Terms & Conditions
- 1.1.This website is owned and operated by Connected Event Group Pty Ltd ACN 638 148 366 (the Group).
- 1.2.This page sets out the terms and conditions (Terms) on which the Group, or any of its related bodies corporate, offers its website, event production services and related audio-visual and other equipment (Equipment) to you (Services). Except as otherwise agreed in writing, any Services supplied by the Group will be subject to these Terms.
- 1.3.You accept these Terms by remaining on this website and engaging the Group to provide Services.
- 1.4.If you act or engage the Group on behalf of another entity, you confirm that you have the authority to enter into these Terms on behalf of that entity and personally indemnify the Group from and against all loss or damage which may arise if this is not the case.
- 1.5.Certain Services may be subject to additional terms and conditions (Additional Terms). If these Terms conflict with any Additional Terms, the Additional Terms will prevail.
- 1.6.These Terms are subject to change on written notice by the parties.
- 2.1.You may request the Services of the Group in respect of a particular event (Event) by email, phone, or in person.
- 2.2.Following the Group’s receipt of a request, the Group will provide a quote confirming the requested Services and the Group’s fees and charges (Fees) in and associated with providing them.
- 2.3.The Group may decline to provide some or all Services requested, for any reason.
- 2.4.The contract between you and the Group will be formed when you advise the Group in writing that you accept the quote. The quote is open for acceptance in accordance with the acceptance period stated on the quote and if no period is stated, then within 30 days of the date of the quote.
- 2.5.By accepting the quote, you represent and warrant that:
- a. you have the power and authority to do so;
- b.prior to accepting the quote, you have obtained such professional legal, accounting, or financial advice as you consider appropriate or waived that right; and
- c.all information you supplied to the Group is correct, accurate, and not misleading.
- 3.1.The Group will provide the Services at the Event location (Event Location) on the date of the Event (Event Date) and for the duration of the Event.
- 3.2.The Group will attend the Event location and repossess and remove Equipment on a date and at a time agreed between you and the Group for that purpose (Removal Date).
- 3.3.You must ensure that access to the Event Location is made accessible to the Group at the times and dates agreed between you and the Group:
- a. for inspection, prior to the Event Date;
- b.for the purposes of the Event on the Event Date; and
- c.for the removal of Equipment on the Return Date.
- 3.4.You must ensure that access to the Event Location is made accessible to the Group as agreed pursuant to clause 3.3 irrespective of whether those dates fall on a weekend or a public holiday. A failure to do so may result in additional charges.
- (Dry hire)
- 3.5.Under Dry Hire arrangement, the Group will make Equipment available for collection on a date and at a time agreed between you and the Group (Collection Date) and use on the Event Date.
- 3.6.All Equipment must be signed for by an adult aged 18 or over.
- 3.7.You must return Equipment to the Group on the Return Date in good working condition. A failure to do so may result in additional charges.
- 3.8.You must use all care, skill and attention in operating hired Equipment, and use hired Equipment carefully and responsibly, in accordance with the Group and/or the manufacturer’s instructions for intended or authorised purposes only and in accordance with all applicable laws.
- 3.9.You shall be wholly responsible for the hired Equipment while it is in your possession, including for any loss or damaged caused to or by it, and must notify the Group in writing within 24 hours of any problem or suspected problem with the Equipment, including any defect, loss of, damage to, or accident involving it.
- 4.1.In consideration of the Group’s provision of the Services, you must pay the Group the Fees.
- 4.2.Except as otherwise agreed in writing between the parties, all Fees must be paid to the Group in the form of cleared funds by no later than 48 hours prior to the earlier of the Event Date or Delivery Date.
- 4.3.The Group reserves the right to impose additional Fees for any breach of these Terms, including:
- a. a daily rate for the period any item of Equipment is not available for use by other customers due to your breach;
- b.the hourly rate for any additional pre-production, rehearsal, or post-production time involved in the agreed Services;
- c.where cables and connectors are returned not properly coiled and taped and/or with rigging tape still attached, an hourly rate to clean and/or re-roll such cables and connectors; and
- d.interest on outstanding Fees at the rate of 1.5% per month to be calculated daily from the date an outstanding payment is due until the date of payment.
- 4.4.The Group may retain the whole or part of any deposit paid to set off any liability owed by you to the Group.
- 5.1.Nothing in these Terms confers on you any title to the Equipment. You must not sell or grant a security interest in the Equipment to any party.
- 5.2.You may not make any alteration or addition to the Equipment without the prior written consent of the Group. Any alteration or addition permitted to be made shall belong to the Group.
- 5.3.The Equipment is and shall remain at all times personal and moveable property. You shall not permanently affix the equipment or permit it to be permanently fixed so that it becomes part of real property.
- 6.1.The Group may cancel, reschedule, or revise the terms of its provision of Services at its sole and absolute discretion upon 5 days' written notice. In the event the Group cancels its provision of Services under this clause, the Group will refund to you all fees paid by you to the Group for the Services.
- 6.2.You may cancel your engagement of the Group upon written notice no later than 30 days prior to the earlier of the Collection Date or Event Date.
- 6.3.In the event of a cancellation by you under clause 6.2, the following cancellation fees will apply:
- a. If notice is received by the Group between 30 to 14 days prior to the Event Date, a cancellation fee of 25% of the Fees will apply.
- b.If notice is received by the Group between 13 to 7 days prior to the Event Date, a cancellation fee of 50% of the Fees will apply.
- c.If notice is received by the Group between 6 to 3 days prior to the Event Date, a cancellation fee of 75% of the Fees will apply.
- d.If notice is received by the Group less than 2 days prior to the Event Date, a cancellation fee of 100% of the Fees will apply.
- 6.4.In the event of a cancellation by you under Clause 6.2, you must reimburse the Group for any reasonable costs incurred by the Group in preparation for the provision of the Services including the cost of the manufactured items, production charges, venue charges and entertainment charges where such costs have not already been paid to the Group.
7. Defend, Indemnify, Hold Harmless
- 7.1.The parties will defend, indemnify, and hold harmless each other, their related entities, employees, and agents, from and against all Claims and liabilities, including any legal costs on a solicitor/client basis, arising out of or in connection with this Agreement, including for:
- a. loss or damage to or caused by the Equipment, including injuries to or the death of a person or damage to any property; and
- b.loss or damage caused by the Equipment, including injuries to or the death of a person or damage to any property; and
- c.a defect in, seizure or breakdown of the Equipment or delay in the provision of the Services.
- The obligations in this clause 7.1 are reduced to the extent the party whose actions gave rise to the Claim or liability, contributed to the Claim or liability through negligence or misconduct.
- 7.2.To the extent the parties liabilities are not effectively defended, indemnified, and held harmless by operation of clause 7.1:
- a. Your liability is limited exclusively to replacing the Equipment,
- a. The Group’s liability is limited exclusively to replacing the Equipment, resupplying the Service, or providing a refund of amounts paid.
- 7.3.Neither party shall under any circumstances be liable to the other for any special, indirect, incidental, consequential, punitive, or exemplary damages, including lost profits.
- 7.4.The parties must insure their obligations in clause 7.1 and provide evidence of such insurance upon the other party’s request.
8. Force Majeure
- 8.1.The Group shall not be liable to you or any other party, for any failure to perform or delay in performing an obligation under these Terms caused (in whole or in part) by an event beyond the Groups control including labour shortages, labour disputes, transport delays, data communication delays, inability to obtain products or supplies, fires, civil disobedience, mechanical breakdown, weather, acts of God, government action or regulation, computer software error or any similar event which makes it impossible, illegal, or materially affects the Group’s ability to perform its obligations under these Terms.
- 9.1.The Group may terminate an engagement and immediately repossess any Equipment hired upon notice should you breach or should you in the reasonable opinion of the Group appear likely to breach these Terms.
- 9.2.In the event of termination under clause 9.1, the Group shall be entitled to recover from you, all costs, expenses, losses, and damages, including legal fees on a solicitor/client basis, arising out of or in connection with these Terms and the engagement between you and the Group, which the Group may or would have received or but for its termination under clause 9.1.
- 9.3.You authorise the Group to enter any premises owned by you for the purposes of repossession under clause 9.1.
- 10.1.In this clause, confidential information (Confidential Information) means all information of or relating to the Group that is identified as confidential or of a nature which should reasonably be regarded as confidential, including any private contract and related negotiations, but not including information that is:
- a. already in the public domain or which becomes part of the public domain, except in circumstances in breach of these Terms;
- b.already in a recipient’s possession at the time of disclosure;
- c.lawfully received by a recipient from a third party who has the right to disclose the information to the recipient; or
- d.required to be disclosed by law.
- 10.2.You must:
- a. keep Confidential Information secret and confidential;
- b.use all reasonable care to protect Confidential Information, whether in storage or use, against public disclosure;
- c.not disclose Confidential Information except to persons for whom such knowledge is essential for the purposes of or as permitted by these Terms or law, and upon such persons undertaking to keep confidential any Confidential Information disclosed.
11. Data and Privacy
- 11.2.The Group may use an electronic data collection system to monitor, manage, collect, and/or otherwise deal with data which is collected from you during or in connection with the Group’s provision of the Services. Data may be personal or aggregated (stripped of all identifiable information).
12. Intellectual Property
- 12.1.This website, the Services, and the Group’s related media and products are subject to intellectual property rights including copyright and trademark. All material on this website and the Group’s social media platforms (including text, graphics, logos, design layout, video and audio clips, event designs, materials, promotions, advertising, content, and procedures) are owned and/or controlled by the Group.
- 12.2.The Group does not permit you to broadcast, republish, post, upload to a third party, transmit, distribute, display in public, adapt, or change any of the Services without the prior written permission of the Group.
- 13.1.(Assignment) The Group may, by giving notice to you, transfer any of its rights and obligation under this Agreement. You may not transfer any of your rights or obligations under these Terms.
- 13.2.(Notice) A request or notice required to be given to a party under this Agreement must be in writing and delivered personally; or posted to the address of the recipient as recorded in this Agreement (or as later varied by notice); or sent by email to their email address, in which case it will be treated as received when it enters the recipient’s information system.
- 13.3.(Australian Consumer Law) These Terms do not limit or exclude any warranties, guarantees, representations, or conditions implied or require by law, including Australian Consumer Law.
- 13.4.(Severability) To the extent of any inconsistency between these Terms and any law, that part will be severed, and the remaining enforceable terms will remain in full force and effect.
- 13.5.(Variation/Waiver) Any variation or waiver of these Terms must be in writing and signed by both parties. The non-exercise of or delay in exercising any power or right does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
- 13.6.(Entire Agreement) Except to the extent otherwise provided in these Terms, these Terms constitute the entire agreement between the parties about its subject matter and supersedes any prior understanding, agreement, condition, warranty, indemnity, or representation about its subject matter.
- 13.7.(Dispute Resolution) Neither party may commence legal proceedings or refer for arbitration a disputed matter arising out of these Terms until the parties have engaged in mediation.
- 13.8.(Governing Law) This agreement is governed by the law of the state of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the Courts in New South Wales.
14. Definitions and Interpretation
- In this agreement, unless context requires otherwise:
- 14.1.Headings do not affect interpretation.
- 14.2.A reference to a clause or party is a reference to a clause or party to these Terms.
- 14.3.Rights and obligations imposed by these Terms on or in favour of a party who is a natural person includes their heirs, executors, administrators and assigns.
- 14.4.Rights and obligations imposed by these Terms on or in favour of a party which is a company or other corporate body includes its successors and assign.
- 14.5.A party which is a trustee (whether or not that role is disclosed in these Terms) is bound personally and in its capacity as trustee.
- 14.6.An obligation imposed by these Terms on two or more persons binds them jointly and severally.
- 14.7.A matter to a thing includes the thing in whole and in part.
- 14.8.Where a word or expression has a defined meaning, its other grammatical forms have a corresponding meaning.
- 14.9.Words in the singular include the plural and vice versa.
- 14.10.A reference to any law, document, or term, is to that law, document or term, as amended, novated, supplemented, or replaced from time to time.
- 14.11.All periods are inclusive of the days indicated.
- 14.12.Includes or including means without limitation.