By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Soundkicks Ltd’s web site for personal, non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Soundkicks Ltd’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Soundkicks Ltd at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Soundkicks Ltd’s web site are provided “as is”. Soundkicks Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Soundkicks Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Soundkicks Ltd or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Soundkicks Ltd’s Internet site, even if Soundkicks Ltd or a Soundkicks Ltd authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Soundkicks Ltd’s web site could include technical, typographical, or photographic errors. Soundkicks Ltd does not warrant that any of the materials on its web site are accurate, complete, or current. Soundkicks Ltd may make changes to the materials contained on its web site at any time without notice. Soundkicks Ltd does not, however, make any commitment to update the materials.
Soundkicks Ltd has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Soundkicks Ltd of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Soundkicks Ltd’s web site shall be governed by the laws of the State of Birmingham, UK without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
9. General Terms and Conditions
A non-refundable booking fee of 50% unless otherwise stated on the booking agreement must be paid in advance by the hirer. By paying the booking fee you are agreeing to our terms and conditions. Without the booking fee being paid the booking will not be guaranteed under any circumstances. (Account customers may not be required to pay a booking fee and balance must be paid within payment terms specific to them. For detailed account customers Terms & Conditions relating to payment please see the account customers section below)
Balance to be received no later than 14 days before the event start date. If the balance payment is not received by this date, then we reserve the right to cancel the booking with no refund on monies already paid.
Any event with a start date of less than 30 days from booking agreement being sent will be required to pay in full.
The hirer must electronically sign this booking agreement that will be emailed to you.
This will register the time, date and IP address used for the electronic signature. Without a signed booking agreement your booking will not be confirmed. Should you wish to make any changes to your booking, we will send a revised booking agreement, if we agree to the changes this additional booking agreement must also be signed.
We will provisionally hold the date for 7 days of us sending out the booking agreement. However, in that time if we have another booking request, we will give you first refusal on confirming the provisionally booked event that you have with us. If we do not get a response or hirer does not confirm we reserve the right to release your provisional booking and send the booking agreements to the other interested party.
Any cancellations made by the client will result in all monies paid being forfeit, or a cancelation fee of not less than one half of the agreed total fee will be applied for. If the cancellation is within 60 days of the event start date then the full payment shall be required less any expenses that we will no longer incur.
If you choose to cancel your function in circumstances of force majeure then full payment shall still be required (if within 60 days of event start date). If you wish to postpone the event for a future date then full payment will still be required but a discounted rate may apply to cover costs for the rescheduled date if we are available.
- We reserve the right to cancel your booking for any but not limited to the following reasons-
- We believe the venue to be unsafe or unsuitable
- If there is illegal activity at the event
- Where our equipment is at risk
- Where our staff are at risk
- Where the use of our equipment is unsafe which can potentially lead to damage to the equipment, venue or injury/death to you, your guests, other suppliers or the public.
If we cancel for and of these reasons we will not issue any refunds.
If for circumstances beyond our control we are unable to attend and an alternative supplier cannot be sourced then a full refund will be issued to the hirer within 1 calendar month from the acknowledgement that the refund will be issued. This includes but is not limited to extreme weather or acts of terrorism. This will be processed in the same means as to which it had been paid. Under no circumstances will we refund to a different person or to a different card than to which it was paid.
SoundKicks Ltd uses an external debt collection agency to collect overdue payments.
We make all reasonable attempts to resolve payment issues in-house and will provide written warning (either by email or post) before any debt is passed on. In signing this agreement, the Hirer is agreeing to pay all invoices and charges on time, and understands that if passed on for collection, 15% commission will be added to the amount owed, along with any incurred court, legal or collection fees. Failure to make final payment as required for a hire or event will result in dispatch of equipment or services being refused and cancellation of the order with no refund. In this instance the final balance shall still be due.
The client is liable for any damages or loss to SoundKicks equipment by themselves, guests and anyone else in attendance at the event.
If any of our equipment is damaged or lost then not only will there be repair/replacement costs but also hire costs to cover the period of which Soundkicks is without the damaged or lost equipment.
The Hirer is responsible for ensuring all other suppliers and venue carry full Public Liability Insurance, if any damage is caused to our equipment by a supplier who is uninsured then the hirer shall be responsible for all costs.
SoundKicks Ltd will not be held liable for any damage caused to buildings or property.
UNDER NO CIRCUMSTANCES – are venue staff, other suppliers, yourself the hirer or guests aloud to move, alter, change or use our equipment unless expressed in written confirmation prior to the wedding or event. If we believe that anyone has or will do this to any of our equipment, we reserve the right to remove the equipment from the venue irrespective if the event has finished. No refunds will be issued if we remove the equipment early.
12. Entertainers Terms and Conditions in addition to ‘General’
The Hirer must arrange access to the premises at least 45 minutes before the commencement of the function, or earlier if deemed beforehand. (Otherwise the DJ / Act may not be ready to start on time).
Any delayed set up time and subsequent delayed start time due to the overrun of any prior proceeding or of situations outside of our control will not warrant any extension of the stated finish time or any fee reduction. However, at the sole discretion of the DJ / Act and with the permission of the venue management an extension of these performing times may be made.
The DJ / Act will charge an additional fee of £40 per hour. This additional fee must be paid in cash to the DJ before any extra time commences.
The hirer shall be responsible for the conduct of all those attending the function and shall
evict any person who is aggressive to the DJ / Act.
13. Starlit Dance Floor Terms and Conditions in addition to ‘General’
I am aware that the surface, which the floor is to be laid, needs to be both flat and dry. An uneven floor may result in the LED’s not working, as the panels cannot connect properly. Our staff will not lay the dance floor on a wet surface, as this will damage the panels.
SoundKicks Ltd will not be held responsible if we cannot lay the dance floor due to the
surface being wet or uneven.
Liquid spillages on the dance floor can occasionally result in component failure, the Hirer is liable for any damage caused.
The venue needs to have suitable access i.e. no stairs, steps so that we can wheel the dance floor (in its trolley which is 137cm x 67cm) into your venue. Where the function room is upstairs a goods lift will be required.
We also need to be notified if there is gravel, ledges, lips that the trolley needs to be pushed on / over.
If the access is poor (as examples above) then an extra charge may be made in order for extra time to be allocated to your event to carry the dance floor panels by hand into your function room.
Due to the outside influences that dance floors are subject to throughout an event we are unable to guarantee 100% LED reliability through the entirety of an event. There are many factors which can disrupt the dance floors which include but not limited to excess spillages of drinks, static, movement of dance floor due to uneven floors.
The dance floor will be in full working condition when installed but no further responsibility for any failures throughout an event will be accepted.
Tables and chairs or any other furniture are not to be place on top of our dance floors without prior consent from us.
14. Equipment Hire Terms and Conditions in addition to ‘General’
Photo booths are not to be used by unaccompanied children.
Any special effects or other equipment shall only be used where the venue permits it. If for any reason the venue does not permit a special effect, then no refunds will be issued. It is the hirers responsibility to ensure that anything that they have booked is aloud at the venue.
It is the clients responsibility to ensure that any Equipment is suitable for their purpose.
All Equipment supplied is regularly PAT tested by a competent person.
The client shall be responsible at all times to arrange the proper supply of electricity for use with the equipment.
The Hirer is responsible to Soundkicks from the commencement of the hiring for the safekeeping of the equipment and for its use in a proper manner.
At the end of the hire, the client must return the Equipment to SoundKicks (fair wear and tear excepted) in the same condition as at the commencement of the hire.
It is the hirers responsibility to inform us of any specific details on access if the event room is not on the ground floor. Failure to do so may result in us not having adequate crew and time to install or dismantle the equipment of the specified times.
15. Dry Hire Terms & Conditions in addition to ‘General’
Where setup is not carried out by SoundKicks Ltd, I understand that a risk assessment must be carried out by the hirer at the location where intend to use the hired equipment to identify and address any risks which may be present or likely to become present.
Soundkicks Ltd will not be held responsible for any damage, loss or injuries incurred due to misuse of the hired equipment or incorrect operation / installation of such.
As the hirer I accept that I am responsible for the hired equipment from the time that it is collected by me or my representative until such time as it is returned to SoundKicks Limited’s premises or collected by them.
Further I agree that I must insure the equipment’s on an “All Risks” basis including Accidental loss destruction or damage by Fire, Lightning, Aircraft, Explosion, Riot, Civil Commotion, Malicious Damage, Earthquake, Storm, Tempest, Flood, Bursting and overflowing of water tanks pipes and apparatus, Falling Trees, Impact, Escape of Fuel from any fixed oil heating installation, Accidental Damage and Theft for the total value of our equipment.
I the hirer acknowledge that I am liable to reimburse SoundKicks Limited for the full costs of the items hired irrespective of whether or not my insurance claim is settled by my insurers.
In the event that the equipment is damaged and is capable of being economically repaired then my liability will be capped at the cost of the repairs provided that they are repaired to the satisfaction of SoundKicks Limited.
The hirer must provide 2 forms of ID which contain the address of the hirer from at least 2 established sources (e.g. government body, utility company, bank or other finance company) dated 3 months from the start of the hire date, and a £200 deposit to be made by cash or card. Card details will also be retained for the duration of the hire and in signing this contract, the hirer understands that any damage or late return charges will be debited from their provided payment card immediately, and an invoice will be provided afterwards.
Deposits are refunded only when the goods have been completely checked and are accounted for. For smaller hires the Hirer is usually able to wait for check-in to be completed. For larger hires, or instances where we are unable to check the goods immediately, the hire will be placed into a bay and checked at the earliest opportunity. We will then contact the Hirer to inform them all is well, and refund deposit where applicable. The Hirer understands that if any equipment is not retuned, they shall pay any due late charges.
In addition, if the non-returned goods are required for another hire, they are liable to cover sub-hire and transportation costs for the duration of that subsequent hire.
16. Our Staff
Our staffs wellbeing is of the upmost importance to us so under no circumstances will we tolerate violence or abuse to our staff either at the event or prior to the event. If this does happen the event will immediately be cancelled. No refund shall be issued.
We take every effort to ensure that your specified staff are in attendance, we always have additional staff on Standby in the event that your original staff cannot attend.
Parking must be available at all times while we are on site, if for any reason this is not the case the Hirer is liable to pay for any additional parking charges incurred by our staff.
17. Account Customers
By confirming a booking you agree to give at least 60 days’ notice of cancellations or full fee will be due minus any expenses that will no longer be incurred.
All discounts offered are subject to payment within the payment terms specified on each invoice. This can be 7 days, 14 days, 30 days or if agreed up to 60 days from EVENT DATE (not invoice date). Payments received after this will automatically forfeit any and all discounts offered, and original fee will be due. If the event spans multiple dates the payment date will be calculated from the first day of the event. If payment is not received with the time scale specified a £50 late fee will automatically be added.
In the event that payment is still not received within 60 days we will automatically pursue the debt owed through legal channels such as debt collectors and court action and charge a rate of 8% interest plus any and all additional costs required by us to collect monies due.
If payment is not received within 60 days of event date then the client will automatically have any discounts removed from current and future events. We will no longer accept payment after the event. Payment in full will be require at the time of booking to secure our services.
Nothing in these terms and conditions shall make Soundkicks Ltd liable for any consequential loss to the Customer including any expense, liability, loss, claim or proceeding whatsoever caused by or arising out of the late delivery, non-delivery, unsuitability, incompatibility or any breakdown.
If any of the above terms shall be held to be invalid such invalidation shall not affect the validity of the remainder.
No client, company, customer, person, staff member or other crew person may approach any of our staff for direct work without the express permission of Soundkicks.
These are the terms and conditions of Soundkicks and by signing a contract, by paying a deposit or by account customers acknowledging a booking in written form you agree to abide by them.