minimum of six (4) four weeks written notice via email to the Company, to cancel delivery of the Performances, and in such an event where the cancellation is: (a) less than six (6) weeks but more than two (2) weeks prior to the scheduled date that the Artist is to commence delivery of the Performances then the Client shall be liable for 50% of the agreed Artist’s fee plus the agreed booking fee and any and all loss (whether direct or indirect) incurred by the Company up to the time of cancellation, or which the Company may suffer as a direct result of the cancellation; or (b) within two (2) weeks of the scheduled date that the Artist is to commence delivery of the Performances, the Client shall remain liable for the Price in full. 12.4 Where payments for the Performance has been agreed by the Company to be made in installments by the Client, and any one of the installments isn't made for any reason, then any outstanding payments due shall immediately become payable, and any remaining Performances may be cancelled at the sole discretion of the Artist or the Company and all sums due under this agreement shall be payable by the Client. 13. DATA PROTECTION ACT 1998 13.1 The Client and the Guarantor/s (if separate to the Client) authorises the Company to: (a) collect, retain and use any information about the Client, for the purpose of assessing the Client’s creditworthiness or marketing products and services to the Client (for the Company's own use and not by a third party); and




(b) to disclose information about the Client, whether collected by the Company from the Client directly or obtained by the Company from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing a default by the Client on publicly accessible credit reporting databases. 13.2 The Company may also use information about the Client to monitor and analyse its business. In this connection, the Client authorises the Company to disclose personal information to agents or third parties engaged by the Company. 13.3 The Client consents to the transfer of information outside of the European Economic Area for the purposes listed above. 13.4 Where the Client is an individual the authorities under (clause 13.1) are authorities or consents for the purposes of the Data Protection Act 1998. 13.5 The Client shall have the right to request the Company for a copy of the information about the Client retained by the Company and the right to request the Company to correct any incorrect information about the Client held by the Company. 14. LIMITATION OF LIABILITY 14.1 The Company shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit or goodwill) suffered by the Client or any third party arising out of a breach by the Company or the Artist (including any employees, agents or subcontractors) of these Terms and Conditions. 14.2 The Company shall be under no liability whatever to the Client or any third party of the Client (including, but not limited to employees or customers of the Client or members of the public) for any act or action of the Artist. 14.3 The Company shall be under no liability whatever to the Client for any loss or damage to any equipment by the Artist, brand or any party connected to the Artist or Brand howsoever caused. 14.4 The Company shall not be liable for any non-Performance or substandard Performance by the Artist or Brand due to intoxication of alcohol or illegal substances. 14.5 In the event of any breach of this agreement by the Company the remedies of the Client shall be limited to damages and the Company's liability (if any) whether in agreement, tort or otherwise in respect of any defect in the Performances, or for any breach of these terms and conditions, or of any duty owed to the Client in connection with them shall be limited to the amount of the Price. 14.6 For the avoidance of doubt, nothing in these Terms and Conditions shall exclude or restrict the Company's liability to any person for death or personal injury to that person resulting from the Company's negligence. 15. NON-SOLICITATION 15.1 The Client warrants that any offers regarding future engagements for the Artist by the Client shall be directed through the Company and under no circumstances shall the Client make any such offers to the Artist or Brand or their representatives directly subject to the Company continuing to represent the Artist or Brand, and for a 3 (three) month period after. Where any such offers are made by the Client, the Client shall be liable for the appropriate fee (at the time) due to the Company.




16. CLIENT’S DISCLAIMER 16.1 The Client hereby disclaims any right to rescind, or cancel the agreement, or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by the Company and the Client acknowledges that the Bookings are made relying solely upon the Client's skill and judgment. 17. GENERAL 17.1 If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 17.2 These Terms and Conditions, and any agreement to which they apply shall be governed by the laws of England and Wales, and are subject to the jurisdiction of the courts of England and Wales. 17.3 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Company. 17.4 The Company may license or sub-contract all or any part of its rights and obligations without the Client's consent. 17.5 The Company reserves the right to review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which the Company notifies the Client of such change. Except where the Company supplies further Bookings to the Client, and the Client accepts such Bookings, the Client shall be under no obligation to accept such changes. 17.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

ddtalent - agency policies, terms & conditions · behalf of and with the authority of decadance...

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