Terms & Conditions
1. Definitions and Interpretation
In these Terms and Conditions (“Terms”), the following words and phrases shall have the following meanings:
“Agreement” means the agreement between Us and You which shall be deemed to be legally binding upon acceptance by You of Our Proposal to provide You with the Service(s), under these Terms.
“Proposal” means a document prepared by Us outlining the Services We intend to supply to You, based on Your requirements identified to Us. On Your written acceptance of the Proposal, this will become the Agreement between Us and You, incorporating these Terms.
“Event” means any event, including but not limited to a wedding, that You wish Us to support You with Our Services.
“Materials” means any documentation, information or intellectual property supplied by Us to You as part of any Proposal or the provision of any Services.
“Services” means the provision of Event planning services by Us, including but not limited to Our research, supplier sourcing, personal assistance, on the day management, and any other bespoke service agreed between Us and You and detailed in the Proposal to be prepared by Us.
“Suppliers” means suppliers other than Us that You, or Us acting on Your behalf, may consider or may enter in to separate agreements with to provide other products or services not provided by Us.
“Us”, “We” and “Our” means Onyx Weddings and Events Ltd, registered in England and Wales (Company No. 11351416) at 1st Floor, 264 Manchester Road, Warrington, Cheshire, United Kingdom, WA1 3RB.
“You” and “Your” means the person(s) who signs the Proposal and/or receives the Service(s) from Us, or any authorised person(s) to act on Your behalf.
2. The Agreement
The Agreement shall be on these Terms, incorporating the terms of any Proposal, to the exclusion of all other terms and conditions. If any conflict arises between these Terms and the terms of the Proposal, the terms of the Proposal shall prevail.
The Agreement will commence when You sign and return the Proposal to Us and shall terminate upon delivery of the Services or as otherwise detailed in accordance with these Terms.
3. The Services
We will provide the Services to You, on dates and at locations as are more specifically defined and confirmed within the Proposal.
Unless otherwise stipulated in the Proposal, and agreed in writing by Us, You will be responsible for entering into contracts with Suppliers directly.
Any additional work undertaken by Us at Your request, including without limit, additional meetings and/or site visits, or as a result of delays outside Our reasonable control will be separately chargeable at Our prevailing standard hourly rate plus any travel & subsistence expenses incurred.
You are responsible for:
- Ensuring Your instructions to Us are clear.
- Notifying Us of any special requirements or considerations You or Your guests may have.
- Ensuring the health, safety and welfare of any persons delivering the Services to You, where such persons are present at Your venues, sites or other such locations necessary to provide the Services.
- Being on time to any planned meetings or events with Us.
- Making any payments due to Us on-time.
- Owning and managing Your budget.
- Entering into contracts with Suppliers and ensuring You have read and understood them.
- Executing appropriate policies of insurance, where relevant, to cover Your liabilities under this contract or otherwise.
- Notifying Us of any changes to Your requirements or plans with reasonable notice.
We are responsible for:
- Delivering the Services with all reasonable skill and care, and in full compliance with relevant established current professional standards.
- Ensuring the health, safety and welfare of You and Your representatives if visiting our premises.
- Being on time to any planned meetings or events with You.
- Holding appropriate policies of insurance for the Services.
For the avoidance of doubt, it remains Your sole responsibility to ensure You follow all instructions and complete Your responsibilities when required. We will not be held responsible for any Event that has to be cancelled when the fault is with You or otherwise beyond Our control.
We cannot be held liable in the unlikely event of any third party supplies or Suppliers not arriving or supplying their products and/or services arranged by You which are not provided by Us. It is also Your responsibility to ensure that all monies are paid promptly and correctly to all Your Suppliers.
Although We take reasonable care to source and suggest Suppliers, We cannot be held liable for any loss or damage whatsoever which You may suffer as a result of Your decision to select or enter in to an agreement with, or supply personal information to, any third party. We are not responsible for and make no warranties or representations regarding the goods or services provided by any third party, nor do We specifically endorse or recommend any of these Suppliers.
Subject to the provisions of Your Proposal, We can, on Your behalf, negotiate contracts with Suppliers for Your Event and will take reasonable care in the selection of and negotiation with such third parties. All contracts negotiated in this way will be entered into between You and the Suppliers. It is Your responsibility, not Ours, to ensure that You are aware of, and comply with, all the terms & conditions of Your Suppliers.
We do not normally purchase goods or services on Your behalf unless specifically requested by You and agreed by Us. If, however, We do make purchases on Your behalf Your contract still remains with the Supplier who should provide You a copy of the contract. Any liability shall be held between You and the third party. We cannot be held liable for any errors by any third party. If such an arrangement is made, We shall make payments on Your behalf to Suppliers provided that You have paid Us in advance the full amount due to the Supplier together with an administration fee of £50 per payment.
You hereby appoint Us as agents to act on Your behalf in dealing with Suppliers as part of Our Services under this Agreement. In Our capacity as agents We reserve the right to make any operational changes deemed necessary and/or in Your best interest. Where changes result in an increase to the amount of money due to be paid to a Supplier that is in excess of 10% of the original contract value, We will notify You prior to making the change.
Such authority to act on Your behalf does not remove Your obligations in respect of any Suppliers and for the avoidance of doubt We take no responsibility for such obligations to Suppliers.
We will only accept direction from the persons named in the Proposal, unless prior written notice from You is received by Us instructing Us to do otherwise.
6. Risk and Ownership of Materials
We will retain full ownership of any Materials, including but not limited to their general construct, format and contents, delivered to You as part of any Proposal or the Services. The reproduction of any Materials, in whole or in part, including the copying of text, graphics, images or designs, is strictly prohibited.
7. Price and Payment
The price for the Services, including any payment terms, will be set out in the Proposal.
The price will include Our expenses and any other costs incurred by Us in providing the Services set-out within the Proposal, but for the avoidance of doubt excludes any costs to be incurred by You for any Suppliers.
Payment will be required as follows:
Full Event/Wedding Management, On-the-day Event/Wedding Management and Budget Management
- 50% of the price, as a non-refundable deposit, is payable within 7 days of confirming Your Proposal
- 25% of the price is payable no later than 3 calendar months in advance of the Event
- 25% of the price is payable no later than 1 calendar month in advance of the Event
Any Proposal confirmed by You within 3 calendar months of the Event will require 75% payment within 7 days of confirming Your Proposal and the remaining 25% payment no later than 1 calendar month prior to the Event.
Any Proposal confirmed by You within 6 weeks of the Event will require full payment (100%) within 7 days of confirming Your Proposal.
Venue and Supplier Sourcing
- 80% of the price, as a non-refundable deposit, is payable within 7 days of confirming Your Proposal
- 20% of the price is payable on completion of the visits to the venue(s)/supplier(s)
- Payment terms will be agreed on a case by case basis.
- 100% of the hire price within 7 days of confirming Your Proposal.
- Plus a refundable deposit agreed on a case by case basis (to cover losses or damage).
Invoicing and late payment charges
Invoices will be issued to You in-line with the above payment steps. All payments must be by electronic bank transfer, quoting the relevant invoice number as the payment reference number.
We reserve the right to charge You for late payment of invoices at 3% above the prevailing NatWest Bank interest rate for each week that payment is late.
8. Feeding the planner
Meals will be provided to the planner(s) at appropriate meal times during the wedding day when there are six or more hours of service. Meals are to be provided at the time the wedding party are eating. The Caterer may not request that the planner(s) would be made to wait until all the guests have eaten or been served before the planner(s) is provided food. Please discuss these details and meals with your caterer. The planner(s) must be able to eat as near to the time as the wedding party eat to ensure that the planner(s) can be finished eating before the toasts or any other part of the breakfast/reception occurs.
We reserve the right to use Your Event, including any images taken by Us, and any Services provided by Us to generally promote Our business and services in advertising, brochures, magazine articles, websites and social media.
10. Your Privacy
You have the right to cancel Your Agreement, in accordance with ‘Consumer Protection: The Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008’, as amended, within 7 days of signing Your Proposal. This is Our notice to You of Your right to cancel Your agreement with Us.
You can exercise Your right to cancel Your Agreement by sending an e-mail notice of cancellation in writing to Us at: email@example.com at any time within the period of 7 days starting on the date You sign Your Proposal. Your notice of cancellation is deemed to be served as soon as it is sent to Us by e-mail.
We reserve Our right not to perform any Services for You during Your 7-day cancellation period. Please note You may be required to pay for Services supplied to You by Us prior to receiving Your notice of cancellation if You requested in writing that these Services should be delivered before the end of the cancellation period.
Once Your statutory right to cancel has expired, Your Proposal is considered to be confirmed and the cancellation terms contained below shall apply:
Your Agreement may be cancelled on receipt of 1 (one) month notice issued to Us in writing by email to: firstname.lastname@example.org. The date on which the email is received by Us will be deemed as the date the request has been made. All cancellation requests must be received and agreed in writing by Us.
We reserve the right to cancel Your Agreement with immediate effect in the event that Your Event is cancelled or postponed for any reason whatsoever or if You have not paid Us for the Services and any amount owed by You to Us is 30 days or more overdue.
In the event You or We cancel Your Agreement, We will retain any deposits or retainer fees paid and any stage payments or other payments made by You prior to the cancellation date. Payment for any Services already commenced, whether partially or fully completed and/or any stage payments falling due prior to the cancellation date will be required immediately, without limit, this includes payment for time already spent during consultations and in researching Your Proposal.
We shall not be liable for any indirect or consequential losses or expenses, including but not limited to loss of or damage to anticipated profits, contracts, reputation, goodwill, labour costs or losses or expenses arising from third party claims. Our total liability under this Agreement shall be limited to any payments received from You for Our Services.
Notwithstanding the above, and save in the case of death or personal injury caused by negligence for which the liability of the parties shall be unlimited, Your liability under this Agreement shall be limited to the total price for the Services in accordance with Your Proposal, as amended from time to time.
For the avoidance of doubt We shall not be liable for any loss or damage incurred as a result of any act or omission of You or Your employees, agents, representatives, third party suppliers and contractors or any persons for which You are at the relevant time responsible, including without limitation, failure to adhere to any element of advice or recommendations communicated to You, whether in writing or verbally.
13. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions or other events beyond its control, it shall notify the other and the first party's obligations under Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If You have a problem with the Services supplied by Us before the end of Your Event You must notify Us immediately. We will use Our reasonable endeavours to rectify and put right Our Services or offer You an alternative. If You fail or delay to an unreasonable extent to report Your problem to Us, We will not be liable for those complaints.
This Agreement shall be interpreted and governed by the laws of England.
If any part of this Agreement is found to be void or un-enforceable by any Court of competent jurisdiction, such part shall be severed from this Agreement which will otherwise remain in full force and effect.
These Terms shall remain in force until altered in writing and signed by both parties or until the Services have been provided to You.
You may not assign this Agreement or any rights or obligations under it without Our prior written consent.
Except where expressly specified the parties do not intend to create any rights under this agreement for third parties under the Contracts (Rights of 3rd Parties) Act 1999.
Unless otherwise agreed and subject to the application of the then current prices, these Terms of Business shall apply to any future instructions given by You to Us.