One Stop Shop For all Your Too Smooth Entertainment Needs.
Website Terms and Conditions Policy
Communications
All notices of communication shall be given to the Agent or a member of the Agents staff in person or by way of using the Agents online website this can also be by post to our Premises (see address above) as well as by way of email to email address; toosmoth@mail.com
When the Client sends post to premises address ( ) notice will be deemed as received 3 to 4 working days after posted if sent by first class post from the day of sending by your self the client. Email’s if received on a business day, we intend to have a reply by the next business day if the email is sent on a weekend or public holiday, then you should wait for a reply the next working day or 48 hours later.
The Agent may from time to time send you the Client information about products and services, if you do not wish to receive such information please unsubscribed to that services by way of email or where applicable.
W3C Validation World Wide Web Consortium
International data transfers
Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China and India. Personal data shall not be transferred to a country or territory outside the EEA unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world, we cannot prevent the use or misuse of such information by others.
You the Client expressly agree to the transfers of personal information described in this Section
Retaining personal information
This Section we talk about the Agent’s data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
Data Protection Act 1998;
Data protection acts and policy.
Introduction
The Agent is committed to safeguarding the privacy of our visitors and customers experience when using our services such as our Online Website.
The Agent pride’s its self’s in regards to good trading standards and practice.
In acceptance to the Data Protection Act 1998, including and further for the purposes of the Freedom of Information Act, the Agent’s liability to you the client comes into action when you participate as a member in our online web forum hosted at http://toosmooth.co.uk you the client do so by registering as a member and you provide your personal information,
To become a Client the information you provide shall create your login, which can only be used in the Agents services and can only be used for the services you requested by signing up.
All post made by any Client(s) to the Agents online website services, including all information provided that maybe referred to as provided by a member within this document, will be retained for a period of up to 12 months following the closure of the particular discussion at the Agent’s discretion.
All personal data provided by client(s) is securely safe guarded, while being controlled at all processes of the Agent services and will be undertaken in accordance with, and as permitted by the requirements of the Data Protection Act 1998 and in accordance to the Freedom of Information Act.
Personal information
As a registered company we do not share your personal information with any other body unless other wise stated within our terms and agreement.
All personal data that you provide to the Agent services when registering online or with members of the Agents staff do so by agreeing to the terms and conditions listed to gain use of any facility or services such as our website at http://toosmooth.co.uk and are protected under the data protection act.
Personal information submitted to us through our website or other methods of communication will be used for the purposes specified in this policy or on the relevant pages of the Agent’s website.
We do collect and store your personal information and use the following kinds of information in regards to;
To Help Personalize the Agent Entertainment features in regards to more efficient services manufacturing and managing a better quality website as well as all other departments registered under the Too Smooth company head such as the business directory and the Agent’s Electronic Catalogue available for every body’s use.
We intend to keep you up to date by way of use of your personal information such as your email in regards to services provided of products supplied or rented when Purchased as well as hire of employees and Contractor(s) of services and future others.
The information the Agent holds may be analysed and used to help make easier payment methods for you the Client in cases such as;
To provide more afeshont services in regards to statements, invoices and payment reminders;
To help manage a better chain of information of services provided by the Agent;
To make up to date email notifications that you have specifically requested such as sending you the Client by way of email our newsletter and other updates, if you no longer require notifications you can requested by way of Email for the Agent to stop at any time,
To keep our website secure and to prevent fraudulent activities we may deal with enquiries and complaints made about you the Client relating to our website.
Disclosing Any Personal Information
All information that you the Client provide to any part of the Agent’s services for the purpose of payment or subscribing as a member you do so by creating a profile to our serves by creating a profile you input some of the following or maybe all of the criteria listed such as your;
Name:
Address:
Date of Birth:
Email address:
Gender:
Relationship status:
Interests:
Hobbies:
Education details:
Employment details:
Telephone number:
third party company:
business information:
Disclosing any personal information
As the Client when you input the information as listed above you do so in knowingly and consenting as well as agreeing to the use of that data provided and being generated in the course of the use of Agents services can be used at the Agents discretion governed by the United Kingdom Laws in example for the purposes of our electronically sent catalogue, newsletters, email notifications or other services as defined in this policy.
Disclosing any personal information
All information that is submitted in the course of using our Online Website other than personal information and financial information may be published on the internet, including your profile pictures and the content of your posts;
All personal information that you choose to send to the Agent is governed by Data Protection Act or to see the law please see Data Protection Legislation the Agent will always take matter’s of Personal Information as a great importance at all times.
Disclosing any personal information
Before you disclose to us the personal information of any other person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.
Disclosing any personal information
We may disclose your personal information to any of the Agents employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information
The Agent Entertainment may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries, insofar as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information
To the extent that we are required to do so by law;
In connection with any ongoing or prospective legal proceedings, in order to establish, exercise or defend our legal rights including providing information to others for the purposes of fraud prevention and reducing credit risk;
To any person or prospective Purchaser of any business or asset that the Agent business in shall; are (or are contemplating)
To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
Except as provided in this policy, we will not provide your personal information to third parties.
Intellectual Property
Content uploaded or downloaded by an account holder or member of staff of the Agent hosted within the Agent(s) online website services do so in accordance of the united kingdoms laws as well as International intellectual property laws not excluding other relevant laws.
In becoming the client you do so by consenting to use of the Website terms and conditions within this policy and hosted in the online website, in turn holding a valid account and taking acknowledgment to consenting to all logos, text, images, graphics, sound clips, page layouts underlying code and data compilations software as well as other hosted material within the Agent(s) Online Website to be the property of the Agent.
Intellectual Property
As a Client of the Agent you do not have permission to reproduce, distribute, copy, store or in any other method re-use such material as contained within the online material hosted within the Agent(s) services, unless otherwise indicated in text on the Website or when given permission or administration rights to do so or in writing agreed by the Agent or the Agent(s) staff.
Third Party Intellectual Property
In regards to Intellectual Property rights including, but not limited to, Trademarks and Copyright, that are in product(s) descriptions as well as images belonging to that off the manufactures or distributors that are being advertised within the Agent(s) online website facilities;
All person(s) unless otherwise indicated by the manufacture do not have the permission to copy, reproduce, store, distribute such material hosted within the Too Smooth website, unless given express written permission to do so by the relevant manufacturer or supplier, the client or any person must also have in writing from the Agent permission and consent to do so.
The Manufactures and Agent will exercise their rights in regard’s to this condition.
Fair Use of Intellectual Property
All client(s) representing the Agent(s) online website services takes acknowledgment to acceptance to;
Fair Use of Intellectual Property when committing to registration in agreement of becoming the client whomever does do so in acknowledgment that all material posted by client(s) hosted within the website can be re-modified and used by members of the Agent(s) Staff where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Privacy
When using the Agents online website you do so by acknowledging that it is governed by United Kingdom Laws and by our Website Privacy Policy which is incorporated into this policy of terms and conditions by this reference.
Copyright
All contributions made by client(s) to the Agent(s) online website services permit you the client to assigning all copyright to the Agent. Clients must not submit any comments that do contain any other person’s copyright material under the data protection act.
Prohibits
The Agent does not accept defamatory comments, e.g. the definition of defamatory comments is off, posts that are capable of damaging the reputation of any other person or organisation referring to accusations leading to bullying, including but not limited to behavior leading to, or causing illegal activity such as incitement of racial hatred and bullying by its Clients or members of staff, any person(s) found taking part in unlawful activities while using the Agent(s) services does and must do so in accordance of the terms and conditions and United Kingdoms law’s.
Prohibits
The Agent does not tolerate or accept any vulgar or obscene language within its website neither does it accept use of swear words or any use of foul language that may offend any other members of the forum or any other department of its services. Client(s) must not submit any comments that are harassing, unlawful, abusive, threatening, obscene, harmful, profane, racially offensive or sexually orientated. This also takes into account comments that are offensive to others with regards to religion, personal characteristic, gender, and nationality or other language of similar nature.
Prohibits
All comments posted by client(s) are to be posted in English language. The Agent advice’s all of its members that submissions are best made using English language as we may not be able to respond to inquiries otherwise submitted;
Prohibits
All inappropriate account’s created with a user name containing offensive or vulgar characteristics will lead to an automatic ban.
Violence
All client(s) representing the Agent must not post content that is intended to promote or incite violence.
Information Regarding the Freedom of Information Acts 1998 and Rights
By becoming a client of Agent the information you provided is subject to the Freedom of Information Act 2000 regulations, and in accordance to the United Kingdoms laws and good business practice. Which allows public access to information held by the Agent to be obtainable an governed by way of United Kingdom laws this is in consistency to all information provided when becoming a client representing the Agent;
In addition to post published within the Too Smooth Online Website and in accordance of any account created in reference to this policy, Client information is always keep private to the Agent and is not available to the public or any government figure or organisation, unless exemptions relating to the terms and conditions within this policy comply;
All information provided by the Client is safe guarded in confidence, an in accordance to all information being protected by the Data Protection Act 1998.
Misuse of Communications
POSTS
Clients must not submit comments that contain personal information other than when registering to the Online Website, this includes by way of personal message.
PROMOTION
Clients must not advertise or promote products or services unless granted permission by way of writing in form of an email from the Agent(s) member(s) of staff to do so.
Clients must not resubmit the same, or similar, comments, spam or flood the Online Website and must only submit a comment once. You as the Client are to keep your comments relevant to the discussion topic.
Moderation to Posts
The Agent endeavors to do its best to moderate all posts made within the discussion forum when need and as reasonable time as possible;
All comment that contravenes any of the discussion rules will be dealt with as a matter of urgency and accordingly by a member of staff;
The Agent will do its best to make sure no breaches contained within this policy appear on the forum;
All Clients or members representing the Agent found in breach will be messaged by e-mail, along with a reference to the rule(s) contravened regarding the reasons to why a breach has occurred;
Any participant found in breach within this policy(s) terms and conditions, accept acknowledgement to all final decision made by the Agent and its staff, you as the Clint may exercise your or their rights of appeal by way of form of receipt returned by way of email in compliant to the Agent. In regards to the decision of limitation made to the account holder Client, when agreed he or she maybe invited to resubmit their comment, after making appropriate changes. Where possible we will aim to send emails within a 48 hour period.
All comment that contravenes any of the discussion rules will be dealt with as a matter of urgency and accordingly by a member of staff;
The Agent will do its best to make sure no breaches contained within this policy appear in the Online Website service provided;
All members of the Agent found in breach will be messaged by e-mail, along with a reference to the rule(s) contravened regarding the reasons to why a breach has occurred.
Links to Other Websites
The Agent holds no responsibility for any other content in regards to links to external websites and at no point of time shall the Agent accept any responsibility or endorsements for other hosted websites actions and content.
Discussion Rule’s
All comments made by client(s) within the Agent(s) hosted online website services are to be made and kept relevant in regards to the discussion topics at all points of time.
INACCURATE AND FALSIFIED REGISTRATION INFORMATION
When creating an account to become a Client to the online website you will become in breach of the terms and conditions within this policy if you sign up and choose a user name that contains another person(s) personal information without that person(s) consent and you the client except acknowledgment that by doing so you falsified a fake account using a fake identify in knowing it not to be your self and without permission of that person in turn in breach of this policy and will automatically be banned for life;
Clients are not permitted to impersonate other members or falsely account information when signing up as to be a Client of the Too Smooth services; this includes impersonating a representative of any organisations or person other than your self the client, in turn to do so you must have that company’s or person(s) permission to act on their behalf as a representative of that organization other wise you become in breach of the agents terms and conditions.
Advertisement’s
Client(s) are advised that it is a breach of terms and conditions and must not advertise or promote products or services unless given permission in writing to do so by a member of the Agent(s) staff.
Misuse of service’s
All representatives of the Agent including Staff reserve the right to automatically ban any member found in their opinion to be accused of flooding or spamming the Online Website;
Members are to submit a comment once and wait for a reply for five minutes before re-posting. Client(s) are not to resubmit the same, or similar, comments;
Multiple comments from the same individual, or a small number of individuals, may discourage others from contributing towards the facilities and is not tolerated;
All clients are to keep the number of posts submitted towards a topic at a practical moderation.
Misuse of Services Communication Mass Mail
The Agent does not prohibit its website services for use in regards to unauthorized mass communications e.g. junk mail and spam;
All clients found of committing such breaches of these policies terms and conditions, accounts will be banned.
Age Limit’s
If you are under the age of 16 you must make sure you have your parent or guardian’s permission before participating in the Agent(s) online website services;
Any client found without this consent will lead to being automatically banned.
Deliverie’s
Delivery & Purchased Orders and Mistake’s
When using the Agent Services if you find that their is a mistake within the order placed that needs to be rectified due to error(s) then you should contact us by way of email at XXXXXXXX@XXXXXX to be updated.
You the Client must state your reference and issue and a member of staff will email you back within 48 hour period, excluding holidays and Sundays;
The Agent and members of it staff does endeavor to rectify any corrections needed and agreed to as soon as possible.
Provision of Service’s
The Agent will always endeavor to provide all Services with reasonable care, skill time and accuracy;
Provision of Services is always of up most importance to the Agent.
As the Client you accept acknowledgment that by registering to become a Client to the Agent’s services to acceptance of the Terms and Conditions pertaining directly to those Services provided supplied by the Agent.
In regards to the rights of alterations to services, the Agent reserves its rights to exercise its discretion to make alterations to its services as and when directed by a director of the company;
Factors which may be taken into account in the exercise of this discretion include but are not limited to any absence of services you may have already derived or occur within services provided by the Agent.
Acceptance to Service’s
In regards to sections that are hosted within the online Agent’s website, that are intended to constitute a contractual offer capable of acceptance to services as well as products catered for, as the client you accept acknowledgment to no agreement or contract being legal binding unless agreed upon by way of you the client committing to the Purchasers of a product or services to be supplied to yourself, of which that product or services is hosted within the Agent’s services being catered for, in turn collaborating into a mutual agreement in English writing into a legal binding contract. For the contract to be in force the Agent will put you in receipt of a invoice, then agreed upon and signed by yourself the client and sent back, in turn received by the Agent by way of email;
All Clients must take note that the Agent must be in receipt of the full payment including full payment of deposit of all money to be paid by way of credit or debit card for the client and Agent contracted agreement to start and be in force as well as action.
Services Supplied Relating to Errors
The Agent and Agent’s members of staff reasonable endeavors to ensure that all services supplied to its Online Website are free of errors, viruses and other malware, such as Trojan horses, Root-kits, spyware, Fuddled & Fuded Files, Exploits, Key-Loggers and other related black hat tools;
The Too Smooth Online Website is at all times safe guarded as best reasonable practical and secure;
All Clients are advised to take responsibility actions for their own security relating to that of their personal details and their personal communication methods, when using any of the online website facilities being provided by the Agent, such as but not limited to the client’s computers and phones.
Changes to the Service and these Terms and Conditions
The Agent reserves all its rights to change all features such as but not limited to its Online Website, Business Directory, Forum, Media Services, Product Catalogue, and any other sections owned or in the possession of the Agent;
From time to time the Agent may amend some or all Content contained within these Terms and Conditions at any time, the Client will be bound by any changes to the Terms and Conditions from the first time they use the Agents Services following the changes;
If the Agent is required to make any changes to Terms and Conditions by Law, these changes will apply automatically to any orders currently pending in addition to any orders to be placed by Clients in future dates.
Availability of the Website
The Agent gives no warranty that the Services provided will be free of faults and or defects. The Agent Services are provided “as is” and on an “as available” basis.
To the maximum extent permitted by Law the Agent provides no warranties of fitness for any particular purpose or to that of accuracy of information contained within its services provided as well as compatible to that being of a satisfactory quality.
Availability of the Website
The Agent accepts no liability for any disruption or non-availability of the hosted online Website services provided that may relate to issues resulting from external causes including, but not limited to, ISP equipment failure, communications network failure, host equipment failure, natural events, power failure, acts of war or censorship and legal restrictions that may occur while using The Agent(s) services.
Disclaimers
The Agent endeavour to maintain it’s up most best in providing the client a top quality A1 level of service(s).
At no point does the Agent guarantee or accept any liabilities or warranty’s to Client that the website will meet all if any of your requirements and that the Agent services will be of satisfactory quality or neither that it will be fit for a particular purpose, for example E.G this list is not limited to all as listed, that any part of the system or services supplied by the Agent will be compatible with: Mobile phones, I pads, Window platform based computers, Apple platform based computers, this does not infringe the rights of third parties.
As the Agent we take pride in safeguarding your information, working along side many of our business partners.
The Agent can not and does not guarantee of any specific results from the use of the Agent’s Service(s).
The Agent(s) online website is intended to constitute support and advice to its members.
When a client does use information available from the website they do so in acceptance of the Agent having no legal obligation to you the client in regards to Content hosted at http://toosmooth.co.uk, this includes how it is used by you the Client and at no point of time information contained in the Agents Online Website should not be relied upon when making any decisions or taking any action of any kind.
Limitation of Liability
To the maximum extent permitted by Law, the Agent gives notice to all users and Clients that it services are governed by United Kingdom Laws and it will exercise it rights to the maximum extent permitted by Law.
The Agent accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Online Website Services or any information contained therein.
Disclaimer to liability
When concerning incidents such as personal injury or death that may have resulted from any mistake or negligence on the part of another person employed and contracted to the Agent they take note nothing in these Terms and Conditions will restricts The Agent’s disclaimer of being waivered of all liability when admissible.
When concerning incidents such as damage arising out of the incorrect provision of Services provided, such as any indirect loss or direct loss caused by way of reliance on incorrect information posted within the Agent’s Online Website Services, the Client accepts nothing in these terms and conditions restricts the Agent’s rights of being waivered of all liabilities.
Unfair Contract Terms and Conditions
Unfair Contract Terms Act 1977
The Agent must be in compliance to the relevant provisions of the Unfair Contract Terms Act 1977. If any event arises as to the Agent Terms and Conditions being in breach of these regulations that term or condition is to be deemed as to be found unlawful or in error or otherwise unenforceable, then that term or Condition is to be severed as dismissed from these Terms and Conditions within this policy and in no way will it take or have affect, this term shall apply only within jurisdictions where a particular term is illegal and the validity and enforceability of the remaining Terms and Conditions shall still apply.
E-Commerce, Payment, Finance and Donation’s
E-Commerce Regulations
In regards to information relating to any Purchasers you make of the Agent of Higher of goods or products sold or the use of the Agent’s services provided or any other transactions that you enter into through our Online Website including such data as credit card details is governed by E-Commerce Regulations 2002 and EU Payment Regulations’ The Too Smooth Online Website and other financial transactions are handled through our payment services provider’s, such as PayPal and ======== .
You can review the provider’s privacy policy at https://www.paypal.com/uk/home and https://stripe.com/gb
As the Agent we may share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, in regards to refunding procedures as well as payments and dealing with complaints and queries relating to such payments and refunds.
Payment Pricing
All agreed prices between the Agent and the Client are to be paid in British Sterling pounds this includes the full deposit and full payment that was agreed to be paid in the agreed Invoice Booking Order Form on completion of the purchased order all completed by way of invoice received by email on the dates or intervals specified in that order, unless alternative agreements have been agreed in writing between the Client and the Agent.
Payment Interest
Interest will be charged to all Client(s) on a daily basis, commercial interest at 17.4% above the base rate of the Bank of England obtained at the date and time of 00/00/2015 00:00pm.
Payment Services, Pricing and Availability
Whilst every effort has been made to ensure that all descriptions of Services available from the Agent correspond to the actual Services;
The Agent is not responsible for any variations from these descriptions.
This does not exclude the Agents liability for mistakes due to negligence on its part including all representing the Too Smooth Brand and refers to variations of all Services provided.
The Agent’s Waiver to Description of Services
The Agent Description of services, as a Client you may require at some point of time a specific service(s) that we provide by use of our Online Website Services Provided;
The Agent does not represent or warrant that such web services will be available.
Pricing Editing
The Agent reserves the right to edit prices and alter or remove any special offers as and when necessary at its own discretion. The Agent pricing information is reviewed and updated on a regular interval.
Pricing Editing
If an order was placed by a Client within the Hosted Agent’s Online Website and the price was edited throughout the payment process period of the Agent Services taking provision of the original price declared, then the services shall once again begin and you will be charged the original price quoted and any outstanding balance on any parties behalf will be reinstated by way of Credit or Debit card payment once agreed upon by a member of the Agent’s staff in writing, this will be in the format of an receipt of an invoice provided by way of an email.
Pricing Vat
The Agent’s Prices are subject to VAT, the Agent’s) VAT number is: XXXX.
Donations
To Be Updated.
Finance
To Be Updated.
PRS and PPL Licensing
PRS and PPL licensing are two independent regulations that represent the interests of different rights holders for the use of recorded and live music in public performances. If recorded music is audible in a public space at your institution, you need both licences. The PPL scheme is also for live music performances. There is an exemption under the Copyright, Designs and Patents Act 1988 S.34 for public performances of music used for educational purposes, so this does not apply to music being used in lectures (or elsewhere in the college or university) for teaching and learning purposes.
Third Party Terms and Conditions Including Right’s
This agreement created by these Terms and Conditions is between any person(s) in contract with the Agent and these Terms and Conditions shall confer all rights upon any party.
Conditions of Contract for Services of Agent’s Contractor and Client(s) Agreements Terms and Conditions
These Terms and Conditions may only be varied with agreement of a member of Staff representing the Agent in accordance to permission being granted in writing to do so.
The correspondences listed below from numbers 00 up to 00 are in reference to and in accordance of the sub contracted contract(s) between the Agent and Contractor(s).
In regards to all agreements as of the performance for the Client of His or Her purchased services to be provided for the Agent, in pursuant to the Contractor being Sub Contracted by way of a mutually signed agreement with the Agent, does do so in acknowledgment constituting to the acceptance of these Terms and Conditions including any situation where acceptance referring to this policy has not previously been communicated to Client and or Contractor of services to be provided in being provided for the Agent.
In Cases of Client contract for services being represented by any Contractor permitted and assigned to do so in turn representing the Agent, shall be independent and in principle shall not act as the Agent to the Client named in the invoice Booking order Form;
When carrying out any services defined in the contract and agreed upon. At no point of time, is the Contractor assigned entitled to create that of a personal or business orientated relationship out side of the contract imposed.
In signing into any contract as a Contractor with the Agent you do so in taking acceptance that as a Contractor you must take all reasonable precautions to satisfy the Agent and yourself as well as your own Employees including Sub Contracted Employees Employed to your Company that all complying in work for any contact between you and the Agent are trained and suitable in all aspects of the services to be performed in.
All contractors and Employees including Sub contracted must notify the Agent at the earliest possible time if you or the person named in the Invoice Booking Order Form have any concerns in regards to but not limited to work and or Services rendered in connection to the Agreed Contract.
The Contractor, and all its employees and Sub-Contractors, whilst on the premises of the Client named in the Invoice Booking order Form, shall comply with Agents rules regulations and requirements, including those relating to security arrangements that may be in action.
All Contractors Sub Contracted to the Agent and all Employees must ensure at all times while work persists within the dates agreed within the Contract, that the security of all property belonging to the Client named on the Invoices remains safe and secure, whilst during the supply of the Service(s) being provided, the Agent exercises its rights in response to non acceptance of liability towards damaged cased or that may have been caused by Contractors Employees or Sub Contracted Staff.
All Contractors who sign an agreed Contract with a member of the Agent’s staff accept and take acknowledgment to this clause when Sub contracting any work through the Agent;
No Contractor shall make no deliveries of equipment or materials, tools or other out side of the agreed Contract date(s) to any name on any invoice supplied by the Agent and is not to begin any work on any free hold of land for that named person over a 5 year period without obtaining in advance consent of the Agent. Any body found in breach of this condition will be labile to prosecution.
The Client named in the Invoice Booking Order Form has full authority in regards to the final say in all matters of direction once agreed in written with the Agent, in relevance to the progress of work delegated to their contract of Services being provided by the Agent or any of its Staff.
In cases of the Client Requiring removal from the Premises of all or any Employers attached to the Agent in the agreed contract, and or for any materials which in the opinion of the Client believe to be either noxious, hazardous, or not in accordance with the Contract he or she can ask for the products to be substituted for an greed suitable materials.
The Contractor shall begin performance of Services on the date stated in the Invoice Booking order Form in agreement with the Agent and shall complete or continue to perform the Services for the period stated in the Invoice Booking Order Form.
The time of performance of the Services to be carried out by the Contractor shall be of the essence for the purposes of the Contract.
Client Rights towards Contractors
The Client named in the Invoice Booking Order Form may by written notice require the Contractor(s) to execute the services being provided, as the Client named in the Invoice may decide.
Failure by the Contractor to adhere to any provision as to any time contained in the Invoice Booking Order Form shall entitle the Agent or Client named in the Invoice Booking Order Form, to at his or her option to terminate the Services in whole or in part under the Contract.
The Agent or Client named in the Invoice Booking Order Form shall be entitled to exercise its option at any time notwithstanding that the Contractor has waived any delay, unless a written extension of time has been given to the Agent by the Contractor named in the Invoice Booking Order Form, as long as the time of any extension has not elapsed.
Failure by the Contractor named in the Invoice Booking Order Form to comply with any of the Terms and Conditions contained within this policy may lead to the Agent or Client to exercise their rights to terminate the Contract in respect of the Contractor becoming deemed to constitute a breach with any respect to any subsequent part of this policy.
In the absence of such notice the Contractor shall submit such detailed programmes of work and progress reports as to the Contract work to the Agent to which he or she may require a meeting with your self.
On the date stated within the invoice the Contractor will start performing of all services required and is to continue to do so until the completion of the services is fulfilled in turn provided for the full period stated and requiring with precision timing in the aid of performing the best services possible in the essence of the completion of the contracted agreement.
Provision of Services
The Agent and any Contractor representing the Too Smooth brand are at all times to be classed as deemed to have inspected the Premises to which any services are to be supplied within, by way of in person or verbally communicating with client in advance, in regards to any problems that may posit in accordance to the completion of agreed contract, so as to have understood the practicalities of the Services to be carried out and to have satisfied itself in relation to all matters connected with the Services to be provided and all client(s) and contractor(s), take note that this will be the end of the Agent liability in regards to this matter.
Contractor Access to Premises
The client named in the Invoice Booking Order Form shall, at the request of the Contractor and or Agent grant such access to the Premises as may be reasonable for the purpose of the Services being provided;
The Client named in the Invoiced Booking Form shall, at the request of the Agent and its members of Staff, acknowledge take acceptance that he or she must grant access to the premises that was agreed upon signing into the agreed contract and stated in the Invoice in afeshunt time to let work commence.
WHEN A CLIENT ISSUE’S FREE PERSONAL PRODUCT MATERIALS
In cases were the Client named in the Invoice provides for the purpose(s) of the delegated agreed contract between Agent and themselves for services to be committed to by way of Contract, any supplies of his or her own free personal materials to the Agent and Contractor in aid of services to be fulfilled such material(s) will and remain the property of the Client named in the Invoice Booking Form. The Contractor shall manage while maintaining all such material(s) in a good satisfactory order including condition and may only use such material(s) solely in connection with the Contract;
The Contractor shall notify the Agent in such cases in regards to such on goings, of any materials remaining after completion of the Services including materials that shall be disposed of by the client named in the Invoice Booking Order, the Client may direct the Agent to depose of such material accordingly to the agree priced job by the Agent.
DATA PROTECTION ACT CONTRACT FOR SRVICES
The Contractor is labile to have in place of its own company structure terms and conditions for that of its employers and self to be sure that its staff keep Client and Agent contract information secret and do not disclose any information of a confidential nature obtained by way of the Contract;
The Contractor shall comply with any and all requirements under the Data Protection Act 1998 and any subordinate legislation, and shall not disclose or allow access to any Agent or Client Personal Data or acquired during the term of the Contract;
The Contractor must not disclose or allow access to any data harvested as a result of the Contract in accordance with the Agent and Client named in the Invoice Booking Order Form unless instructed to do so by the Agent in regards to the extent that is specifically necessary for the purposes of the Contract to be accomplished and succeed;
The Contractor must store and safeguard all processed Personal Data provided as a result of any Contract in agreement with the Agent and shall take appropriate technical and organisational measures against the unauthorized or unlawful use and processing of such Personal Data, to safeguard and prioritize against accidental destruction or loss of, or damage to, Contracted Personal Data.
FREEDOM OF INFORMATION FOR CONTRACT FOR SERVICES
The Agent and Contractor acknowledges that the Client named in the Invoice Booking Order Form, that he or she may exercise their rights in writing in regards to all data held about their own person, by way of an access request in writing headed to the Agent . In no event shall the Contractor respond directly to a Request for Information unless expressly authorized to do so by the Agent;
Further to the subject of the requirements of the Code of Practice governing the FOIA Freedom of Information Regulations, the Client may requests for any personal Information that the Agent and Contractor have in their protection in regards to the Client;
Inclusive with the request of the client he or she must provide relevant .I’D, to the Agent, the Client is then required to provide by way of post or email three forms of personal identification;
One of which should be a current United Kingdom photo driving license including counter paper part issued by DVLA Driving Licence or a British Passport;
Agent also require two other forms of ID which can be two current utility bills or a debit or credit card statement confirming your name & address, this must not be dated more than 3 months older than the date of commitment to the subject access request submitted by the client, the identification must be that of the named person on the access request letter;
Any other person’s identification is not accepted, Make sure you clearly state the reasons and of what pacific information you seek;
As the Agent and /or Contractor once we are in receipt of your subject access request we will contact you back with a copy of all Information in our possession as soon as reasonably practical and in any event within the time limit of 28 working days of receiving your request in order to comply with your Information disclosure obligations.
The Contractor is to provide all necessary assistance in reasonably time for compliance as requested by the Agent to enable the Agent to respond to the subject of access request by the Client for Information.
The Agent shall be responsible for determining the outcome of the Clients Freedom of information subject access request at its absolute own discretion and is exempt from any other provision in this Agreement or any other agreement.
The Contractor is to allow access to the Agent so he or she may inspect such records as requested.
COPY RIGHT IN REGARDS TO CONTRACT(S) FOR SERVICES
COPYRIGHT
Copyright in all reports and other documents and materials arising out of the
To Be Updated
HIRE TERMS & CONDITIONS
This contract is bonded as an agreement between the agent and the named person on the invoice or Booking confirmation form provided.
Hire Payment
The Purchaser is the named person on the invoice or Booking confirmation form, and he or she declares that they are over sixteen years of age entitling them to be legally entitled to enter into this binding agreement acting on their own behalf. If any person is entering into this binding agreement on behalf of an organization or company that they have full authority to do so in turn the agent agreeing in written consent to do so, The agent advise all members acting on behalf of another company or organization that it has in place public liability in accordance to the Purchasers agreement at the liability of eleven million pounds failure to do so will render the higher personally liable for any charges or fees outstanding costs, not excluding court orders.
Hire Payment
The Purchaser is the hire /client named on the invoice or Booking confirmation form and will usually be sent a message via email, once received it should be carefully checked please make sure that all details are correct when submitting the form in return of receipt to the agent, at the earliest point of time it should be printed off, signed by the Purchaser / hire, client and returned to XXXXXXXX@XXXXXX to be updated. Without delay via e-mail we do accept other methods of receipt of invoice such as post or in person. If the invoice or Booking form is not completed and signed the product rented may not be made available, once a deposit has been accepted condition 6 regarding cancellation will still apply contained in this policy of term and conditions.
Hire Payment
After providing the agent the information required when making purchases by payment methods such as invoice or Booking form you are to paying the deposit and full balance outstanding unless otherwise agreed by a member of the agents staff and you the client do so by agreeing in writing within the invoice or Booking form provided acceptable to all our terms & conditions of hire.
Hire Payment
As a client of the agent when purchasing a product for any purpose you do so by agreeing that all deposits paid to the agent are to secure a Booking of product and is at no time or date refundable under all circumstances unless agreed by a director of the agent in writing.
Hire Payment Cancellation Fee
In regards to a cancellation being made less than 10 days in advance to the beginning of the hire of product(s) then the full hire fee is due if not all ready taken, this stands even if you have only paid a deposit.
Late Payment
By paying a deposit you the client are giving the agent your permission to debit your credit or debit card or payment method with the full outstanding amount for the hire and deposit, If the client gives notice to the agent(s) or members of the agent(s) staff within 48 hours of placing the Booking order then you will receive a full refund. If you fail to cancel in writing via email less than 10 days in advance to the date of the beginning of the agreement of the hire then you will receive payment minus the deposit. If a cancellation is made by the client within the commencing last 10 days prior to the agreed hire you will not receive a refund of the deposit you have paid and that will be the full limitation of the client(s) and agent(s) liability in regards to this situation occurring. At the earliest point in time and date it is important that a cancellation is made to us in writing, and you receive written confirmation in return from the agent that we have received your instructions. Any failure to do this may result in the full hire fee becoming due by way of a debit to your credit or debit card as you had not advised the agent of the cancellation within time constituting toward the terms and conditions stated within this policy.
Payment
The agent requires that all balances are payable in advance to the equipment being ready dispatched and available for hire. All client(s) or/ and Account holders see clause 32, taking into regards the charge that will be deducted if you choose to pay by method of credit or debit card, please ask a member of The agent staff for details when completing and confirming your invoice or Booking form.
Identification Needed to Hire Equipment
All account holders otherwise categorized as client(s) Purchasers of hire are required to provide three forms of personal identification, one of which should be a current United Kingdom photo driving license including counter paper part issued by DVLA Driving licence or a British Passport. We also require two other forms of ID which can be two current utility bills or a debit/credit card statement confirming your name & address which can not be dated more than 2 months older than the date of commitment to the agreement of hire product between the agent and yourself. Three you must also provide a debit or credit card as a security against any damage or loss to the equipment whilst it is in the care of the named person on the invoice or Booking form. The identification must be that of the named person on the hire Booking confirmation form. Any other person’s identification is not acceptable and will be in breach of agreement of the terms and conditions within this policy.
Payments
All clients hire charges are priced at a minimum period of one day. Majority of prices hosted on the agent(s) online website facilities and services are for one day’s purchase unless specified. If you wish to hire a product(s) for a longer period please email XXXXXXXX@XXXXXX to be updated. Or you can call a member of our sales team for details. Rates for long higher periods are available. The going rate for additional days will be charged at 20% per every extra day but prices may fairy please ask a member of staff for more details. In events that any equipment is rented for a Saturday it is to be, collected or returned by the closest Monday following the earliest Saturday dated to the closest end date in question contained within the invoice Booking order form, this will be charged at one day’s fee the terms listed are to be implemented in all circumstances were plausible, even when the equipment has not been used at the time of agreed hire.
Late Payments
Equipment returned late after the agreed Booking date is in breach of the agent terms and conditions, by way of not advising the agent in advance to the expiry of the Booking date and will be chargeable at each complete day’s extra hire fee as stated in our online website, regardless of the agreed hire period originally in place. In all circumstances when you are unable to return any rented equipment at the agreed time you must advise the agent as reasonably practical.
Client(s) Insurances
All account holders otherwise categorized as client(s) or hire Purchasers, agree to insurance being in place of the rented equipment in case of damage or loss or other events that may lead to the non return of the rented product. A breach is caused within the hire agreement and terms and conditions within this policy presented to you the client by the agent by way of the rented products not being returned by the set date agreed to in the invoice or Booking form, in this event the full replacement value of outstanding equipment is to be paid at the client hire Purchasers own expense. The client hire accept full liability and agrees to pay in full the value for all damages or losses that occur to the equipment while the property is in their possession if not in control of a member of the agent staff. The hire named on the invoice or Booking form is responsible at all time for any replacement of any cost occurred to equipment that is on hire to them, including spares accessories and cables, A full valuation of equipment on hire is available on request you must ask a member of staff to provide this.
Hired Property Ownerships Rights
At all times any and all rented equipment remains the property of the agent.
Cleaning of Hired Equipment Charges
The named client hire on the invoice or Booking form undertakes to keep and return all the equipment in good order and condition. All rented equipment when returned in a dirty state of condition can incur a cleaning charge which can be deducted from your credit or debit card used to place the deposit.
Repairs of Hired Equipment
The agent reserve all rights to charge for any repairs and replacement of equipment damaged stolen or lost, during the hire period. The Purchaser’s liability is for the value and cost in replacement of the equipment and all accessories including cables that have occurred during the time of commitment to hire agreed by the client agreed in the invoice or Booking form.
Non Return of Hired Products
Any equipment lost, stolen or damaged throughout the period of hire will be chargeable as if still on hire at the agent published prices. The agent reserves its rights to deduct any out standing balance from the credit or debit card provided at the time of Booking this will take action until the time that all repairs are accepted by the agent to be complete and must be paid to the value and cost, in the event of the equipment being UN fixable it must be replaced or repaid by the client hire of the same spec and value to the products that was damaged by payment for the replacement of products lost, stolen or damaged till the equipment is again available for further hire by the agent.
Non Return of Hired Products
All equipment not returned in time is classed as chargeable until it has been returned or collected as agreed within the invoice and any repairs or replacements, relating to that rented equipment, has been or was paid for to the value and cost by the named client hire on the invoice or Booking form in cash or by way of credit or debit card.
Damaged Equipment while on Hire
Any damage that may occur while products are in the client(s) position in turn on hire such as blown lamps, amps, speakers are to be returned for a inspection at the earliest point of time possible and may be charged for.
Damaged Equipment while on Hire
The client hirer named on the invoice or Booking form assumes responsibility at all times for the replacement of lamps and other fixtures what are on hire which fail under their working conditions. Spare lamps should be supplied by the agent for the purpose of replacement if ever required during the hire period. Blown lamps, amps speakers or other hired equipment found not to be working, will be chargeable on inspection to the named person on the invoice or Booking form.
Agreement of Hire
The agent always attempts to supply equipment that has been ordered. In all circumstances, the agent reserve its rights to provide substitute equipment if the need may ever arise. The agent reserve the right to terminate any contract without liability to itself for any reason were it is unable to supply the hire equipment agreed in the invoice or Booking forum. In any unlikely event that the agent will not being able to comply with the Booking order, then all monies paid will be refunded to the higher. If any product are not to be supplied the agent will make a refund in full for those products, or a suitable alternative replacement may be substituted, in this case this will be the full limit of the agents liabilities in all regards as referred to.
Damaged Equipment while on Hire
In any event if rented equipment does become faulty, the agent is not liable for any damage or consequential loss. Should The agent not be able to complete a Booking the deposit and all outstanding balance will be refunded and paid to the named higher on the invoice or Booking forum and all money will be debited back to the credit or debit card, or a credit voucher may be issued this will be at The agent sole discretion, and this will include the limit of our liability.
Damaged Equipment while on Hire
Any connectors provided during the time of agreed hire must be in good working order on return. The agent reserve all rights to charge for refitting and all replacements of any damaged lost or tampered connectors that have occurred during the time of agreed hire. On inspecting after hire, any connectors to have been found to be removed will be chargeable. Any equipment found to have been modified whilst on higher will be chargeable to the named person in the invoice or Booking form.
Return of Equipment
Failure to return any parts listed in the invoice or Booking forum will enforce a penalty charge in regard to a breach of terms and conditions for doing so.
Delivery’s
Any Packaging supplied with products or equipment on hire must be returned were best practical, or it may be charged for.
Liability of Damaged to Equipment
In any case were a delivery option was required and the client requests no setup of the equipment provided by the agent, or you the client have chosen to opt for your own collection method of equipment from the agent, You the named client hire on the invoice or Booking form take all responsibility that all the rented equipment must be installed by a competent person to do so, the agent cannot and will not accept any liability or responsibility in regards to damage caused to property such as equipment or any personnel damages caused whilst equipment is on hire.
Delivery Conditions and Times
The agent endeavors to meet all agreed delivery conditions and times, but does not and will not accept responsibility for any delays in delivery or collection howsoever caused. Collection times for deliveries are normal between 09:00 am & 5:30 pm on Monday to Saturday, sometimes geographic location and distance can restrict times as listed above. All collections and deliveries that are arranged outside the times provided are charged at an additional price this price may fairy, the above listed are all subject to availability. Any equipment rented to the client hire is the full responsibility of the Purchaser until it is returned to the agent or collected by a member of the agent(s) staff.
Loss of Equipment
In the event of any equipment that has been confiscated or loss because of any failure to comply with any relevant regulations or laws, the hire named on the invoice or Booking form will be chargeable and held liable for all cost occurred and full cost and value of equipment if not returned under The agent terms and conditions within this policy.
Correct use of Products
The agent gives no warranty that any products supplied for reason of hire, are correct for the client(s) purposes intended, or that any products provided such as fluid related machines including snow, smoke, foam or bubble machines on hire that may be supplied by the agent or not, will not damage flooring, clothing, furnishings or any other material, either during the products use, or caused through leakage. The agreed hire has warranted by way of signing the invoice or Booking form that they are satisfied to themselves that all the purchased goods are correct for any purpose for which they intend them to be required for.
Price Quotations
The quotations issued by the agent is done so without any obligation, the agent reserve its rights at all times to vary any quotations in agreement between The agent and the client(s) / Purchaser and to refuse acceptance of any orders without assigning a reason for such denial, although if a payment and deposit have been paid the original quoted price will stay fixed.
Agent Right of Inspections to Hired Equipment
At all time during hire of products the agent reserves its rights to make inspections to any rented equipment on hire to the client(s) .
Contractors overlaying Terms and Conditions
In the event of a member, client, Purchaser of the agent who is representing another organisation has its own Terms and Conditions covering hiring or purchasing any services provide by The agent that conflict with any Terms and Conditions of The agent then the Terms and Conditions of The agent will take precedence unless specifically agreed in writing by a Director of The agent.
Tax Rate s
Quotations and prices provided by the Agent are subject to the addition of the sales Tax Rate in the United Kingdom which stands at 20% Dated: 08/04/2015 is applicable to the quotation of price for products and services provided in the invoice.
Agents Rights of Late Payment of Commercial Debts
The agent exercise its statutory rights under the Late Payment of Commercial Debts Regulations 2002) entitling it to claim interest and compensation for any debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms, subject to clause 00 in regards to non account holders a Website link is provided here:
Access to Venues
If a collection or delivery is not completed for the reason(s) of access to the venue is found to be in correct by way of absence or irrelevant space for delivery of goods or not being permitted entry then the hire named on the invoice or Booking form is to be liable for all charges still, including all additional costs and any loss in completing the collection or delivery.
Equipment Hire to be Ready for Return
If the client hiring the products fails to have ready and dismantled all equipment booked to him or her based on a delivery & collection service that specifies, all rented equipment purchased to be packed ready for collection at the end of a hire period then this will lead to an extra charge for any extended hire time caused or loss of earnings caused due to late dismantling and packing rented equipment away, this will apply till all hire equipment is returned to The agent staff.
