Terms &
Conditions

Definitions :

– “Event” means the event in which the Beyond Words by Elaine has been engaged by you to plan and organize;
– “Event Date” means the date of the Event;
– “Event Manager/ Planner” means Beyond Words by Elaine;
– “Fees” means the fees agreed upon between the Beyond Words by Elaine and You as set out in the relevant quotation;
– “Your company / You” means the client who is engaging the Beyond Words by Elaine for the Event.;

1. Terms of Payment: Fees shall be agreed as stated in the relevant quotation. 50% of the Fees is required as deposit for the reservation of the Beyond Words by Elaine dates and prior to commencement of work (“Deposit”) and 50% of the Fees is due on the Event Date. Payment may be made by cash, checks, debit or credit card.  A charge of 10% of the total billing will be imposed on checks returned for any reason. Beyond Words by Elaine reserves the right to charge interest at the rate of 2% per month.

2. Cancellation: Full payment of the Fees is required to be settled if the Event is cancelled within 7 working days before the Event. If a substantial part of the Event thereof does not take place or is cancelled and no substitute event is provided to Beyond Words by Elaine  by then, the deposit of 50% of the total billing will be forfeited.

3. Failure: All the rights that are released and quoted are only given subject to payment in full. Beyond Words by Elaine reserves the rights to terminate the delivery of goods and/or services in its entirety and/or partially with the possibility of a monetary claim(s) as per order value should you fail in fulfilling any of the Terms & Conditions stated herein, inclusive of Terms of Payment.

5. Additional Fee: An additional fee will be imposed upon confirmation for last-minute venue/ceremony installation/preparation written requests. Beyond Words by Elaine and your company shall negotiate in good faith with a view to agreeing upon a fair and reasonable fee.

6. Change: You shall not change the date, time and/or location of the Event (“Event Details”) as listed in the quotation/proposal without first contacting and advising Beyond Words by Elaine of said change so as to determine the Beyond Words by Elaine’s availability. Where you change the Event Details, subject to the availability of Beyond Words by Elaine, every effort will be made by Beyond Words by Elaine and staff to transfer location reservations, sub-contractors and support to the new date. In such event, you agree that any expenses including but not limited to deposits and fees that are non-refundable and non-transferable, are your sole responsibility. There may also be additional charges above and beyond those set forth in paragraph 1 above. Beyond Words by Elaine is not responsible for these compromises in quality in the event of last-minute changes. If you change the Event Details and Beyond Words by Elaine is unavailable to provide services, then Beyond Words by Elaine is released from all contract obligations, and shall in no way be held responsible or liable in any manner whatsoever for non-performance. You shall also forfeit the deposit paid for non-compliance with these terms and conditions.

7. Permission: You confirm that Beyond Words by Elaine is given the right and permission to use any and all images, both photographic prints and digital images and videos or other recording media, in their advertising, studio, literature, event exhibitions, editorial, trade or any other purpose and in any manner and medium. You release Beyond Words by Elaine and its legal representatives and assigns from all claims and liability relating to said photographs, videos or other recording media. It is agreed that Beyond Words by Elaine may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Beyond Words by Elaine. You acknowledge that this is for promotional purposes only and does not expect any compensation of any kind. There shall be no expiration period for this permission.

8. Co-operation: The Parties agree to positive cooperation and communication for the best possible results. Beyond Words by Elaine is not responsible for the acts and omissions of key individuals or their failure to be present or to cooperate during the Event.

9. House Rules: Although all efforts to negotiate with the venue site management shall be made by Beyond Words by Elaine, Beyond Words by Elaine is limited by the guidelines of the venue site management. You agree to accept the results of their imposition on the Planner.

10. Loan Items: Beyond Words by Elaine shall at all times retain ownership and title of any items loaned to you (“Loan Items”). All risks of loss or damage to the Loan Items from any cause will be assumed by you. The Loan Items shall be returned in the condition received from Beyond Words by Elaine and the security deposit for the Loan Items as stated in the quotation/ proposal shall be refunded. Where the Loan items are damaged or lost, you shall be required to reimburse Beyond Words by Elaine for the cost of the Loan Items. Failure to reimburse Beyond Words by Elaine within 7 days upon receipt of Beyond Words by Elaine’s invoice for the damaged and/or lost Loan Items will entitle Beyond Words by Elaine to forfeit the security deposit.

11. Payments and Consents: For the avoidance of doubt, you are responsible for making the necessary payments and obtaining the relevant clearances and/or consents from the relevant authorities in respect of deposit payments; license fees payable to third parties and/or third-party organizations or entities and/or any governmental or statutory licensing bodies (eg; MACP, PPM, RPM, PDRM, Municipal Council, etc.); copyright clearance and obtaining the relevant insurance coverage for the Event.

12. You are also required to make provisions for the following upon confirmation, whichever applicable;

i. Basic amenities (ie; water & electricity) nearest to event ground.
ii. Tentage c/w basic furniture and fittings.
iii. Dressing room(s) & meals (for artiste & crew).
iv. Security and barricades (for equipment & stage).
v. Any other necessities deemed relevant and purposeful.
13. Limit of Liability: Beyond Words by Elaine warrants and declares that every effort will be made to provide high quality services. You fully understand and agree that Beyond Words by Elaine shall not be responsible or held liable in the event Beyond Words by Elaine is prohibited from providing services due to illness, hospitalization, auto accident, transportation breakdown/disruption, traffic difficulties, acts of God such as inclement weather or other unforeseen incapacitation or other cause of non-arrival on the day of the Event. Beyond Words by Elaine will make every attempt to notify you and to provide for a substitute Event Manager who can provide services if time and resources permit. In any event, Beyond Words by Elaine, his agents and assigns shall NOT be held liable for any compensation or any damages (including punitive) due to non-performance of any services resulting from such incapacitations, non-arrival, errors and/or omissions of any type. In no event shall Beyond Words by Elaine (and/or its related entities), officers, directors, employees, or agents, be liable to you for any damages howsoever resulting from any errors or omissions in any content or for any loss or damage or claims of any kind incurred as a result of you engaging of Beyond Words by Elaine or the acts or omissions of you and/or your family, friends, guests, contractors, workmen, other vendors, suppliers), whether based on warranty, contract, tort, or any other legal theory, and whether or not the Planner is advised of the possibility of such damages. Further, Beyond Words by Elaine bears no liability whatsoever for any compensation or damages for any form of injuries, disputes, damages, damages to property, indirect loss, direct loss, consequential loss or deaths as a result of the acts and/or omissions of any individuals or entities and participation and/or attendance of any individuals or entities during, before, and after the Event. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

14. Weather contingency: Cost of weather contingency is NOT inclusive of the quote. Similarly, when delays occur due to circumstances outside Beyond Words by Elaine’s control, an additional fee for the extra time involved will be charged at a predetermined hourly rate.

15. Non-guarantee: Although every possible care will be taken to plan and co-ordinate the Event and vendors for the Event, Beyond Words by Elaine cannot place an unconditional guarantee on the above. In the event that any vendor cancels prior to the Event, you agree that Beyond Words by Elaine may substitute a new vendor with advance notice to you and any additional costs are to be paid by you.

16. Indemnity: You shall indemnify and hold Beyond Words by Elaine harmless against and all actions, proceedings, demands, claims, liabilities or damages, costs or expenses whatsoever or howsoever arising as a result of: (a) any omission, breach or non-compliance by you of these terms and conditions; and (b) any act or omission by your guests for the Event and/or any individuals or entities participating in or attending the Event and any form of injuries, disputes, damages, damages to property, indirect loss, direct loss, consequential loss or deaths arising or resulting therefrom during, before, and after the said Event; including without limitation, those arising from or in connection with third party claims for breach of contract, personal injury, damage and/or loss, defamation, failure to obtain the relevant licenses, the infringement of any patent, trademark, copyright or other intellectual property rights.

17. Final Decision: Beyond Words by Elaine’s role is that of an advisor and planner. You shall make the final selections of the vendors who provide the services and Beyond Words by Elaine shall implement such decisions. Final decisions and instructions relating to all aspects of the Event must be made by you although Beyond Words by Elaine may be required from time to time to liaise and deal with your committee members who may provide instructions and opinions relating to the Event. You understand that Beyond Words by Elaine is merely the planner and organizer for the Event and you shall not hold Beyond Words by Elaine responsible for the quality of the goods and services provided by such vendors and acts and/or omissions of the respective vendors.

18. All terms & conditions will be deemed to be agreed and accepted once the job is executed and shall be binding on you even if you fail to sign on the relevant quotation and/or agreement prior to the Event Date. Any dispute or changes will have to be made with signed amendments prior to the commencement of the Event.

19. The quotation issued by Beyond Words by Elaine for the Event , shall be taken, read and construed as an essential part of these terms and conditions.

20. This Agreement’s terms and conditions are governed by and are to be construed in accordance with the laws of the United States and the Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the United States.
 

Generally speaking, T&C often address these types of issues: Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner’s right to suspend or cancel a member’s account; and much much more. 

 

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