Standard Terms & Conditions
Weddings, Parties & Small Events
This document outlines the standard terms and conditions of business for the engagement of staff and services from Bespoke Hospitality Pty Ltd (ABN: 53 605 551 522) of 29 Kintore Street, Mile End SA), trading as “Bespoke”, and supersedes any previous agreements or terms of trade with Bespoke.
Date of issue: 13th April 2017
By engaging Bespoke to provide Services for our event,
I/we (“the client”) agree to the following terms and conditions:
Acceptance of Quote:
- The acceptance of the Quotation and these Terms & Conditions constitutes a formal agreement for services between Bespoke and the Client; and that in accepting, agrees to all fees and terms of trade.
- Written acceptance of the Quote (and Terms) via email is binding
Fees & Payment:
- Payment of the Quotation in full 7 days prior to the Event, except where Quotation is for an amount of more than $1000 AUD, in which case a 50% deposit is payable 7 days prior, and the remainder due 7 days after;
- Reimbursement for any pre-agreed out of pocket expenses for the Services, including Travel Costs where the Event location is more than 30 minutes drive from Adelaide GPO;
- In the event additional fees are incurred at the Event (e.g. you request staff to work longer) I/we agree to pay these fees on the day of the event via Bespoke’s preferred payment methods.
Permissions & Licensing:
The client is responsible for the application (and payment) of any licences or permits required for their event. This includes but it not limited to:
- Limited Liquor Licence
- Park or Public Place permissions from Local Council or relevant bodies
The client is responsible for ensuring that if their event takes place in a public venue (this includes church halls, restaurants etc) that all relevant and applicable insurance policies for the event, including Public Liability, Theft and Damage are in place.
Cancellation of Event:
If the event is cancelled, the following terms apply:
30 days prior to date of event – no cancellation fee due, but any consultation fees payable
7 days prior – 50% of the package and all consultation fees payable
24 hours prior – 100% of the package and all fees payable
- Notice of cancellation is required in writing as soon as possible. Phone calls or SMS will not enact a cancellation of services.
- From time to time, extenuating personal circumstances may lead to an event being cancelled at short notice. In such a case, Bespoke may be able to waiver cancellation penalties, but this is entirely discretionary and would not include any expenses already incurred.
- Undertake all reasonable actions to ensure a Safe Workplace for Bespoke staff, including proper communication, and responsibilities.
- Ensure that Bespoke staff are at all times treated with courtesy and respect
- In the event that an incident occurs whilst Bespoke staff are at the service of a client, and in which it is considered safety standards are in question, Bespoke reserves the right to withdraw all Services from the Event or Venue until such time as the ongoing safety of staff can be assured.
BESPOKE (THE SUPPLIER)
Bespoke warrants that:
- will delivered by Bespoke and their agents at the date, time, and location stipulated on the Order Form, for the Fees agreed in the Quotation;
- will be clearly defined and agreed prior to the Event, in accordance with Bespoke’s packages
- skilled workers will be engaged to deliver the best possible services to the client;
- training will be provided to all staff with respect to their proposed duties during the event and ensure that they act with care, courtesy and professionalism in their interactions with the public;
- Where required by law or best practice, Bespoke staff carry relevant training and certification, including:
- Responsible Service of Alcohol (RSA), Responsible Persons
- Senior First Aid
Safe Work Place:
- Bespoke will ensure that its employees, agents and subcontractors are adequately supervised at all times while performing their duties, and undertake their duties with skill and care.
- Bespoke will promptly notify the Client of any incidents that occur in a timely manner.
Bespoke will maintain public liability and property insurance of an amount which is sufficient to cover any claims of injury to persons or damage to property that may be attributable to the actions of its staff and representatives. Bespoke will provide an electronic copy of the Current Certificate of Public Liability before the commencement of the event.
- Bespoke upholds all Consumer Guarantees (including right to refund or cancellation of services) under current Australian Consumer Law in any case where there is a genuine cause to seek refund or cancellation. This does not protect the client when they:
- change their mind
- insist on having a service provided in a particular way, against the provider’s advice
- fail to clearly explain your needs to the provider.
DISPUTE RESOLUTION and Non-Payment
- Should a situation arise where there is an ongoing and unresolved dispute between Bespoke and the Client, Bespoke may request to enter into mediation. Full details of the company’s dispute resolution procedure is available on request.
- In the event that an monies remain unpaid to Bespoke (including travel costs) for a period of more than 14 days after the due date, Bespoke will refer any debt to a third party for collection. The client will be responsible for any recovery costs incurred as well as the original debt.
MUTUAL OBLIGATIONS AND WARRANTIES
Both parties agree that they:
- have legal capacity, power and authority to enter into this Agreement;
- will act lawfully and will comply with any applicable licenses, laws, regulations, industry codes of conduct, health and safety requirements and Australian standards in performing the Services;
- will conduct all communications, written and verbal with respect and civility at all times. This includes any dispute resolution or the like.
Bespoke warrants that:
- in performing the Services it will act with due care and skill;
- it has complied with all applicable legislation, awards and industrial instruments in engaging or employing all persons who will perform the Services in accordance with this Agreement;
- Bespoke is firmly committed to quality, consistency, and exceptional customer service. Bespoke regularly undertakes to train and review its staff in order to support them in the delivery of quality service. This includes de-briefs with staff after each event. At any time should the client feel that there is an issue in terms of quality, they are encouraged to contact the Director, Peta-Anne Louth (firstname.lastname@example.org) and discuss the matter.
Governing law and jurisdiction:
This Agreement is governed by the laws of South Australia and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in South Australia.