Actionwork Terms and Conditions
Our Terms & Conditions Please read the following terms and conditions and cancellation policy before sending your confirmation form.
DEFINITIONS
Actionwork Theatre Company: shall refer to Actionwork, based in Weston-super-Mare, UK
The Client: refers to the educational establishment, person, firm, company or other body with whom or with which Actionwork Contracts subject to these conditions
Contract: refers to the Contract made or to be made between Actionwork and the Client subject to these conditions
Presentation: shall mean any performance, show, workshop, training or other services to be supplied by Actionwork to the Client under Contract.
CONDITIONS OF SERVICE APPLY
Actionwork Conditions of Service shall apply to and govern any Contract between Actionwork and the Client to the exclusion of any condition contained on or in any order form letter, receipt acknowledgement, or other document emanating from the Client and no variation of these Terms and Conditions shall be effective unless expressly agreed by Actionwork in writing.
Actionwork agents are not authorised to make any representations concerning the Presentations unless confirmed by Actionwork in writing. In entering into the Contract the Client acknowledges that it does not rely on any such representations which are not so confirmed.
DESCRIPTION
It shall be the responsibility of the Client to immediately give Actionwork information required to proceed with the Contract and to ensure that the Presentation is sufficient and suitable for the purpose or purposes intended.
Actionwork reserves the right to make without notice to the Client any improvement or alterations to the Presentation which it thinks reasonable or desirable and such improvements or alterations shall not affect the validity of the Contract.
Actionwork will provide Presentation as agreed in the Terms of the Booking/Confirmation Form and will not allow extra classes over the original number booked unless by prior written arrangement with Actionwork.
Actionwork will provide Presentation as agreed in the Terms of the Booking Form and will not allow extra students over the maximum number per session or show unless by prior written arrangement with Actionwork.
PRICE AND PAYMENT
Any quotation or estimate provided by Actionwork, whether written or oral, shall be deemed to be an invitation to treat and not an offer. The placing of any order, whether written or oral shall constitute an offer by the Client and no acceptance shall be binding upon Actionwork and no Contract shall come into existence unless and until Actionwork shall have accepted the Client’s offer in writing by dispatching an acknowledgement of order to the Client.
Payment of all sums due to Actionwork shall be made in full on the day of the final Presentation date on the invoice which shall be rendered to the Client (“the Due Date”). In default of payment being made by the Due Date Actionwork may:- charge interest at the rate of 8% per annum above the base rate printed from time to time by Barclays Bank Plc on any overdue amount from the day following the Due Date until the date of receipt of cleared funds. Clients will also lose any discounts if they are late in paying
NON-PERFORMANCE AND CANCELLATION PROVISIONS
In the event that the Client cancels or postpones the Presentation, for any reason, there shall be no charge provided that the cancellation or postponement takes place at least 90 working days before the planned date of Presentation subject to (a) below. Within the 90 working day period, the following charges shall apply:
If the cancellation or postponement takes place less than 90 days but more than 60 days before the planned date of Presentation the Client shall be liable to pay 50% of the full service fee;
If the cancellation or postponement takes place less than 60 days but more than 30 days before the planned date of Presentation the Client shall be liable to pay 75% of the full service fee;
If the cancellation or postponement takes place less than 30 days before the planned date of Presentation the Client shall be liable to pay the full service fee;
In the event that the Client cancels or postpones the Presentation, Actionwork may elect to waive any of the above cancellation provisions if an alternative date can be made for the Presentation, entirely at the discretion of Actionwork, Actionwork are not bound or due to make this offer.
Actionwork will aim to reschedule a Presentation if Actionwork is forced to cancel or postpone the Presentation for any reasons.
(a). If the client has been required to pay a deposit when booking then the deposit will be non-refundable in the case that the client has to cancel for any reason. If Actionwork has to cancel then the deposit will be returned to the client.
LIMITATION OF LIABILITY
(a) Except where Actionwork liability is for death or personal injury as a result of negligence in no event shall Actionwork be liable for the following loss or damage howsoever caused and even if foreseeable or in the contemplation of the parties:
- economic loss (which shall include loss of profits, business revenue, goodwill and collateral damage);
- administrative and overhead costs;
- damages in respect of special indirect or consequential loss or damage;
- any claim made against Actionwork by any other party.
Save where Actionwork is liable for death or personal injury, Actionwork entire liability shall in any event, be limited to the value of the Contract.
CONSEQUENTIAL LOSS
Without prejudice to the generality of the foregoing provisions. Actionwork shall not, in any event be liable to the Client in Contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.
ACTIONWORK RIGHT OF RECISSION
Any Contract Actionwork has with the Client shall be operational on an order by order basis. Nothing in these terms and conditions shall imply any continuous relationship between and the Client.
Actionwork shall have the option (without prejudice to any of its other rights against the Client) by notice in writing to the Client to rescind any Contract between Actionwork and the Client in the following events:
Should any sum owing by the Client to Actionwork be overdue whether under the same or any other Contract, or
Should the Client be in breach of any term of the same or any other Contract with Actionwork.
FORBEARANCE
No forbearance or indulgence by Actionwork shown or granted to a Client whether in respect of these terms and conditions or otherwise, shall in any way affect or prejudice the rights of Actionwork against the Client or be taken as a waiver of any of these standard conditions.
FORCE MAJEURE
Actionwork shall not be liable for failing to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside Actionwork's control.
SEVERANCE
Actionwork and the Client agree that if any term of this Contract shall be adjudged by a Court of competent jurisdiction to be void or unenforceable but would be valid and enforceable if some part or parts thereof were deemed deleted or if it were deemed varied or modified in some way then such provision shall apply with such modification or variation as shall be necessary to make it valid and effective.
HEADINGS
The numbers and headings in these conditions are for ease of reference only and do not form part of them for the purpose of constructions.
ASSIGNMENT
Actionwork shall be entitled to assign sub-Contract or sub-let this Contract or any part thereof. The Client shall not be entitled to assign this Contract.
PROMOTIONAL MATERIAL
No drawings, descriptive matter, issued by Actionwork, nor the descriptions and illustrations contained in Actionwork's publicity material or other professional material or details on the Website will form part of the Contract nor be regarded as a warranty or representation relating to the Presentation.
LAW
These terms and conditions are governed by and are to be construed in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.
THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Contract.
MISCELLANEOUS
- 1. Actionwork does not allow video recording of any Presentation. Photographs may be permitted if agreed by Actionwork or Actionwork's agent.
