Musical Movements Ltd Terms and Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we will be supplying our DJ and event production Services to you, hereafter referred to as the ‘Services.’
1.2 Why you should read them. Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. Any variation of these terms will be mutually agreed in writing between us.
2. Information about us and how to contact us
2.1 Who we are. We are Musical Movements Limited a company registered in England and Wales. Our company registration number is 08384106 and our registered office is at Victoria House, 18 Dalston Gardens, Stanmore, Middlesex, HA7 1BU. Our registered VAT number is 229 9144 83.
2.2 How to get in touch. We predominately use telephone or email to correspond and as such, you can contact us at 020 3633 3717 or [email protected]. We will contact you via the telephone number/email you have given to us.
2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes email.
3. Our contract with you
3.1 Quotation. We will firstly send you a bespoke quotation for the Services requested. You understand that we often have multiple requests for the Services for one day and as such you agree to let us know within 7 days if you are happy to place an order with us. This means that we will not agree to book another customer for your event date for these 7 days only. The quotation will include the amount of deposit due upon Order Confirmation (please see clause 3.2).
3.2 How we will accept your order. Our acceptance of your order will take place when we write to you to accept it and any order agreed via telephone or in person will be followed up with an email confirmation of the same, at which point a legally binding contract will come into existence between you and us. The terms and conditions of the contract between us consist of these terms and conditions and the other items listed in your Order Confirmation. This Order Confirmation will include:
a) A description of the Services and shall include the date of your event, venue, your preference of DJ (if specifically, requested and subject to availability) and any event production items you have selected;
b) Any reasonable and expected expenses we will incur as a result of your booking (e.g. flights or hotels). Please see clause 4.8 b) for further information on expenses;
c) The deposit/booking fee payable and payment instructions;
d) An itemised price list of the Services/if a package has been offered, the total price of that package and what this includes. All packages and services are based on finishing time no later than 12am & with a maximum of 6 hours (Usually 6pm to 12am) unless otherwise stated. Additional fees apply for extensions.
e) An invoice with payment instructions for the remaining Balance of the price; and
f) A copy of these terms and conditions.
4.1 Subject to clause 8, a £600 non-refundable deposit / booking fee per date of Services (unless otherwise stated) as stated on your Order Confirmation must be paid by you on the day of or within 3 working days of the Order Confirmation. (the ‘Deposit’).
4.2 The Deposit is a reservation of the Services for the relevant date and time and also reflects any expenses and resources incurred by us in preparing for the provision of the Services including but not limited to meetings, tele calls, emails, venue site visit, time spent on playlists, materials ordered on your behalf, reservation of 3rd party suppliers for your event etc. On booking, a fee is also transferred to the DJ to secure them for your event.
4.3 The remaining Balance of the total cost of Services, must be paid 4 weeks prior to the date of your event.
4.4 Where to find the price for the Services. The price of the Services (which includes VAT) will be the price set out in your invoice provided to you in your Order Confirmation unless we have agreed another price in writing.
4.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
4.7 Other charges.
a) Venues that require a deposit from us or any other fees chargeable by the venue in order for us to provide the Services, must be paid directly to the venue by you.
b) For international bookings, you shall be liable for our reasonable hotel, flights, visa (if applicable) and transfers (including taxis to airport) costs. If no food is provided by you, we will be charging £50.00 a day to cover food expenses.
5. Your rights to make changes
5.1 If you wish to make a change to the Services (e.g. adding a service) please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 Changes to your date or venue. A change of date or venue is subject to the availability of the Services and ability to perform the Services at the new venue. Whilst, we will try to accommodate you as much as we can, if we cannot, please see clause 8 in relation to termination of this contract.
6. Our rights to make changes
6.1 Changes to the Services. We may change the Services:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements;
(c) the venue does not allow a certain part of the Service, although we will try our best to ensure this is dealt with at a site visit.
We shall inform you in advance of any change.
6.2 You understand that a request for a specific DJ is subject to their availability only and in the event that your selected DJ cannot perform on the date of the event for whatever reason, we shall contact you with reasonable notice and mutually agree an alternative and suitable DJ for the event.
7. Providing the Services
7.1 Our other obligations to you. If the venue requires any of the following, risk assessments, public liability, PAT certificates, method statements, health and safety information, we shall provide this on your request, subject to such request being no later than 14 days prior to the date of your event.
7.2 We are not responsible for delays outside our control. If our performance of the Services is affected by an event outside our control (including but not limited to, any acts of God, war, fire, breakdown of plant or machinery, epidemic or pandemic any law or action taken by a government or public authority) then we shall take steps to minimise the effect of the delay or offer you a postponement (subject to availability) or credit note. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received, subject to us retaining any expenses reasonably incurred in performing our obligations under this agreement.
7.3 Your obligations to us. In order for us to effectively provide the Services, you shall:
a) Arrange a site visit with the venue, at a time convenient to us;
b) Provide us with:
(i) An itinerary of the event with specific start and finish times approved by the venue. Music will stop exactly at the time specified (Unless told differently from the venue)
(ii) A list of your other suppliers for the event and a contact at that supplier; and
(iii) Any images, slideshows or display content in the format advised to you by us in advance.
c) Arrange directly with the venue, all necessary consents and permissions for us to access, set up and take down the equipment in relation to the Services on the date of your event and at the times informed to you by us (taking into account the itinerary of your event);
d) Arrange directly with the venue, loading bays and parking spaces for us which will not be liable to any penalty or fines for contravention of parking. You shall indemnify us for any fines which we incur as a result of you not complying with your obligation under this clause;
e) Pay any necessary charges to the venue (please see clause 4.8 a) for further information) as necessary in order for us to undertake the Services;
f) Promptly update us with any information that is likely to affect our provision of the Services to you (e.g. timings, turnaround times, access);
g) Provide all reasonable co-operation to us in providing the Services to you, as advised to you from time to time and in advance;
h) During your event, you shall take all reasonable steps to ensure that you or your guests do not damage our property. In the event that our property is damaged by you or your guests, we reserve our right to claim these damages from you.
i) Provide food for the DJs & staff at the same time as the guests
If you do not undertake your obligations specified in clause 7.3 a)-I) in a timely manner and nonetheless, within 3 weeks prior to the date of your event, or you provide us incomplete or incorrect information and after a reminder from us, you do not provide this, we may make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result and we will not be responsible for providing the Services late or not providing any part of them if this is caused by you not giving us the information or if you fail to meet your obligations under this clause.
7.4 Musical Movements do not warrant, guarantee or undertake on behalf of any third-party supplier or service provider that the said provider shall attend the event date and perform, or carry out the third-party service. This includes the DJ.
8. Cancellation by you and the Deposit
You may contact us at any time to end the contract for the Services, but in some circumstances, we may charge you certain sums for doing so, as described below.
8.1 This clause applies to the following: where the client (a) cancels the entire event, (b) cancels partial use of the facilities for the event or (c) reduces the duration of the event as a result of which the contracted value is reduced.
8.2 Should an event be cancelled; the following cancellation charges will apply and extend to the total charge. In addition, the client will settle any third-party charges incurred by Musical Movements on behalf of the client.
Cancellation Clause %
If you cancel more than 90 days in advance of your event, for any reason, we can offer the following:
a) A postponement of the Services at the same price, to a later date within 1 year of the date of the original event date, subject to our availability to provide the Services; or
b) A transfer of the Deposit to a friend/relative, subject to our availability to provide the Services and them agreeing to these terms and conditions.
In the event, that you do not wish to take up either of these offers, we reserve our right to retain the Deposit for the costs incurred by us and charge you for any further costs we incur as a result of the cancellation at a late stage.
8.3 Cancelling with 90 days or less in advance of the date of your event. The Client is liable for full payment.
8.4 All cancelations must be received in writing from the client and will be deemed to take effect from the date of receipt.
8.5 Any postponements of confirmed and contracted business will be considered as a cancellation in accordance with the above cancellation clause. However, provided the revised event date is agreed at the time of cancellation and takes place 90 days of the original event date, payments received by Musical Movements from the client shall form a credit towards the future event. This is subject to Musical Movement’s availability.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you are in breach of your obligations under clause 7.3 and you do not within a reasonable time of us putting you on notice of your breach, remedy it.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. If there is a problem with the Services
10.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can contact us by telephoning our consumer service team at 020 3633 3717 or by writing to us at [email protected]. If you have a complaint on the date of the event, please approach the member of our team at the event who will be available to discuss any concerns you have.
11. Our responsibility for loss or damage suffered by you
11.1 Our liability to you. Subject to clause 11.2, if we breach this contract and you incur any loss or damage which is a foreseeable result of our breaking this contract, we will indemnify you for any reasonable and proportionate losses or damages incurred.
11.2 We shall not be liable to you for the following losses:
a) Any loss suffered by you as a result of your breach of clause 7.4; and
b) A failure or breakdown of any of the electronic equipment used as part of the Services by a reason out of our control or any power failure which affects our ability to provide the Services.
11.3 In any event and subject to clause 11.4, our total liability to you under this contract shall not exceed to total fees payable for the Services.
11.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
12. How we may use your personal information
12.1 Data we collect. We may collect, use, store and transfer different kinds of personal data about you including:
a) first name, maiden name, last name, title, date of birth
b) billing address, delivery address, email address and telephone numbers
c) bank account and payment card details
12.2 If you fail to provide personal data. Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
12.3 How we will collect data from you. We will collect your data directly from you.
12.4 How we will use your personal information. We will use the personal information you provide to us to:
(a) provide the Services; and
(b) process your payment for such Services.
12.5 Change of purpose. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
12.6 Sharing your data with third parties. We may share your data with your suppliers or other suppliers we may use to provide the Services.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
12.7 Data Security. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
12.8 Data retention. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes. In some circumstances you can ask us to delete your data. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
12.9 Your legal rights. Under certain circumstances, you have rights under data protection laws in relation to your personal data. For example;
a) Request access to your personal data.
b) Request correction of your personal data.
c) Request erasure of your personal data.
d) Object to processing of your personal data.
e) Request restriction of processing your personal data.
f) Request transfer of your personal data.
g) Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
12.10 Time Limit to respond. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
12.11 Complaints. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
13.2 When you can transfer your rights under this agreement. You may only transfer your rights or your obligations under these terms to another person with our written consent. We may withhold our consent if we cannot provide the Services on the date or at the venue of another person.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.
14. Outdoor Weddings / Events
14.1 We shall not be liable for delays to service caused by the weather (including, but not limited to, general rainfall).
14.2 You agree to be fully liable for any damages or losses caused to us, our equipment or cabling by weather conditions (including but not limited to rain or storms)
14.3 You must ensure that the DJ is provided with suitable covering for his/her equipment for any outdoor event. (This does not include bin liners or umbrellas, but may include, but not limited to gazebos or roofing).
All complaints should be made in writing within 7 days of the event to [email protected]