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On Cue Entertainment

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Terms and Conditions

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Last update: 31 May 2020

PLEASE READ THESE TERMS AND CONDITIONS OF HIRE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE PAYMENT TERMS, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

 

 

1. Definitions and interpretation

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For the purpose of these Terms and Conditions, the following definitions apply.

  • The Company (We, Us or Our) - means On Cue Entertainment.

  • Entertainers (Event Attendants) – DJ(s) / Karaoke Host(s) / Performer(s) that provide the Service(s) for the purposes of the Booking.

  • Services - includes, but is not limited to, the provision of DJ, Wedding DJ, Wedding Planning, Corporate DJ, Functions DJ & Karaoke Host services.

  • Customer or You - means People or Corporations engaging the Services of On Cue Entertainment (the Company) via Our website or any other means.

  • Booking – The sale of the service(s) to the Customer from the Company.

  • Booking fee or Fee - The total ($) amount for the Services, which may include, but is not limited to, a Parking fee, Overtime fee and Idle time fee.

  • Reservation fee –   A 30% payment of the booking fee that reserves our services for the date of your event.

 

 

2. Our services

 

  • Set out herein, and as may be amended from time to time (Agreement).

  • The Company provides DJ and Event services to Customers.

  • In the occasion that The Company has a prior booking on your preferred date an Independent Contractor to suit your event can be supplied. Independent contractors are not employees of the Company.

  • On the occasion that an Independent Contractor is supplied for your event, the audio & lighting may differ as per listed on the Company website, but will remain of an equal standard.  

  • Entertainers are hired at a flat Fee, for a time frame and Fee agreed between the Company and the Customer.

  • Overtime is at the discretion of the Customer and the DJ and constitutes a separate agreement between You and the DJ. The DJ can refuse your request to continue into overtime at their discretion.

  • Event services are hired at a flat Fee, for a time frame and Fee agreed between the Company and the Customer.

  • For the event services to be hired over the agreed time frame an Overtime Fee will be charged in half hour & one hour brackets. Overtime is payable in cash (unless arranged with the Company upon booking) to the Entertainer prior to any overtime commencing. The Entertainer can refuse your request to continue into overtime at their discretion. Overtime fee will be discussed upon booking.

  • If there is any unsociable behaviour, we reserve the right to terminate the service, No refunds will be provided. Unsociable behaviour includes, but is not limited to, drunken, rowdy and potentially life and property threatening behaviour.

  • We may take photos and videos at your event for marketing purposes, unless advised otherwise in writing prior to your event.

  • The Company or Individual Contractor will arrive approximately one to two hours before the start of your event to set up all equipment,  however, there may be conditions which will delay their arrival.

  • If You require the equipment (DJ equipment or Event services equipment) to be set up earlier, an Idle time Fee will be incurred of $50 per hour.

 

 

3. Payment and cancellations

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Quote

  • When a Customer requests a quote for Our services, or otherwise engage Our services, The Company will issue the Customer with a fee quotation for their event.

 

Reservation fee

  • Upon accepting the Quote, the Customer will be required to pay a 30% Reservation fee (Reservation fee) within 14 days of acceptance as part of your total Booking fee. This Reservation fee is non-refundable once paid but is transferable.

  • Once the Reservation fee is paid, the booking will be confirmed (Booking).

 

Payment in full

  • All Booking fees are to be finalised no later than 14 days before the event (unless prior arrangements have been made with the Company). Customers with bookings not finalised 14 days before the event may have their event cancelled and deposit forfeited.

 

Cancellation

  • The Customer may cancel the Booking by providing us with intent to cancel in writing.

  • If full payment has been made, the difference between the Reservation fee and the total quote will be refunded (70% of the total Booking fee).

  • If the cancelation of your booking is within 28 days of your event date you will be charged the full amount of the agreed Booking fee. Special exemptions can be made in extreme circumstances regarding the refund of payments.

  • If in the unlikely event that the cancelation of the booking is the fault of the Company, all monies will be fully refunded.

 

 

4. Limitation of Liability and Indemnity

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  • We cannot and do not control the conditions or legality of any venue/property where an event is held. To the fullest extent permitted by law, We are not responsible for, and disclaim any and all liability related to any and all such venues/properties.

  • To the fullest extent permissible by law, We are excluded from all liability for direct, indirect, and consequential or incidental damages, loss of profits or savings or damages resulting from loss of expectation, or any other loss or damage, suffered by the Customer in relation to a booking at an event.

  • The Customer agrees to indemnify Us and Our contractors, sub-contractors and agents (the Indemnified), to the fullest extent permissible by law, for any costs, expenses, losses, damages suffered or any claims made by the Customer or third parties to the Indemnified arising out of the Event, for any reason, or out of Customer’s breach of this Agreement and any act or omission of the Customer in connection with the service or the event.

  • In the event that We are liable to a Customer, Our liability will be limited to refunding any monies paid by the Customer in relation to the services in respect of which the claim arose.

 

 

5. Customer Responsibilities and Warranties

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  • The Customer is solely responsible for providing the DJ with a safe performance area and We are not liable for any damage caused by a failure to maintain a safe performance area or damage incurred by the Customer as a result of the Customer providing an unsafe performance area.

  • The Customer agrees to provide Us with accurate information about the particulars of the Event, including date, location contact details and details of the event, and We are not liable for any error made by the Customer in providing such information.

  • The Customer is solely responsible for obtaining all necessary permits, consents, approvals, etc, required to undertake the event and We are not liable for any failure to obtain such permits, consents and / or approvals.

  • The Customer is solely responsible for providing a safe and secure power source sufficient for the requirements of the DJ or delivery of event services from entertainers at the event.

  • The Customer agrees to take all reasonable steps to prevent any persons from impeding on the Entertainers performance and / or delivery of event services from the Entertainer(s).

  • The Customer agrees to provide the Entertainer(s) with secure storage at the event to accommodate all equipment carried by the DJ or Event attendant.

  • The Customer agrees to provide the Entertainer(s) with all meals and refreshments while the DJ or Event attendant is at the event, and free parking for the event.

  • The Customer acknowledges that We accept no responsibility or liability for any failure or delay on the part of the DJ or Event attendant or other relevant third party to perform or deliver services at the event, nor are We responsible or liable for any acts or omissions of DJ or Event attendants or relevant third parties in the course of delivery of the services.

 

 

6. Breach of Terms and Conditions

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  • If a Customer breaches this Agreement, without limiting the remedies available, We may without notice:

    • Cancel a Booking without providing a refund;

    • Restrict the Customer from making or participating in future Bookings with Us.

 

7. General

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RESERVED RIGHTS

  • Without limitation to all other rights enjoyed by Us, We expressly reserve the right at any time to:

    • Modify this Agreement as provided herein;

    • Change the website, including eliminating or discontinuing any content on or feature of the website, and/or adding new features, categories;

    • Change Our Fees;

    • Change, edit, add to, disable or delete any information or imagery at our sole discretion, or other website content, without notice;

  • Invalidation of any provision of this Agreement shall not impair or affect in any manner the validity or enforceability of the remaining provisions, which in such case shall remain in full force and effect.

  • This Agreement is governed by the laws of Victoria, Australia. Customers irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

 

 

8. Force Majeure

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  • We will not be liable for failing to perform under the Agreement by the occurrence of any event beyond our reasonable control, including but not limited to strikes, failure of a utility service or transport network, personal injury or illness of an Entertainer, death of an immediate family member of an Entertainer, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental and/or local authority order, rule, regulation or direction, accident, breakdown of transport, fire, flood, storm, epidemic, pandemic or default of suppliers or subcontractors.

 

 

By engaging our services, you agree to be bound by the Terms and Conditions.

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