Client Terms and Conditions
These are the standard terms of Client Business of DigiLab Group Ltd trading as Infinity Media (IM), and all work undertaken by IM shall be on these terms unless specifically varied in writing and agreed to by both parties prior to the event.
Event Booking Details
1.1 All bookings will be regarded as provisional until a signed copy of these Terms & Conditions has been received from the client, along with a non-refundable deposit for the required services (as set out in Clause 2.4 below), and only if accepted by IM will the booking be confirmed. IM is not under any obligation to continue holding provisional bookings beyond the given option date (usually 10 working days from the time of booking), if these have not been received. For the purposes of this Agreement “working days” shall mean Monday to Friday inclusive.
Price & Payment
2.1 All prices quoted by IM may be amended when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of IM.
2.2 Any query arising from an invoice must be notified to IM in writing by the Client within 10 working days of the date of the invoice receipt. Failure to comply will render the full invoice payable on the due date.
2.3 It is strictly the responsibility of the representative of the Client confirming the booking to inform all relevant parties of the payment terms, as set out by IM.
2.4 Deposit – A deposit of 50% of the total fee payable (including GST) of any event or programme shall be payable on acceptance of any quote from IM. The remaining 50% shall be known as the “balance”.
2.5 Balance Due – the balance of the total fee shall be payable 14 working days prior to the event date.
2.6 Additional Expenses – any additional expenses or fees resulting from any changes made by the Client, that have not been listed in the agreed quotation but subsequently incurred by IM, will be invoiced separately after the event.
Payment will be due within 5 working days of presentation, any queries thereon raised within 3 working days of presentation and payment shall be made in accordance with clause 2.9. IM will agree any additional expenses or fees with the client prior to these being incurred.
2.8 Late Bookings – Should a booking be made within 20 working days of the event date, payment in full will be required to secure services for the date requested.
2.9 Methods of Payment
DigiLab Group Ltd
Ref: Your Invoice Number
Invoices are payable by Credit Card on request, however, a 2.9% processing fee will apply. Please email [email protected] to request this option.
3.1 This clause applies to the following: where the client (a) cancels the entire event, (b) cancels partial use of the facilities for the event or (c) reduces the duration of the event as a result of which the contracted value is reduced.
3.2 Should an event be cancelled, the following cancellation charges will apply and extend to the total charge which includes: any required accommodation or/and travel, function room hire, equipment, pre-booked food and beverage charges. In addition, the client will settle any third party charges incurred by IM on behalf of the client.
Cancelation Clause %
More than 30 working days prior to the event Nil
10 to 30 working days prior to the event 50%
5 to 10 working days prior to the event 80%
5 working days or less prior to the event 100%
3.3 All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.
3.4 IM reserves the right to cancel the client’s booking if there has been a change of more than 40% of the client’s original requirements. Written notification will be sent to the client.
3.5 Any postponements of confirmed and contracted business will be considered as a cancellation in accordance with the above cancellation clause. However, provided the revised event date is agreed and takes place within 90 working days of the original event date, payments received by IM from the client shall form a credit towards the future event.
3.6 The client shall, in that eventuality, be liable for any and all costs or expenses incurred by IM as a direct result of the postponement.
Neither IM or its employees or agents shall be liable for any damage, loss, delay or expenses caused to the client, its employees, agents, licensees or invitees or any other persons attending the event except insofar as it results from the negligence of IM or breach of contract. The client agrees to indemnify and hold IM harmless against all such claims.
IM shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God (other than one arising from or related to directly or indirectly from volcanic ash), strikes, lock outs, accidents, war, fire, breakdown of plant or machinery, and IM shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law of New Zealand and the parties hereby submit to the exclusive jurisdiction of the New Zealand courts.
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.