Terms & Conditions


Background:

These Terms and Conditions are the standard terms for the provision of event management services by The Armstrong Storytelling Bursary a Community Interest Company (CIC) registered in England under number 11351583 whose registered address is 118 Calabria Road, Highbury, London, N5 1HT and whose main trading address is 127 Ballyemon Road, Cushendall, Co Antrim BT44 0QP.

1. Definitions and Interpretation

  • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of Event Management Services, as explained in Clause 3;
“Event” means the event for which you require the Event Management Services as described in your Order;
“Event Management Services” means the event management services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Month” means a calendar month;
“Order” means your order for the Event Management Services [as attached] OR [as shown overleaf];
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3; and
“We/Us/Our” means The Armstrong Storytelling Bursary a Community Interest Company (CIC) registered in England under number 11351583 whose registered address is 118 Calabria Road, Highbury, London, N5 1HT and whose main trading address is 127 Ballyemon Road, Cushendall, Co Antrim BT44 0QP.
  • Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or other means.

2. Information About Us

  • The Armstrong Storytelling Bursary, trading as The Armstrong Storytelling Bursary a Community Interest Company (CIC) registered in England under number 11351583 whose registered address is 118 Calabria Road, Highbury, London, N5 1HT and whose main trading address is 127 Ballyemon Road, Cushendall, Co Antrim BT44 0QP.

3. Providing the Event Management Services

  • As required by law, We will provide the Event Management Services with reasonable skill and care, consistent with best practices and standards in the event management market, and in accordance with any information provided by Us about the Services and about Us.
  • We will make every reasonable effort to provide the Event Management Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please see Clause 9 for events outside of Our control.
  • If We require any further information, items or action from you in order to provide the Event Management Services, We will inform you of this as soon as is reasonably possible.
  • If the information or items you provide, or the action you take under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or items that you have provided or action that you have taken We may charge you a reasonable additional sum for that work.

4. Problems with the Event Management Services and Your Legal Rights

  • We always use reasonable efforts to ensure that Our provision of the Event Management Services is trouble-free. If, however, there is a problem with the Event Management Services We request that you inform Us as soon as is reasonably possible (you do not need to contact Us in writing).
  • We will use reasonable efforts to remedy problems with the Event Management Services as quickly as is reasonably possible and practical in the relevant circumstances.
  • We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or items provided by you, or incorrect or incomplete action taken by you, sub-Clause 6.5 will apply and We may charge you for remedial work.
  • As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.  If We do not perform the Event Management Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Event Management Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Event Management Services), you have the right to a reduction in price.  If for any reason We are required to repeat the Event Management Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.  In addition to your legal rights relating directly to the Event Management Services, You also have remedies if We use materials that are faulty or incorrectly described.

5. Our Liability

  • We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
  • We provide Event Management Services for domestic and private use (or purposes). We make no warranty or representation that the Event Management Services are fit for commercial purposes of any kind. By making your Order, you agree that you will not use the Event Management Services for such purposes.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
  • [If We are providing Event Management Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property.]
  • Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
  • Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Event Management Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
  • Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

6. Events Outside of Our Control (Force Majeure)

  • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
  • If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
    • We will inform you as soon as is reasonably possible;
    • Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
    • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Event Management Services as necessary;
    • If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3;
    • If the event outside of Our control continues for more than 3 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.5.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.3

7. Cancellation

  • If you wish to cancel your Order for the Event Management Services before the Event Management Services begin, you may do so under sub-Clause 4.3.
  • Once We have begun providing the Event Management Services, you are free to cancel the Event Management Services and the Contract at any time by giving Us 2 weeks notice (which must be either given or confirmed in writing). If you have made any payment to Us for any Event Management Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.  For Event Management Services We have already provided, the relevant sums will either be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
  • If any of the following occur, you may cancel the Event Management Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Event Management Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. For Event Management Services We have already provided, the relevant sums will either be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.  If you cancel because of Our breach under sub-Clause 10.3.1, you will not be required to make any [further] payments to Us [and will receive a full refund of any sums already paid].  You will not be required to give 2 weeks4 weeks notice in these circumstances:
    • We have breached the Contract in any material way and have failed to remedy that breach within 4 weeks of you asking Us to do so in writing; or
    • We enter into liquidation or have an administrator or receiver appointed over Our assets; or
    • We are unable to provide the Event Management Services due to an event outside of Our control (as under sub-Clause 9.2.4); or
    • We change these Terms and Conditions to your material disadvantage.
  • We may cancel your Order for the Event Management Services before the Event Management Services begin under sub-Clause 4.4.
  • If any of the following occur, We may cancel the Event Management Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Event Management Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.  For Event Management Services We have already provided, the relevant sums will either be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.  We will not be required to give 4 weeks notice in these circumstances:
    • You have breached the Contract in any material way and have failed to remedy that breach within 2 weeks of Us asking you to do so in writing; or
    • We are unable to provide the Event Management Services due to an event outside of Our control (for a period longer than that in sub-Clause 9.2.5).
  • For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and 10.5.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 10.3.1 and Us under sub-Clause 10.5.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

 

8. Complaints and Feedback

  • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
  • If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Event Management Services, please contact Us in one of the following ways:
    • In writing, addressed to Roger Armstrong, 127 Ballyemon Road, Cushendall, Co Antrim BT44 0QP
    • By email, addressed to info@armstory.org.uk

9. How We Use Your Personal Information (Data Protection)

  • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
  • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from roger@fenstein.demon.co.uk.

10. Other Important Terms

  • We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
  • You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
  • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
  • If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
  • No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

11. Governing Law and Jurisdiction

  • These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales and Northern Ireland.
  • As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
  • Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.