Mobile Beats
Our Booking Terms
1. Making the booking
Any contract for the supply of DJ services is between you (The Client) and Mobile Beats. To secure your booking, you must agree to these terms and conditions by paying your deposit (which will be an agreed amount of the total booking fee). Once your deposit payment is received a Booking Confirmation will be issued to you by email. A contract for the booking shall come into effect immediately thereafter. Deposits may be waived at the discretion of Mobile Beats, in which case the contract shall come into effect when full or partial payment of the Booking Fee is made.
2. Changes to the booking
The Booking Fee may be subject to change (in agreement with both the Client’ and Mobile Beats) if any details of the booking are altered by the Client such as the event date/times, event type and event venue. All changes to the booking must be arranged and agreed by Mobile Beats in advance of the event.
3. Payment of the Booking Fee
Unless agreed otherwise, the deposit is due strictly within 24 hours of receipt of booking invoice. The deposit can be paid by PayPal, credit/debit card or by bank transfer. PayPal payments are subject to a 5% processing fee. Bookings can still be made after the 24 hour period but must first be confirmed by Mobile Beats.
Unless otherwise agreed by Mobile Beats, the balance of the Booking Fee is payable to Mobile Beats by PayPal, credit/debit card or bank transfer 14 days before the day of the event. PayPal payments are subject to a 5% processing fee.
All prices quoted to you are correct at the time of quotation however bookings are taken on a “first come first served” basis so there is no guarantee that the date will still be available when you come to make your booking. Prices are inclusive of value added tax, if applicable.
Failure to pay any invoice from us on time will result either in the cancellation of your booking or late payment charges of £10 per day from the date the payment was originally due until the date of actual payment. Mobile Beats may also instruct a debt collection agency or solicitor to collect payment (including any interest and/or late payment charges). In such circumstances you will be liable to pay an additional sum to Mobile Beats which will not exceed the reasonable costs that that may be incurred to pay the debt collection agency or solicitor who will add the sum to your outstanding debt.
4. Cancellations
Cancellation by the Client:
Cancellation by the Client is not permitted for any reason except circumstances covered by Force Majeure (see clause 10.) If the Client’ cancels the booking due to a Force Majeure event, the Client hereby agrees to notify The Mobile Beats immediately. The following fees shall be payable by the
Client in the event of cancellation:
I) Cancellation by the Client within 24 hours of Confirmation will result in the loss of any deposit paid but will not carry a cancellation fee.
II) Cancellation by the Client after 24 hours of Booking Confirmation and up to 12 months before the event date will result in the loss of the deposit and the Client will be liable to pay 50% of the remaining Booking Fee to Mobile Beats within 7 days of cancellation.
III) Cancellation by the Client after 24 hours of Confirmation and up to 6 months before the event date will result in loss of the deposit and 100% of the remaining balance of the Booking Fee will be payable by the Client to Mobile Beats within 7 days of cancellation.
Cancellation by Mobile Beats:
In the unlikely event that Mobile Beats cancels the booking, Mobile Beats will inform the Client of the cancellation as soon as possible and shall make all reasonable attempts to find a suitable replacement artist of similar standard and style at no extra cost to the Client. Should the replacement artist charge a higher fee, the Client will be liable for any extra charge that may be incurred. Wherever possible, the Client and the replacement artist will be put in contact with each other to agree this in advance. If Mobile Beats are unable to facilitate a replacement artist, any monies paid by the Client will be refunded in full and that shall be the extent of liability.
5. Changes on the day
I) Where possible, changes to the booking which are unavoidable on the day of the event should first be discussed and agreed with Mobile Beats prior to the performance. Any changes agreed will be subject to these Terms and Conditions. Changes negotiated between the Client and Mobile Beats on the day of the event and any extra fees agreed must be paid by the Client along with the remaining balance of the Booking Fee.
II) Any extra time performed by Mobile Beats will result in a £50 per half hour charge. This must be paid in cash by the Client on the event date.
III) If the DJ is required to start earlier than booked and the Client refuses to pay an extra time charge, the DJ shall only perform for time booked.
6. Expenses
If the Client has agreed to cover additional expenses incurred by Mobile Beats (such as taxi’s, food, hotel, flights etc.) Mobile Beats will invoice the Client for such expenses within 60 days after the event and such invoices shall be accompanied with receipts for the charges incurred. The Client must reimburse all expenses to Mobile Beats within 7 days of the date of invoice.
7. Mobile Beats service guarantee
I) Mobile Beats will deliver a performance that is to the best of our ability and will make every reasonable effort to adhere to the client’s reasonable wishes, be polite and courteous to the Client, your guests and all venue staff and contractors.
II) Mobile Beats shall provide all equipment required to undertake the performance, unless the equipment has been contractually agreed to be provided by the Client or a third party. The adjustment of the volume and sound level of any equipment shall be as the Client reasonably requires.
8. DJ equipment
It is agreed by the Client that the equipment of Mobile Beats is not available for use by other performers unless agreed in writing in advance.
9. Withdrawal of services
I) In case of verbal and/or physical violence towards Mobile Beats, the Client may be asked to have this/these people removed from the venue. If an agreement regarding this cannot be resolved then the services of Mobile Beats may be stopped, and the Client will be liable for the remainder of any Booking Fee due plus any other costs or expenses incurred by Mobile Beats as a result.
II) In the case of damage being caused to any equipment by the Client or any person/persons at the event, the services of Mobile Beats may be stopped, and the Client will be liable for the remainder of any Booking Fee due. The Client will also be fully liable to reimburse Mobile Beats for any damage to equipment within 7 days of the event date.
10. Force Majeure
In cases of Force Majeure which are not attributable to any act or failure to take preventive action by the Client, then the Client may cancel this booking without penalty other than loss of deposit.
11. Limitation of Liability
Mobile Beats cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for our services. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
Mobile Beats shall not be held liable for any failure or delay in performing the services where such failure arises as a result of any event of Force Majeure.
We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
12. General
The Terms and Conditions together with payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this contract. In the event of any conflict between these Terms and Conditions and any other term or provision on our website or elsewhere, these Terms and Conditions shall prevail.
If any term or condition of our contract shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of these Terms and Conditions shall continue in force without such term or condition.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. The parties hereto submit to the exclusive jurisdiction of the courts of Scotland.
No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
13. Definitions
Terms used in this document shall have the following meanings:
“Booking Fee” means the fee as notified to you by us for the booking;
“Client”, “you”, “your” or “yours” means you, the person booking our services;
“Booking Confirmation” means electronic or written acceptance of the booking by Mobile Beats;
“Force Majeure” means any event which is beyond the reasonable control of either party which shall include, without limitation, acts of God, governmental actions, fire, death, illness or other capacity certified by a properly qualified medical practitioner, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, extreme weather conditions, flood, epidemic, lock‐outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials;
“Terms and Conditions” means the terms and conditions upon which the booking for DJ services is made and which is set out in this document;
“Mobile Beats”, “us”,”our” or “we” means Alex Mitchell of 59 Westwood Road, Glasgow, G431DS.