Terms and Conditions
We are Team Tactics, a team of award-winning corporate event specialists.
You can contact us by telephone on 0203 905 1750, email us on info@teamtactics.co.uk, or through our website at www.teamtactics.co.uk
DEFINITIONS AND INTERPRETATIONS
- In these Conditions the following definitions and rules of interpretation apply:
- ‘The Client’ means the individual, firm or company set out in the booking form with whom the Company contracts for the provision of the Event.
- ‘The Company’ means Team Tactics Ltd (company no. 04629461) whose registered office is at Stone Stile Oast, Selling, Faversham, Kent, ME13 9SD.
- ‘The Conditions’ means these terms and conditions, as amended from time to time in accordance with clause 11(h).
- ‘The Contract’ means the contract (incorporating the booking form) relating to the Event which the Company is to provide to the Client and the Participants in accordance with these Conditions.
- ‘The Event’ means the event, activity, or occasion set out in the booking form which the Company is to provide to the Client and the Participants in accordance with terms of the Contract.
- ‘The Participants’ means the individuals who are employees, associates or guests of the Client who will participate in the Event.
- ‘The Price’ means the price payable for the Event in accordance with clause 4(a), excluding any Additional Charges.
- ‘The Additional Charges’ means the additional charges payable by the Client in addition to the Price for the extras set out on the booking form or otherwise agreed in writing between the Company and the Client including, without limitation, charges for travel, accommodation and refreshments for the Company’s employees and agents.
- A reference to legislation or legislative provision is a reference to it as amended, extended or re-enacted from time to time, and shall include all subordinate legislation made from time to time under that legislation or legislative provision.
- A reference to writing or written includes email but not fax.
CONTRACT TERMS
- By submitting a booking, the Client is making an offer to the Company to book the Event. The Contract shall be made between the Company and the Client when the Client has signed the Company’s booking form, or otherwise indicates in writing that it accepts the Company’s terms regarding the Event, and the Company has issued a complete signed and dated copy of the Contract, or otherwise accepted the booking in writing. Each booking of an Event shall constitute a separate contract between the Company and the Client.
- The Company has taken every care to ensure that the description and other details of the Event, and any images or illustrations are accurate, however, such materials are published for the sole purpose of giving an approximate idea of the Event and other services offered by the Company, and shall not form part of the Contract.
- The Company reserves the right to correct any typographical or other error or omission in any promotional literature, brochure, website, quotation, or other documentation relating to an Event without incurring any liability to the Client.
- The Company makes no recommendation or representation as to the suitability of the Event for the Client or any Participant.
- These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
- The Company reserves the right to refuse entry to, or prevent a Participant from participating in, the Event if the Company, in its sole opinion, reasonably believes that the Participant is intoxicated, under the influence of drugs, or is otherwise unable to safely participate in the Event.
- Unless otherwise indicated in the booking form, the Client hereby consents, and shall obtain consent from each Participant, to persons authorised by the Company photographing, recording or filming the Event, and agrees to the Company using such photographs, recordings or video footage for promotional, reporting or other purposes as the Company sees fit. The Client shall promptly notify the Company in writing of any Participant who refuses to give their consent, and in any event before the date of the Event.
- Any quotation given by the Company shall not constitute an offer. Unless otherwise agreed in writing by the Company, a quotation is valid for 28 days unless altered or withdrawn by the Company.
CLIENT’S OBLIGATIONS
The Client shall:
- on demand, promptly provide the Company and its agents with such information and documentation, and shall procure that the Participants provide such information and documentation, including liability waivers and any dietary requirements of any of the Participants, as the Company or its third party suppliers require in order to provide the Event, and ensure that the details of the booking and information provided to the Company and its agents in relation to the Contract and Event are complete and accurate in all respects;
- co-operate with the Company, and any third party supplier engaged by the Company in relation to the Event, in all matters relating to the Event, including carrying out any risk assessments required in relation to the Event;
- procure that the Participants comply with the terms of the Contract;
- appoint a person who shall have full authority to act on behalf of and bind the Client in respect of all matters in relation to the Contract and the Event to liaise with the Company in relation to the Contract and the Event;
- ensure that it obtains appropriate insurance to cover cancellation, delay, travel difficulties, ill-health and loss or damage to person or property, and other risks reasonably associated with the Event;
- comply with any additional obligations set out in the booking form, or otherwise notified by the Company to the Client in writing.
The Client warrants that:
- it is duly authorised to book the Event for the Participants, and liaise with the Company on behalf of, and provide information in respect of, the Participants; and
- any information provided by the Client to the Company in respect of the Event, including any information regarding the Participants, is true, accurate and complete in all respects.
- The Client shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with:
- any breach by the Client of its obligations under the Contract;
- any claim made against the Company by a Participant arising out of or in connection with the Event;
- any damage caused by the Client or any of the Participants to the venue or property belonging to the Company, its agent or third party suppliers.
PRICE AND PAYMENT
- Unless otherwise agreed by the Company in writing, the price for the Event shall be the price specified in the booking form or, if no price is specified in the booking form, the price specified in any quotation given by the Company (“the Price”).
- The Company reserves the right to adjust the Price and the cost of the Extras at any time in order to take account of any price increases imposed by the Company’s suppliers or any other additional cost incurred for any reason beyond the reasonable control of the Company.
- The Price and Additional Charges are exclusive of VAT and any other applicable duty or taxes, which are payable by the Client.
- Any invoice issued by the Company to the Client shall be payable in full and cleared funds in sterling to such bank account nominated by the Company within 7 days of the date of the invoice. Irrespective of whether an invoice has been issued by the Company, payment of the Price and Additional Charges is due not less than 8 weeks prior to the Event or such other date specified in the Contract, unless otherwise agreed in writing by the Company.
- The Company reserves the right to charge interest on any overdue sum from the due date until payment of the overdue sum, whether before or after judgment, at 2% above the Bank of England’s base rate from time to time, but 2% per annum for any period when the base rate is below 0%.
- If the Client fails to make a payment due to the Company under the Contract by the due date then the Company may, at its option:
- suspend the Event; and/or
- cancel the Contract,
in each case, without any liability to the Client.
FORCE MAJEURE
The Company shall not be in breach of the Contract nor liable to the Client for delay in performing, or failure to perform, any of its obligations under the Contract, or the cancellation or disruption of the Event, if such delay, failure, cancellation or disruption, results from events, circumstances or causes beyond the Company’s reasonable control.
LIMITATION OF LIABILITY
- References to liability in this clause 6 include every kind of liability arising under or in connection with the Contract including, but not limited to, liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
- Nothing in these Conditions limits any liability which cannot legally be limited.
- The Company shall have no liability to the Client or any Participant in the event a Participant is prevented by the Company or a third party supplier engaged by the Company from participating in the Event pursuant to clause 2(f) or otherwise.
- The Company shall have no liability to the Client for any failure or delay to provide the Event or otherwise comply with its obligations under the Contract to the extent that such failure or delay is caused by the Client’s failure to comply with its obligations under the Contract.
- To the fullest extent permitted by law and subject to the other provisions of these Conditions, the Company shall not be liable to the Client or the Participants for:
- any loss, damage or injury to any person or their personal property whilst attending or participating in the Event; or
- any indirect or consequential loss or loss of profit, loss of business, depletion of goodwill, loss of opportunity or any other economic loss arising out of or in connection with the Contract.
- Subject to the other provisions of these Conditions, the Company’s total liability to the Client shall not exceed the sum of monies actually received by the Company from the Client under the Contract.
- The Company has no control over any venue and accepts no liability for any acts of omissions on the part of persons operating the venue or on the part of their contractors or agents.
CANCELLATION
- If the Client cancels the Event, all cancellation charges relating to venues, subcontractors or suppliers will be met by the Client and the Client will also incur the following cancellation charges of:
- 100% of the Price payable if cancelled 8 weeks or less prior to the date of the Event.
- 75% of the Price payable if cancelled between 8 weeks and 4 months prior to the date of the Event.
- 50% of the Price payable if cancelled 4 months or more prior to the date of the Event.
- The Company reserves the right to cancel the Event for any reason, in which case the Company shall refund in full the sum of monies actually received by the Company from the Client under the Contract, usually within two weeks of cancellation. The Company’s total liability to the Client in respect of cancellation of the Event by the Company shall be limited accordingly.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after cancellation or expiry of the Contract shall remain in full force and effect including, without limitation, clauses 6 and 10(c).
VARIATION OF ARRANGEMENTS
- The Company reserves the right to make changes to the Event content, format, venue, dates or timing without incurring any liability to the Client. The Company shall notify the Client of any material changes to the venue, dates or timings as soon as is reasonably practicable; other changes may be made without notice.
- Where the Event is cancelled or the date, venue or Event itself is changed by the Client, or the Company’s third party supplier, the Company shall use its reasonable endeavours to offer the Client an alternative event date, venue or activity (as the case may be) (“the Alternative”). If the Client accepts the Alternative, details of the Event, the date, time and location of the Event, and the Price shall be deemed to be amended accordingly. All other terms of the Contract shall remain the same unless otherwise agreed in writing between the parties. If the Client rejects any alternative the Company will be entitled to treat the Contract as cancelled by the Client and the cancellation terms set out in clause 7 of these Conditions will apply.
- The Company shall not have any liability to the Client if it is unable to offer an Alternative. The Company will be entitled to claim any costs or expenses already incurred in connection with the Client’s existing booking as per the cancellation terms set out in clause 7 of these Conditions.
INSURANCE
The Company maintains public liability insurance cover for the amount of £5 million GBP.
INTELLECTUAL PROPERTY RIGHTS
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- All and any intellectual property rights in the Event and any photographs, recordings and video footage (other than any intellectual property rights in any materials or information provided by the Client) shall be owned by the Company and/or its third party suppliers.
- To the extent the Company owns the intellectual property rights, or is permitted to grant a licence of intellectual property rights, the Company grants to the Client, free of charge, a non-exclusive, worldwide licence in respect of such intellectual property rights to the extent necessary to enable the Client to make reasonable use of any photographs, recordings and video footage taken during the Event.
- Any intellectual property rights owned by a third party, which the Company is not permitted to licence to the Client, must be licensed by the Client directly from the relevant third party.
GENERAL
- Should the Client encounter a problem or complaint on the day of the Event, it is the responsibility of the Client to advise the Company (by telephone 0203 905 1750 or email via info@teamtactics.co.uk) or make event staff aware as soon as possible on the day of the Event in order to give the Company the opportunity to address the matter.
- The Client and the Company each undertake to comply with the Data Protection Act 2018 in respect of all personal data supplied and processed in connection with the Contract. The Company shall process personal data in accordance with its privacy policy from time to time, which is available via teamtactics.co.uk/privacy-policy.
- Any information exchanged in the course of the Contract shall be treated as strictly confidential by the Company and the Client, and each party agrees not to use such information for its own purposes (other than the implementation of the Contract), nor without the prior written consent of the other party, disclose to any third party (except professional advisers, the Company’s third party suppliers, or as may be required by any legal or regulatory authority) any such information, unless such information is public knowledge already at the time of disclosure, or subsequently becomes public knowledge other than by breach of the Contract, or subsequently becomes lawfully into the possession of either the Company or the Client from a third party. The Company and the Client shall each use their reasonable endeavours to prevent the unauthorised disclosure of any such information.
- If any court or competent authority decides that any of the provisions or any part of any provision of the Contract is invalid, unlawful or unenforceable to any extent, that provision, or part provision will, to that extent only, be severed from the remaining provision or provisions, which will continue to be valid to the fullest extent permitted by law.
- Failure to enforce any obligation or exercise any right or remedy available under the Contract does not mean that such obligation, right or remedy has been waived. No waiver shall be effective unless expressed to be a waiver in writing.
- A person who is not a party to the Contract (including, for the avoidance of doubt, a Participant) shall have no right under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
- Except as set out in these Conditions the Client may not assign or deal in any manner with its rights under the Contract without the Company’s prior written consent. The Company may assign or deal in any manner with its rights under the Contract, any sub-contract or delegate any of its obligations.
- Except as set out in these Conditions, no variation of the Contract shall be valid unless agreed in writing and signed by the parties (or their authorised representatives).
- The Contract shall be governed by English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English courts.