Terms & Conditions
Background
The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
In Consideration
1. The matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
Services Provided
2. The Services provided are set out in your invoice
Term of Agreement
3. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services.
Currency
4. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
Payment
5. The Contractor will charge the Client a fee of specified in the invoice for the Services (the “Payment”).
6. The client will pay (‘the deposit) within seven days of receiving the invoice. Deposits are only taken if the date of an event is more than 6 months. If less than 6 months payment is required in full.
7. The final balance is due 30 days prior to the event date or on arrival if paying cash. Cash payments must have been agreed in advance.
8. The Contractor will be reimbursed for any expenses incurred in connection with providing the Services of this Agreement, i.e parking or congestion charges where applicable.
Trade Secrets
9. Trade secrets (the “Trade Secrets”) include but are not limited to any data or information, technique or process, tool or mechanism, formula or compound, pattern or test results relating to the business of the Client, which are secret and proprietary to the Client, and which give the business a competitive advantage where the release of that Trade Secret could be reasonably expected to cause harm to the Client.
10. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Trade Secrets which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
Ownership of Intellectual Property
11. All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non- exclusive limited-use license of this Intellectual Property.
12. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.
Capacity/Independent Contractor
13. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Right of Substitution
14. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor’s absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
15. In the event that the Contractor hires a sub-contractor:
• The Contractor will pay the sub-contractor for its services and the Payment will remain payable by the Client to the Contractor.
• For the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
Autonomy
16. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
Equipment
17. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the invoice.
No Exclusivity
18. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
Notice
19. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties.
Additional Clauses
20. Priority Parking must be provided for the contractors by the client for unloading and loading of equipment. In the case of paid parking all parking expenses will be forwarded by the contractor to the client and must be paid on arrival. Failure to do so may result in termination of contract by the contractor.
21. A deposit of £100 is taken against our glassware, ‘glassware deposit’. The glassware deposit is fully refundable providing we have incurred less than ten percent loss or damage.
In the case of loss/damaged glassware the cost for these items will be deducted from your deposit.
22. We do not tolerate any abuse or violence against any of our staff or contractors. In the case of any such acts we reserve the right to refuse service or to terminate the contract immediately with no refund.
23. All staff are required to have access to food if our duration of service or travel time is greater than two hours if there is food being served.
24. We are not responsible for any litter or rubbish created by guests – this includes broken glass or spillages in any areas other than around our bar.
25. Our bins are for waste produced from our services only. We do not accept rubbish from catering either from other vendors or guests. The Venue or catering companies must be responsible for their own waste.
26. In the event the venue does not allow our staff kitchen access or the kitchen access provided is deemed unfit by us we reserve the right to switch to paper cups.
27. After the service has concluded the contractor will switch any remaining glassware to paper takeaway cups. In the event guests refuse to return glassware the client will be charged a fee for each missing item.
28. Any issues as a result of our service should be raised by the client with the contractor at the time of the event. After such time the contractor reserves the right to offer no compensation or goodwill gestures as the service has been fulfilled.
Cancellation Policy
29. The client has the right to cancel the agreement up to 7 days after payment is made with no penalty (cool down period). Any deposit paid will be returned in full. After the cool down period the deposit/any payment made will be non-refundable. If a cancellation is made up to 7 days of the event the client may be required to pay the amount in full.
The contractor reserves the right to cancel our agreement without notice. In such cases any amount paid will be returned in full.
Contact for Cancellation
30. For all cancelations please email enquires@ministryofcocktails.co.uk
Modification of Agreement
31. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.