Last updated September 2020
These Terms and Conditions are the standard terms for the provision of Event Management Services by Liz&Zie Ltd, a Private Limited Company, registered in England under number 08316265 whose registered office is Minster House, 126a High Street, Whitton, Middlesex, TW2 7LL and whose main trading address is 44 Sudlow Road, London, SW18 1HP, United Kingdom
“Contract” the agreement between the Client and Us;
“Event” the occasion for which the Client requires the Event Management Services as described;
“Event Management Services” the services and additional items which are to be provided by Us to the Client as specified in the confirmation form and proposal;
“Price” the fee payable due to Us from the Client for the Services;
“Confirmation Form” the order and acceptance for the Event Management Services;
“Client” the individual, or business or body corporate whom the Confirmation Form is addressed, proposal is prepared, and the Services are provided;
“We|Us|Our” Liz&Zie Ltd including where applicable its employees, agents and representatives;
“Third Party Suppliers” suppliers, performers, venues, or any other persons contracted directly by the Client for the Event;
2. The Contract
2.1 These Terms and Conditions govern the sale and provision of Event Management Services by Us and together with the completed Booking Agreement will form the basis of the Contract between Us and the Client.
2.2 Nothing provided by Us including, but not limited to, marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. The Confirmation Form and Booking Agreement constitute the contractual offer.
2.3 Bookings will only be regarded as confirmed upon receipt of signed Booking Agreement and payment of deposit.
2.4 We shall ensure that the following information is given or made available to the Client prior to the formation of the Contract between Us and the Client, save for where such information is already apparent from the context of the transaction:
2.4.1 The main characteristics of the Event Management Services;
2.4.2 The total Price for the Event Management Services including taxes or, if the nature of the Event Management Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
2.4.3 The arrangements for payment, performance and the time within which We deliver the Event;
2.4.4 Our complaints handling policy;
2.4.5 The duration of the Contract, where applicable, or if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.
3.1 All Orders for Event Management Services by Us for the Client will be subject to these Terms and Conditions.
3.2 The Client may change their Order after receiving the Order Confirmation. We will use all reasonable endeavours to accommodate any requested changes but cannot guarantee that We will be able to do so. If doing so means that We will incur higher costs or portion of work, We will inform the Client with an updated budget before taking any action. Any reduction in the order, will be subject to cancellation charges.
3.3 Should guest numbers vary by more than 15% from the original Order, We reserve the right to charge a supplement if necessary, for costs incurred. The calculation of numbers of persons attending the Event by Us shall be final and binding upon the parties.
4. Price and Payment
4.1 The Price of the Event Management Services will be calculated in accordance with Our estimated Event budget, in place at the time of the Client’s Order. Calculated as a percentage of the Event, the most recent version of the Event budget will be used to determine costs and the final Price will be reflected in the final Event budget post event.
4.2 All Prices include VAT where applicable. If the rate of VAT changes between the date of the Client’s Order and the date of their payment, We will adjust the rate of VAT that the Client must pay.
4.3 Where a Client is based on a Client allocated Business Account:
4.3.1 A request for monies will be made based on the budget agreed and according to the payment schedule;
4.3.2 We will issue a statement to the Client in conjunction with the payment schedule, or on request; 4.3.3 We will invoice for Our Event Management Services and We are authorised by the Client to pay Our fees from the Client allocated Business Account, as agreed within the budget;
4.3.4 We are authorised by the Client to pay for goods, services, and expenses from the Client allocated Business Account, as agreed within the budget;
4.4 The Client has the estimated budget available. Any changes to the Order and subsequent quotations will be reflected in updated budgets and shared with the Client. The budget shall not be increased unless otherwise agreed by both parties, who shall consult as to how the budget shall be best utilised to ensure the success of the Event.
4.5 We are authorised by the Client to purchase on their behalf such goods and services as We determine are necessary or desirable in connection with the Event.
4.6 Additional items such as out of pocket expenses or any additional items requested by the Client after the balance of the Price has been paid will be invoiced separately to the Client.
4.7 The payment schedule is included in the Order Confirmation. If payment is not received by the due date, We may charge interest on the overdue sum at the rate of 2% per annum above the base lending rate of the Bank of England. Interest will accrue on a daily basis from the due date until the actual date of payment of the overdue sum. The Client must pay any interest due when paying an overdue sum.
4.8 The provisions of Clause 4.6 will not apply if the Client has promptly contacted Us to query or dispute an invoice in good faith.
4.9 Cancellation fees will be payable by the Client as set out below and have been calculated to represent a reasonable assessment by Us of the loss We will suffer as a result of the cancellation. Cancellation fee based on the total anticipated spend of the Event Management Fee, Our expenses, and sub-contractors.
From signature of contract 25%
Within 6 months of the Event 50%
Within 2 months of the Event 75%
Within 1 calendar month 100%
4.10 Postponement. Applicable to Force Majeure special circumstances only, to include the Covid-19 pandemic. All Event Management fees paid may be carried over towards a new date pending availability of services and suppliers, for the same Event. New Event date must fall within 18 months of written notice. Total Event costs may be subject to price changes. Postponement fee calculated from, and due in addition to, the total anticipated spend of Event Management Fee, Our expenses, and sub-contractors.
Within 9 months of the Event 10%
Within 3 months of the Event 25%
5. Providing the Event Management Services
5.1 We will provide the Event Management Services with reasonable skill and care, consistent with best practices and standards in the event management market, and in accordance with any information provided by Us.
5.2 We will make every reasonable effort to provide the Event Management Services on time and in accordance with the Client’s Order. We cannot, however, be held responsible for any delays if an event outside of Our control occurs.
5.3 If the information or items provided by the Client, or actions the Client takes is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or items from the Client, We may charge the Client a reasonable additional sum for that work.
6. Problems with the Event Management Services
6.1 We always use reasonable efforts to ensure that Our provision of the Event Management Services is trouble-free. If, however, there is a problem with the Event Management Services We request that the Client informs Us as soon as is reasonably possible. 6.2 We will use reasonable efforts to remedy any problems as quickly as logistically possible and practical. 6.3 We will not charge the Client for remedying problems under this Clause 6 where the problems have been caused by Us, any of Our agents or employees or Our sub-contractors. 6.4 If We do not perform the Event Management Services with reasonable skill and care, the Client has the right to request repeat performance or, if that is not possible or done within a reasonable time, the Client has the right to a reduction in price.
7.1 We will be responsible for any foreseeable loss or damage that the Client may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence including that of Our employees, agents, or sub-contractors. Our liability shall be limited to the amount paid to Us by the Client for that loss. No liability is accepted for any consequential losses or damages.
7.2 We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
7.3 When any part of the Event is arranged on behalf of the Client by a Third Party Supplier contracted to, or organised by the Client, We are not responsible for the actions of that supplier or any third party goods / services that the Third Party provides.
7.4 If We are providing Event Management Services in the Client’s property and We cause any damage, We will make good that damage at no additional cost to the Client. We are not responsible for pre-existing faults or damage in or to the client’s property.
7.5 Nothing in these Terms and Conditions seeks to exclude Our liability for death or personal injury caused by Our negligence at the Event including that of Our employees, agents, or sub-contractors, or for fraud or fraudulent misrepresentation. Any liability of Ours shall be limited to the amount covered by public liability insurance (£10 million) carried by Us at the date of the Event.
7.6 The Client agrees that in the event of loss or damage being caused by a guest or the Client to any facilities, vehicles, hired equipment, or the venue of whatsoever nature supplied by Us for the purpose of the Event, the Client will be liable in respect of such loss or damage.
8. Events Outside of Our Control | Force Majeure
8.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or any other natural disaster or event that is beyond Our control.
8.2 If any event described under this Clause 8 occurs that is likely to adversely affect Our performance of any of Our obligations.
8.2.1 We will inform the Client as soon as is reasonably possible;
8.2.2 Our obligations under these Terms and Conditions will be suspended;
8.2.3 If an event outside of Our control occurs and the Client wishes to cancel the Contract, they may do so in accordance with their right to Cancel.
8.2.4 If the event outside of Our control continues indefinitely, we will cancel the Contract in accordance with Our right to cancel. Cancellation fees apply. Any refunds due to the Client as a result of that cancellation will be paid to the Client as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
8.2.5 In exceptional circumstances, should the Client wish to postpone the event, we may agree once the event outside of Our control is over and provide details of any new dates, times or availability of Event Management Services as necessary to reschedule the event date. See Clause 4.9
9.1 The Client may cancel the Event, but the cancellation will only be effective from the date We receive written notice of cancellation (notice via email is acceptable).
9.2 We reserve the right to cancel the Order due to circumstances beyond Our control as outlined in Clause 8. Cancellation charges apply.
9.3 If any of the following occur, the Client may cancel the Event Management Services and the Contract immediately by giving Us written notice. For Event Management Services We have already provided, the relevant sums will either be deducted from any refund due or, if no refund is due, We will invoice the Client for those sums who will be required to make payment in accordance with cancellation charges.
9.3.1 We have breached the Contract in any material way and have failed to remedy that breach within 14 days of the Client asking Us to do so in writing; or
9.3.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or
9.3.3 We are unable to provide the Event Management Services due to an event outside of Our control
9.3.4 We change these Terms and Conditions to the Client’s material disadvantage.
9.4 If any of the following occur, We may cancel the Event Management Services and the Contract immediately by giving written notice. For Event Management Services We have already provided, the relevant sums will either be deducted from any refund due to the client, or if no refund is due, We will invoice the Client for those sums, due for payment in accordance with Clause 4.8.
9.4.1 Failure to make a payment on time (this does not affect our right to charge interest on overdue sums under Clause 4.6); or
9.4.2 The Client has been in breach of the Contract in any material way and have failed to remedy that breach within 14 days of Us requesting the Client to do so in writing; or
9.4.3 We are unable to provide the Event Management Services due to an event outside of Our control
9.5 For the purposes of Clause 9 a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake, or misunderstanding.
10. Complaints and Feedback
10.1 We welcome feedback from Our clients and, whilst We always use all reasonable endeavours to ensure that all events and experiences are positive, We also want to hear from our customers should they have any cause for complaint about any aspect of their dealings with Us. Including, but not limited to, these Terms and Conditions, the Contract, or the Event Management Services. Any complaint must be received by Us, no later than 7 days following the Event. Please contact Us in one of the following ways:
10.1.1 In writing. addressed to Liz&Zie Ltd, 44 Sudlow Road, London, SW18 1HP, United Kingdom or by email, to email@example.com or email your event organiser directly.
11. Intellectual Property Rights, Publicity and Data Protection
11.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and rights under the GDPR.
11.2 We agree not to disclose confidential information obtained from or about the Client or their guests to anyone unless required
12.2.1 By law; or
12.2.2 By an agreed Third Party Supplier for the purpose of performing the Event;
11.3 All guest information for the Event must be provided by the Client to Us, no later than 21 working days before the Event. To include where relevant a list of guests, full name, dietary requirements, details of guests’ mobility, or any other further information as We may require. The client will be notified in advance if further information is required ahead of this time.
11.4 We shall implement appropriate technical and organisational measures to protect Data to include any authorised person including staff, agents and sub-contractors, each subject to a strict duty of confidentiality.
11.5 Upon termination or expiry of this Contract, We shall delete, destroy, or return to the Client all Data in Our possession or control, and shall instruct sub-contractors to do the same.
11.6 We assert full intellectual property rights over all aspects of the event management, quotations, moodboards and design.
11.7 We routinely photograph event set-ups, although We do not photograph individual guests for marketing purposes. If the Client does not wish this to happen, we request they advise Us in writing.
12. Other Important Terms
12.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, the Client will be informed by Us in writing. Rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
12.2 The Client may not transfer (assign) any obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
12.3 The Contract is between the Client and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
13. Governing Law and Jurisdiction
13.1 These Terms and Conditions, the Contract, and the relationship between the Client and Us shall be governed by and construed in accordance with the laws of England and shall be subject to the jurisdiction of the English Courts.