- BALLETTI DESIGN LIMITED SERVICE AGREEMENT -
This Agreement is made between:
(1) You (“the Client” or “You”)
(2) Balletti Design Limited a company registered in England and Wales under company number 08911606 of 148 Mitcham Road, London SW17 9NH (“Balletti Design” or “We”)
The Client hereby agrees to appoint Balletti Design to provide an Interior and Lifestyle store walking tour service on the terms & conditions attached to this Cover Sheet.
Service start and end date: Date of the advertised walking tour
Fee payable: £60
TERMS AND CONDITIONS OF BUSINESS
You appoint us as your exclusive provider of Interior and Lifestyle store walking tour, details of which are set out in the Schedule (the “Services”). The Service will start on the date set out on the Cover Sheet (“Start Date”) and will continue until the appointment expires or is terminated in accordance with the provisions of clause 10 of these terms.
2. Balletti Design’s Obligations
In consideration of the payment of the fees detailed below, we shall use all reasonable endeavors to provide the Services and any further services agreed between the parties in writing from time to time.
We will provide the selected service:
a. until completion of the specifications set out in the Cover Sheet; or
b. until the Agreement is terminated by either party in accordance with clause 10 below.
4.1. You agree to pay us the fees set out on the Cover Sheet during the term of this Agreement or as may be agreed between the parties in writing from time to time.
5. The Client’s Obligations
5.1. We may provide you with advice regarding products and styling ideas for your projects, and if requested may accompany you to purchase suitable items, depending on the service you have selected. However, you will be responsible for purchasing such products on your own behalf.
6. If there is a problem with the Services
6.1. In the unlikely event that there is any problem with the Services, please contact us and tell us as soon as reasonably possible. We will use every effort to resolve the problem as soon as reasonably practicable provided it relates to the Services.
6.2. If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
If we design any product for you such as mood boards or drawings, we will own the copyright, design right and all other intellectual property rights of the product and any drafts, drawings or illustrations we make in connection with the product for you.
8. Photography and publicity
We shall have the right to take and publish photographs of the project and you agree to give reasonable access to the project for this purpose for 5 years after completion of the Services. We will ask for your consent before publication of any other information about the Services.
9. Your right to cancel
9.1. Subject to Clauses 9.3 and 9.4, if you are a consumer, you have a legal right to cancel the contract during the period set out in Clause 9.2 below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive the Service, you can notify us of your decision to cancel the contract. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2. Your legal right to cancel a contract starts from the date of the Agreement. Your deadline for cancelling the contract is 14 calendar days after the date of the Agreement.
9.3. To cancel the contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at firstname.lastname@example.org. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
10.1. Either party may terminate this Agreement on giving the other party 14 days’ prior written notice of its intention to terminate the Agreement. The Agreement will terminate save for any obligation under Clause 4.
10.2. Either party has the right to terminate this Agreement immediately at any time by giving written notice to the other party in the event that:
10.2.1. the other party commits a material breach of this Agreement which cannot be remedied or a breach capable of being remedied and fails to remedy the breach within twenty one (21) days of a written request to do so; or
10.2.2. the other party is the subject of a bankruptcy order (if an individual) or becomes insolvent or makes any arrangement or composition with or assignment for the benefit of its creditors or if any of the other party’s assets are the subject of any form of seizure, or the other party goes into liquidation or a receiver or similar officer is appointed over the other party’s assets; or
10.2.3. the other party ceases or threatens to cease to carry on business.
11. Limitation of liability
11.1. If we suggest that you purchase certain products from third parties, whilst this is done in good faith, we are not responsible for such products and we shall not be liable for any losses incurred by you in relation to such products, including but not limited to the liabilities set out in Clause 11.5.
11.2. Neither party shall be liable to the other in contract, tort (including negligence) or otherwise for any indirect loss of profits, business or anticipated savings, or for any indirect or consequential loss or damage whatsoever.
11.3. Nothing in this Agreement shall exclude or restrict either party’s liability for fraud, death or personal injuries resulting from the negligence of that party or of its employees while acting in the course of their employment.
11.4. In addition, in relation to the Services, we do not exclude or limit in any way our liability for:
11.4.1. breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
11.4.2. breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
11.5. Subject to the preceding paragraphs of this Clause 11, our 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 this Agreement shall be limited to the fees paid for the Services.
12. Force majeure
12.1. Except for the obligation to pay money properly due and owing, either party shall be excused from any delay or failure in performance under this Agreement caused by reason of force majeure.
12.2. For the purposes of this clause “force majeure” means the occurrence of an event or contingency beyond the reasonable control of the relevant party including but not limited to failure of performance by the other party due to acts of God earthquake, power failure, labour disputes, riots, legal consents and governmental requirements.
12.3. The party whose performance is affected by the occurrence of the force majeure event shall give notice of such inability to perform to the other party with details of the event and likely duration.
12.4. The party whose performance is affected by the occurrence of the force majeure event undertakes during such period of suspension of its obligations to:
o keep the other fully informed of any developments;
o take such action as may be necessary to prevent, limit or mitigate any damage or loss which might arise or be incurred as a result of or in connection with such suspension;
o to use its best endeavors to avoid, limit, mitigate or remove the effect of such force majeure event
12.5. If a party is excused performance of substantially all of its obligations under this Agreement for a continuous period of two (2) months, then the other party may at any time after such period terminate this Agreement
13. How we use your personal information
14.1. No Agency: Nothing in this Agreement shall constitute any partnership, agency or agreement of employment between the parties.
14.2. Contacting us: You can e-mail us at email@example.com or contact us by telephone on +44 779 583 6138 or by post to 148 Mitcham Road, London SW17 9NH. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address stated on the Cover Sheet.
14.3. Variation: Amendments to this Agreement (including any schedules added to this Agreement after the date of this Agreement) shall not be effective unless in writing and signed by authorised signatories on behalf of both parties.
14.4. Waiver: Neither party shall have been deemed to have waived any right under this Agreement by reason of or failure or delay in exercising a right.
14.5. Entire Agreement: This Agreement contains the whole Agreement between the parties relating to its subject matter and supersedes all previous written or oral agreements relating to it.
14.6. Assignment: neither party shall be entitled to assign or transfer any right or obligation under this Agreement without the prior written consent of the other.
14.7. Headings: The headings to the clauses in this Agreement are for ease of reference only and shall not affect their interpretation.
14.8. Severance: If any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable it may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect. The parties shall seek to amend such provision in such reasonable manner as achieves the intention of the parties without illegality.
14.9. Further Assurance: At any time after the date of this Agreement each of the parties shall execute or procure the execution of such documents and do or procure the doing of such acts and things required for the purpose of giving the full benefit of all the provisions of this agreement.
14.10. Counterparts: This Agreement may be executed in any number of counterparts, which shall together constitute one Agreement. Any party may enter into this Agreement by signing any such counterpart.
14.11. Third Party Rights: No person who is not a party to this Agreement shall have any rights to enforce its provisions.
15. Law and Jurisdiction
This Agreement (and any non-contractual obligations) shall be governed by and construed and interpreted in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.
Schedule of Services
o Interior and Lifestyle store walking tour
o Instagram tips (if requested)
o Refreshments not included
o Transport to and from meeting place not included
o Details of stores visited provided