1. Cancellations
If the event is cancelled (in whole or in part) for any reason (excluding a Force Majeure event), the following will apply:
- (i) If you give Brandition notice of cancellation earlier than 2 months before the event date, you are only liable to pay the non-refundable, non-transferable deposit.
- (ii) If you give Brandition notice of cancellation later than 2 months before the event date, you must pay the full amount of the charges (and Brandition will be entitled to issue an invoice for the corresponding amount). All charges are non-transferable.
If a Force Majeure event (such as Covid‑19) forces a cancellation or postponement, Brandition will provide either:
- a 100% credit for a future date (subject to availability) for up to 12 months, or
- a 50% refund.
All deposits are non-transferable.
2. Change of date
If you need to change your event date, the following will apply:
- (i) If you give Brandition notice of postponement earlier than 2 months before the original event date, a 100% credit towards a future date will apply (subject to availability).
- (ii) If you give Brandition notice of postponement later than 2 months before the original event date, you are liable to pay the non-refundable deposit.
3. Damaged items
It is your responsibility to inspect each item of leased equipment to ensure it is free from damage or defects within 2 hours of delivery. If you do not notify Brandition of any damage or defect within 2 hours of delivery, the item will be deemed to have been accepted in good condition.
4. Termination
The following terms apply to termination of this agreement:
- (a) Without affecting any other right or remedy available to it (as set out in the agreement details), either party may terminate this agreement with immediate effect by giving written notice to the other party if:
- (i) the other party commits a material breach of any term of this agreement which is irremediable, or (if such breach is remediable) fails to remedy that breach within 14 days after being notified in writing to do so; or
- (ii) the other party is insolvent.
- (b) Without affecting any other right or remedy available to it, Brandition may also terminate this agreement with immediate effect by giving written notice to you if:
- (i) you fail to pay any amount due under this agreement on the due date for payment and remain in default for 14 days after being notified in writing to make such payment; or
- (ii) there is a change of control of your business or organisation.
- (c) On termination of this agreement:
- (i) you must return all confidential information, Brandition intellectual property and any other Brandition property in your care, custody or control;
- (ii) you must immediately pay all of Brandition’s outstanding unpaid invoices and interest and, in respect of any supplies provided but not yet invoiced, Brandition may issue an invoice which will be payable immediately on receipt; and
- (iii) the following clauses will continue to apply: clause 8 (Intellectual property rights), clause 9 (Privacy), clause 10 (Confidentiality), clause 11 (Limitation of remedies and liability), this clause 4 (Termination), clause 13 (Non‑solicitation), clause 16 (Waiver), clause 17 (Severability), clause 21 (Governing law and jurisdiction) and clause 22 (Definitions and interpretation).
- (d) Termination or expiry of this agreement does not affect any rights, remedies, obligations or liabilities of either party that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach which existed at or before that date.
5. Force majeure
The following terms apply where a force majeure event occurs:
- (a) Brandition will not be in breach of this agreement or liable for any loss incurred by you as a direct result of Brandition (the “affected party”) failing, or being prevented, hindered or delayed in performing its obligations where that failure, prevention, hindrance or delay results from a force majeure event.
- (b) If a force majeure event occurs, Brandition will notify you in writing as soon as reasonably practicable, stating details of the event and the anticipated delay.
- (c) Once notice has been given under clause 5(b), the time for performance of the affected obligations will be extended for a period equal to the time during which performance has been delayed, hindered or prevented.
- (d) Brandition will resume performance of the affected obligations as soon as reasonably practicable after the force majeure event is removed or has ceased.
- (e) If the delay caused by a force majeure event continues for 60 days, you may terminate this agreement immediately by giving written notice to Brandition.