Terms & conditions

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  1. INTERPRETATION
  • The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions). Booking Fee: the fee payable to the Supplier for the provision of the Services to the Customer

Contract: Contracts to be entered into from time to time between the Supplier and the Customer contained in a Supplier’s Promotion Booking Form and the acceptance returned by the Customer.

Customer: the person, firm or company who purchases Services from the Supplier.

Promotion Booking Form: the Supplier’s offer including the details of the Customer, the promotion, the venue, the period, the Booking Fee and the total price.

Services: the services to be provided by the Supplier under the Contract being the arrangement of Promotions at one or more venues as set out in the Promotion Booking Form or such other services as may from time to time be agreed

Supplier: Bo-Concepts Limited a company registered in England with number 5196344 whose registered office is at Sovereign House, Stockport Road, Cheadle, SK8 2EA

VAT: value added tax chargeable under English law for the time being and any similar additional tax.

  • Headings in these conditions shall not affect their interpretation.
  1. APPLICATION OF CONDITIONS
  • These Conditions shall:
  • apply to and be incorporated into all Contracts to be made between the Supplier and the Customer; and
  • prevail over any inconsistent terms or conditions contained, or referred to, in the Customer’s purchase order, confirmation of order, acceptance of a quotation, or other document supplied by the Customer, or implied by law, trade custom, practice or course of dealing.
  • The Customer’s purchase order, or the Customer’s acceptance of a quotation for Services by the Supplier (other than by use of the Supplier’s Promotion Booking Form), constitutes an offer by the Customer to purchase the Services on these Conditions. The Customer’s standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the Contrac
  • Quotations are given by the Supplier on the basis that no Contract shall come into existence except in accordance with condition 2.2. Any quotation is valid for a period of 30 days from its date, provided that it has not previously been withdrawn by the Supplier.
  1. COMMENCEMENT AND DURATION
  • These terms and conditions shall apply to all Contacts between the Supplier and the Customer unless and until modified upon 30 days written notice from the Supplier to the Custome
  • The Services supplied under the Contract shall be provided by the Supplier to the Customer on or from the date specified in the Promotion Booking Form.
  • Subject to condition 8, the Services supplied under each Contract shall be supplied unless the Contract is terminated by one of the partie
  1. SUPPLIERS OBLIGATIONS
  • The Supplier shall use reasonable endeavours to provide the Services to the Customer, in accordance in all material respects with the Promotion Booking Form.
  • The Supplier shall use reasonable endeavours to meet the dates specified in the Promotion Booking Form but
  • time shall not be of the essence for performance of the Services, and
  • the booking is subject to change or cancellation at any time by the venue
  1. CUSTOMERS OBLIGATIONS
  • The Customer shall co-operate with the Supplier in all matters relating to the Services;
  • If the Supplier’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
  • At each venue where a promotion is held, the Customer will
  • Man the promotion at all times during the opening hours of the business carried out at the venue, and
  • Ensure that the staff
  • conduct the promotion in a professional and courteous manner, and
  • refrain from eating, drinking or smoking whilst manning the promotion
  • ensure at all times that any terms and conditions of use laid down by the relevant site owner or controller are complied with.
  • Failure by the customer to comply with the terms of clause 5.3 may cause the further use of the venue for the promotion to be cancelled, in which event the Customer shall not be entitled to any refund of the price paid. In the event of any such cancellation or in the event of the Customer seeking to amend or reschedule the agreed terms of the booking the Customer shall indemnify the Supplier against any cancellation fee chargeable by the venue together with the Suppliers administration fee (in addition to any fee properly recoverable under clause 8 hereof).
  • The Customer shall be liable to pay to the Supplier, on demand, all reasonable costs, charges or losses sustained or incurred by the Supplier (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract, subject to the Supplier confirming such costs, charges and losses to the Customer in writing.
  1. CHARGES AND PAYMENT
  • In consideration of the provision of the Services by the Supplier, the Customer shall pay the charges set out in the Promotion Booking Form.
  • The Customer shall pay each invoice submitted to it by the Supplier, in full and in cleared funds,
  • at least 10 working days before the commencement date of the promotion specified in the Promotion Booking Form, or
  • Immediately if the commencement date of the promotion is less than ten working days from the delivery of the invoice.
  • Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Supplier on the due date, the Supplier may:
  • charge interest on such sum from the due date for payment under the Late Payment of Commercial Debts (Interest) Act 1998; and
  • suspend all Services until payment has been made in full; and
  • cancel promotions that have been booked on behalf of the Customer.
  • The cancellation of any booking must be notified in writing. Subject to the terms and conditions of the venue permitting, a cancellation at more than 30 days notice will only incur the Booking Fee of the Supplier, but if less than 30 days notice is given then the entire amount due on the Contract will be due unless the booking of the venue can be rescheduled with the agreement of the venue. If the booking is rescheduled then a further Booking Fee will be payable
  • Time for payment shall be of the essence of the Contract
  • All sums payable to the Supplier under the Contract shall become due immediately on its termination, despite any other provision. This condition 6.6 is without prejudice to any right to claim for interet
  • The Supplier may, without prejudice to any other rights it may have, set off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer
  1. LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
  • This condition 7 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of:
  • Any breach of the Contract;
  • any use made by the Customer of the Services, or any part of them; and
  • any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract
  • All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract
  • Nothing in these Conditions limits or excludes the liability of the Supplier:
  • for death or personal injury resulting from negligence; or
  • for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Supplier.
  • the Supplier shall not be liable for:
  • loss of profits; or
  • loss of business; or
  • depletion of goodwill and/or similar losses; or
  • loss of goods; or
  • any special, indirect, consequential or pure economic loss, costs, damages, charges or expense
  • the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the Booking Fee
  1. TERMINATION
  • Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other immediately on giving notice to the other if:
  • The Customer fails to pay any amount due under a Contract on the due date for payment; or
  • the other party commits a material breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing of the breach; or
  • the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business, or payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 OR (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply.
  • On termination of the Contract for any reason:
  • the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable immediately on receipt;
  • the accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affect
  • On termination of the Contract (however arising), the following conditions shall survive and continue in full force and effect:
  • condition 7;
  • condition 8; and
  • condition 12.
  1. VARIATION
  • The Supplier may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Service If the Supplier requests a change to the scope of the Services for any other reason, the Customer shall not unreasonably withhold or delay consent to it.
  • Subject to condition 9.1, no variation of the Contract or these Conditions shall be valid unless it is in writing and signed by or on behalf of each of the parties
  1. ENTIRE AGREEMENT
  • The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter
  • Each party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract).
  • Nothing in this condition shall limit or exclude any liability for fraud.
  1. RIGHTS OF THIRD PARTIES

A person who is not a party to the Contract shall not have any rights under or in connection with it.

  1. GOVERNING LAW AND JURISDICTION
  • The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
  • The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter