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Terms & Conditions of business

Revised Jan 2024

1.   Definitions:

1.1 Josh Hodges Audio Milton Keynes (JH Audio MK) is the freelance trading name of Joshua Hodges.

 

1.2 “JHAMK”, "we”, “our” or “us”, means JH Audio MK.

 

1.3 “Client”, “customer”, or “you” means any person or organisation to whom we are supplying services to. Any person(s) acting on behalf of the customer shall also be bound by this document. 

 

1.4 “Equipment” means the goods, components, tools, equipment or vehicles required to deliver a service.

 

1.5 “Booking conformation” / “Quote” means the document detailing the packages/equipment and/or services to be supplied to you, together with any special terms of business agreed between you (the client) and JH Audio MK.

 

1.6 “Services” means the package of equipment hire and services set out in the booking confirmation/quote.

 

1.7 JH Audio MK provides (organisational) advice, and deployable personal on an on call basis (freelance) to provide services involving and/or in regard to building, operating and or dismantling professional live audio equipment in temporary settings.

 

1.8 We reserve the right to update this document at anytime without notice to the public, it is the clients responsibility to review these terms prior to booking with us.

 

1.9 Should this document be updated during an active booking, JHAMK shall notify the client in writing of any changes, and the previous version of this document shall remain in force until the completion of the job.

 

1.10 This document has been made readily available on our website for your review. It is the clients responsibility to source these terms should they wish to view them before booking with us.

 

2.   Quotations, Offers and Acceptance:

 

2.1 The details and fees upon which we are prepared to supply equipment and or services to you shall be set out in a quote, email, text message. This will be sent together with these standard terms either in the form of a link to our website, or as a PDF copy.

 

2.2 This document is available in our email signatures from first contact and is also readily available on our website.

 

2.3 Receipt of an email, text message, or signed document from you, by JH Audio MK acknowledging acceptance of the booking confirmation/quote shall constitute acceptance of these Terms and Conditions.

 

2.4 By signing any relevant document regarding your event, using our services, or confirming a booking by email or text message, you automatically agree to all terms and conditions stated herein.

 

2.5 Until acceptance by way of signature of the booking confirmation/quote, or by written confirmation via email or text message has been received by JHAMK, we shall be under no obligation to supply equipment/services or any part thereof.

 

2.7 The signed quote must be returned to JHAMK via email within seven (7) days before the specified event date. Failure to return the document within this timescale will result in immediate termination of the booking. Any variation to this term shall be outlined by JHAMK upon booking.

 

2.8 By signing a quote or confirming your booking in writing via email/text message, you secure your booking with us for the date specified under “Event Date” and you agree to pay the full amount quoted upon receipt of the invoice.

 

3.   Prices, Payments and Invoices:

 

4.1 Where bank details have been provided to the client in writing or via invoice by JHAMK, all payments must be made in accordance to this document and any timescales specified on our invoices.

 

4.2 Invoices submitted by JHAMK after services have been provided must be paid within fourteen (14) days from the invoice date. A due date will be stated on all invoices.

 

4.3 Where agreed in advance, invoices submitted by JHAMK prior to services/equipment being provided must be paid no later than 7 days before the delivery/event date. Any variation to this condition will be detailed in the quote or confirmed via written communication. Failure to make payment within this time scale shall result in immediate termination of the booking, and JHAMK shall be under no obligation to provide equipment or services thereafter.

 

4.4 Where payment is not made by the invoice due date, JHAMK reserves the right to charge a late payment fee, at the rate of 8% of the total invoice value, calculated daily until fill payment is received by JHAMK.

 

4.5 Payment of late fees shall be without prejudice to any other rights, conditions, or remedies available to JHAMK.

 

4.6 Any legal fees or additional charges incurred during the recovery of monies, equipment, or related documentation shall be payable by the client upon receipt.

 

5.   Booking terms and Cancellations:

5.1 JHAMK reserves the right to terminate a booking with immediate effect if the client or named party is in breach of these Terms and Conditions.

 

5.2 Should you wish to cancel your booking or event, notice must be provided to JHAMK in writing at the earliest opportunity. Upon receipt and acknowledgement of cancellation, JHAMK reserves the right to charge a cancellation free as follows, calculated buy reference to the event date:

 

  • 20 days or more, 20% of the total invoice value to be paid.

  • 10-5 days, 50% of the total invoice value to be paid.

  • 5 days or fewer, 100% of the total invoice value to be paid.

     

5.3 Notice of postponement or rescheduling shall be treated as a cancellation. Any re-booking will be subject to availability, and additional fees may apply.

 

5.4 JHAMK reserves the right to charge additional fees if the client requests alterations or additions during the event.

6.   Running of events and Health and Safety:

 

6.1 We will offer health and safety advice free of charge where applicable. This is the responsibility of the client to act upon this advice and cover any costs as required. We shall have no liability for any claims arising in consequence of any injury or damage to persons or property unless the same shall have been caused by the negligence of JH Audio MK.

 

6.2 It is required that the client provide us in advance of the event, all relevant and significant information in relation to the event to enable us to carry out a full risk assessment where required and to ensure the smooth running of the event.

 

6.3 It is the clients responsibility to provide JHAMK with adequate, stable, safe power following our requirements sent out during the booking process. It is the clients responsibility to adhere to any power requirements stated at the time of booking or there after, unless communicated otherwise.

 

6.3.1 We reserve the right to refuse any inadequate power feed that is provided to us with a valid reasoning started to the client, and we shall not be deemed in breach of any of our T&C’s.

 

6.3.2 If damage is caused to JHAMK equipment due to faulty power provided to us by the client, the client will be held responsible for the damages caused thereafter. A bill stating the repair or replacement fees will be sent to the contact  provided.

 

7.   PLI & GDPR:

 

 7.1 JH Audio MK has in place liability insurance for public cover with a limit of £10,000.000.

 

 7.2 We may collect data from you, including your phone number, email address and home or business addresses. JHAMK use technical and organisational measures to ensure any data being collected is held safely and securely. 

 

7.3 Any data collected such as information regarding your booking, contact info, banking information etc, is held on our secure servers. Unless a longer data retention period is required or permitted by law, we will only hold this data on our servers for up to 5 years from its input. It is your right to request complete removal of your data to us. Please note, any removal of data may still persist on a backup or archival media for legal, tax or regulatory reasons.

 

8.   Force majeure :

 

8.1 Force majeure is understood to mean: all circumstances beyond our control, even if these were or to be foreseen at the time of booking and confirmation. Force Majeure includes - war, danger of war, civil war, sabotage, riots, storms/weather events, natural disasters, transportation difficulties, fire, crew personal difficulties and any other disruptions to our business.

 

8.2 In the event of force majeure, JHAMK are entitled to terminate the booking/agreement or to suspend the delivery/ implementation of the booking/agreement without the client being able to retrieve any right to compensation from this.

 

8.1: JH Audio MK shall immediately verbally notify the client with conformation in an email/WhatsApp or text message. We shall not be deemed to be in breach of contract or otherwise liable to the client for any delay in performance or any non-performance of it’s obligations hereunder to the extent that any delay or non-performance is due to force majeure of which it has notified the client, and the time for performance of the obligations shall be extended accordingly.

 

 

9.   Law:

 

9.1 It is accepted and agreed that this document shall be governed by and construed under the current laws of the United Kingdom.

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