WACE General Terms & Conditions

WACE General Terms and Conditions valid from 25.06.2019

 

Preamble

WACE, s.r.o., a Limited Liability Company with its registered seat at Begova 27/11, 984 01 Lučenec, Reg. No.: 47 571 098, registered in the Commercial Register at the District Court in Banská Bystrica, Section: Sro, File: 26130/S (hereinafter “WACE, s.r.o.”) is a legal entity, which within the scope of its business activities focuses mainly on cultural and other social events and providing DJ services.

In order to achieve economic development and continuous improvement of provided services, the company specified above has adopted these General Terms and Conditions, which define the rules for the Company’s activities during organisation of cultural and other social events and DJ services, so that the company, based on the client’s instructions with exercising of professional care, can carry out activities aimed at achieving maximum satisfaction of clients as well as others interested in the aforementioned activities.

These General Terms and Conditions are valid for all binding relationships between the aforementioned company, WACE, s.r.o., and its clients, which will have taken effect as of 25 June 2019.

 

Organisation of cultural and other social events and DJ services

 

1. In general

1.1 The following are the General Terms and Conditions that apply for all contracts, transactions and other business relationships between WACE, s.r.o. its and clients (actual and potential clients interested in the services provided by WACE, s.r.o.) in connection with the organisation of cultural and other social events and DJ services. By ordering a service from WACE, s.r.o., the Client declares acceptance of the General and Conditions of WACE, s.r.o. and agrees with the price set by WACE, s.r.o., if published on the company’s website; otherwise the price for the provided services will be agreed upon between the parties hereto. The conditions are valid for the duration of the parties’ business relationship.

 

2. Task assignment

2.1 For each ordered service, the subject of the order must be clear and not confusable. Any changes, confirmations and/or repetitions must be properly labelled. It is necessary for written orders for services to be confirmed by the Client’s signature. Ordered services will begin being provided only after WACE, s.r.o. confirms and signs the orders.

2.2 WACE, s.r.o. shall not be liable for missed or suspended provision of a service, which may occur due to unclear, incomplete, illegible or otherwise uncertain tasks assigned by the client, without the intention to cause harm. This certainly applies for assignment of tasks carried out verbally or by phone. WACE, s.r.o. shall be entitled to withdraw from the service provision agreement or may reject an order if it receives reliable negative information about the Client.

 

3. Performance of tasks by third parties

3.1 Based on the mediating character of an artists’ agency, WACE, s.r.o. shall have the right to have tasks performed (and services provided) via third parties. The Client hereby agrees that for future assignments the Client shall not contacts such third parties directly, and should the Client breach this restriction, then the Client shall be liable to WACE, s.r.o. for damages, particularly damages in the form of lost profit.

 

4. Prices, offers, advances and payment terms

4.1 All prices and offers published on the website of WACE, s.r.o. are binding. However, should WACE, s.r.o. agree with the Client on conditions of provision of services that differ from the published conditions, the contracting parties’ agreement regarding the conditions of the provided services shall apply. All of the named prices in offers are net prices, not including VAT. Discounts in any form shall not be provided, unless they have been expressly agreed upon.

4.2 When submitting an order, the Client shall pay a 50% advance towards remuneration for provided services. The second half of the remuneration is to be posted to the account of WACE, s.r.o. a maximum of three business days before the provision of the service(s) (before the event).

4.3 Additional payment for unforeseen expenses, travel and accommodation shall be billed by the company within 3 days following the event.

 

5. Delivery schedules, unforeseen circumstances

5.1 In the event of an objective inability to fulfil on the side of WACE, s.r.o. (due to unforeseeable circumstances and similar obstacles or force majeure) that the company may not influence or predict, WACE, s.r.o. shall become entitled to withdraw from the service provision event, if it is obvious that it cannot meet the agreed deadline for service provision.

 

6. Complaints

6.1 Complaints will be recognised and processed only if they are submitted in writing by WACE, s.r.o. within one week from when services are provided.

6.2 Each complaint must contain an exact and exhausting description of the shortcomings in provided services.

6.3 A complaint shall not entitle the client to refuse to pay fees in their full amount and by their due dates for provided services.

6.4 Entitlement to potential compensation shall be governed by relevant provisions of applicable legislation.

 

7. Reassignment

7.1 Reassignment of the Client’s rights and obligations towards WACE, s.r.o. based on the parties’ agreement shall be allowed only after written and signed permission is obtained from WACE, s.r.o.

 

8. Cancellation

8.1 In the event of cancellation of an event by a client, the following conditions shall apply

  1. a) The Client shall be entitled to cancel the order in writing at any time even without specifying a reason.
    b) In the event of a cancellation, the Client shall be required to compensate WACE, s.r.o. for damages arising as a result. For determining the order cancellation date, the date of delivery of the written cancellation notice (withdrawal from the agreement) shall be decisive.

Fees to be paid by the Client in case of cancellation:

90 days or more prior to the scheduled date of the event: 15% of the total booking fee

31 – 89 days prior to the scheduled date of the event: 50 % of the total booking fee

15 – 30 days prior to the scheduled date of the event: 80 % of the total booking fee

14 days or less prior to the scheduled date of the event: 100 % of the total booking fee

The scheduled date of the event shall be understood as the agreed scheduled date for provision of the services.

8.2 WACE, s.r.o. reserves the right to cancel the order or any part thereof if the deposit has not been paid in full, if serious obstacles have arisen, which have prevented the fulfilment of the obligations of WACE, s.r.o. stemming from confirmation of the order or due to force majeure circumstances. WACE, s.r.o. is required to inform the Client immediately of such circumstances and to refund the already paid advance in full.

 

9. Copyrights

9.1 WACE, s.r.o. shall ensure that the artists do not breach copyrights or any other rights of third parties. In the event of their breach, only the artist, not WACE, s.r.o., shall be fully liable for such breach and shall be required to pay compensation for all damages arising as a result of such breach of third parties’ rights.

 

10. Disputes, court jurisdiction and exercising of rights

10.1 All disputes, including disputes only recognised by one party hereto, shall be referred to a civil court with relevant jurisdiction pursuant to applicable law.

10.2 Slovak law shall apply to all agreements, and Slovak courts alone shall have the right to decide regarding any disputes between WACE, s.r.o. and third parties.

10.3 If the Client does not have a permanent residence in Slovakia, the court jurisdiction will be based on provisions of international law. If a choice of court is allowed by international law, then a general court with jurisdiction based on the location of WACE, s.r.o. shall be responsible for settling particular disputes. (At the time of the issuance hereof, that general court is the District Court in Lučenec, Slovak Republic.)

 

WACE General Terms and Conditions valid from 25.06.2019