Mood Event Decoration Terms and Conditions of Service

1.         DEFINITIONS

1.1       In these terms and conditions the following terms have the following meanings:

‘Mood Event Decoration’ is the trading name of Melanie McGimpsey, a sole trader based at 11 Kingsway Gardens, Cherry valley, Belfast, Co. Antrim. Northern Ireland. BT5 7DQ.

‘Customer’ means the person, firm, corporate or public body entering into agreement with Mood Event Decoration for the provision of Services. Any person purporting to act on behalf of the customer shall be bound by the Terms and Conditions of Service.

‘Balance’ means the Service Charge less any Deposit Retainer paid.

‘Damage Retainer’ means the refundable security deposit that Mood Event Decoration may require the customer to pay as security against the risk of theft or damage to materials during the Display Period.

‘Booking Form’ means the form issued (either in soft or hard copy) by Mood Event Decoration to the Customer specifying, amongst other details, the Venue, Venue Date, Service Specifications, Deposit Retainer and Service Charges.

‘Set up Date’ means the agreed date (or dates) specified in the Booking Form (unless otherwise agreed) for Mood Event Decoration to set up the Materials at the Venue.

‘Dismantling Date’ means the agreed date (or dates) specified in the Booking Form (unless otherwise agreed) for the dismantling and removal of the Materials from the Venue by Mood Event Decoration.

‘Display Period’ means the period including and between the Set up Date and Dismantling Date.

‘Materials’ means any equipment and materials including (but not limited to) furniture, furnishings, props, decoration and lighting either owned by or under hire to Mood Event Decoration and installed at the Venue as part of the Services.

‘Invoice’ means any invoice or invoices issued by Mood Event Decoration to the Customer indicating the agreed Service Charge or Additional Charges owed for Services.

‘Deposit Retainer’ means the deposit payable as specified in the Booking Form (20% of the Service Charge or £100, whichever sum is greater) to be paid by the Customer upon confirmation of the order as consideration for Mood Event Decoration reserving the Venue Date and providing initial consultation services.   The retainer is held by Mood Event Decoration subject to the refund conditions set out at clause 5 of these Terms and Conditions, subject always to a retention of £100 following expiry of the 7 day cancellation period.

‘Services’ means the provision of decoration and consultation services for the event or events in accordance with the Specifications and shall also include (unless otherwise agreed) the provision, set-up and dismantling of the Materials at the Venue.

‘Specification’ means the scope and particulars of Services and Materials agreed by the parties as particularized in the Booking Form.

‘Service Charge’ means the amount payable by the Customer for the Services as specified on the Booking Form.

‘Additional Charges’ means any Additional Charges agreed by the parties in addition to the Service Charge.

‘Venue’ means the venue for the event or events which is the subject of the Booking Form.

‘Venue Date’ means the date of the event or events for which the Services are required.

2.         CONTRACT

Unless stated otherwise in writing all orders placed by the Customer are accepted subject to the Terms and Conditions of Service stated below and the Customer by placing the order and confirming the details set out in the Booking Form and paying the Retainer is deemed to have acknowledged this and such acts will constitute a binding contract between parties (“Contract”)

3.         THE VENUE

3.1       Unless otherwise agreed in the Booking Form, the Service Charge is based on the assumption that the Customer will ensure that the Venue is safe and complies with all necessary regulations, requirements and relevant bye-laws (including but not limited to Fire and Safety regulations) and is easily accessible to Mood Event Decoration personnel and is free from any hazardous and abnormal condition or obstruction that might hinder or impede Mood Event Decoration’s ability to provide the Services.

3.2       If at the Set up Date, the Venue does not comply with the above condition then Mood Event Decoration reserves the right to charge Addition Charges to cover the cost of any addition labour and materials that may be required in order to overcome any undisclosed and/or abnormal condition effecting the installation and erection of the Materials.

3.3       The Service Charge does not include making good any repairs to the Venue unless such damage has been caused by the negligence of Mood Event Decoration’s servants, agents or contractors.

4.         PAYMENT

4.1       Payments must be made in accordance with the payment terms stated in the booking form and/or any Invoice(s).

4.2       Unless otherwise specified in the Booking Form, the Deposit Retainer becomes payable on confirmation by the Customer of the Specifications set out in the Booking Form.

4.3       The booking for the Venue Date is only secured on receipt of a signed Booking Form and payment of the Deposit Retainer.

4.4       Unless otherwise specified in the Booking Form, the Balance must be paid to Mood Event Decoration no later than 10 days prior to the Venue Date.

4.5       All sums payable under the Contract unless otherwise stated are exclusive of VAT and other duties or taxes.  Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition sums.

4.6       Mood Event Decoration reserves the right to charge interest on any late payments at the rate of 4% above the Bank of England’s base rate.

4.7       For the purposes of this clause 4 the expressions “payment”, “payments”, and “paid” shall mean receipt of cleared fund into Mood Event Decoration’s bank account.

5.         CANCELLATION AND TERMINATION

5.1       Either party shall have the right to terminate the Contract without penalty within 7 days from the date of payment of the Deposit Retainer.   In the event of such termination by either party Mood Event Decoration shall refund to the Customer all sums paid by the Customer to Mood Event Decoration by way of Deposit Retainer or otherwise.

5.2       Once the 7 days referred to in the preceding clause has passed should the Customer wish to terminate the Contract then the Customer will be liable to Mood Event Decoration as follows;

            Termination more than 12 months prior to the Venue Date Customer shall be entitled to a refund of 100% of the Deposit Retainer less £100.

            Termination less than 12 months but more than 24 weeks prior to the Venue Date, Customer shall be entitled to 50% of the Deposit Retainer less £100.

            Termination any time during the 24 week prior to the Venue Date; Customer shall be liable to Mood Event Decoration for the Balance in full.

5.3       In the event that Mood Event Decoration should terminate the Contract at any time following expiry of the 7 day cancellation period the Customer shall be entitled to a refund of the Deposit Retainer and any Balance paid in full.

6.         MOOD EVENT DECORATION’S OBLIGATIONS

6.1       Subject to the Customer’s compliance with its obligations under clauses 4 and 7, Mood Event Decoration undertakes to supply the services.

6.2       Mood Event Decoration shall be entitled to subcontract the provision of any or all of its Services.

7.         CUSTOMERS OBLIGATIONS

7.1       The Customer undertakes;

            To pay the Deposit Retainer, Damage Retainer and to pay the Balance and any Addition Charges in accordance with the terms agreed under the Contract.

            To hold safe any Materials supplied by Mood Event Decoration and to deliver up same on demand to the company and further undertakes to insure the said Materials against third party liability and theft.

To ensure that Mood Event Decoration has unfettered access to the Venue on (or before) the Set Up and the Dismantling Date to enable Mood Event Decoration to fulfil its obligations under clause 6 above.

            To provide such electrical power points or supply as may be reasonably required by Mood Event Decoration.

            Not to use any lighting, heating, cooking or other gas or electrical appliances of any kind within or in close proximity to the Materials without the prior written consent of Mood Event Decoration.