TERMS AND CONDITIONS OF CONTRACT
FOR
AUDIO GUEST BOOK SERVICES
In the following conditions of contract “the Hirer” shall mean Amore Photography, its affiliated companies, Affiliated Persons or any person(s) appointed by Amore Photography “The Clients” shall be those whose agree to the contract and the hire. If the clients arrange for a third party to meet the costs of this contract the contract remains with the clients. The due performance of the contract is subject to the conditions below and cannot be varied in any way by the clients unless expressly agreed by the hirer in writing.
1. The Agreement
The Hirer owns the equipment, which is hired to the client for an agreed period at an agreed price which is stated on the booking form. The client is in no way permitted to modify the equipment during the hire period.
(a) The Hire period is classified as from the moment of dispatch / collection to the moment of return.
(b) Responsibility for the safe keeping of the equipment transfers to the client once the hire period has begun. This means that it is your responsibility to ensure that the equipment is not stolen, vandalised or damaged during your hire period. By accepting these terms, you agree to take full responsibility for the equipment during the hire period.
(c) The hire period consists of a pre agreed period, it is the client’s responsibility to return the equipment within this period.
(d) The client must be aware and acknowledges there is a risk of injury or damage arising out of the use of the Equipment. The Customer agrees to discharge the hirer of all and any responsibility or liability from such injury or damage arising out of the use of the Equipment during the hire period and accept sole liability for the care and use of the Equipment.
2. Collection / Delivery
The equipment is available via collection from a pre agreed location by appointment or can be posted to the client during a courier service. Should the client wish to collect, a pre agreed time and date can be arranged for collection (Excluding weekends). If the client selects a courier service it is the client’s responsibility to ensure that they are in a position to receive the package.
(a) Should the client select courier, the following terms will apply. Delivery will be made to a pre agreed address you must ensure someone is present to accept delivery. Missed deliveries are the client’s responsibility not the hirers.
3. Returning the equipment
It is the clients responsibility to ensure that the equipment is returned to our registered address using a pre paid shipping label which is provided or delivered back to the address at a pre agreed time and date.
(a) Should the client be unable to return the equipment or any parts of the equipment, then they will be liable for the cost of replacement of the equipment.
(b) Should the client return the item damaged and/or not in the condition it was dispatched then the client will be liable for the cost of repair / replacement
(c) Should the client return the item outside of the hire period then further hire charges will apply at a rate of £20 per day,
4.Booking, cancellation and other fees
To book this service clients are asked for a non refundable admin fee of £10. This fee is deducted from the balance of the hire. On postal orders the outstanding hire balance must be paid no later than 30 days prior to the hire period. Collection clients are permitted to pay the hire fee upon collection of the equipment.
(a) Cancelation – Should the client choose to cancel their order; they may do so up until 45 days before the hire period is due to commence. Any monies paid shall be refunded except the £10 admin fee which is non refundable. When cancellation occurs within the 45 day period the full hire fee will apply regardless.
(b) Security deposit – Before any equipment is provided the hirer asks for a £200 security deposit fee, this fee will be refunded by the hirer once the equipment has been returned and is satisfactory in relation to section 3 of this contact. Should the client not return the equipment satisfactory to section 3, then the security deposit will not be released until the equipment has been replaced or repaired. Repair replacement costs are solely at the client expense.
5. Equipment / Breakdown / Indemnity and repair
(a) The hirer shall use all reasonable endeavours to ensure the equipment complies with the description and is of satisfactory quality and fit for purpose. Should a mistake occur on the hirers part if the client notifies Amore Photography immediately it may be possible to rectify.
(b) Breakdown and repair – Clients agree to inform us immediately of any problems in relation to the equipment. Where possible we will provide support. The client accepts that should any fault occur, the hirer will not be responsible for any additional cost other than a refund of the hire fee.
(c) If the client has been negligent in the care and / or use of the equipment then they will be responsible for the full cost of replacement. These are high quality electronic items and due care must be exercised
(d) The client acknowledges that the hirer shall not be responsible for any loss or damage to the equipment and / or persons whilst the equipment is in the client’s care.
(e) The client must be aware and acknowledges there is a risk of injury or damage arising out of the use of the Equipment. The Customer agrees to discharge the hirer of all and any responsibility or liability from such injury or damage arising out of the use of the Equipment.
(f) The client agrees to indemnify the hirer against all costs, claims and expenses arising directly or indirectly from your failure to comply with the law, your breach of this agreement; a contractual claim arising from your use of the Equipment or the Services.
6. GDPR and Data Collection
As per our legal obligation to adhere to GDPR and data collection regulations,
Amore Photography agrees to store all recordings for a period of 6 months. After this, any files stored of recordings may be deleted. If you would like your data deleting after this period, please let us know in the comment section on the booking form. By accepting this contract clients agree to
(a) Amore Photography may use, process, or share the recordings for the purpose of editing and producing the recorded audio files for the provision of an Audio Guest Book to you
(b) Amore Photography may use, process or share the recordings for other purposes such as marketing. Should clients request us not to please note it in the comments section on the booking form.
7. Force Majeure : Whilst every care is taken, this contract is subject to alteration or cancellation by the hirer owing to any cause/s beyond his reasonable control, i.e Act of God, Fire, War, Road closure, Illness etc. Furthermore, whilst every effort is made to preserve the audio captured, the hirer cannot be held accountable for failure / theft of vital equipment eg Memory card malfunctioning.
Amore Photography reserves the right to modify these terms at any time. By Making any booking with Amore Photography the client is stating that they have read and understood these terms and conditions and accept them in full.