1. Interpretation
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
“You/Your” means the person who purchases and/or receives the Service(s) from Us:
“Us/We/Our” means Lisa Hilliard Wedding Planning;
“Agreement” means the Agreement between Us and You which shall be deemed to incorporate these Terms and the terms on any individual Proposal;
“Service(s)” means Our Complete Coordination, Finishing Touches, On the day coordination, Venue Search, and Supplier Sourcing services as detailed in the Proposal to be delivered by Us to You; “Materials” means any Materials supplied by Us to You as part of a Proposal;
“Proposal” means the completed Proposal form and Terms provided by Us and executed by You describing the Services requested by You and accepted by Us.
2. The Agreement
The Agreement shall be on these Terms, incorporating the terms on 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 Your Proposal and shall terminate upon delivery of the Services or as otherwise detailed in accordance with these Terms.
3. The Service
We will provide the wedding and event planning Services, which may include without limit, the provision of: Complete Coordination, Finishing Touches, On the day Coordination, Venue Search and Suppliers Sourcing Services, (or variances thereof), and associated products, on dates and at locations as are more specifically defined and confirmed within Your Proposal.
Unless otherwise stipulated in Your Proposal You will be responsible for entering into contracts with suppliers directly and You will be fully responsible for the management of those contracts, even where suppliers have been recommended by Us.
Any additional work undertaken 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 then current standard hourly rate.
4. Responsibilities
You are responsible for:
Ensuring Your instructions to Us are clear.
Notifying Us of any special 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 sites.
Being on time to any planned meetings or events.
Making any payments due to Us in a timely manner.
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.
We are responsible for:
Delivering the Services with all reasonable skill and care, and in full compliance of relevant established current professional standards.
5. Authority
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 paid to a supplier that is in excess of 10% of the original contract value We will notify You prior to making the change.
We will only accept direction from the persons named in the Proposal, unless prior written approval is received instructing Us to do otherwise.
6. Risk and Ownership of Materials.
We will retain ownership of any Materials delivered as part of the Services
You will be responsible for ensuring that any Materials, including their packaging, supplied to You as part of the Services remain in satisfactory condition and are fully insured on a full replacement value basis.
7. Price and Payment
The price for the Services will be set out in the Proposal and will be subject to any applicable UK taxation, including where relevant, VAT.
Expenses will be charged in addition to the price for the Services and may include, without limitation, mileage at the Inland Revenue’s then current rates and hotel expenses charged at cost. All expenses will be agreed prior to being incurred.
Payment is required as follows:
Complete Co-ordination:
A 25% deposit is payable with Your Proposal, two further stage payments of 25% will payable in accordance with the schedule detailed in Your Proposal. The final balance is payable within 14 days of Your event date.
Finishing Touches:
A 50% deposit is payable with Your Proposal, the final balance is payable within 14 days of Your event date.
On the Day co-ordination:
Full payment is required with Your proposal.
Venue Search:
A £200 retainer fee is taken with Your Proposal; any additional fees will be invoiced on completion of the Service and payable within 14 days of the date of the invoice
©Lisa Hilliard Wedding Planning 2008
Suppler Sourcing
A £150 retainer fee is taken with Your Proposal; any additional fees will be invoiced on completion of the Services and payable within 14 days of the date of the invoice
Payment is made by cheque to Lisa Hilliard unless otherwise advised on Your Proposal.
Any queries relating to an invoice must be received within 7 days from the date on the invoice.
If payment is in arrears late payment charges will be levied on a daily basis at 8% above the then current Bank of England base lending rate and a £40 administration charge will be applied.
8. Cancellation
In accordance with 'The Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008” We are providing you with notice of your right to cancel your agreement with Us.
You can exercise your right to cancel by delivering or sending (including by electronic mail) a notice of cancellation in writing to: Lisa Hilliard 52 Kent Street Hasland Chesterfield Derbyshire S410PL or to lisa@lisahilliardweddingplanning.co.uk at any time within the period of 7 days starting on the date you receive your copy of this Agreement. Your notice of cancellation is deemed to be served as soon as it is posted or sent to us by email.
Please note you may be required to pay for goods and services supplied to you by us prior to receiving your notice of cancellation if you requested in writing that these goods or services should be delivered before the end of the cancellation period.
If you have entered into a credit agreement with us this will automatically be cancelled when you send your notice of cancellation.
For your convenience we have included a cancellation form below should you wish to use it. You are free to notify us using whatever form you wish as long as your notice is sent in accordance with the above details.
Once a Proposal has been accepted and the statutory right to cancel period has expired the cancellation terms contained below apply:
Complete Co-ordination Service:
Your Complete Co-ordination Service may be cancelled on receipt of 3 months notice.
Finishing Touches:
Your Finishing Touches Service may be cancelled on receipt of 1 months notice.
On the Day co-ordination:
Your On the Day Co-ordination Service may be cancelled at any time.
Venue Search:
Your Venue Search Service may be cancelled on receipt of 1 months notice.
Suppler Sourcing
Your Suppler Sourcing Service may be cancelled on receipt of 1 months notice.
In all events We will retain any deposits or retainer fees paid and any stage payments or other payments made 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.
All cancellation requests must be received and agreed in writing by Us.
The date on which the letter, fax or email is received by Us will be deemed as the date the request has been made.
9. Liability
Neither party shall 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 3rd party claims.
Notwithstanding the above and save in the case of death or personal injury cause caused by negligence for which the liability of the parties shall be unlimited, the parties liability under this Agreement shall be limited to the fees charged or £5000 whichever is the lesser.
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 Yourselves, Your employees, agents, representatives, 3rd party suppliers and contactors 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.
10. 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, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
11. General
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.
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 3rd 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. This Agreement shall be governed by the laws of England and Wales.
Wedding Planners covering Chesterfield, Derbyshire, Sheffield, Ashfield, Mansfield, Nottingham, Derby, Leicester, Staffordshire & Lincoln - professional wedding planning, planner & organiser