Zest Mixology Global Ltd – Terms and conditions

These are the standard Terms and Conditions which apply to all Events booked with Zest Mixology Global Ltd, a company registered in England and Wales under number 7588484 whose registered address is Suite 34, Sugar Mill, Oakhurst Road, Leeds, LS11 7HL (“the Company”).
These Terms and Conditions apply to business Clients only – we do not provide our services directly to consumers (as defined in the Consumer Rights Act 2015

 

1. Definitions and Interpretation:

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Booking” means the provisional booking of the Event, including setting the date and agreeing the fees;
“Client, ”“You” and “Your” means the individual, firm or corporate body purchasing the Services. Where an individual is entering into this Contract on behalf of a business, the individual confirms they have the authority to do so and to contractually bind that business and the business shall be the Client in the context of this Contract; “Confirmation” means our confirmation that the Booking has been accepted;
“Contract” means the contract formed once the Booking has been accepted, as explained in clause 2;
“Eventmeans ” the event we are providing, as detailed in the Service Level Agreement;
“Materials” means the goods to be provided as a supplement to the Event;
“Price” means the price payable for the Booking;
“Venuemeans ” the premises at which the Event is to be held, and includes any part of it;
“We”“, Us a”nd “Our” means the Company and includes our employees, subcontractors and agents. 1. Each reference in these Terms and Conditions to “writing” and “written” includes emails and text messages.

2. The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.

3. Each reference to the singular number shall include the plural and vice versa. Each reference to any gender shall include the other gender. References to persons shall include corporations.

 

2. The Contract and the Booking

1. These Terms and Conditions govern all Events provided by us and will form the basis of the Contract between you and us. Before making a Booking, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.

2. Nothing we may provide to you including, but not limited to, sales and marketing literature, pitches or price lists, constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that we may, at our discretion, accept.

3. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.

4. If there is an obvious pricing error we will be under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing.

5. You are responsible for the accuracy of any information submitted to us and for ensuring that the Contract reflects your requirements. The Service Level Agreement is based on the information provided to us at the time of its preparation. Should any errors or discrepancies become evident which affect our order value, we reserve the right to make adjustments to it.

6. All Bookings will be subject to these Terms and Conditions. A legally binding Contract between you and us will be created only once we accept your Booking, which will be indicated by the signing of this document.

7. Once the Booking has been confirmed, any rescheduling and/or cancellations will be subject to clause 11 below.

 

3. The Event Services

1. We shall provide flexible, scale-able experiences and event management services, both virtually and in-person. Calling on our extensive global team of trained and insured practitioners, presenters and production staff to deliver engaging, unique and inspiring content.

2. Any specifics regarding exact outcomes of the event services we may discuss are as a guide only and are dependent on the circumstances, such as timing, weather, venue issues, willingness of participants, and delays. We shall endeavour to maintain our services in accordance with the agreed schedule, however we shall not be liable for divergences from such.

3. Your responsibilities:

1. promptly and fully respond to all Our communications relation to the provision of the Services fully and promptly liaise with Us on matters relevant to the provision of the Services;

2. ensuring there is a suitable representative and appropriate support staff available at all times and that they shall be a decision-maker with respect to the Event;

3. provide proper and clear instructions to Us in respect of all Your requirements in relation to the Services, any Additional Services or in connection with the Agreement;

4. at Your sole cost and expense provide Us with such access to the relevant information and other materials relevant to the Services as We may reasonably to provide the Services;

5. assume responsibility for complying with all laws and regulations in connection with the Services;

4. It is your responsibility to ensure we are notified of anything that may be relevant to your, or any participant’s, ability to take part in the Event, at the time of Booking or within a reasonable period before the Event. This may include, but is not limited to, disability access or dietary requirements and allergies, travel information and any other information we notify you is required.

5. If you fail to disclose any relevant information in accordance with clause 3.4 and we are either informed on the day of the Event or the non-disclosure transpires otherwise, we reserve the right to charge for any additional fees we may incur as a result.

 

4. Participants

1. You will need to specify the approximate number of participants taking part in the Event when making your Booking. We appreciate that this may be subject to change and work on a maximum numbers basis. Final numbers must be given and registered as soon as possible and in any event within 14 days of the Event in order that the appropriate fees can be levied in the final payment.

2. Where we have detailed a maximum number of participants, you will be required to pay in full for this maximum number, regardless of whether fewer participants take part in the Event.

3. Should the number of participants increase, we will use all reasonable endeavours to accommodate this but cannot guarantee it will be possible. We may need to change the arrangements relating to the Booking to accommodate the additional participants (for example, employing additional staff, or updating the platform or venue) therefore there may be an increased overall cost. We will advise of this when you contact us and the additional cost will be added to the final Price.

4. All persons attending the Event agree to abide by these Terms and Conditions and any specific rules and reasonable instructions we (or any third party instructed on our behalf) may provide. Where you have made the Booking on behalf of any other person(s), you agree to accept full responsibility for their actions or lack of actions and will ensure each individual complies with these Terms and Conditions.

5. We reserve the right to insist you remove from the Event, without any right to a refund, any person who, in our sole opinion, is not complying with these Terms and Conditions or is exhibiting offensive, violent or unsafe behaviour. We also reserve the right to abort the Event should this condition not be suitably complied with.

 

5. Materials

1. Where we are supplying Materials for your Event it shall be your responsibility to ensure you give us all appropriate delivery information as required. Where we are to deliver directly to participants, we must have full addresses no less than the date specified in the Service Level Agreement.

2. Your Service Level Agreement shall contain a contents list of relevant Materials to be sent to each participant, should any of these Materials be incorrect, damaged or otherwise not suitable, you shall notify us immediately.

3. Certain Materials may be alcoholic or otherwise age restricted, it shall be your responsibility to ensure all products are delivered to a person of suitable age to receive such.

4. We shall deliver the Materials on the agreed date, no less than 2 days prior to the Event, by courier. If no one is available at the delivery address to receive the Materials and the Materials cannot be posted through the letterbox or left in a safe place nominated, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Materials.

5. We shall make all reasonable endeavours to ensure that the Materials reach all Participants in good time, however this shall be subject to outside influence we shall send the Materials in suitable time to allow correction of unforeseen issues such as parcels lost in transit. Should the Materials have not reached a participant within 2 days of the event you must notify us and – subject to availability – we shall dispatch the contingency Materials purchased.

 

6. Virtual Production

1. Where you are responsible for production of the Event you shall ensure that a suitable platform is used, appropriate technical support and producers are supplied with suitable contingencies.

2. Where we are to provide Production of the Event we shall use the platform as agreed within the Service Level Agreement and will send appropriate joining instructions within a reasonable time prior to the Event.

3. We shall produce the Event in accordance with our standard production level from a suitable space within the presenters home addresses with minimal distractions, background noise and good internet access.

4. Should you require specific quality, equipment or compositions such as HD cameras, location shoots or studio hire, we will agree any additional costs prior to agreement of the contract. Should these not be notified at the time of entering the agreement it shall be treated as a variation in accordance with clause 8.6.

5. Participants must attend the arranged Session on time ensuring they are in an appropriate location, with minimal distractions and good wi-fi access.

6. Sharing of accounts and joining instructions is not permitted unless we expressly authorise this in writing. Participants are required to keep details confidential and must not reveal usernames and/or passwords to anyone.

7. During the Event, participants must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, vulgar, obscene, threatening, harassing, defamatory or discriminatory. Any failure to comply with this clause could result in the suspension and/or removal of their access.

8. We make no warranty that any Services provided will be uninterrupted or error-free however specific contingency plans to ensure we deliver the very best service possible are detailed in the Service Level Agreement.

9. We shall provide you with technical support contact details prior to the Event, where participants have technical issues when trying to access the Event they must notify us as soon as possible. We shall do as much as reasonably possible to ensure all participants and hosts are able to connect to the Event however shall not be liable for any failures due to technical problems experienced by the guests that are outside of our control.

 

7. Price and Payment

1. Unless otherwise agreed by us in writing, 30% of the Price is due upon making the Booking. Bookings will not be deemed confirmed until this is paid in full. This payment is non-refundable except in accordance with clause 11.5.

2. Payment for all Materials must be paid 100% in advance upon placing the Booking. We shall not place orders with our suppliers until this is paid in cleared funds.

3. The final payment of 70% is due as cleared funds 28 days prior to the Event date.

4. However, we reserve the right to invoice by way of further staged payments or 100% up front and if this is the case, will notify you of this in our Service Level Agreement.

5. We may charge reasonable expenses in addition to the Price, such as for travel and accommodation. No such sums will be incurred or charged unless you agree this in advance.

6. We will invoice for any extras requested by you and for any additional costs incurred by us.

7. All Prices exclude VAT, where applicable. If the rate of VAT changes between the date of your Booking and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect Bookings where we have already received payment in full from you.

8. If payment is not made on the due date, we may stop providing the Services, cancel this Agreement and retain any amounts already paid by You. We will charge interest on the outstanding amount at a rate of 8% per annum above the Bank of England base rate, accruing on a daily basis from the due date until the date of actual payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. We may refuse to provide any further Services until such time as any outstanding payment has been received and we cannot be held liable for any delays caused as a result. If you have promptly contacted us to dispute an invoice in good faith, we will not charge interest while such a dispute is ongoing.

 

8. Delays and Contingencies

1. Where you believe that you or the participants may be late to the Event you must give us notice as soon as you become aware of any delay. We reserve the right to include this wasted time as part of your Event and no refund or reduction in fees shall be given.

2. Where possible we shall endeavour to delay the Event to ensure the client is still able to receive the full time booked, however this is subject to availability of our team. We reserve the right to levy additional charges for such to take account for additional staff and resources used where necessary.

3. We will not take responsibility for any delay in reaching any Venue due to road works, traffic delays, or any other events outside of our control. However, time for potential travel delays is always built into travel plans.

4. In the event of unforeseen circumstances we shall endeavour to prevent delays to the Event or the need to reschedule by using contingency plans as detailed in the Service Level Agreement. We shall endeavour to make these as close as possible to the original Service Level Agreement however this may involve changes to hosts or presenters, a change of date or the use of prerecorded content where appropriate.

 

9. Rescheduling and Variations

1. You may change your Booking after receiving Confirmation, by giving suitable notice before the Event date. We will use all reasonable endeavours to accommodate any requested changes but cannot guarantee that we will be able to do so.

2. Where the change is within 60 days prior to the Event date we shall charge to you our reasonable admin fees. Where the changes to the Booking incur additional costs such as for staff, expenses or cancellation fees these shall be chargeable.

3. Where a major change to the Event is requested within 14 days of the Event, we reserve the right to consider this a cancellation if the changes are not viable.

4. We may reschedule the Event without liability to you by giving written notice if the required staff are not available for any reason or if any circumstances beyond our control occur. We shall work with you to arrange a date that best works for both parties, however this does not constitute a breach of the agreement and shall not allow you to cancel in accordance with clause 11.3.1.

 

10. Cancellations

1. Cancellations at any time after receiving Confirmation shall be subject to the following charges:

1. if we receive more than 120 days’ notice of the cancellation we shall charge costs incurred to date, including but not limited to cancellation charges up to a total of 20%;

2. costs incurred to date or 40% of the total Price, whichever is the higher, will be payable if we receive more than 90 but fewer than 119 days’ notice of the cancellation;

3. costs incurred to date or 60% of the total Price, whichever is the higher, will be payable if we receive more than 60 but fewer than 89 days’ notice of the cancellation;

4. costs incurred to date or 80% of the total Price, whichever is the higher, will be payable if we receive more than 14 but fewer than 59 days’ notice of the cancellation;

5. costs incurred to date or 90% of the total Price, whichever is the higher, will be payable if we receive more than 8 but fewer than 13 days’ notice of the cancellation;

6. 100% of the total Price will be payable if we receive fewer than 7 days’ notice of the cancellation.

2. We may terminate this Contract without liability to you by giving written notice if:

1. any sum owing to us by you under any of the provisions of this Contract is not paid on the due date for payment;

2. our required personnel including but not limited to hosts performers and tech support are unavailable for any reason;

3. an event occurs outside of our reasonable control.

3. Either Party may terminate this Contract without liability by giving written notice to the other, if the other Party:

1. commits any material breach of any of the provisions of this Contract and, if the breach is capable of remedy, fails to remedy it within 30 days after being given written notice of the breach and requiring it to be remedied; or

2. goes into bankruptcy, liquidation or administration either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation), if a receiver is appointed in respect of the whole or any part of its assets, or if the other party ceases, or threatens to cease, to carry on business.

4. Upon termination of this Contract for any reason, any sum owing to Us under any of the provisions of this Contract will become immediately due and payable.

5. If you cancel in accordance clause 11.3.1, we will refund any payments made to Us in advance, within 14 days of our acceptance of your cancellation, provided the Event has not yet taken place.

6. For the purposes of this clause 11, a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the cancelling 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.

 

11. Insurance and Licences

Each presenter holds the appropriate Public Liability Insurance for their activities, details are available upon request. A PRS Limited Online Music Licence is held to allow for copy righted music to be played within the virtual platform. Any additional licenses relevant to the Event will be discussed on a case by case basis.

 

12. Our Liability

1. Except in respect of death or personal injury caused by our negligence, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our servants or agents or otherwise) in connection with the performance of our obligations under the Contract.

2. All warranties or conditions whether express or implied by law are expressly excluded to the full extent permitted by law.

3. In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, shall not exceed the fees and expenses paid by you for the Event.

4. We are not responsible for damage to the Venue or for loss or damage of any personal belongings, unless caused by us.

5. Any loss or damage to our equipment, caused by you or any person attending the Event, must be paid for immediately.

 

13. Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: failure of any third party such as the Venue, adverse weather, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, fire, flood, storm, earthquake, subsidence, acts of terrorism (threatened or actual), acts of war, epidemic or natural disaster, or any other event beyond our reasonable control.

 

14. Intellectual Property

1. Subject to a written agreement to the contrary, we retain ownership in all intellectual property which may subsist in the provision of the Services. Nothing in the Contract will vest any ownership rights in you

2. Provided payment is made in accordance with the terms of payment above, we will grant you a non-exclusive license to use the intellectual property the subject of the Contract, only for the purposes for which we are engaged by you until the end of the Event. You may not reuse, copy, sub-licence or otherwise wrongfully use the intellectual property rights without our prior written permission.

3. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of our intellectual property rights.

4. We reserve the right to use any materials, copy, or any other Services provided by us, together with your company name, for our own advertising or promotional purposes unless you specifically express otherwise in writing

5. You warrant that any logo, design, image, document or instruction supplied or given by you will not cause us to infringe any intellectual property rights of any third party (including, but not limited to, any letter patent, registered design or trade mark) in the execution of our Services. You will indemnify us against all loss, damages, costs and expenses awarded against us or incurred by us in settlement of any claim for infringement of any patent, copyright, design, licence, trademark or any intellectual property rights which results from our use of your information.

 

15. Communication and Contact Details

1. We always use reasonable efforts to ensure that the Event is trouble-free. If, however, there is a problem with the Event, we request that you inform us at the time and we will endeavour to resolve it.

2. In certain circumstances you must contact us in writing. When contacting us in writing you may contact us by email.

 

16. Dispute Resolution

1. The Parties shall attempt to resolve any dispute arising out of or relating to this agreement through negotiations between themselves in good faith.

2. If negotiations under sub-Clause 17.1 do not resolve the matter within 30 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure

3. The Parties hereby agree that the decision and outcome of the final method of dispute resolution under this Clause 17 shall be final and binding on both Parties.

 

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

1. Both parties agree that all personal information that may be collected will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and any amendments to it.

2. We may use your personal information to provide the Event (which will involve passing your personal information to the Venue and any other third parties directly involved in the Event) and to process your payment.

3. We may use your personal information to inform you of new events, offers and services available from us if you have agreed to receive such communications. You may request that we stop sending you this information at any time. We will not pass on your personal information to any other third parties without first obtaining your express permission.

4. We may also take and use photographs and videos from the Event in marketing literature, on social media and on our website. Please let us know if you do not consent to this. Any photographs and videos we take will belong to us.

5. You warrant and agree that if you pass us the personal data of any third party (including, but not limited to, any participant at the Event), you have obtained the express permission of such parties to pass their data to us. We will only collect, use and hold such data to perform our obligations under the Contract.

 

18. Other Important Terms

1. We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if for example, if we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.

3. The Contract is 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 these Terms and Conditions.

4. Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. The validity and enforceability of the remaining parts of the Contract would not be affected.

5. If the rights under these Terms and Conditions are not exercised or enforced following a breach of contract by either party, this does not mean that either of us has waived our right to do so at a later date.

 

19. Governing Law and Jurisdiction:

These Terms and Conditions and any Contract between us will be in accordance with the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.

We would love to hear from you…

One of our dedicated sales representatives will respond to your inquiry within 24 hours.

AWARDS & ACCREDITATIONS

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Lux Life Global Excellence Awards
NEC Group
Compass Group