Services Agreement

for services provided by 

Jean-Paul Valasidis 

Trading as “VivaVibe Events” 

(ABN 21 913 690 671)

 

1.Definitions and interpretation

1.1   The following definitions apply in this agreement unless the context requires otherwise:

Charges means Fees and Expenses.

Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).

Client means the party that will receive the Services as named in the Quote.

Default Rate means a rate of interest of 10.00% per annum.

Deposit means 50% of the total amount specified in the Quote unless agreed otherwise.

Equipment means the items rented to the Client in accordance with the Quote.

Event of Default means insolvency of a party and/or any of the following on the part of a party:

1. committing any material or persistent breach of this agreement;

2. repudiating or, or, in the reasonable opinion of the Provider, evincing an intention to repudiate, this agreement; and/or

3. misleading the other party in any material way. 

Expenses mean the expenses of the Provider for which the Provider 

Fixed Price means, in respect of a particular Engagement, the price specified in the relevant Quote for all of the Services.

In-Scope Work means work that has been expressly and specifically designated in the Quote as being within the scope of the Services.

Intellectual Property Rights means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how, trade secrets and marketing secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Losses means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:

1.  liabilities on account of Tax;

2.  interest and other amounts payable to third parties;

3.  legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and

4.  all amounts paid in settlement of any Claim.

Out-of-Scope Work means any work that is not In-Scope Work, including the work specifically described as being out of scope in the Quote (if any).

Quote means, in respect of a particular Engagement, the document headed "Quote" or similar setting out the scope of the Services for that Engagement as provided by the Provider to the Client and accepted by the parties in accordance with this agreement.

Relevant IP – not applicable.

Services means the services provided by the Provider to the Client under this agreement in respect of each Engagement, being either bartending services or the hire of equipment, as set out in the relevant Quote.

Start Date means the date this agreement commences 

Termination Date means the date that the Provider completes the  Services. 

2. General 

2.1 ViveVibe Events reserves the right to decline service to a customer without explanation for some or all of their requested order. 

2.2 The Client accepts full responsibility for the equipment provided once it is taken into possession of the client. Full responsibility is from the time that the equipment is delivered till the time it is collected. In the unlikely case that the driver is unable to pick up the equipment on the agreed pick up time. Full responsibility is still in action till the driver picks up the equipment. 

2.3 The Client is advised to check the compatibility of the equipment requested to suit their needs, as VivaVibe Events does not take responsibility for the incompatibility of the equipment requested for the setting that the client is in. 

2.4 The Client must inspect and check all equipment and notify the supplier at the time of delivery if there is any equipment missing, damaged or unfit for use. Failure to do so will see the hirer responsible for any damages or missing equipment upon pick up.

3. Contract

3.1 The client's quote, whether oral or in writing for the requested equipment, shall be constructed as an expressed acceptance of these terms and conditions of hire and shall prevail over all other conditions, including your order and the extent of any inconsistency. 

3.2 Any variations to the contract between the client and VivaVibe Events will be written and signed off by VivaVibe Events 

4. Clients liability and responsibility ​

4.1 The client is responsible to ensure they have instructed the proper operation and safe use of all of the equipment to any third party or person operating the equipment during the period of hire. 

4.2 The client shall reimburse the owner for all costs in connection with repairing, replacing or cleaning of the equipment not returned in good condition, equipment that is lost, stolen or damaged beyond repair will be charged at the full retail cost.

4.3 The client must return the equipment in the same condition as it was received.

4.4 In the event that the Client picks up equipment a bond will be required until the equipment is returned at the time and date agreed. Failure to return equipment at this time and date will result in extra fees which may be taken out of the bond. 

4.5 VivaVibeEvents ask our clients to please not clean down our products as damage may occur to the product because of the chemical being used if any damage were to occur the client is responsible for any potential damages that do occur the likelihood of damages occurring are unlikely but please keep this in mind.   

5. Booking payments 

5.1 All bookings must be paid upfront with a 50% deposit to reserve the date. The following 50% must be paid a maximum of 7 days before the date reserved if not paid by that point additional fees will be applied. The Client must pay remaining 50% and additional fees a maximum of 24 hours before agreed drop off time. 

5.2 In the case that a client is picking up equipment 100% of the quote provided must be paid upfront and an additional bond will be taken till items are returned which then the bond will be returned as well. 

6.Cancellations/Postponement, Credits and Refunds

6.1 Cancellation/Postponement, Credits & Refund Policy is strictly based on the time of the cancellation or postponement, all booking cancellations/postponements will incur a $50 processing fee. If a booking is cancelled/postponed,

6.2 Within 7 days of the event date - no refund or credit will be issued.

6.3 Within 7-14 days of the event date - an 80% credit note will be issued (less a $50 processing fee), 20% will be forfeited for the reservation of the items on the booking, strictly no refunds.

6.4 Within 14-30 days of the event date - a 100% credit note will be issued (less a $50 processing fee) 

6.5 Outside of 30 days from the event date - a 100% credit or refund can be issued (less a $50 processing fee) 

If a booking is cancelled on the day of the event or delivery as a result of the hirer not being able to satisfy or comply with the security procedure, bond or identification requirements, no refund or credit will be issued. 

7. Delivery fees and conditions

7.1 Delivery of all equipment is at ground level only. Extra charges on top of the usual delivery charge apply where the delivery of the equipment is more than 50 metres away from where our vehicle can park. Extra charges also apply for stairs, steep descents and going up levels in buildings. The hirer is responsible for telling us via email if the delivery has any of these conditions. Failure to do so will result in extra charges, and in extreme cases refusal to deliver. Extra charges will be taken out of the bond, the hirers credit card or will be payable on the day in cash.