Terms and Conditions
By using our services you agree to the following Terms and Conditions.
1. Confirmation and Deposit
No enquiry regarding services supplied by Audio Difference will be deemed a “confirmed booking” until a deposit of 25% is received and acknowledged by ourselves in writing. In the event of any subsequent cancellation by the client, the deposit amount is non-refundable.
2. Payment
Unless agreed and confirmed in writing by Audio Difference, payment for the agreed service is required in full no less than 24 hours before the show/event/performance is due to commence and is payable by electronic bank transfer to the account designated on the payment invoice.
Any additional fees arising from failure by the client to meet with the following Terms and Conditions are payable by the client on the day of the show/event/performance and an amended invoice will be supplied by Audio Difference within 5 working days.
3. Invoicing
If a credit payment is agreed in writing. Invoice terms are 21 days following the show/event/performance date and is payable by electronic bank transfer to the account designated on the payment invoice. The DUE BY date will also be shown on the invoice.
4. Late Payment
Audio Difference reserves the right to charge interest at 8% above the Bank of England Base Rate for late payments in accordance with the Late Payment of Commercial Debts Act 1998 and shall be calculated from the day following the DUE BY date as shown on the invoice. Interest will be calculated and charged on a daily basis and based on the rates current on the due by date.
In addition to this, the client may be subject to a late payment fee of £20. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and /or through the Small Claims Court so long as the outstanding balance does not exceed £3000. In such circumstances, the client shall be liable for any and all additional administrative and /or court costs.
5. Cancellation
Any cancellation must be in writing and can be in the form of email, ‘text message’ or any other physical/electronic means or by letter post. We are unable to accept cancellations by landline telephone.
In the unlikely event that Audio Difference are unable to attend your event personally in order to provide Set-up, Sound, Lighting, Technician services or any other services due to unforeseen circumstances such as but not limited to; accident, death or sudden illness, Audio Difference will endeavour to provide a suitable substitute of similar standards for your event.
Whilst every effort will be made to supply a replacement, Audio Difference cannot guarantee this and in such cases the client shall receive a full refund for any services not carried out and may seek to claim compensation to a maximum value not exceeding the total contracted value of services not carried out.
Audio Difference will not be held liable for non-fulfilment of contract by any contracted artiste arising from any inability to provide the agreed services where all reasonable steps have been taken by Audio Difference to find an alternative supplier arising from but not limited to accident, death or sudden illness of it's personnel.
6. Cancellation Fees
i. A cancellation of services within 48 hours of the show/event/performance date shall result in the full agreed amount being payable with no refund available.
ii. A cancellation of services between 48 hours and 7 days of the show/event/performance date shall result in a 75% charge of the final amount being payable.
If the client has already paid the full amount, they will receive a refund of 50% (75% of total charge minus 25% non-refundable deposit) within 14 days of us receiving written confirmation of the cancellation.
iii. A cancellation of services between 7 and 21 days of the show/event/performance date shall result in a 50% charge of the final amount being levied.
If the client has already paid the full amount, they will receive a refund of 25% (50% of total charge minus 25% non-refundable deposit) within 7 days of us receiving written confirmation of cancellation.
iv. In the event of a cancellation of services more than 21 days in advance of the show/event/performance date, there shall be no further charge, however the 25% deposit amount for the booking remains non-refundable.
email: audio.difference@gmail.com.
7. Safety and Conduct at Events
As the client, you agree to provide or arrange for adequate supervision or security of guests at all times and agree to be held responsible for the actions and conduct of all persons attending your event, whether invited or not. Audio Difference reserve the right to offer our services in a safe environment and should any of our personnel feel that they are under threat from any physical or verbal abuse or that there is significant risk of damage to equipment, then we reserve the right to terminate the service early and leave with full payment still required.
8. Damage or loss of Equipment
The client agrees that compensation may be sought for any damage or loss incurred to items of equipment belonging to Audio Difference and it’s personnel including vehicles or personal belongings arising from negligence or wilful action by the client, the client’s guests or any other persons present (whether invited as a guest or not). The client shall also be held liable for any damage or loss incurred to equipment during any period where the equipment is in the possession or care of the client.
Where damage or loss has occurred, the client shall be responsible for repair / replacement costs of the equipment up to but not exceeding the full replacement cost at the current market value. Where repair / replacement costs are incurred, an administration fee of up to £40 may also be charged in addition to the repair costs.
Any payment for repairs or replacement shall be due within 7 days and failure to make payment within this time shall result in a late payment fee as described in Section 4.
Late Payment above.
9. Outdoor Use of Equipment
Unless otherwise specified, all equipment is permitted solely for indoor use. Audio Difference may consent to the use of equipment outdoors although agreement must be sought at the time of the booking enquiry.
It is the responsibility of the client to ensure that adequate protection from rain or damp conditions is provided for equipment supplied by Audio Difference to protect from damage and to ensure the safety of the user and all persons present at the show/event/performance.
If Audio Difference or it’s personnel consider that equipment is at risk of damage or there is a risk to safety due to adverse weather conditions where the client has made insufficient provision to protect equipment from wet or damp conditions, then Audio Difference reserves the right to terminate the contracted services early with the full amount payable for services still applying.
Fees shall apply for any damage to equipment from adverse weather conditions as detailed in Section 8, Damage or loss of Equipment.
10. Venue and Access
The client will appreciate that suitable time for venue access, safe installation and safe dismantling of equipment and subsequent removal of equipment is required. It is the responsibility of the client to ensure that there is access to the venue within a reasonable time period before guests arrive, for safe installation of equipment and that reasonable time remains after the event for subsequent safe dismantling and removal of equipment.
The client must ensure that there is suitable access to the venue ensuring that safe loading of equipment in and out of the venue is possible. Any third party venue or nominated performance space should also have a full and current risk assessment in place regarding safe access and performance.
The client must ensure that there is access to a fuse protected, single phase, 230v earthed mains electricity supply fitted with BS approved 13A, 16A or 32A power outlets within 10 metres of the installation area.
The client appreciates that there is a minimum floor area and ceiling height required for the installation of equipment into the venue and it is the responsibility of the client to ensure that this is adequate. The client may ask Audio Difference to provide dimensions for specific items of equipment if such information is needed but it is the responsibility of the client to ensure that there is sufficient space for the intended installation.
The client must also ensure that there is suitable access to the venue ensuring that there is a car park within 30 metres of the venue door. The client will be held liable for any parking charges including PCNs that may be incurred by Audio Difference’s vehicles and staff when delivering and installing equipment.
The client must notify Audio Difference if there are any steps between the car park and the location where equipment is to be set up or if the use of a lift is required in order to access the area in which we are to set up equipment and appreciate that, owing to the extra efforts involved with carrying equipment upstairs that there will be an extra charge as follows:
i. No charge for up to five steps.
ii. £10 for between five and ten steps.
iii. £20 for between eleven and twenty steps.
iv. £30 for between twenty one and thirty steps.
Where the client is not familiar with the venue and there are stairs that we are unaware of, this additional charge will be incurred on the day but otherwise must be paid in advance. In the event that there are any more than thirty steps between the car park and the room in which we are to set up equipment, we reserve the right to cancel the event or provide a reduced set-up with full payment still required, however under these circumstances we may be willing to consider carrying out the event with an extra incurred cost agreed on the day.
11. Continuation of Sound / Engineering/ Lighting and Technician Services
If we are asked to continue our services beyond the finish time agreed in the booking agreement between Audio Difference and the client, continuation of services shall be charged at £40 per half hour per service.
12. Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of our website.
This Company’s logos are a trademark of this Company in the United Kingdom. The brand names and specific services of this Company featured on our websites are trade marked and subject to copyright.
13. Communication
Our e-mail address and other contact information, can be found on the “Contact Us” link on our website or via Company literature or via the Company’s stated telephone or mobile telephone numbers.
14. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control which causes the termination of an agreement or contract entered into nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
15. General
The laws of England and Wales govern these terms and conditions. By accessing our website, booking our services or buying or reserving our products for hire, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.