STAR DJ HIRE PTY LTD TERMS AND CONDITIONS
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
For the purpose of these Terms and Conditions, the following definitions apply:
- We, Us or Our means Star DJ Hire Pty Ltd ACN 616 618 645;
- DJ means an independently contracted Disc Jockey;
- Event services includes, but is not limited to, the provision of photo booth, dry ice, sound, lighting and photography services;
- Services means DJ or Event services or both;
- Event attendant means an independently contracted event attendant;
- Customer or You means People or Corporations engaging the Services of Star DJ Hire through Our website or any other means;
- Booking fee or Fee means the total ($) amount for the Services, which may include, but is not limited to, a parking fee and idle time fee.
2. Our services
- By engaging our services, you agree to be bound by the Terms and Conditions set out herein, and as may be amended from time to time (Agreement).
- We provide DJ and Event services to Customers.
- Our DJs and Event attendants are independent contractors and are not our employees.
- DJs are hired at a flat Fee, for a time frame and Fee agreed between Us and the Customer.
- Overtime is at the discretion of You 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 Us and the Customer.
- For the event services to be hired over the agreed time frame, overtime is payable in cash to the event attendant at a rate of $250 per hour prior to any overtime commencing. The event attendant can refuse your request to continue into overtime at their discretion.
- 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 DJ or Event attendant will arrive approximately thirty minutes to one hour before the start of your event, however, there may be conditions which will delay the arrival your DJ or Event attendant. We are not liable for any
- 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
- When a Customer requests a quote for Our services, or otherwise engage Our services, We will issue the Customer with a quote for their event (Quote).
- Upon accepting the Quote, You will be required to immediately pay a 50% non-refundable deposit (Deposit) towards your total Booking fee. This Deposit is strictly non-refundable once paid. Once the Deposit is paid, the booking will be confirmed (Booking).
- All Booking fees are to be finalised 3 business days before the event. Customers with bookings not finalised 3 business days before the event may have their event cancelled and deposit forfeited.
- The Customer agrees that payments made using the Credit/Debit Card Merchant facility will incur an additional 2.2% processing fee.
- Where the Customer pays the Booking fee using Our Credit/Debit Card Merchant facility, the Customer authorises Us to charge the credit card designated by the Customer. The Customer agrees that where payment is not received from the card issuer or its agents for any reason, the Customer agrees to pay all amounts due on Our demand. Once We have received payment, the Customer agrees not to seek to reverse or cancel such payment through the card issuer or its agents without receipt of Our prior written consent.
- The Customer may cancel the Booking by providing us with 14 days’ notice in writing.
- If full payment has been made, the difference between the Deposit and the total quote will be refunded (50% of the total Booking fee).
- Unless otherwise expressly stated, all Fees or other sums provided to Customer are exclusive of GST.
4. Limitation of Liability and Indemnity
- 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 officers, employees, 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
- 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 event attendants at the event.
- The Customer agrees to take all reasonable steps to prevent any persons from impeding on the DJ’s performance or delivery of event services from Event attendants.
- The Customer agrees to provide the DJ or Event attendant with secure storage at the event to accommodate all equipment and/or instruments carried by the DJ or Event attendant.
- The Customer agrees to provide the DJ or Event attendant 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
- 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.
- 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 New South Wales, Australia. Customers irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.