1) Services: The services that we offer are set out in two definitive parts and the two parts are separate from one another. (a) We offer performances at private and public events. (b) We offer workshops at private and public events. Upon hiring Steelband Music Ltd, hereafter SBM, you enter into an agreement for the deliverance of services for an agreed charge.
2) Charges: The fees for hiring our services are below for guidance purposes only. These may vary and are at the discretion of SBM and the director. The fees are based on the number of players, location of the venue (distance of travel), time of the event, month and day, and hours of performance or workshop required. A guideline (based on our average and most common booking) would be £475.00 for 3 players performing for up to three hours in South East England.
3) This document is intended to confirm in writing a booking already verbally agreed which may not be cancelled by either party hereto without the specific consent of the other party involved except in the case of illness/accident or "Force Majeure".
4) This confirmation document is issued in place of individual contracts between the two parties for the greater convenience of all concerned. An individual written contract between the client/hirer and artiste(s) will be drawn up if requested by either party.
5) SBM can accept no liability whatsoever for the non-fulfilment of contracts by artiste(s), although all reasonable efforts are assured.
6) In the event of any non-fulfilment of the contract, the level of liability to the client/hirer is limited to the maximum of the fee agreed.
7) Cancellation: if the client/hirer cancels the engagement SBM shall notify the artiste(s) forthwith and SBM shall be entitled to receive compensation as follows for the artiste(s):
a) More than 60 days prior to event date 25% of the total fee
b) 30 - 59 days prior to event date 50% of the total fee
c) 15 - 29 days of the event 75% of the total fee
d) Within 14 days of the event 100% of the total fee
These cancellation charges are in addition to any deposit already paid. Deposits paid to SBM by the client/hirer will only be refundable where clause 7a applies (see below). If a deposit has not been paid, SBM reserves the right to charge the cancelling party 20% of the total fee to cover their incurred costs. Non-return of this confirmation does not cancel the agreement.
7a) Sickness/Accident: in the event of sickness or accident preventing the artiste(s) from appearing, SBM and the client/hirer shall be informed forthwith, and if requested, the artiste(s) shall provide a medical certificate or relevant report. If the artiste(s) fails to perform, neither the client/hirer nor SBM shall be obliged to pay the artiste's fees. SBM will endeavour to find suitable alternative replacement artiste(s) should the client/hirer so wish.
8) If either party requests postponement to another date, this shall be treated as cancellation, should either party not be available or agreeable.
9) SBM strongly suggests that the client/hirer arranges relevant insurance to cover their costs of any cancellation.
10) Payment Method: "to act at event - cash/cheque" shall mean the artiste(s) must be paid on the day of the completion of the performance. "Cheque/BACS settlement to SBM" shall mean client must pay SBM within 7 days of the date of the invoice or within 7 days of the end of the service being delivered, whichever is the sooner. SBM will then pay the artiste(s).
11) Late Payment: If payment is not received within the time specified in accordance with the terms of the contract, or where no specific time-scale is provided, within 7 days of the date of the invoice, or within 7 days of the event, whichever is the sooner, SBM shall charge a fee of 10% of the agreed booking fee.
12) The artiste(s) appears on an "as known basis". This should be set upon an initial agreement to hire the artiste(s) but may change at the discretion of the artiste(s) or performance leader but not alter the quality or conditions of the agreement.
13) The client/hirer is solely responsible for providing adequate insurance cover for personal property and public liability. The artiste(s) is responsible for holding current electrical PAT certificates for all relevant items of electrical equipment.
14) The artiste(s) engagement under this contract is such that they would be treated as self-employed for national Insurance and Income Tax Purposes by reason of being engaged under a contract for services.
ARTISTE(S)/CLIENTS/HIRERS CONTRACTUAL OBLIGATIONS
a) Re-engagements - the client/hirer and the artistes(s) agree that any future bookings into this venue or others owned by the same establishment, within 12 months from the date of the fulfilment of the contract shall be made via SBM.
b) By reading and accepting all the terms of business and conditions in this agreement, both the client/hirer and the artiste(s) named in the contract are entering into a legal and binding arrangement to fulfil the contract and its conditions in its entirety.
c) If special licences are required this is the responsibility of the client/hirer.
d) The client/hirer shall provide a safe working environment, a power supply that is both safe and adequate, a facility for the artiste(s) to change and relax (if necessary, other than a public toilet) and an adequate performance area.
e) The artiste(s) will ensure they travel in road worthy vehicle(s) to get them to the performance. They also agree to have suitable membership with a reputable vehicle recovery service, in the event of transport failure on route to their performance.
TERMS OF WEBSITE USE
RELIANCE ON INFORMATION POSTED & DISCLAIMER
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
INFORMATION ABOUT US
www.steelbandmusic.co.uk is a site operated by Steelband Music Ltd. ("We"); we are a comapny registered in England and Wales under registration number 8273076.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
INTELLECTUAL PROPERTY RIGHTS
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You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
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Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKS FROM OUR SITE
JURISDICTION AND APPLICABLE LAW
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