Terms & Conditions
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 “Guess What Event management”dates and prior to commencement of work (“Deposit”) and 50% of the Fees is due on the Event Date.
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 the Event Manager 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. The Event Manager 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 terms & Conditions stated herein, inclusive of Terms of Payment.
4. Additional Fee: An additional fee will be imposed upon confirmation for last-minute venue/ceremony installation/preparation written requests. The Event Manager and you shall negotiate in good faith with a view to agreeing upon a fair and reasonable fee.
5. 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 the Event Manager of said change so as to determine the Event Manager’s availability. Where you change the Event Details, subject to the availability of the Event Manager, every effort will be made by Event Manager 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. The Event Manager is not responsible for these compromises in quality in the event of last minute changes. If you change the Event Details and the Event Manager is unavailable to provide services, then the company “Guess What”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. Co-operation: The Parties agree to positive cooperation and communication for the best possible results. “ Guess What “ is not responsible for the acts and omissions of key individuals or their failure to be present or to cooperate during the Event.
8. House Rules: Although all efforts to negotiate with the venue site management shall be made by “Guess What “the Event Manager is limited by the guidelines of the venue site management. You agree to accept the results of their imposition on the Planner.
9. Loan Items: “Guess What “will 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 the Event Manager 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 “Guess What “for the cost of the Loan Items. Failure to reimburse within 7 days upon receipt of the “ Guess What “ invoice for the damaged and/or lost Loan Items will entitle “ Guess What” to forfeit the security deposit .
10. 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 copyright clearance and obtaining the relevant insurance coverage for the Event.
11. 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.
12. Limit of Liability: “Guess What” warrants and declares that every effort will be made to provide high quality services. You fully understand and agree that “Guess What” will not be responsible or held liable in the event the Event Manager 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.“Guess What” 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, the Event Manager, 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 the Event Manager (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 the Event Manager 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, the Event Manager 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.
13. Weather contingency: Cost of weather contingency is NOT inclusive of the quote. Similarly, when delays occur due to circumstances outside the Event Manager’s control, an additional fee for the extra time involved will be charged at the hourly rate.
14. Non-guarantee: Although every possible care will be taken to plan and co-ordinate the Event and vendors for the Event,“Guess What” cannot place an unconditional guarantee on the above. In the event that any vendor cancels prior to the Event, you agree that the Event Manager may substitute a new vendor with advance notice to you and any additional costs are to be paid by you.
15. Indemnity: You shall indemnify and hold the Event Manager 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.
16. Final Decision: The Event Manager’s role is that of an advisor and planner. You shall make the final selections of the vendors who provide the services and the Event Manager shall implement such decisions. Final decisions and instructions relating to all aspects of the Event must be made by you although the Event Manager 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 the Event Manager is merely the planner and organizer for the Event and you shall not hold the Event Manager responsible for the quality of the goods and services provided by such vendors and acts and/or omissions of the respective vendors.
17. 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.
18. The quotation issued by “Guess What” for the Event , shall be taken, read and construed as an essential part of these terms and conditions.
19. This Agreement is ese terms and conditions are governed by and is are to be construed in accordance with the laws of India and the Parties hereby irrevocably submit to the exclusive jurisdiction of the Calcutta High Court.
TERMS OF USE OF THIS WEBSITE
This website is owned and operated by “Guess What Event Management” These terms and conditions (“Terms”) constitute a legal agreement between the Planner and you. By accessing http://www.guesswhatsurprise.com(“this website”), you affirm that you are either more than 21 years of age, or possess legal parental or guardian consent, and are fully able and competent to legally enter into the Terms, and unconditionally accept to be legally bound by these Terms. You are only authorized to use this website if you agree to abide by this Agreement. Please read these Terms carefully as your entry, access and use of this website is governed by these Terms and by entering, accessing and using this website, you agree to and accept the terms and conditions contained herein. If you do not agree with and to these Terms, you must immediately leave this website and discontinue using it and any of the services provided therein. In case of violation of these Terms, the Planner reserves the right to seek all remedies available by law and in equity for such violations. These Terms and apply to all visits to this website, both now and in the future. The Planner reserves the right to change these Terms from time to time at its sole discretion. All changes will be posted on this page and your use of this website after such changes have been posted will constitute your agreement to the modified Terms and all of the changes. You should therefore read the Terms carefully each time you visit this website. In order to participate in certain activities or services offered on this website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions applicable to such services in which you choose to participate.