These terms and conditions apply to the contract for specific events or services listed within associated quotes, production schedules and visuals.
The following definitions relate to words used throughout this document:
“Service Provider” refers to PYTCH Agency Ltd, registered in the UK 13049234
“Client” refers to the individual, organisation or entity contracting the services provided by Service Provider.
“Event” refers to both the occasion for which services are to be provided for, as well as associated time for related activities including but not limited to design time, pre-production work, meetings required etc
“Cancellation” refers to any instances where Client no longer wishes to proceed with the event and/or utilize the services to be provided by service provider or where substantial changes are made to the dates of the event (generally where the event date changes by more than two days).
- Service Provider agrees to perform the services stated in this agreement at the compensation stated, in a professional manner on the date and time specified.
- In the event of equipment or other resources being unavailable, Service Provider reserves the right to substitute stated equipment or other resources with ones which perform to a similar or better standard.
- Client is aware that technical crew and/or assistant(s) may be required to attend event to assist with set up, monitoring, and dismantling of equipment.
- Service Provider may take photographs and videos at, before and during events to be used for internal training, and external marketing, purposes. Client must advise Services Provider if this is not acceptable and whether there are restrictions on the use of footage captured.
- Service Provider shall render services for the times stated overleaf. Any arrangements made for a given event shall not be deemed as a precedent on future arrangements Payment and Fees.
- The “non-refundable booking fee” must be received within five working days of Client receiving contract.
- Any booking will not be regarded as secure until the booking fee (cleared funds) have been received at our offices and within the specified time period.
- “Payment” has only occurred when Service Provider has received such monies as cleared funds in the Service Provider’s bank account. Any other documentary proof of payment shall not be deemed to be receipt of payment including, but not limited to, remittance advice, transfer certificates, intent of payment, receipt of cheque(s) or copies of bank statements.
- Service Provider will notify you to confirm whether or not your booking has been successful if these items are received after this time period.
- “Deposit” and “Initial Payment” are terms also used to refer to the non-refundable booking fee.
- The “non-refundable booking fee” will not be refunded under any circumstances except those where Service Provider is unable to render services due to its own limitations. “Non refundable booking-fees” will also not be refunded where event services are not rendered due to non-payment of fees.
- “Event Date” and any other reference to specific dates used in the context of payment deadlines and any other deadlines (including, but not limited to, content deadlines, graphics deadlines and visual approvals) shall always refer to commencement of any physical (IE work that involves preparations, movement, modification, or manufacture of tangible items) work which takes place onsite.
- Payment of balance for services rendered shall be made as per instructions on main contract.
- For bookings made with less than 10 days notice of the event, the five working day rule will not apply. In such circumstances Client must make payments and return booking forms within the time period outlined by Service Provider. This will usually be in writing and can be supplied on request.
- Breach of payment terms shall result in the removal of all and any discounts or cost reductions relating to the booking, irrespective of precedence or origin of such discounts or cost reductions. Discounts and Cost reductions include, but are not limited to, settlement discounts, early booking discounts, block booking discounts, items provided free of charge, trade discounts, repeat client discounts, reconciliation discounts and multi-date booking discounts
- Breach of any agreed payment terms shall result in re-stating payment terms for all and any future payments that are reasonable and proportionate to the breach which has taken place.
- Any adverse change in client’s credit rating, credit worthiness, or cause for Service Provider to justifiably believe that Client’s credit worthiness have changed shall result in re-stating of payment terms for project.
- For all projects where amounts are to be paid before the event date, the payment must be received as clear funds prior to dispatch of goods. Should the agreed pre-payment date be later than the dispatch date, the dispatch date will form the due date for payment.
- Service Provider reserves the right to not render services if payment is not made under the terms specified in the contract document.
- In the case of payment terms being breached and Service Provider not rendering services, the project will be deemed as a cancellation and all relevant cancellation terms in these terms will apply including, but not limited to, paying staged cancellation fees.
- Payments can be made as follows: Cheques are payable to “PYTCH Agency Ltd” and must be posted 20 working days prior to due date. Cash may be received on day of payment due. BACS/CHAPS: to
Account Name: PYTCH Agency Ltd
Account Number: 14976909
Sort Code: 04-06-05
- Late Payment: Compensation and interest will be claimed on late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 supplemented to incorporate European Directive 2000/35/EC.
- Client agrees to pay all and any debt collection costs in relation to recovering payment for outstanding monies owed.
- In the event of cancellation of event, or individual elements of the booking, client is liable to pay; the full-amount if cancelled up to two weeks prior to date of event or a minimum 50% of total fee if cancelled after entering into an agreement (either signing a contract or making a payment relating to the contract), but more than two weeks prior to event.
- Where cancellation occurs with more than two week’s notice, but where Service Provider can show financial outlays greater than 50% associated with the event, Client agrees to compensate Service Provider fully for any such outlays.
26, When payment terms are defined in number of days (rather than working days) bank holidays shall push the payment due day back to an earlier day.
- Client agrees to maintain adequate security during event and all the time while Service Providers equipment, staff or other resources are onsite.
- i) Service Provider shall not be held responsible for any damages as a result of client’s failure to provide adequate security.
- ii) Client is liable to compensate for any damages caused to service provider’s equipment, staff or any other resources as a result of failure to provide adequate security.
- Rendering of service is dependent upon Service Provider being supplied with all items specified under “requirements” in the contract and having full access to the venue prior to, during and after event.
- It is the client’s responsibility to ensure that all their practical, technical, production and logistical expectations are outlined in the booking forms provided including Invoice, Contract and Job Sheet. Only items outlined in these documents will be provided on events and no agreements verbally, written, assumed, or otherwise guarantee delivery of these items.
- Where access-times are specified overleaf, Client must ensure that these are possible. If access is not given at these times, Service Provider will not be held liable or responsible if services contracted are not provided and Client may be liable for additional costs.
- Client is responsible for any venue or other charges including, but not limited to, power rental fees, venue changes, supplier variations etc.
- In cases where a late booking is made service provider will not be responsible for custom, or complex items, not being delivered in agreed time frames or at all. A late booking is defined as a booking that is confirmed less than ten working days prior to the event date, or less than ten working days prior to the planned start of pre-production works.
AMENDMENTS AND VARIATIONS TO SERVICES
33.Client may request additional services from Service Provider that are not listed overleaf. In such cases, Client must be prepared to sign additional order forms authorising these services. Additions made, whether verbal or written, shall be contractually binding and are covered by our standard terms and conditions. All payment must be made within ten working days after the event.
- The contract is for the provision of the services outlined in the contract and includes the administrative costs of providing contracts, quotes and copies of insurance documentation on one occasion. Additional charges may be levied by service provider for additional consultancy or administrative costs that extend beyond these obligations and includes, but is not limited to, additional site visits, provision of duplicate documents, liaison with other service providers, liaison with venue, liaison with local authorities, compilation of media and all direct and third-party costs associated with variations on the main order.
- Client is not entitled to any refunds for any services which are booked under this agreement but which are not in fact utilised on the event.
SERVICE PROVIDER RESPONSIBILITIES
- Service Provider is not responsible for any damage caused to third party equipment that is attached to power supplies, put on stages or in any other way interacts with Service Provider’s equipment, staff or designs.
- Client agrees to ensure an adequate parking space is reserved for Service Provider’s vehicle within close proximity, and with firm-ground access to set-up area and all payment for parking charges made. Parking or driving on grass, dirt, mud, lawn or any other soft surface is not possible without prior written agreement. Client shall be liable for any damages or fines incurred as a result of failure to do this. Service Provider will not be held accountable for the late delivery of services where such parking provisions have not been made. Any comments relating to vehicle access on the main contract or booking form shall take precedence over this clause.
38.Service Provider reserves the right to refuse to attach to a given power supply/supplies in the event of Service Provider deeming it/them unsafe or potentially harmful to persons or equipment. In this event, Service Provider shall give Client as much notice as reasonably practical, and shall not be held liable or responsible for any loss as a result.
- Service Provider will require access to agreed electrical supply from the start of the designated setup time until such time that all equipment has left site. This includes a requirement for all power to be left on 24 hours a day, including overnight and at all other times. This term applies to all situations irregardless of whether the power is being supplied by a generator, mains power, or otherwise. If Client is unable to provide full power access throughout this must be highlighted prior to a booking being made.
- Service Provider shall not be liable for power failure(s) at the event, irrespective of cause, fault, and accountability or otherwise. Where Service Provider is providing complete power distribution services they will take every reasonable action to ensure swift re-commissioning of power, but cannot offer any guarantees.Where Service Provider is providing generators, Service Provider cannot accept responsibility for generator failure.
- Service Provider shall make available safety, risk assessment and insurance documents upon request from client. It is the client’s responsibility to ensure that all third-party documentation and adherence requirements are fulfilled. This includes, but is not limited to, liaising with venues, local authorities, safety officers/supervisors etc. Service Provider will not be held liable for any damages or costs as a result of client’s failure to do this.
LIMITATION OF LIABILITY
- In case of emergency or Acts of God the Service Provider shall not be liable for damages greater than the fee stated herein.
- In case of illness or other reason resulting in Service Provider being unable to service event, Service Provider reserves the right to provide alternative means of providing aforementioned services. If this provision is not possible, Service provider shall not be held liable for loss or damage, actual or perceived, but will refund any monies received for services not rendered.
- Service Provider may, on occasion, give advice, guidance and direction to clients on how to best organise and run their event(s). This guidance is not offered as indemnified advice, and Service Provider will not be held responsible for any adverse outcomes, liabilities, or losses relating to such advice, be it written, spoken or implied. Service Provider is not a consultancy provider, nor is Service Provider insured for such advice. Client is responsible for ensuring that their event meets all statutory, local authority, venue, site and any other relevant bodies’ requirements.
- In some instances Service Provider will provide Computer Assisted Designs and other visual aids to client. These are intended to be used as visual aids only and, unless otherwise stated in writing, are not to be relied upon for accuracy by Client or any third parties. No liability is undertaken by Service Provider should the visual aids be relied upon to the detriment of Client or other third parties.
- In the unlikely event of service provider being unable to deliver on an aspect of an event, Server Provider may decide to refund to a maximum of the total cost of that aspect of the event, as outlined in itemized pricing on final quotation. In all cases, refunds will not extend beyond the value of the services to which they relate.
- Service provider accepts no responsibility for the aesthetics, functionality, or otherwise of equipment or services installed after the agreed setup time, except in cases where it is explicitly agreed otherwise. This includes, but is not limited to, setting on technical equipment, third-party repositioning of equipment, cleanliness of equipment or otherwise.
- Should Service Provider fail to deliver on an aspect, or aspects, of an event, for any reason, Service Provider shall not be held responsible for any damages, perceived or actual, beyond the value of the fees for said relevant services. This includes, but is not limited to, ticket sales, reallocation costs, loss of media content, third-party refunds or otherwise.
- In all cases Service Provider is responsible only for the provision of the equipment and/or services outlined on the contract. Under no circumstances is Service Provider responsible for third party, client’s own, subcontracted or any other services, equipment, or other resources on an event.
- Client is obliged to inform service provider in writing of any aspect of the service delivery that they are not 100% satisfied with as soon as any issues arise. Should the client not raise any such concerns within 10 days of the event, Service Provider shall not be liable for any compensation for said services.
- Correspondence relating to disputes or complaints must be as detailed and as full as reasonably practical so as to allow a full and thorough investigation and response. In some incidences photographic evidence may be required.
- In cases where Service Provider is providing event licenses, assistance with licenses, or consultancy on obtaining licenses, Service Provider will not be held liable for failure of license applications, delays in obtaining licenses or any other damages as a result of license related limitations, damages, delays or otherwise.
- PYTCH will not be held responsible for any cabling or equipment accessories left onsite by client, other providers, or third parties. In such cases where our team do accidentally pick up items that are not ours we will take reasonable measures to arrange for them to be returned to the rightful owners at a cost to the client. We urge all contractors, clients and third parties to take direct responsibility for their equipment and to ensure it is not left onsite.
- Service Provider has a responsibility and duty of care to ensure all structures are safe for guests, performers, clients and third parties. In situations where adverse weather or some other change occurs, Service Provider may decide to remove elements of the structure to ensure its integrity. In such cases Service Provider shall not be liable for losses, costs or otherwise incurred to client or any third party.
- This contract constitutes the complete and binding agreement between Client and Service Provider. All and any clauses, details and terms on this contract shall take precedence and dominance over all and any other communication including, but not limited to, Client Purchase Orders, Client Terms and Conditions, and Venue Terms. Any amendments to this contract must be done as a formal written variation. It remains the Client’s responsibility to obtain a copy of such variations.
- “International Projects” are defined as contracts where part or all of the service delivery takes place outside the United Kingdom
- In booking the services of Service Provider, Client shall be aware that international projects come with some inherent risks due to the unpredictable nature of transport links, customs and other variable factors.
- Service Provider shall not be held liable for any delays to service, in part or in full, due to logistical issues with matters including, but not limited to, customs, import taxes, delayed deliveries, failure or third-party logistics providers, weather or otherwise
- In all cases, except where explicity stated otherwise, Client will pay any taxes, duties or other fees that are payable in relation to the import of equipment or other items
DAMAGE TO SERVICE PROVIDER’S EQUIPMENT
- Service Provider accepts that reasonable wear and tear will be inflicted upon Service Provider’s equipment. This is deemed to be damage caused from normal use and handling by competent people.
- Any damage caused maliciously, through vandalism or caused by any third party with intent to cause damage is not regarded as normal wear and tear. In such cases Client will be liable to pay costs or repair or replacement as neccessary to get Service Provider’s equipment back into a condition that is acceptable for future use. This may include, but is not limited to, repairs, cleaning, component replacement, or complete replacement of the item.
- Any damage caused by parties other than Service Provider’s own staff through mis-use, careless use, or use that damages the equipment that would not happen if used properly is not regarded as normal wear and tear. This includes, but is not limited to, physical damage, technical damage (including electronic setup, calibration and/or coding) power supply damage through faulty or incorrectly used power, powering up/down of equipment either incorrectly or by any unauthorised persons, Terms relating to this:
- In such cases Client will be liable to pay costs or repair or replacement as neccessary to get Service Provider’s equipment back into a condition that is acceptable for future use. This may include, but is not limited to, repairs, cleaning, component replacement, or complete replacement of the item.
- in cases where the equipment onsite ceases to work Service Provider will endevour to repair or replace the equipment within a reasonably practical time frame
iii. Additional hire costs, labour costs, delivery costs or otherwise shall be met by Client.
- Any damage caused due to the introduction of materials into the event space including but not limited to chemicals, mud, organic matter or otherwise is not regarded as wear and tear. In such cases Client will be liable to pay costs or repair or replacement as neccessary to get Service Provider’s equipment back into a condition that is acceptable for future use. This may include, but is not limited to, repairs, cleaning, component replacement, or complete replacement of the item.
- Any damage caused to Service Provider’s equipment that is attributable to power faults shall be the responsibility of Client. In such case of damage Client shall cover any repair, replacement, labour or transport costs associated with getting the equipment back to its prior condition. Faulty power can be defined as power that is incorrectly wired, intermittent, turned off without warning, has voltage fluctuations, or has an inconsistent frequency.
CREDIT NOTES AND REFUNDS
- A “Credit Note” is defined as a promissory note for a prescribed value to be used against future services from service provider. A “Refund” is defined as a payment made back to a client via bank transfer
- In cases where a client has paid for services that are no longer required, or payment is made in excess of the contract value and where service provider agrees, credit notes may be provided and refunds will not be provided.
- In cases where a payment has been made for services that were failed to be delivered, and a refund is applicable (within Terms above), a refund will be given
- Credit Notes are only valid for a one-year period from the date when the credit note was offered, unless specified otherwise. It is the client’s responsibility to ensure that they use the credit note within this period. Service Provider will not remind Clients of credit notes or the expiration dates of credit notes. The credit note period shall not be extended unless explicity agreed in writing and within the time period that the credit note is valid.
- The delivery of services against credit notes require the services to be requested at least three months in advance and are subject to Service Provider’s availability. Service provider shall not be liable to costs associated with services not being available on the requested dates.
SALE OF GOODS
- In cases where service provider provides tangible goods on a sale basis the following will apply:
- Ownership of goods remains that of Service Provider until full and final payment has been made against the goods, transport services, installation services and any other services associated with the provision of said goods
- If payments for goods (or services associated with the sale of goods) is late Service Provider reserves the right to collect goods with Client being liable for any labour, transport or other costs associated with this.
- If goods are returned to service provider after they were supplied on a sale basis, a 10% restocking fee will apply for all itmes.
- In the event of Client failing to make payment in the manner and time-frame specified against purchase of goods, the use of said goods will be deemed to be on a hire basis. In such cases Service Provider’s list rental fees will apply for the entire duration of the period that the goods have been used for.
- On occasion “Rolling Contracts” may be offered to clients. These contracts typically involve a commitment for Client to continue to use Service Provider’s services for a fixed period of time. The terms relating to this are as follows:
- Service Provider and Client alike must adhere to all other terms within this document;
- Should Client not wish to proceed with the relationship in the future the forfeit shall be that all discounts extended, irrespective of origin or terms of the discounts, be reimbursed to Service Provider as a payment.
QUOTE VALIDITY AND “LIVE PRICING”
- ALl quotes provided by PYTCH shall be valid for a period of 30 days from the “Quote Date” shown for “list” items including equipment, staffing costs, UK transport and UK accomodation
- “Live Pricing” is provided for certain items that are provided on a markup basis. These items are flights, non-UK accomodation and all third-party costs associated with non-UK work, ferry crossings (UK and non-UK work). In these cases pricing provided will be valid at the time and date of the quote provided and gauranteed for a period of two hours forward of this time.
- Should the cost of “Live Prices” increase client will only be notified at point of reissue of invoice. The responsibility to check updated live pricing is with Client.
DISCLOSURE AND CONFIDENTIALITY
- The staff of PYTCH will, on occasion take photographs of equipment, venues, the show and other happenings onsite. If this is a problem for the client they must notify PYTCH in advance and PYTCH will not take photos, videos or otherwise.
- Pytch will, on occasion, publish press-releases, case studies and industry updates on the work being done. If this is a problem for the client they must notify PYTCH in advance and PYTCH will not take photos, videos or otherwise.