TERMS AND CONDITIONS WHEREAS the Client(s) are desirous in booking DeNovo Events Management Company as the Evvents Management/Planner for their Wedding day or Eventand whereas the parties hereto are desirous in recording such agreement in writing; and NOW THEREFORE the parties agree as follows:
1.1 It is agreed that this contract is entered into between the Events Planner/Manager and the client(s) and it is further agreed that DeNovo Events Management or representative shall be the sole professional/ Manager of the day(s).
1.2 These terms constitute the whole agreement between the parties and the due performance of the contract is subject to the terms below. The terms as set out herein will take precedence over the other terms, conditions and/or stipulations contained in any of the client(s) documentation and any agreement and/or term purporting to vary or novate the terms of this agreement, or and consensual cancellation, shall not be valid unless reduced to written and signed by the Client(s) and DeNovo Events Management.
The following words or expressions shall carry the meanings assigned thereto:
2.1 “Contract” means these standard terms and conditions, together with any and all Annexures, which is to be read together as one contract and will be considered as one document, all of which will have the effect of a legal and binding agreement between the parties. Agreement shall be constructed accordingly.
2.2 “Package” means the Wedding/Event Package or amount as selected by the Client(s)
2.3 “Client(s)” means the undersigned person(s) herein below, their representatives, successors, assigns, agents and affiliates.
3.1 Upon acceptance and receipt of the quotation, the payment of a retainer fee of 50% of the total quoted fee becomes due and payable immediatley. (unless otherwise stated). This fee secures the date, time and services of DeNovo Events Managementand is not refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Client(s) due to cancellation.
3.2 The retainer fee cannot be exchanged for other services or products. Should the date for the Wedding/Date and DeNovo Events Management are not available to attend the new date, the Client(s) will forfeit their retainer fee.
3.3 The outstanding amount (50%) becomes due 4 weeks prior to the date of the Wedding/Eventor/on presentation of an invoice from DeNovo Events Management. Kindly note that all payments made, either by way of internet/electronic funds transfer, or cash, is to be free of commission and bank charges, failing which these charges are to be carried by the Client(s) and will be added to the final account rendered by DeNovo Events Management.
3.4 No date will be booked, Confirmed or secured unless the retainer fee, as is referred to above, has been paid in full.
4.1 The Client(s) may cancel this contract at anytime by giving written notice to DeNovo Events Management but in doing so shall forfeit their booking fee or any matierials paid for . In addition hereto, And save for the cancellation being due to death or hospitalisation of the Client(s), the following charged will be due and payable in case of cancellation, it being the agreed loss suffered by DeNovo Events Management due to such.
150 days prior to function: 20% of the outstanding balance
120 days prior to function: 40% of the outstanding balance
90 days prior to function: 60% of outstanding balance
60 days prior to function: 80% of outstanding balance
30 days prior to functiuon: 100% of outstanding balance
5.1 The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. In such an event DeNovo Events Management will not be liable to the Client(s) and/or any further person in respect of any loss and/or damage of whatsoever nature caused by, or arising from any of the following circumstances:
5.1.1 Force Majeure (Act of God) ie- Weather, as in rain, thunderstorms/Hurricanes/floods or lightening that has damaged anything.
5.1.2 The loss, damage, destruction or theft of any property or venue
5.1.3 Any act or circumstance, save for gross negligence by Both parties, causing the loss, damage destruction, theft and such other related events.
5.1.4 Loss or damage resulting from or related to the use of any equipment at the venue, including but not limited to furniture, cutlery, crockery, sound equipment and photgraphic equipment, technical failure thereof.
6.1 In the unlikely event that the allocated Events Coordinator from DeNovo Event Management is unable to attend teh Wedding/Event to any cause beyond the Coordinators control. DeNovo Events Management reserves the right to appoint another Coordinator/Planner to attend the Wedding/Event on their behalf to undertake all tasksfrom the function sheet for the Wedding/Event to his/her ability. If this situation should occur and a suitable replacement is not found, resposibility and liability of DeNovo Events Management is to return all of the payments received for the event package.
7.1 The Client(s) herby permit and allow DeNovo Events Management to display any images or videography covered by this contract to generally promote the business by means of advertising, publicity material, websites, exhibitions, competiotions, magazine articles or any other such media, providing that the images are used lawfully and with out damage to the Client(s)
7.2 It is specifically agreed that the Material may be used on Facebook, Twitter and/ or such other social media forums as desired, and that the Client(S) may be tagged, or otherwise identified, unless otherwise agreed in writing.
8.1 Sole rights: DeNovo Events Management shall be the sole professional Events Manager/Coordinator of the day at the Venue(s) specified
8.2 Overtime charged: All over time charged will be computed at a rate that is confirmed at consultation or otherwise agreed between DeNovo Events Management and the Client(s). This will be mentioned to the client before the overtime occurs. This is only for ‘On The Day Coordination’ and ‘Partial Package’ not for the ‘Full Package’ however the Events Coordinator/Manager does not need to stay longer than necessary.
8.3 Accomodation: Should the venue for the function be more than 2 hours drive from DeNovo Events Management office, suitable accomodation should be provided for the Events Coordinator/Manager and an assisstant (of applicable). These accomodation charges are excluded from the quote and are for the Client(s) account
9.1 The Client(s)agree and acknowledge that in the event of them breaching any condition contained in this document, the DeNovo Events Management shall without prejudice to any other remedies which DeNovo Events Management has in law, be entitled to summarily cancel this contract with the Client(s) without notice to the Client(s); or to claim specific performance of all of the Client(s) obligations whether or not the obligations would otherwise have fallen due to performance.
9.2 Furthermore, In the event of the Client(s) breaching any condition contained in this document , the Client(s) consents to the payment of all legal costs, including the payment of collection commission and tracing agent’s fees. Should DeNovo Events Management have to institute legal action against him/her, on scale as between attorney and Client(s).
10.1 The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not to be used in the interpretation of nor modify nor amplify the terms of this Agreement nor clause hereof.
11.1 All Event package quotations are valid for 14 (fourteen) days only and the services wil be reserved subject to payment of the deposit as stated in clause 2 above.
12.1 The Client(s) hereby accpets the quotation from DeNovo Events Management to render and supply all services and materials as agreed upon these terms and conditions as stated herein. The Client(s) by signing this contract acknowlegdes that they have read and understood the terms and conditions and agrees to all of the above and is further familiar with all details of the selected package(s)