EVENT & HIRE TERMS OF BUSINESS

These Terms of Business shall form the basis of any contract for services, between our company and you.
We provide Casino themed entertainment services, experiences, props and equipment to our clients both acting as Consumers and also being in the course of a Business.
We shall supply our services for your event subject to these our Terms of Business.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day”

Means any day other than a Sunday or bank holiday;

“Calendar Day”

Means any day of the year;

“Deposit”

Means an advance payment made to Us under sub-Clause 4.3;

“Event”

means the event for which You require the Event Supply Services as specified in Schedule 1;

“Event Supply Services”

Means the Event Supply Service which are to be provided by Us to You as specified in Schedule 1;

“Month”

Means a calendar month;

“Price”

Means the price payable for the Event Supply Service as fully detailed in your quotation;

“We/Us/Our”

Means the Service Provider;

“You/Your”

Means the Client who hires the event or equipment;
1.2  Each reference in these Terms of Business to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means. For Legal reasons, Facebook, Twitter, WhatsApp and Telegram messages are specifically excluded. Any legal notices or any official communications, must be made formally in writing and mailed to the Company’s registered office.

1.3  Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.

1.4  Each reference to these Terms of Business is also a reference to the Contract for Services and each of its Schedules as amended or supplemented at the relevant time.

1.5 The headings used in these Terms are for convenience only and shall have no effect upon the interpretation of them.

1.6  Each reference to the singular number shall include the plural and vice versa.

1.7  Each reference to any gender shall include the other gender or no gender as self-identified and substituted with ‘X’.

1.8 References to persons shall also include corporations and businesses.

2. Information About Us

2.1  We are Ace of Diamonds Fun Casinos Ltd., a Limited Company  [registered in England under number 06182904 and whose registered address is 10 Goldington Crescent, Billericay, Essex CM120QJ, and who’s main Trading Address is located at Oaklands Farm Estate, Unit 4, Goatsmore Lane, Ingatestone, Essex CM49RS.

3. The Contract

3.1  We ask that you read these Terms of Business carefully as you will be legally bound by them in a contract for services. If You are unsure about any part of the terms, please ask Us for clarification.

3.2  A legally binding contract between Us and You will be created upon our mutual acceptance of these Terms.

3.3  Both parties hereby acknowledge that We have given or made available to You the following information (save for where such information is already apparent from the context of the transaction):
3.3.1  The main characteristics of the Event Supply Service;
3.3.2  Our identity (set out above Clause 2) and contact details (as set out below in Clause 10);
3.3.3  The total Price for the Event Supply Service including taxes or, if the nature of the Event Supply Service is such that the Price cannot be totally calculated in advance, the manner in which it will be calculated;
3.3.4  The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Event Supply Service;
3.3.5  Any specified Hire Period involved;
3.3.6  Our complaints handling policy;
3.3.7  Where applicable, details of any deposits to pay, damage charges and cancellation charges; and
3.3.8  The duration of the contract for services, where applicable and the conditions for terminating it.

4. Price and Payment

4.1  The Price payable for the Event Supply Service will be detailed in a quote given to you.

4.2  All charges shown shall include VAT. If the rate of VAT changes between the date of the contract and the date of Your payment, We will adjust the rate of VAT that You must pay.  Changes in VAT will not affect any Prices where We have already received pre full payment from You.

4.3  Before We begin providing the Event Supply Service, You will be required to pay a Deposit of 50% of the total Price for the Event Supply Service with the balance 21 days before the date of the event. If the event is less than 21 days from the date agreed, payment may be required in full.

4.4  You may be asked to make a deposit in respect of potential damage to our equipment and props. If this is requested such deposit will be returned to you within 7 days of the end of the event or Booking upon satisfactory inspection of our equipment and Props.

4.5  In certain circumstances, if the Event Supply Service is cancelled, Your Deposit may be refunded in full or in part at our discretion. The amount due will be calculated based upon the Price for the Event Supply Service and the amount of work (if any) already undertaken by Us, and any third-party fees that have been paid out in advance of the Event. Please refer to Clause 9 for details of cancellation.

4.6  At present we accept the following methods of payment:
4.6.1  Bank deposit of funds;
4.6.2  Cash payment;

4.7  Credit and/or debit cards will be charged at the time of booking and prior to the Event taking place if card payment is offered.

4.8  If We agree to payment by an invoice, You must pay us  by the due date as shown on the relevant invoice, We may charge You interest on the overdue sum at the rate of 5% per annum above the then base lending rate of Barclays Bank PLC. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.

4.9  If payment of the Price is required before Your event begins, please note that failure to make the payment by the due date may result in Us not providing the Event Service. If this occurs, We will retain Your Deposit in full to cover preparatory work already undertaken and Our lost opportunity to provide services to another customer. We may still demand payment for any part of the Event Supply Service/s that We have already provided (including, but not limited to, preparatory work and third-party fees).

4.10  Sub-Clause 4.8 will not apply if You have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.

5. Providing the Event Supply Service

5.1  As required by law, We will provide the Event Supply Service with reasonable skill and care, consistent with best practices and standards in the Event Supply Service market, and in accordance with any information provided by Us about the Event Supply Service and about Us.

5.2  Subject to the receipt of all payments due, We will provide the Event Supply Service as agreed in your contract. If you subsequently cancel any of the services originally requested in your booking, you may still be liable for the cost of those services at our absolute discretion.

5.3  We will make every reasonable effort to provide the Event Supply Service on time. We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please see Clause 8 for events outside of Our control.

5.4  If We require any information, items or action from You in order to provide the Event Supply Service, We will inform You of this as soon as is reasonably possible.

5.5  If the information or items You provide, or the action You take under sub-Clause 5.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or items that You have provided or action that You have taken, We may charge You a reasonable additional sum for that work.

5.6  It is an express condition of Our providing the Services, that our attending personnel and any staff or performers are respected and with due dignity. We will not tolerate any rudeness, abuse, discrimination, unwelcome attention or unreasonable behaviour by attendees at the Event or Venue. Should this occur then we reserve the right to immediately suspend or halt the provision of Our Services and no refund shall be given.

5.7  It is an express condition of Our providing the Services that our equipment and props are treated with respect. Any damages or breakages if caused by unreasonable behaviour or negligent or deliberate action will be charge for at the cost of replacement. We retain the right to deduct the cost of any damages or losses from any damages deposit you may have been asked to deposit. Should this be insufficient to cover the cost, We reserve the right to issue an invoice for such damages or loss payable upon demand.

5.8  At all times we reserve the right to decline any booking at our absolute discretion. A contract for Our Services will not be valid until we have accepted and confirmed your order for Our Services in writing.

5.9  At the events we may take photos or video clips, for our own records and for use in our Website or promotional material. You agree that the copyright to any footage or stills belongs to Us and no payment or royalty shall be payable. If you prefer that such photography was not taken then please advise us or discuss any restrictions.

6. Problems with the Event Supply Service and Your Legal Rights

6.1  We always use reasonable efforts to ensure that provision of our services is trouble-free.  If, however, there is a problem with our services, We request that You inform Us as soon as 

6.2  We will use reasonable efforts to remedy problems with the Event Supply Service as quickly as is reasonably possible and practical in the relevant circumstances.

6.3  We will not charge You for remedying problems under this Clause 6 where the problems have been caused by Us, any of Our agents or employees or sub-contractors, or where nobody is at fault.  If We determine that a problem has been caused by incorrect or incomplete information or items provided by You, or incorrect or incomplete action taken by You, sub-Clause 5.5 will apply and We may charge You for such remedial work.

6.4  As a consumer, You have certain legal rights with respect to the purchase of services.  If We do not perform the Event Service with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price.  If the Event Service is not performed in line with information that We have provided about it, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, then You have the right to a reduction in price.

6.5  If for any reason We are required to repeat the Event Supply Service in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where You have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method.

6.6  Please note that for manned or attended events we provide, these are considered live-interaction events and are bespoke to your event or booking. As such they are classed as ‘Bespoke Services’ and are exempt from any 14 day cool-off period or automatic cancellation. Any and all deposits are non-refundable due to the services being bespoke ones.

7. Our Liability

7.1  We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of the contract or as a result of Our negligence (including that of Our employees, agents or sub-contractors).  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

7.2  We provide Event Services and event for both business and domestic/ private use (or purposes). We make no guarantee, warranty or representation that the Services are fit for commercial purposes of any kind or will satisfy your needs. You are solely responsible to make your own judgement whether to order our Services. We offer no fun or satisfaction guarantee. By entering into the contract, You agree that You will not use the Event Supply Service for such purposes.  We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

7.3  If We are providing Services in Your property and We cause any damage, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property or the actions of any guest or other attendee.

7.4  Nothing in the contract seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors), or for fraud or fraudulent misrepresentation.

7.5  Nothing in the contract seeks to exclude or limit Our liability for failing to perform the Event Supply Service with reasonable care and skill or in accordance with information provided by Us about the Event Supply Service or about Us.

7.6  Nothing in the contract seeks to exclude or limit Your legal rights as a Consumer or as a Business User.

8. Events Outside of Our Control (Force Majeure)

8.1  We will not be liable for any failure or delay in performing Our obligations under the contract for services where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), closure or suspension of venues, epidemic or pandemic, nor any restrictions or government ordered lockdowns due to Covid or any other virus outbreak or other public health implications, other natural disaster, or any other event that is beyond Our reasonable control.

8.2  If any event described under this Clause 8 occurs that is likely to adversely affect Our performance of any of Our obligations under the contract:
8.2.1  We will inform You as soon as is reasonably possible;
8.2.2  Our obligations under the contract will be suspended and any time limits that We are bound by may be extended accordingly by agreement;
8.2.3  We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Our Services as necessary;
8.2.4  If an event outside of Our control occurs and You wish to cancel the contract, You may do so in accordance with Your right to Cancel under sub-Clause 9.2.3. However, your attention is drawn to the bespoke nature of the services and that no refund of any deposit or fees already paid out shall be possible or made;
8.2.5  If the event outside of Our control continues for more than 4 weeks, We may cancel the contract in accordance with Our right to cancel under sub-Clause 9.4.3 and inform You of the cancellation. Any refunds due to You at our discretion as a result of our cancellation will be paid to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

9. Cancellation

9.1  You are free to cancel the contract for services at any time by giving Us 14 days written notice.  If You have made any payment to Us for Our Services and We have not yet provided them, these sums will be refunded to You within 14 days, less any non-refundable deposit or any amounts already paid out in relation to the event/ booking. Any refunds due to you will be paid as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of Your cancellation.

9.2  If any of the following occur, You may cancel the Services and the contract immediately by giving Us written notice.  If You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of Your cancellation.

9.3  If We have provided Event Supply Service that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 4. You will not be required to give 14 days notice in these circumstances:
9.3.1  We have breached our contract with you in any material way and have failed to remedy that breach within 3 days of You asking Us to do so in writing; or
9.3.2  We enter into liquidation or have an administrator or receiver appointed over Our assets; or

9.3.3  We wish to change the terms of the contract to Your material disadvantage.

9.4  We may need to cancel the Event Supply Service before We begin providing them due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing You of the cancellation.

9.5  If any of the following occur, We may cancel the Event Service and the contract  immediately by giving You written notice. If We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 4.  We will not be required to give 14 days notice in these circumstances:
9.5.1  You fail to make a payment on time as required under Clause 4 (this does not affect Our right to charge interest on overdue sums under sub-Clause 4.8); or
9.5.2  You have breached the contract in any material way and have failed to remedy that breach within 3 days of Us asking You to do so in writing; or
9.5.3  We are unable to provide the Event Service due to an event outside of Our control (for a period longer than that in sub-Clause 8.2.5).

9.6  For the purposes of this Clause 9 (and in particular, sub-Clauses 9.2.1 and 9.4.2) a breach of the contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

9.7  In the event of any cancellation by You or by Us or caused by Force Majeure, We will not be liable for any venue cancellation charges or any other fees which are non-related to Our contract.

10. Communication and Contact Details

10.1  If You wish to contact Us, You may contact Us by telephone at <<insert number>> or by email at info@funcasinohire.com.

10.2  In certain circumstances You must contact Us in writing. When contacting Us in writing You may use the following methods:
10.2.1  Contact Us by email at info@funcasinohire.com; or
10.2.2  Contact Us by pre-paid post at our Registered office listed above.

11. Complaints and Feedback

11.1  We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

11.2  All complaints are handled in accordance with Our complaints handling policy and procedure, available upon request.

11.3  If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, the contract or the Event Supply Service, please contact Us using the details shown in Clause 10.

12. How We Use Your Personal Information (Data Protection)

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to the Our Privacy & Data Notice available at the footer of Our Website Homepage.

13. Other Important Terms

13.1  We may transfer (assign) Our obligations and rights under the contract to a third party (this may happen, for example, if We sell Our business).  If this occurs You will be informed by Us in writing. Your rights under the contract will not be affected and Our obligations under the contract will be transferred to the third party who will remain bound by them.

13.2  You may not transfer (assign) Your obligations and rights under the contract without Our express written permission (such permission not to be unreasonably withheld).

13.3  The Contract will be solely  between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the contract.

13.4  If any of the provisions of the contract are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of the contract.  The remainder of the contract shall be valid and enforceable.

13.5  No failure or delay by Us or You in exercising any of our respective rights under the contract means that such right has been waived, and no waiver by Us or You of a breach of any provision of the contract means that either Party will waive any subsequent breach of the same or any other provision.

14. Governing Law and Jurisdiction

14.1  The contract for services and the relationship between You and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of England & Wales.

14.2  Any dispute, controversy, proceedings or claim between You and Us relating to the contract or the relationship between You and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts in England.

Ace of Diamonds Fun Casino Hire has been providing Casino Hire, Casino Nights and Casino Party Events for 19 years.

Ace of Diamonds Fun Casino brings you top class fun casino entertainment with all the fun and excitement of a real casino. Let us deal you a winning hand! You do not need a gaming licence to have a fun casino. Ace of Diamonds Fun Casino is fully insured and run to comply with the 1976 Amusement and Lotteries Act.

01277 654236

07855-792756 (after 5pm)

info@funcasinohire.com 

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