1. Making the booking
Any contract for the supply of our DJ service is between you and The Ultimate Wedding DJ. In order to secure your booking you must agree to these terms and conditions by paying your deposit (which will be an agreed amount of the total booking fee). II) Once we receive your deposit payment a Confirmation will be issued to you provided we can provide the service on the required date and at the required venue. A contract for the booking shall come into effect immediately upon Confirmation.
2. Changes to the booking
The Booking Fee may be subject to change (in agreement with both the Client’ and The Ultimate Wedding DJ) if any details of the booking are altered by the Client such as the event times, event type and event venue. All changes to the booking must be arranged and agreed by The Ultimate Wedding DJ in advance of the event.
3. Payment of the Booking Fee
The agreed deposit is due strictly within 24 hours of receipt of booking invoice. The deposit can be paid by Paypal, credit card or debit card. Bookings can still be made after the 24 hour period but must first be confirmed by The Ultimate Wedding DJ.
Unless otherwise agreed by The Ultimate Wedding DJ, the balance of the Booking Fee is payable to The Ultimate Wedding DJ by Paypal, credit or debit card 14 days before the day of the event.
All prices quoted to you are correct at the time of quotation however bookings are taken on a “first come first served” basis so there is no guarantee that the date will still be available when you come to make your booking. Prices are inclusive of value added tax, if applicable.
Failure to pay any invoice from us on time will result either in the cancellation of your booking or late payment charges equivalent to interest on the late payment which shall be calculated on a daily basis at a rate of 5% over our bank’s lending rate from the date the payment was originally due until the date of actual payment. We may also instruct a debt collection agency or solicitor to collect payment (including any interest and/or late payment charges) on our behalf. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may incur to pay the debt collection agency or solicitor who will add the sum to your outstanding debt on our behalf.
Cancellation by the Client:
Cancellation by the Client is not permitted for any reason except circumstances covered by Force Majeure (see clause 10.) In the event that the Client’ cancels the booking due to a Force Majeure event, the Client hereby agrees to notify The Ultimate Wedding DJ immediately. The following fees shall be payable by the Client in the event of cancellation:
I) Cancellation by the Client within 24 hours of Confirmation will result in the loss of any deposit paid but will not carry a cancellation fee.
II) Cancellation by the Client after 24 hours of Confirmation and up to 12 months before the event date will result in the loss of the deposit and the Client will be liable to pay 50% of the remaining Booking Fee to The Ultimate Wedding DJ within 7 days of cancellation.
III) Cancellation by the Client after 24 hours of Confirmation and up to 6 months before the event date will result in loss of the deposit and 100% of the remaining balance of the Booking Fee will be payable by the Client to The Ultimate Wedding DJ within 7 days of cancellation.
Cancellation by The Ultimate Wedding DJ:
in the unlikely event that The Ultimate Wedding DJ cancels the booking, The Ultimate Wedding DJ will inform the Client of the cancellation as soon as possible and shall make all reasonable attempts to find a suitable replacement artist of similar standard and style at no extra cost to the Client. Should a suitable replacement not be found, The Ultimate Wedding DJ agrees to refund the Client the deposit plus any other part of the Booking Fee already paid in advance. There will be no refund given to the Client against the booking deposit already paid, if a replacement artist of similar value can be arranged by The Ultimate Wedding DJ and agreed by the Client. However, should a replacement artist charge a much lower fee, the Client will be refunded a proportionate amount of the Booking Fee if you have made a payment above the deposit fee and the replacement artist will be due its usual fee. Should the replacement artist charge a higher fee, the Client will be liable for any extra charge that may be incurred. Wherever possible, the Client and the replacement artist will be put in contact with each other to agree this in advance.
5. Changes on the day
I) Where possible, changes to the booking which are unavoidable on the day of the event should
first be discussed and agreed with The Ultimate Wedding DJ. Should this not be possible, changes must be agreed between the Client and the DJ prior to the performance. Any changes agreed will be subject to these Terms and Conditions. Changes negotiated between the Client and the DJ on the day of the event and any extra fees agreed with the Client must be paid by the Client along with the remaining balance of the Booking Fee.
II) Any extra time performed by The Ultimate Wedding DJ will result in a £40 per half hour charge. This must be paid in cash by the Client on the event date.
III) If the DJ is required to start earlier than booked and the Client refuses to pay an extra time charge, the DJ shall only perform for the amount of time booked.
If the Client has agreed to cover additional expenses incurred by the DJ (such as taxi’s, food, hotel, flights etc.) The Ultimate Wedding DJ will invoice the Client for such expenses within 60 days after the event and such invoice shall be accompanied with receipts for the charges incurred. The Client must reimburse all expenses to The Ultimate Wedding DJ within 7 days of the date of invoice.
7. The Ultimate Wedding DJ’s service guarantee
I) We will use our reasonable endeavours to ensure that the DJ delivers a performance that is to the best of his/her ability, and reflects the likeness of the ‘DJ’ show, as known to and as advertised to the Client by the DJ via distribution of the DJ demo CD’s, promotional materials, profiles, pictures, videos and web page. The DJ will make every reasonable effort to – ensure that his/her performance is to the required standard, adhere to the client’s reasonable wishes, be polite and courteous to the Client, your guests and all venue staff and contractors.
II) The DJ shall provide all equipment required to undertake the performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires.
8. DJ equipment
It is agreed by the Client that the equipment and instruments of the DJ are not available for use by other performers or persons except by specific permission of the DJ concerned.
9. Withdrawal of services
I) In case of verbal and/or physical violence towards the DJ or any person/person’s connected with The Ultimate Wedding DJ, the Client may be asked to have this/these people removed from the venue. If an agreement regarding this cannot be resolved then the services of The Ultimate Wedding DJ may be stopped, and the Client will be liable for the remainder of any Booking Fee due plus any other costs or expenses incurred by The Ultimate Wedding DJ as a result.
II) In the case of damage being caused to any equipment (either belonging to contracted to or leased to The Ultimate Wedding DJ) by the Client or any person/person’s at the event the services of The Ultimate Wedding DJ may be stopped, and the Client will be liable for the remainder of any Booking Fee due. The Client will also be fully liable to reimburse The Ultimate Wedding DJ for any damage to equipment (either belonging to contracted to or leased to The Ultimate Wedding DJ) within 7 days of the event date.
10. Force Majeure
In cases of Force Majeure which are not attributable to any act or failure to take preventive action by the Client, then the Client may cancel this booking without penalty other than loss of deposit.
11. Limitation of Liability
We disclaim any and all liability to you for the DJ services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the DJ service. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
We shall not be held liable for any failure or delay in performing the services where such failure arises as a result of any event of Force Majeure.
We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
The Terms and Conditions together with payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this contract. In the event of any conflict between these Terms and Conditions and any other term or provision on our website or elsewhere, these Terms and Conditions shall prevail.
If any term or condition of our contract shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of these Terms and Conditions shall continue in force without such term or condition.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
Terms used in this document shall have the following meanings:
“Booking Fee” means the fee as notified to you by us for the booking;
“Client”, “you”, “your” or “yours” means you, the person booking our services;
“Confirmation” means any verbal, electronic or written acceptance of the booking by The Ultimate Wedding DJ;
“Force Majeure” means any event which is beyond the reasonable control of either party which shall include, without limitation, acts of God, governmental actions, fire, death, illness or other capacity certified by a properly qualified medical practitioner, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, extreme weather conditions, flood, epidemic, lock‐outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials;
“Terms and Conditions” means the terms and conditions upon which the booking for DJ services is made and which is set out in this document;
“The Ultimate Wedding DJ”, “us”,”our” or “we” means The Ultimate Wedding DJ of 24 Jubilee bank, Ormesby, Middlesbrough TS7 9AJ.