Terms and conditions
Date of issue: 01/09/11
This issue supersedes all previous terms and conditions
Definitions and Law
In These terms and conditions the following words shall have the following meanings:
"The customer” and “The Hirer" The person, company, department or other body who has ordered and/or accepted equipment or services from iDJS Entertainment
"The Equipment / Goods" All items of equipment and or services accepted by the hirer along with any other items and or services included or implied whether specified or not.
"Sound Crew / Engineers" Personnel supplied by or on behalf of idjs.com.au as part of the hire service to install, maintain and dismantle the equipment.
"Owner” and “The Company" Shall mean idjs.com.au or any part thereof.
“Conditions / Terms” shall mean these terms and conditions.
“Contract” and “Hire contract” shall mean the contract between idjs.com.au and the customer for the hire of goods and/or services to the customer, comprising of these terms and conditions, special conditions and any other documentation referred to in the company quotation.
“The Agreement” - Means the agreement between the Company and the Hirer for the Hire of the Equipment
The Agreement is subject to these conditions which supersede all previous communications, representations, and agreements whether written or oral and no additions or alterations to these conditions shall be binding on the Company unless agreed in writing and signed by a duly authorised officer or employee or agent of the Company. Any terms and conditions proposed by the Hirer shall only apply if the same have been agreed by or on behalf of the Company in accordance with the provisions of this paragraph and in the case of any conflict between such terms and conditions and these Conditions the latter shall prevail.
Mobile DJ Hire.
1. Paying the deposit for your event or function is a 100% binding guarantee of contract. iDJS must receive the Booking Form and $100 deposit (or full payment) within 7 days of making a tentative boothing, otherwise your booking will be cancelled.
2. Once you agree to the Non-Refundable Deposit, you are bound by it, even if you change your mind afterward, regarding the use of the service.
3. Non payment of a deposit could allow us to change our work schedule without prior notice.
4. The hirer is responsible for any damage to our equipment or vehicles caused by any person during your event. You will be charged for the full cost of any repairs and expenses incurred during the repair period. You will be advised of any damage as soon as it is caused and notified of the repair cost as soon as possible.
5. We do not tolerate violent, aggresive or abusive behaviour from anyone under any circumstances. We also reserve the right to terminate our services at any time that we feel our personal safety is under threat. We do not take responsibility for ejecting any unwanted persons from any venue. You will be advised of any problem that we may have in this respect with any of your guests.
6. We need a minimum of one hour to enter a venue and set up prior to the start time and also a similar time allowance at the end of the night to pack away. This time can be reduced if access is good and we are familiar with the venue.
7. If you are booking other entertainment (e.g singer, comedian, band etc) as well as hiring ourselves, please consider the amount of space available and where you are going to put the disco. Speaker location is usually best if it is no greater than 10 metres either side from the position of the presenter.
8. We reserve the right to refuse to continue any event prior to the start should there be insufficient floor space which would not allow the audio and lighting equiptment to be assembled safely.
9. We reserve the right to substitute alternative entertainment should uncontrollable circumstances dictate the need to do so.
Equipment Hire terms.
1. Quotations, orders and order confirmations
1.1 Quotations issued by the company are valid and open for acceptance within 7 days from the date of issue unless otherwise stated in the quotation.
1.2 Any order or instruction required to be given to the Company by the Hirer shall be given by him in writing. If given orally it shall be confirmed in writing to the Company within three days and shall only bind the company when confirmed by the company in writing. The Company shall not be liable for the consequences of any inaccuracies or misunderstandings resulting from any order or instructions by the Hirer not received by the Company in writing or so confirmed.
2.1 Hire charges commence from the date stated on the hire contract and are payable for the period of hire
2.2 All cables must be returned coiled and either tape or cable tied in the same clean condition in which they were received. Failing which a default charge of $1.00 exc. vat per cable will be made to the customer for the re-coiling of each cable.
2.3 Any and all soiled equipment not returned in the same condition as that in which they were received will incur a charge of £10 per item to the customer for cleaning. The term ‘soiled’ includes (but is not limited to) any spillage or drink marks on speakers caused by third parties.
2.4 All charges are payable on demand.
3. Hire period:
3.1 The hiring period commences at 12:00hrs on the first date of the hire period unless otherwise specified in the order confirmation and hire contract.
3.2 The hire period terminates at 12:00hrs on the last date of the hire period unless otherwise specified in the order confirmation and hire contract.
3.3 Equipment must be returned by midday on the date specified in the hire contract, unless specified in writing by the company, in a clean and fully working condition.
3.4 Equipment that is not returned by the time specified by the company shall be charged at the full daily hire rate together with any consequential loss in the event of the breach of these conditions or the equipment not being available for use by the company or other customers.
3.5 All equipment remains the sole property of the company for the duration of the hire period and must be surrendered to representative from the company upon request.
4. Permission to enter a hire contract:
4.1 The hirer must be over 18 to make a booking.
4.2 The signatory to the hire contract warrants that they are duly authorised on the customers behalf to enter into the contract and hereby personally indemnifies the company against all loses and costs that may be incurred by the company if this is not the case.
4.3 Equipment must be returned by midday on the date specified in the hire contract, unless specified in writing by the company, in a clean and fully working condition.
4.4 Equipment that is not returned by the time specified by the company shall be charged at the full daily hire rate together with any consequential loss in the event of the breach of these conditions or the equipment not being available for use by the company or other customers.
4.5 The customer will be required to show one form of pictorial ID. The company will only accept a valid driving license or valid passport.
4.6 The customer must provide a valid invoicing address along with proof of address (a recent utility bill) to confirm the address if requested by the company.
5.1 When a booking is confirmed you may be required to pay a non-refundable booking deposit up to 30% to retain the booked date(s), payment for the deposit can be by cash or cheque but must be made within 7 days to retain the booked date. When we have confirmed the booking with you in writing you are legally obliged to fulfil the contract and full payment will be required, cancellation must be made 21 days prior to the agreed hire date , if you decide to cancel with less than 21 days until the agreed hire date then refund or cancellation is at our discretion
5.2 All hire fees must be paid in full before the hire date or upon delivery/collection unless otherwise specified in writing by the company. No equipment will be unpacked or rigged without receiving full payment.
5.3 The individual who confirms the booking is solely responsible for ensuring the company receives full payment. Any late payment charges accrued will be charged to this individual. Where this individual is acting on behalf of a company it is the sole responsibility of this individual to ensure that full payment is made. It is not the responsibility of audiorent to chase third parties for payment.
6. Late Payment:
6.1 Where any discounts are offered or negotiated, any entitlement to discount will be forfeited if accounts are not paid by the due date. Furthermore, any accounts not paid by the due date will have an interest charge applied each day until payment is received in full. (The rate of interest is currently 5% of the original hire charge).
6.2 The company reserve the right to pass any overdue payments on to a debt recovery service.
7. Damage deposits:
7.1 A damage deposit must be paid to the company prior to or upon collection or delivery of the equipment. The standard deposit rate is £200 but the company reserve the right to increase the deposit amount depending on the equipment hired.
7.2 The company reserve the right to withhold the deposit for up to 21 days after collection or return of the equipment to ensure it can be fully tested and inspected and is in full working order and in good condition. Any repairs or replacements or cleaning charges will be taken from this deposit. Where the repair, replacement or cleaning costs exceed the security deposit amount the additional costs shall be met by the customer.
7.3 In instances where a cheque has been used for a damage deposit and a damage charge needs to be made the company reserve the right to bank the cheque and pay the customer the difference between the cheque amount and the damage charge.
7.4 In instances where a damage deposit cheque bounces or is cancelled the customer agrees to pay any damage or cleaning fees in full by other means.
7.5 The company reserve the right to pass any overdue damage payments onto a debt recovery service.
7.6 The company reserve the right to charge the customer for any loss of earnings due to damaged equipment being unavailable for hire. This includes, but is not limited to, charging for the hire of replacement equipment from 3rd party hire companies.
7.7 Any and all damaged goods at all times shall remain the sole property of the company irrespective of any replacement equipment bought to replace damaged goods beyond repair
8. Customer’s responsibility:
8.1 The customer’s responsibility for the equipment commences on receipt of the equipment by the customer or his/her agent or upon delivery and ends once the equipment has been returned to the company and found to be undamaged, clean, full working order.
8.2 The signatory to the hire contract and the customer jointly undertake the company that everyone who uses the equipment has been properly instructed in its safe and proper operation and will ensure that every user is in the possession of necessary instruction material and further will not allow the equipment to be misused in any way.
8.3 The customer during the continuance will not sell or offer for sale, assign, mortgage, pledge, underlet, lend or otherwise deal with the equipment or any parts thereof in a manner prejudicial to the companies rights, but will keep the equipment in its possession and will not remove the same or any part or parts thereof from the place where the equipment is for the time being without the previous consent of the company and will duly and punctually pay all rents, rates, taxes, charges and impositions payable in respect thereof on demand and will protect the same against distress, execution or seizure and indemnify the company against all losses, costs, charges, damages and expenses incurred by it by reason or in respect thereof.
8.4 It is the customer’s responsibility to ensure that sufficient crowd control and security measures are taken to prevent damage to equipment, the customer will be liable for any damage caused to equipment by any band member(s) or general public.
8.5 In the event of any loss, theft or damage the Hirer must notify the Company as soon as possible within a period of 24 hours.
8.6 In the case of theft the Police must be informed at the first opportunity.
9. Health and safety:
9.1 The customer shall at no time under any circumstances attempt to repair any part of equipment.
9.2 The customer is at all times responsible for ensuring that the power supply to which an item of equipment is connected is suitable for that equipment and further more ensure that the equipment shall at all times be properly earthed.
9.3 It is the hirer's responsibility to ensure provision of a safe (240 volt AC, 13 amp) supply.
9.4 Where portable generators are used, these must be regulated and adequately grounded. Please contact us if you are unsure about what power will be required. WE CANNOT AND WILL NOT USE AN UNSAFE SOCKET OR POWER SUPPLY.
9.5 Equipment damaged or destroyed due to unsafe electrical equipment at the performance site shall be repaired or replaced at the expense of the hirer.
9.6 The company will not accept liability for any equipment directly or in-directly connected to ours that has not been PAT tested and complies with electrical safety regulations.
9.7 The company reserve the right not to connect third party equipment to ours if we deem it to be unsafe.
9.8 If upon arrival at the site/venue our engineers are unhappy with any aspect of the venue or it is deemed to be unsafe then we reserve the right not to supply equipment. The company reserve the right to charge the full hire rate.
9.9 It is the responsibility of the hirer to ensure there is adequate and safe access to a performance site. Our engineers will not put their personal health or the equipment in jeopardy trying to manoeuvre around obstacles (including stairs where the engineer believes they may cause injury). We reserve the right not to deliver equipment where we believe access to be unsafe; in such cases the company reserve the right to charge the full hire price. It is the responsibility of the hirer to inform us beforehand of any access issues and where possible take appropriate measures to reduce risk to our engineers and equipment.
9.10 The company are not responsible for security at the site/venue; it is the customers responsibility to ensure adequate security is provided.
9.11 High Sound Pressure levels can cause permanent hearing damage. Repeated exposure can have a cumulative effect. Equipment provided by the company can and does produce high enough sound pressure levels to cause hearing damage. The company cannot accept liability for any individual's failure to stay at an appropriate distance from loudspeakers or failure to take any necessary steps to protect their own hearing. It is the responsibility of the customer to ensure the safety, with regards to hearing, of the general public. Where appropriate the customer may wish to ensure that warning notices are displayed, hearing protection is issued, or safety barriers are erected.
10. Equipment set up, maintenance and reporting:
10.1 The customer shall ensure that the equipment remains serviceable and clean during the hire period.
10.2 All items are dispatched tested and in full working order. Any breakdown or unsatisfactory working of equipment shall be immediately notified to the company.
10.3 Unless otherwise agreed in writing it is understood that the customer be present at the agreed delivery time and venue to ensure access can be guaranteed and to instruct on the correct place for the equipment to be set up.
10.4 If the customer or signatory is not present at the venue at the agreed delivery time the company engineers will only remain at the venue for the duration of the equipment set up period. 10.5 If the customer does not liaise with the engineer at the agreed time the company cannot be held responsible for the customer being unable to operate the equipment having had not received an equipment operation briefing.
10.6 If the customer is not present at the point of delivery the company reserve the right not to provide equipment and charge the full hire rate.
10.7 The company cannot be held responsible for incorrect operation of the equipment if all the channels provided for instruction (briefing on delivery, operation guideline sheets, telephone helpline) are not utilised.
10.8 Where an engineer is not present at an event (dry hire) the company will only provide telephone support. It is at the company’s discression whether or not to attend a dry hire event to assist with any problems. The company reserve the right to charge for engineering time and travelling expenses for attending dry hire events. The company cannot accept liability for any direct or consequential losses arising from any problems at dry hire events.
11.1 The customer agrees to pay the company the full retail cost of any equipment lost, stolen or damaged beyond economic repair.
11.2 The customer shall insure all goods against the above liability.
11.3 All monies received by the customer from any insurance company or third party in settlement of any claim shall be held in trust by the customer and paid to the company on demand to the extent that any such payment is due under this clause.
12. Force Majeure:
12.1 We will not be liable for any failure to supply a product or service where that failure is wholly caused by an event we could not reasonably foresee, forestall or prevent. This may include (but is not limited to) acts of war, terrorism, or natural disasters