Terms & Conditions
WEDDINGS by INGE NIELSEN and INGE NIELSEN COLLECTION
Bespoke Wedding and Event Planning
TERMS AND CONDITIONS
“We” are (“Planner”):
INGE NIELSEN LTD trading as WEDDINGS by INGE NIELSEN and INGE NIELSEN COLLECTION (company number 11813634 whose registered office address is Studio Unit 11b, Greenway Farm, Bath Road, Wick, Bristol, BS30 5RL)
“You” are (“Client”):
The customer or customers that received the proposal (where more than one person, they shall be jointly and severally liable).
1. Definitions
In this agreement:
“Assignment” means the project of work, and our Services set out in the proposal.
“Deposit” means the sum paid by the Client at the commencement of the Assignment to secure the date of the delivery of the Services for and at the Event, and to allow us to commence work under the Assignment.
“Event” means the event to be planned with Services delivered by the Planner under the Assignment.
“Fees” means money paid, or owed to the Planner by the Client for the Services.
“Price” means the price for the Assignment is set out in our proposal.
“Minimum Price” means the Minimum Price for the Services (if any) and is set out in our proposal.
“Services” means the services provided by us under the Assignment.
“Terms” means these Terms and Conditions.
2. Price and Payment
2.1. The Price is set out in the proposal. There is no VAT. The Price includes all advance planning, preparations and delivery of Services before and at the Event, as detailed in the proposal. The Price is paid as set out in this clause and excludes any expenses that will be incurred by the Planner which will be notified to the Client separately and agreed in writing. Expenses will be separately invoiced monthly.
2.2. You agree to provide a hot meal or suitable alternative to the Planner and any staff or our representatives at no cost to them on the day the Event.
FOR FIXED FEES (full planning):
2.3. A Deposit of 40% of the Price shall be paid upon entering this agreement and the Planner’s invoice for the Deposit will follow and you should refer carefully to Clause 3.
2.4. A second payment of 40% of the Price shall be paid no less than 90 days before the Event.
2.5. The final payment of 20% of the Price shall be paid 30 days before the Event.
2.6. The Price and any expenses shall be the Fees of the Planner.
FOR FEES BASED ON A % OF WEDDING BUDGET:
2.7. A budget for the Event has been agreed between the Client and the Planner and the Price shall be a percentage of the budget. As the Assignment progresses, the budget may increase or decrease, and the Price shall fluctuate accordingly. Staged payments of the Price will be due as set out below based on the budget, and after the Event a final balancing payment will be made in accordance with Clause 2.10.
2.8. A Deposit of 40% of the Price shall be paid upon entering this agreement and the Planner’s invoice for the Deposit will follow and you should refer carefully to Clause 3.
2.9. A second payment of 40% of the Price shall be paid no less than 90 days before the Event.
2.10. The third payment of 20% of the Price shall be paid 30 days before the Event.
2.11. If at any time during the Assignment, the budget decreases to the level that means the Price agreed under Clause 2.6. falls below the Planner’s Minimum Price, if any, then the Price shall be deemed to be fixed from that point as that Minimum Price and Clauses 2.2. – 2.5. shall apply.
2.12. The Price and any expenses, invoiced as in Clause 2.1, shall be Fees of the Planner.
FOR FIXED FEE INDIVIDUAL SERVICES (Partial Planning, Venue Search, Supplier Search, On-The-Day Management)
2.13. The Price and any expenses shall be the Fees of the Planner and payment of 100% of the Price is due in full at time of booking. Expenses shall be invoiced as in Clause 2.1.
3. Cancellation of Agreement
3.1. The Assignment can be cancelled by either party in writing or by email subject to the matters set out in this clause.
3.2. 3.2.1 If the Planner cancels the Assignment, save (except for) in accordance with clause
3.2.2. Any Fees paid for Services not yet rendered by the Planner will be repaid to the Client within 14 days of cancellation, and no further refunds, sum or compensation will be payable to the Client by the Planner arising from such cancellation.
3.2.3. The Services may be terminated if payment of the Fees are not made in accordance with the Terms; or if the Client commits a material breach of any of the Terms and fails to remedy the breach within 14 days of being notified in writing; or the Client makes any statements or behaves in a way or requests the Planner to undertake any actions that are discriminatory, illegal or immoral; or if the Client enters into any form of insolvency arrangement, or suspends their business. Upon termination the Client shall immediately pay any Fees for work done to that point, or otherwise due to the Planner.
3.3. If the Client seeks to cancel the Assignment more than 90 days before the Event, then the Deposit will be forfeited. The Fees for any work undertaken by the Planner and any expenses incurred as at the date of cancellation must be paid by the Client, and those paid shall also be non-refundable. No further sums will be due from the Client to the Planner.
3.4. If the Client seeks to cancel the Assignment less than 90 days before the Event, but more than 30 days before the Event then the Deposit will be forfeited. The Fees for any work undertaken by the Planner and any expenses incurred as at the date of cancellation must be paid by the Client, and those paid shall also be non-refundable. In addition, a cancellation fee will be immediately due, which shall be 80% of the Fees less any Fees already paid.
3.5. If the Client seeks to cancel the Assignment less than 30 days before the Event, then the Deposit will be forfeited. The Fees for any work undertaken by the Planner and any expenses incurred as at the date of cancellation must be paid by the Client, and those paid shall also be non-refundable. In addition, a cancellation fee will be immediately due, which shall be 100% of the Fees less any Fees already paid.
4. General Conditions
4.1. Verbal or email instructions by the Client to proceed will constitute an acceptance in full of these Terms including the Price.
4.2. The Planner shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only, save (except) for the date of the Event itself.
4.3. The Fees will be paid after invoices rendered from time to time. No VAT is applicable. Payment terms are ‘on invoice’, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are recommenced.
4.4. The Planner reserves the right to require some or all of the Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing. If payment is not made in accordance with the above clauses, the Planner reserves the right to charge an administration fee of £50 and interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
4.5. Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and processing of personal data under the current data protection legislation and regulations. For more information on this, please see our privacy notice on our website.
4.6. The Client grants the Planner consent to use any work including photographs and videos created as part of the Assignment to show off the Planner’s Services, together with the right to display non-identifiable images as part of their portfolio and to write about the Assignment on websites, and in marketing materials. If the Client does not wish to give this consent, then they must confirm this in writing within 7 days of entering into this agreement.
4.7. The Planner will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made, the Client may be entitled only to a refund of the Fees or part of the Fees. In respect of any other direct losses (in Contract or Tort) the total liability of the Planner will not exceed £100,000.
4.8. The Planner’s liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be nil.
4.9. Nothing in these Terms will exclude or limit liability for death or serious injury caused by The Planner’s negligence.
4.10. If the Planner is limited or hindered from providing any Services due to circumstances beyond its control e.g. government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, epidemic and or pandemic, then the liability of the Planner to the Client shall not exceed the amount paid by the Client for the Services. The Deposit shall be non-refundable, (being an approximation of the value of Services already rendered and or expenses incurred) and the Planner shall (where the value of the Services already delivered to the Client or expenses incurred is greater than the value of the Deposit) be entitled to be paid additionally for all Services delivered to the Client up to that point. The Planner shall not be liable for any additional losses incurred by the Client in such circumstances.
4.11. The Planner shall have no liability to advise on the legality of any marriage, nor any obligation to ensure the legality of any marriage ceremony included in the Event. The Planner shall have no obligation to ensure compliance with the marriage laws and customs of any territory in which the Event takes place. It is the Client’s sole responsibility to ensure compliance with the law, and that any marriage conducted as part of the Event is legal and binding (where required).
4.12. NOTE: The Planner operates a zero-tolerance policy to anti-social or abusive behaviour by the Client or their guests. If the Planner, or their staff, are subjected to unacceptable levels of verbal abuse, drunken or lewd behaviour or actual or perceived threats, the Planner shall be entitled to immediately withdraw the Services and leave the Event site.
4.13. Nothing in these Terms is intended to create a partnership or joint venture between the Planner and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
4.14. Variations to the Assignment, or to the Services, may only be agreed in writing. Services outside the scope of the proposal will attract additional charges. Any change of date or postponement of the Event will be agreed subject to our availability or will be deemed a cancellation by you and our cancellation terms in clause 3 shall apply, unless we agree otherwise in writing.
4.15. Following the conclusion of these Services, the Planner may wish to contact you to request testimonials, recommendations or feedback on the Services. By agreeing the Terms, you are consenting to that contact by the Planner after the conclusion of the Assignment.
4.16. These Terms and any dispute arising from them shall be governed by the laws of England and Wales.
v. September 2024