The following words shall have the following meanings in these Terms and Conditions:
“Booking Form” means the form you are detailing the Service which you wish to hire and the Hire Period and shall include the Online Booking Form.
“Corporate” means activities booked through our corporate department by entities in the course of its business;
“Quote” means the quotation document for Corporate events issued to the Hirer which details the Service to be hired and the Hire Period;
“Force Majeure” means any event which is beyond the reasonable control of DHE Trading Ltd T/A OhSoChimp which shall include, without limitation, acts of God, governmental actions, fire, death, illness or other capacity certified by a properly qualified medical practitioner, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, extreme weather conditions, flood, epidemic, lock‐outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials;
“Hire Agreement” is a reference to these Terms and Conditions, any Booking Form and payment instructions provided to you;
“Hire Charge” is a reference to the charge we make for the hire of the Service to you and which is detailed in any quote we may provide to you;
“Hirer”, “you”, “your” and “yours” are references to you the person hiring the Service from us;
“Hire Period” is a reference to the period which you have agreed to hire the Service and which is specified on the Online Booking Form or a Quote;
“Online Booking Form” means the online form for Private events displayed on our website or any signed and printed version of this form which is completed by you detailing the Service which you wish to hire and the Hire Period;
“Service” means the type of service provided by DHE Trading Ltd T/A OhSoChimp including equipment and technology required which we have agreed to hire to you in accordance with these Terms and Conditions;
“Private” means all bookings for private events such as weddings, birthdays and other events of a celebratory nature which are not booked by persons in the course of their business and which are booked through our private department;
“Terms and Conditions” means the terms and conditions of hire of the Service as set out in this document; and
“OhSoChimp”, “us”, “we”, “our” means DHE Trading Ltd T/A OhSoChimp and any of its franchisees of 1 Davy Road, Plymouth, Devon PL6 8BX
2. Agreement to Online Terms and Conditions
2.1 When hiring a Service from us you do so in accordance with this Hire Agreement. You are deemed to have accepted the Hire Charge for the hire of the Service, and other terms such as delivery, which have been quoted to you at the time of placing your order.
2.2 Any contract for the hire of the Service is between you and OhSoChimp.
2.3 These Terms and Conditions will remain in place on the website and can be accessed by you at any time. The Terms and Conditions displayed on the website at the time of booking your event shall apply to your booking. We reserve the right to amend or update our Terms and Conditions at any time and any subsequent bookings made by you shall be governed by such terms. We reserve the right to alter our pricing on our literature and website at any time without prior warning but this will not affect bookings which have been confirmed by us.
3. Private Bookings
3.1 Booking System.
All Private bookings must be either be made via our online booking system or written booking form and payments made through the website. Particular care must be taken when completing the Online Booking Form as changes may only be made in writing and with our consent.
3.2.1 In order to secure your booking an amount of 50% or more of the Hire Charge quoted to you at the time of placing your order must be paid. The percentage is decided at the discretion of OhSoChimp. Once we receive the completed Booking Form and the Hire Charge amount we will notify you if your order has been accepted for the dates specified on the Booking Form. If the dates are not available then we will notify you and a full refund of the amount shall be made. A contract for the hire of the Service only comes into effect once we have confirmed your order.
3.2.2 The balance of the Hire Charge must be paid in advance of the Hire Term in accordance with the dates specified on the website. You will be prompted via email to pay the balance by the due date. Failure to pay the balance by the due date will result in the cancellation of your order.
3.2.3 You are not entitled to a refund of any part of the Hire Charge where the Hire Period has ended early due to the Service being damaged, lost or stolen during the Hire Period or any breach by you of these Terms and Conditions.
3.3.1 In the event that you decide to cancel your booking you must notify us immediately in writing. A cancellation fee will be payable calculated based on the period of notice you have given us:
- More than 60 days before the Hire Period commences: £150
- Less than 30 days (but more than 14 days) before the Hire Period commences: 50% of the amount paid plus £150
- Less than 14 days (but more than 7 days) before the Hire Period commences: 75% of the amount paid plus £150
- Less than 7 days before the Hire Period commences: 100% of the amount paid
3.3.2 The applicable cancellation fee will be deducted from the amount paid and the balance shall be refunded to you within 30 days of receipt of your cancellation notice.
3.3.3 At your option and provided you give us more than 30 days’ notice of cancellation you may cancel the booking and request that the amount is transferred to an alternative booking. In such cases the cancellation fee shall be reduced to £50.
4. Corporate Bookings
4.1. Making a Booking
If you wish to make a booking you must agree via written or electronic methods, or must sign, date and return the Quote to us no less than thirty full working days prior to the start of the Hire Period. All details stated on the Booking Form will be accepted by us as correct including spelling, punctuation and grammar, unless you notify us otherwise in writing. Any costs that we incur as a result of relying on incorrect information supplied by you must be reimbursed by you.
4.2.1 1 In order to secure your booking an amount of 50% of the Hire Charge quoted to you at the time of placing your order (or such other amount as we may agree with you) must be paid. Once we receive the completed Booking Form and the Hire Charge amount we will notify you if your order has been accepted for the dates specified on the Booking Form. If the dates are not available then we will notify you and a full refund of the amount shall be made. A Service will not be delivered on the requested date or time if the amount has not been paid.
4.2.2 The balance of the Hire Charge shall be fully payable 30 (thirty)working days prior to the Hire Period. The invoice shall be payable within 30 days of the date of the invoice. Any extra costs or services that have been added outside of the original signed quote and between payment of the amount and completion of the Hire Period will be added to the balance.
4.2.3 Failure to pay on time will result in late payment charges equivalent to interest on the late payment which shall be calculated on a daily basis at a rate of 5% from the date the payment was originally due until the date of actual payment.
4.2.4 We may also instruct a debt collection agency or solicitor to collect payment (including any interest and/or late payment charges) on our behalf. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may incur to pay the debt collection agency or solicitor, who will add the sum to your outstanding debt on our behalf.
4.2.5 You are not entitled to a refund of any part of the Hire Charge where the Hire Period has ended early due to the Service being damaged, lost or stolen during the Hire Period or any breach by you of these Terms and Conditions. You will not be entitled to a refund, in full or in part, if for any reason there is a temporary or permanent outage of the ability to use the OhSoChimp system or the social media services integrated with the OhSoChimp service. This is including, but not limited to, revoked access, technical issues, loss of connectivity.
4.3.1 In the event that you decide to cancel your booking you must notify us immediately in writing. A cancellation fee will be payable calculated based on the period of notice you have given us:
More than 60 days before the Hire Period commences: £150
Less than 30 days (but more than 14 days) before the Hire Period commences: 50% of the amount paid plus £150
Less than 14 days (but more than 7 days) before the Hire Period commences: 75% of the amount paid plus £150
Less than 7 days before the Hire Period commences: 100% of the amount paid
4.3.2 The applicable cancellation fee plus any production costs incurred up to the date of cancellation will be deducted from the amount paid and the balance shall be refunded to you within 30 days of receipt of your cancellation notice.
4.3.3 At your option and provided you give us more than 30 days’ notice of cancellation you may cancel the booking and request that the amount is transferred to an alternative booking. In such cases the cancellation fee shall be reduced to £50.
4.4. Graphics & Art Work
4.4.1 Templates will be provided by us should you want the Service to be customised with graphics. Artwork should be provided by you in a print ready format as specified in the templates. OhSoChimp cannot be held responsible for any shortcoming or mistakes in the artwork that you supply. OhSoChimp can provide an artworking service at additional cost to the Hirer. OhSoChimp do not accept any responsibility for editing or proofing of artwork provided by the Hirer. OhSoChimp only act as an intermediary between you the client and our printers. Artwork must be supplied by the given deadline and no later. Artwork submitted after a deadline may be subject to extra charges to ensure production in time for your event. Production of artwork submitted after the given deadline cannot be guaranteed and OhSoChimp cannot accept responsibility in such circumstances. OhSoChimp does not accept responsibility for charges incurred and or of production due to artwork submitted post given deadline date or time. If you require a proof before printing this must be requested by email before printing.
5. Basis of Hire
5.1 Services hired from us are not intended for your commercial use (apart from promotions) and must only be used in accordance with these Terms and Conditions.
5.2 The Hire Period for the Service is for the period specified on the Booking Form. This Hire Agreement is not covered by the Consumer Credit Act, 1974 as the Hire Period is less than 3 months.
5.3 The Hire Period shall commence and end on the dates specified on the Booking Form. No extension to the Hire Period is permitted without our express written consent and receipt by us of the appropriate charge.
5.4 If we are unable to install the Service on time due to access restrictions the Hire Period will remain unchanged. If your event simply starts late or runs late, the Hire Period will remain unchanged unless we agree to provide additional hours or to simply delay our planned start.
6. Installation and Use of the Service
6.1 OhSoChimp requires a minimum of 45 minutes to set up and test the Service correctly. If you require the Service to be set up in a shorter period then we cannot be held responsible if it is not setup correctly or ready on time. It is up to you to ensure that all appropriate consents and approvals have been obtained to ensure that OhSoChimp are permitted access to install the Service at the requested location. OhSoChimp cannot be held responsible if for any of the above reasons we cannot deliver the Service on time for your event.
6.2 You must ensure that the space provided for the Service is suitable (at least 3m width x 3m length, 2.1m height) and that an adequate power supply is provided.
6.3 All technical issues or other problems concerning the Service which cannot be resolved by the Hirer must be reported to OhSoChimp as soon as possible in order to provide us with an opportunity to remedy the problem.
6.4 All features require an internet connection which it shall be your responsibility to provide. A minimum upload speed of 1Mbps is required. Where we supply a 3G connection the speed of connection will be dependent upon the ultimate service provider and we cannot be held liable for any delays in connection or connection failures as a result of using a 3G.
6.5 Where you have elected to transport the Service, you will be responsible for any damage to the Service or related equipment howsoever caused including any damage caused by third parties and you agree to indemnify us against loss, damage, cost or expense that we may incur as a result.
6.6 We cannot be held responsible for the number of times the Service, the social features are used or prints made. In this instance no financial reimbursement shall be given.
7. Risk and Ownership of the Service
7.1 Full ownership in the Service shall remain fully vested in us at all times. You have no right, title or interest in the Service other than that you are entitled to hire the Service for the Hire Period.
7.2 You are responsible for the Service from the time we deliver the Service until the time you return the Service to us. Full risk in the Service shall lie with you during this time.
7.3 You are not permitted to hire, sub-let, sell, lend, or part with possession of the Service at any time during the Hire Period.
7.4 You must maintain adequate insurance to cover the Service against fire, theft, loss or damage at all times during the Hire Period.
7.5 You hereby indemnify us against any losses, costs, damages or expenses that we may reasonably incur as a result of your breach of any of these Terms and Conditions and any loss or damage caused to the Service.
7.6 You will be charged for all replacement keys, locks or memory sticks or additional equipment which need to be replaced during or following your hire of the Service.
8. Termination of Hire
8.1 OhSoChimp will not tolerate any abuse or threatening behaviour to any of our staff or abuse of the Service or equipment. If this occurs OhSoChimp retain the right to terminate the hire immediately. This applies equally to you and your guests. OhSoChimp may terminate the hire in cases where our staff are of the reasonable view that the equipment belonging to OhSoChimp or the Service itself is in danger of being damaged or has been damaged due to the actions or unruly behaviour of the people using the Service(s).Wherever possible and reasonable to do so we will speak with you or the venue first to try to resolve the matter before any termination is enacted. If we do terminate, for any reason, the full Hire Charge will remain due and we will not issue any refunds for any period of hire not provided.
Moreover, you will be fully responsible for any damages caused by you or your guests or other attendees at the event to the Service and or equipment howsoever caused, with the sole exclusion of damage caused by OhSoChimp staff. You will be invoiced for the replacement of any damaged or broken parts including the cost of labour.
8.2 We also reserve the right to terminate the Hire Agreement at any time if you are declared bankrupt, enter into any arrangement with your creditors, or being a company, go into liquidation or are wound-up, or being a partnership, is dissolved or if, in our reasonable opinion, one of the aforementioned events is likely to occur.
8.3 We shall also be entitled to terminate the hire immediately where we have reasonable grounds to believe that you have acted in breach of this Hire Agreement.
9.1 Data capture:
The Service may be set up to capture certain user data at the request of the Hirer. Users will be notified of this at the time.
OhSoChimp uses the Instagram API to capture images, username(s), hash-tag(s) and caption(s) for our Service. For each Instagram upload, there will be a printed reference to “Powered by OhSoChimp” as this is the name of our Service application. It cannot be removed without prior written consent from OhSoChimp.
OhSoChimp delete all information collected during the Hire Period 24 hours after first upload when our Service displays or utilizes this data.
OhSoChimp uses the Twitter API to capture images, username(s), hash-tag(s) and caption(s) for our Service. For each Twitter upload, there will be a printed reference to “Powered by OhSoChimp” as this is the name of our Service application. It cannot be removed without prior written consent from OhSoChimp.
OhSoChimp delete all information collected during the Hire Period 24 hours after first upload when our Service displays or utilizes this data.
10. Photograph Usage and Ownership
Unless otherwise notified and agreed with you, you agree that all pictures taken by using our Service may be uploaded to a web gallery unless otherwise stated and exempt us from responsibility of publishing the pictures.
Photos taken by using the Service during the event may be used by us to assist with promotion of OhSoChimp. This may include printed matter as well as online images.
If you choose to use the Instagram, Facebook or Twitter upload option you take responsibility for permitting all users to upload any picture to their own Instagram, Facebook or Twitter page. OhSoChimp cannot be held responsible for the content of these pictures.
11. Limitation of Liability
11.1 We disclaim any and all liability to you for the supply of the Service to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the Hire Charge you have paid. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
11.2 We shall not be held liable for any failure or delay in performing the service and hiring the Service where such failure arises as a result of a Force Majeure event. In such circumstances our liability shall be limited to a pro rata refund of the deposit where applicable.
11.3 We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the hire of the Service. We do not make any representation or guarantee that use of the Service in any promotional context will generate revenue or customers for you or your business.
11.4 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
11.5 Nothing in this Hire Agreement shall limit our liability for personal injury or death arising as a direct result of our negligence.
12. OhSoChimp Staff
Staff supplied by OhSoChimp are for the sole purpose of providing technical support, hosting (which shall include management of operating the Service and people using the Service) and on-site picture editing assistance. As agreed with the Hirer prior to the start of the Hire Term, where staff are supplied by OhSoChimp you must ensure that a minimum 30 minute break (taken at a mutually convenient point) is given to the operator for Hire Periods longer than 4 hours. OhSoChimp staff should not be requested to undertake any additional function without first obtaining our consent.
13. Unstaffed Services
In the instance where a Service is requested without the use of an OhSoChimp host OhSoChimp will provide technical support by the following means:
- A single training session will be undertaken with the hire. Any further training requests to OhSoChimp will be subject to an additional fee. OhSoChimp cannot be responsible for untrained personnel not understanding how to operate the Service and manage trouble shooting
- Telephone support: OhSoChimp will provide telephone support to you the Hirer in the instance of any technical difficulty which you are unable to resolve. Telephone support will be provided throughout the agreed Hire Period. It is your responsibility to call the support numbers provided and inform us of any issues and leave a message if not answered. If a message is not left we cannot guarantee that we will respond to the call.
- Remote technical assistance: OhSoChimp will provide remote technical assistance during office hours only, unless otherwise agreed. OhSoChimp office hours being between the hours of 09:30 -18:00 Monday to Friday with national UK holiday excepted. Remote technical assistance is only possible where the Service is provided with a reliable internet connection and where we can safely connect this to the Service. It is your responsibility to ensure that the Service is properly maintained and used and that all technical issues which you are unable to resolve are reported to us promptly.
In the event of technical problems which have not been notified to OhSoChimp during the Hire Period or arising due to lack of due care and attention on your part OhSoChimp cannot accept responsibility and reimbursement of fees will not be given to compensate for any loss of Service run time.
14.1 We may subcontract any part or parts of the services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
14.2 We may alter or vary the Terms and Conditions at any time without notice to you.
14.3 The Hire Agreement constitutes the entire agreement between you and us. No other terms whether expressed or implied shall form part of this contract. In the event of any conflict between the Hire Agreement and any other term or provision, this Hire Agreement shall prevail.
14.4 If any term or condition of the Hire Agreement or these Terms and Conditions shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the terms shall continue in force without such term or condition.
14.5 This Hire Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
14.6. No delay or failure on our part to enforce our rights or remedies under the Hire Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
14.7 It is not intended that the undertakings and obligations of the parties set out in this Hire Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.