Standard Terms & Conditions for Supply of Services

Transcription

1 Standard Terms & Conditions for Supply of Services These terms and conditions apply to all supplies of the services by the Supplier and supersede any previous terms and conditions. No variation to these terms and conditions shall be binding unless expressly agreed in writing by the Supplier. The Client must sign and return these terms and conditions or confirm acceptance of these terms and conditions when a booking is confirmed on the Supplier s website. 1. Definitions and Interpretation 1.1 The following terms shall have the following meanings: Client means the school or organisation to whom the Supplier has agreed to provide specified service in accordance with these Conditions. Contract means the contract for the provision of the Specified Service as set out in the Specification and these Conditions. Specification means the information providing details of each activity sent to the Client with these terms and condition or shown in the Clients booking area on the Suppliers website. Specified Service means the service to be provided by the Supplier for the Client as set out in the Specification. Supplier means Education Group Ltd, Education Group Ltd T/A Snaps Mosaics or Zoons LLP, The Old Stables, 20 Bayes Street, Kettering NN16 8EH. 1.2 Headings contained in these terms and conditions are for reference purposes only and should not be incorporated into these terms and conditions and shall not be deemed to be any indication of the meaning of the clauses to which they relate in these terms and conditions: i) the singular includes the plural and vice versa; ii) iii) words importing any gender include any other gender; including, it shall not limit the general scope of that expression. 2. Provision of Services 2.1 The Supplier shall provide the Specified Service to the Client subject to these Conditions. 2.2 The Supplier may at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the service.

2 3 Fees and Charges 3.1 The Supplier shall be entitled to vary the agreed fees from time to time by giving not less than three months written notice to the Client. 3.2 All fees quoted to the Client for the provision of the service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time. 3.3 The Suppliers fees and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax and without any set-off or other deduction) within 30 days of the date of the Suppliers invoice. 3.4 If payment is not made on the due date, the Supplier shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 2% above the base rate from time to time of NatWest Bank plc form the due date until the outstanding amount is paid in full. An additional administration charge may be applied for any changes made to the Specified Service or for late payment. 4 Cancellation 4.1 Subject to any specific Condition relating to a Special Condition below the Client may cancel any Specified Service provided that such request for cancellation is received in writing from the individual who entered into the contract either by signing and returning these terms and conditions or by indicating their acceptance of them online. Such written cancellation to be received by the Supplier at least 7 days prior to the date the Specified Service was to be provided. 4.2 On any cancellation in accordance with clause 4.1 above the Client shall be liable for a cancellation fee of 40% of the total fee. 4.3 The Client shall be liable for a cancellation fee of 100% of the total fee if the Specified Services are cancelled less than 7 days before the date on which they were to be provided. 5 Warranties and Liabilities 5.1 The Supplier warrants to the Client that the Specified Service will be provided using reasonable care and skill. 5.2 Except in respect of personal injury caused by the Supplier s negligence, or as expressly provided in these conditions the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the service or their

3 use by the Client, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the amount of the Supplier s fee and charges for the provision of the service, except as expressly provided in these conditions. 5.3 The Supplier shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier s obligations in relation to the service, if the delay or failure was due to any cause beyond the Suppliers reasonable control. 6 General 6.1 The Supplier at its sole discretion may allow for the Client to change or postpone the Specified Service. Any request for such changes or postponements must be received in writing from the individual who entered into the contract either by signing and returning these terms and conditions or by indicating their acceptance of them online. 6.2 Any postponement agreed between the Supplier and the Client will incur a administration fee per workshop. 6.3 The Supplier may have provided sample materials for sales purposes and the Supplier reserves the right to change these materials or designs however such changes will not affect the quality of the Specified Service. 6.4 Any unused materials at the end of the Specified Service will remain the property of the Supplier and must be returned to the Supplier by the Client. 6.5 Material Safety Data Sheets are available on request. 6.6 These conditions including any Special Conditions below which are applicable to the Specified Service constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. 6.7 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected. 6.8 The Contract shall be governed by the laws of England, and the Client agrees to submit to the non-exclusive jurisdiction of the English courts.

4 Special Conditions The following Special Conditions apply to the following named Specified Services 7 Dance, Music, African Drumming and Percussion, Forensic Science, Follow the Flame ( the Workshop ) a) These Workshops are for a maximum of 30 children and a minimum of 12 children, the Supplier reserves the right to cancel the Workshop without reimbursement if these maximum and minimum numbers are not met by the Client. b) The Client shall return these Terms and Conditions or accept the on the website within 21 days of issue. Terms and conditions returned or accepted online outside this period will proceed only at the Supplier sole discretion. c) It is the responsibility of the Client to: i) Identify and provide an appropriate space for the Supplier to deliver the Workshop such space should be large enough to accommodate all the children taking part in the Workshop in one room; ii) Provide a suitable sound system for all dance related Workshops. iii) Provide chairs for African drumming and percussion Workshops. iv) Provide tables and chairs for Forensic Science Workshops wherever necessary. v) Return any details regarding topics and timings related to the Workshop. Failure to do so will result in default topics and timings being selected by the Supplier; vi) Ensure that there is at least one nominated representative of the Client in the session at all times during the delivery of the Workshop and until all the children and/or young people have left the Workshop; vii) Ensure any relevant first aid that is required for the Workshop is available; viii) Accept all responsibility and fulfil all legal requirements that may be relevant to a Workshop. 8 Snap Mosaics ( Snap Mosaics ) a) It is the responsibility of the Client to provide suitable digital photographs for the Supplier to create a photo mosaic. b) The Client must also provide: i) A suitable master photograph on which to base the overall photo mosaic ii) A minimum of 500 photos per photo mosaic. Each photo will be reused several times. iii) Photographs of a suitable resolution. In most cases only a low resolution is necessary due to each individual tile being on average less than 1cm in size. iv) All photographs on a memory stick. Images should be backed up before sending in case they are lost in the post. c) The Supplier will provide the Client with an unframed poster sized image of their finished Snap Mosaic as close as possible to A1 size which is determined by the master photograph as supplied by The Client within 28 days of receiving the memory stick; d) The Supplier agrees to return the Clients memory stick. e) The Clients agrees to obtain all relevant parental consent when taking and providing the Supplier with these photos g) It is expressly agreed that: The Client will own photographic rights to any individual photograph used to create the photo

5 mosaic. The Supplier will own the rights to the finished Snap Mosaic. h) It is agreed that the Supplier has the right to use a finished Snap Mosaic for its own promotional purposes. i) If a Snap Mosaic is booked at a discounted rate in conjunction with a Workshop or any other product or offer and the other product is subsequently cancelled by the Client, the discount price will no longer apply to the Snap Mosaic and the cost will return to the current full retail value. 9 Ceramic painting and Christmas Bauble workshops ( Ceramic Workshop ) a) Ceramic Workshops are bookable in multiples of 25 children with a minimum of 50 children and a maximum of 225 children per workshop booking day. Fees will be payable on the basis of the number of children over 50 who participate in the workshop rounded up to the nearest 25. b) The Client shall return these Terms and Conditions or accept the on the website within 21 days of issue. Terms and conditions returned or accepted online outside this period will proceed only at the Supplier sole discretion. c) The Client may cancel a Ceramic Workshop provided that such request for cancellation is received in writing from the individual who entered into the Contract either by signing and returning these terms and conditions or by indicating their acceptance of them online. Such written cancellation to be received by the Supplier at least 28 days prior to the date the service was to be provided. d) The Client shall be liable for a cancellation fee of 100% of the total fee if any Ceramic Workshops are cancelled less than 28 days before the date on which they were to be provided. e) The materials required for a Ceramic Workshop will be delivered to the Client prior to the Ceramic Workshop. The Client will be responsible for the materials including liability for loss or damage between delivery and provision of the Ceramic Workshop by the Supplier. f) All items produced at a Ceramic Workshop are for decorative use only and should not be used for any other purpose. g) The Supplier accepts no liability for damage to any item produced in the Ceramic Workshop nor any damage to any property belonging to the children or the Client. h) On completion of a Ceramic Workshop all items produced by the children will become the possessions of the Client who will then become entirely responsible for the items. i) If the Client sells the items the terms and conditions of such sale must specify that the items are for decorative purposes only. j) It is the responsibility of the Client to: i) Identify and provide an appropriate space for the Supplier to deliver the Ceramic Workshop such space should be large enough to accommodate all the children taking part in the Ceramic Workshop in one room and have access to water; ii) Return any details regarding numbers of children taking part in the Ceramic Workshop and the type of ceramic to be used. Failure to do so will result in default selections being made by the Supplier; iii) Ensure that all children have appropriate protective clothing iv) Ensure that there is at least one nominated representative of the Client in the session at all times during the delivery of the Ceramic Workshop and until all the children and/or young people have left the Ceramic Workshop; v) Ensure any relevant first aid that is required for the Ceramic Workshop is available; vi) Accept all responsibility and fulfil all legal requirements that may be relevant to the provision of a Ceramic Workshop.

6 10 Extended Service activities ( the Activities ) a) These Activities are for a maximum of 30 children and a minimum of 12 children, the Supplier reserves the right to cancel the Activities without reimbursement if these maximum and minimum numbers are not met by the Client. b) The Client shall return these Terms and Conditions or accept the on the website within 21 days of issue. Terms and conditions returned or accepted online outside this period will proceed only at the Supplier sole discretion. c) The Client must provide to the Supplier details of any children with special needs at least 14 days prior to the Activities start date. d) It is the responsibility of the Client to: i) Obtain parental consent for all children who attend the Activities and that emergency contact details are collected and kept up to date; ii) Identify and provide an appropriate space for the Supplier to deliver the Activities such space should be large enough to accommodate all the children taking part in the Ceramic Workshop in one room and have access to water; iii) Publicise the Activities; iv) Provide information about fire and emergency procedures; v) Complete an evaluation form when required by the Supplier; vi) Return any details regarding topics and timings related to the Activities. Failure to do so will result in default topics and timings being selected by the Supplier; vii) Ensure that there is at least one nominated representative of the Client onsite at all times during the delivery of the Activities and until all the children and/or young people have left the Activities; viii) Provide a representative of the Client who is responsible and available for contacting parents in the event of an emergency / accident / other situations where a child is required to go home; ix) Ensure any relevant first aid that is required for the Activities is available; x) Accept all responsibility and fulfil all legal requirements that may be relevant to the Activities.