TERMS & CONDITIONS

1. Definitions and interpretation

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

• We, Us or Our means VANGUARD EVENTS & ENTERTAINMENT ABN 15 189 108 373;

• DJ means an independently contracted Disc Jockey;

• Event services includes, but is not limited to, the provision of photo booth, MC, sound, lighting, event styling 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 VANGUARD EVENTS & ENTERTAINMENT 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).

• The Customer acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of services offered by us.

• Any testimonials and examples of our Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results. 

• The Customer acknowledge and agree that any results to be attained by you is dependent upon you solely. 

• Any setup timelines are provided by us on an estimated basis only.  We make no guarantee that these timelines will be met as there may be interfering factors beyond our control, and we are not responsible for any delay in the delivery of services.

• We provide Equipment hire, 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 damage or loss as a result of late 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% of the original/quoted hourly rate.

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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).

 

Deposit

• Upon accepting the Quote, You will be required to pay a 50% non-refundable deposit (Deposit) towards your total Booking fee within 24 hours of receiving the quote. This Deposit is strictly non-refundable once paid. Once the Deposit is paid, the booking will be confirmed (Booking).

• The Customer acknowledges and agrees upon execution of this Agreement, that We will incur certain costs and expenses in order to reserve space for your event (including, without limitation, loss fees for foregoing other events to complete the said event). 

 

Payment

• All Booking fees are to be finalised 7 business days before the event. Customers with bookings not finalised 7 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.

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Cancellation

• The Customer may cancel the Booking by providing us with 14 days’ notice in writing from the date of payment.

• If full payment has been made, the difference between the Deposit and the total quote will be refunded (50% of the total Booking fee).

 

GST

• Unless otherwise expressly stated, all Fees or other sums provided to Customer are inclusive of GST.

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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.

• We warrant and declare that every effort will be made to provide high-quality entertainment services. In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative service. We will make every effort to secure a replacement and/or willing to provide similar entertainment services under this contract. If such a situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of the payments excluding any and all costs incurred by Us (invoices will be provided as proof). Refunds will be provided within 14 to 20 days of the event. 

• In no event will We, our affiliates or their licensors, service providers, contractors, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of our services, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

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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, song suggestions or playlists 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.

• The Customer agrees to not provide malicious reviews via any only online or other channels based their personal perception or on 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.

• The Customer must send music requests or recommended playlists at least two weeks before the event date.

• The Customer must arrange parking for the DJ.

• The Customer must discuss any overtime directly with the DJ. Any overtime must be discussed in person with your DJ and is subject to their availability. The overtime rate is $250.00 per hour and must be paid prior to the DJ commencing the overtime period.

 

During the delivery of our Services, you agree to:

• respond promptly to our communications in relation to the Services; 

• complete provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services via the planning portal;

• act in good faith;

• keep and maintain the rented equipment during the terms of the rental at his cost and expense. in a good state of repair, normal wear and tear excepted;

• In the event that any equipment or accessories are damaged, we will charge you the repair or replacement cost as outlined in Appendix A of this document.  You agree that the determination whether a repair or replacement of the equipment or accessories is necessary is at our sole discretion.

• pay Vanguard Events and Entertainment full compensation for replacement and/or repair of any equipment which is not returned because it is lost or stolen or any equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental.

• not remove the equipment from the location (such as venue) as per the booking form unless due to adverse weather conditions the equipment needs to be moved;

• pay continued rental charges if the equipment is not returned during or at the end of the agreed term of if we cannot retrieve the equipment on pick up;

• pay the full amount of the booking even if you do not use some or any equipment for any or all of the time of the booking;

• allow our representatives to enter the premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment. If you are in default of any of the terms and conditions of this agreement, cannot not be contacted and the hired equipment cannot be retrieved, it shall be deemed that the hired equipment is presumed stolen;

• maintain adequate insurance covering your event;

• take full responsibility for not allowing the hired equipment to be tampered with, moved or touched by anyone unless agreed prior by us and unless the items are being moved out of high winds or bad weather.  

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PROMOTIONS
Free promotional items such as balloon garlands, event styling, photography services are not eligible for refund.
 

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.

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7. General

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;

• We reserve the right to apply interest at the General Interest Charge applied by the ATO (which is currently a rate of 8% per annum) to all tax invoices that are more than 30 days overdue.

• Where payments remain outstanding for more than 30 days, we reserve the right to assign any debits payable to it to a third party without consultation with the Client.

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

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YOUR INDEMNITY

• You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

  • your use of our products and services;  

  • any claim made against us or you by a third party arising out of or in connection with the provision of our products, services and/or these Terms; 

  • any breach of these Terms by you, including any failure to pay any fees on time;

  • the circulation, distribution or publication of any information or materials provided by you being contrary to Law;

  • any reliance by you or a third party on our products or services or any advice or information provided in connection with the provision of our products or services and/or these Terms; and

  • the enforcement of these Terms.

• You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.

• We are not responsible, and expressly limit our liability to the extent permitted by Law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging our service.

• This clause survives the termination of this agreement

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FORCE MAJEURE

• We will not be in breach of these Terms or liable to you for any Loss incurred by that you may incur as a direct result of our failing to perform our obligations or being prevented, hindered or delayed in performing our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event. 

• If a Force Majeure Event occurs, we will notify you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.

• On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.

• The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

• Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):References to a strikes, lock-outs or other industrial action;

• civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

• fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;

• epidemic, pandemic, health emergencies, disease;

• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

• interruption or failure of utility Services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and

• the acts, decrees, legislation, regulations or restrictions of any Government Agency;

• however, does not include a lack of funds.

 
References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

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Appendix A

Light up numbers

DAMAGE AND REPLACEMENT COSTS

Light up letter (1.2m) re-powder coating due to scratched paint - $400 + GST

Light up letter (1.2m) replacement (including bent or misshapen metal that cannot be repaired) - $1800 + GST

Light up letter (60cm) replacement - $900 + GST

Flower wall replacement (including due to stains or discolouration) - $1600 + GST

Shimmer wall replacement - $900 + GST

Base plates & pole set for shimmer walls and flower walls replacement - $1100 + GST 

Flower garland replacement (including due to stains or discolouration) - $700 + GST

LED bulb replacement - $50 + GST

LED bulb remote replacement - $30 + GST

LED neon remote replacement - $30 + GST

RGB neon sign replacement - From $400 + GST depending on the size of the sign

DJ Equipment

REPLACEMENT COSTS

DJ controller - Market rate + GST

Speaker - Market rate + GST

Microphone - Market rate + GST

Subwoofer - Market rate + GST

Up lighting - Market rate + GST

Intelligent & Moving head lighting - Market rate + GST

Other miscellaneous hire items and accessories (including but not limited to stands, power boxes, extension cables, wooden arches) - Market rate + GST

Event Styling

REPLACEMENT COST

Backdrop - Market rate + GST

Shimmer Wall - Market rate + GST

Up lights - Market rate + GST