Terms & Conditions

Singers Secreto Booking Contract

Terms of Business

These Terms of Business (the “Terms”), together with any and all other documents referred to herein, set out the terms which will apply to every booking taken by us. These Termsapply to both the Customer and the Performer. Please readthese Terms carefully and ensure that you understand them before making any booking via the website, telephone or email with us. You will be required to accept these Terms when making any booking.

This website is owned and operated by Singers Secreto Ltd (the “Company”, “we“, “us“, “our“), registered number NI664004, whose registered office is at 14 Wood Grange, Newtownabbey, Co Antrim BT37OWG.  Use of our site is subject to our Website Terms and Conditions of Use available athttps://singerssecreto.com/privacy-policy/.Please ensure that you have read them carefully and that you understand them.

The Customer’s attention is drawn in particular to the clauses relating to payment, cancellation, limitation of liability, indemnification, and Force Majeure.

1. Interpretation

1.1 Definitions. In these Terms, the following definitionsapply:

Agent: Singers Secreto Limited

Bookings: the booking of Performers for weddings, events and functions made available via our Website, telephone or email.

Charges: the charges payable by the Customer for Bookings purchased via our Website, telephone or email in accordance with Clause 4 below.

Company: Singers Secreto Limited 

Customer: the person(s) or firm (including business and corporate clients) who makes a booking via the Website, telephone or email.

Performers: individuals who provide entertainmentduring the event / function for the purposes of thisagreement.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered andincluding all applications and rights toapply for and begranted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Services: services supplied by the Performer to the Customer in accordance with the Booking.

Website: the website at https://singerssecreto.com

1.1 Application: these Terms apply as follows:

1.1.1 By using the Website and making a Booking you are agreeing to comply with and be bound by these Terms. Ifyou do not agree to comply with and bebound by theseTerms you must not make a Booking.

1.1.2 Use of the Website includes accessing or browsing theWebsite.

1.1.3 By signing/ e-signing this Booking Contract, the Customer formally agrees to be bound by its contents. For the avoidance of doubt, failure to complete the Booking Contract or provide a signature, will not terminate nor invalidate the proposed agreement between the Customer and the Performer. 

1.1.4 We reserve the right to change these Terms at any time. We will take reasonable steps to make you aware of any changes to the Terms, for example by posting them on the Website. You agree to be bound by the version ofthese Terms displayed on the Website at the time you useit.

1.1.5 This Agreement may be executed in any number of counterparts, in which case this Agreement will be effective as if all signatures and other executions on the counterparts were a single copy of this Agreement. Any Party may execute this Agreement by executing a counterpart. 

2. Bookings

2.1 Bookings can be made by phoning or emailing the office orvia our website. The office is open Monday – Friday, 9am – 5pm however, bookings can be taken 24 hours per day, 7 days a week via our website.

2.2 An initial deposit is required in order for the Company to secure a Performer for your specified date. The deposit can be paid either by debit/credit card orby bank transferif making a booking directly with the office. If you are booking through the website the deposit is paid through a popular payment gateway.Once the booking deposit hasbeen paid, the deposit is non-refundable unless we are unable to fulfil your request where your initial deposit will be fully refunded.

2.3 If a Customer wishes to book the same Performer for a future Booking (“Repeat Performance”), we requireindividual, business and corporate clients to re-book aRepeat Performance through us.

3. Charges and Payment

3.1 No charge will be made to Customers in relation to using our Website to check the availability. 

3.2 The Total Agreed Fee is set out in the Booking Contractabove. 

3.3 We charge the Performer an agreed commission for obtaining and dealing with all matters relating to any Booking which shall be determined at the time the Performer signs up with us. Included in the total agreed price is a deposit, the amount of which relates to services provided by the Company. For the avoidance of doubt, the commission retained by the Company is subject to change as agreed with the Performer, however this will not affect the Total Agreed Fee paid by the Customer. 

3.4 Charges in relation to Bookings are dependent on factors including but not limited to availability, location, date, setlength, equipment required, venue sizeand type of event. We endeavour to provide accurate pricing and availability however it is a real-time system and customers may input incorrect details, as such, from time to time the information may not be accurate. Performers reserve the right to reject the booking if there are known issues withthe venue suchas sound limiters and/or trafficmanagement issues for loading in equipment. In thisinstance we will notify you and will issue a full refund of any deposit paid.

3.5 The final balance must be paid to us via bank transfer into our account at least six weeks prior to the function/event.

3.6 In the event that full payment is not made in accordance with these Terms of Business, unless other payment terms have been agreed by the Parties, wereserve the right to cancel the booking. In the event of cancellation due to the Customer’s failure to pay, the Performer will not perform at the event.

3.7 Payment arrangements for Corporate clients will be determined on a case-by-case basis.

3.8 The Customer shall pay all amounts due under the Booking Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). 

4. Performances, Timings & Variation

4.1 The Performer shall use all reasonable endeavors to meet any performance dates.

4.2 Contracted start times are based on the Performer having access to the performance area before the contracted start time. If the function is running behind schedule the Performer reserves the right to perform within 90 minutes of the agreed start time. This may result in the Performer carrying out the performance at a different stage during the event.  

4.3 Should the Customer choose to change the venue or date of their event, the Company and Performer will endeavor to accommodate such changes. However, if the Performer is not available on the new proposed date or the venue is deemed unsuitable by the Performer or Company, the booking will be cancelled, the deposit is non-refundable, and the cancellation terms will apply. 

4.4 The Performer that is booked is confirmed on this Booking Contract between the Customer and the Performer, as facilitated by the Company. However, in the event that the Performer is unable to perform for reasons including illness or injury, or the Performer leaves the Company, the Performer reserves the right to substitute themselves with another performer who can perform the entertainment repertoire to a high professional standard, as approved by and to the satisfaction of the Company. If the Performer cannot find a suitable alternative Performer, the Companywill endeavour to arrange an alternative Performer of similar ability, style and cost. We will make all reasonable attempts to provide a suitable replacement. Any replacement Performer must be willing to agree to the terms of this Booking Contract. This does not constitute a change to your booking and as such any fees paid will be non-refundable in accordance with the terms and conditions set out in this Booking Contract. Should a suitable replacement not be found, the Company agrees to refund the Customer the deposit and any further charges already paid by the Customer for the booking of the Performer.

5. Cancellation

5.1 The Customer reserves the right to cancel a Booking. The cancellation fees which a Customer will incur in the event of cancellation are as follows:

​5.1.1​100% of the remaining balance if cancellation occurs within 1-30 days from the event date;

5.1.2​ 75% of the remaining balance if cancellation occurs within 31-60 days from the event date;

5.1.3 ​60% of the remaining balance if cancellation occurs within 61-90 days from the event date;

5.1.4 50% of the remaining balance if cancellation occurs within 91-120 days from the event date;

5.1.5 The deposit only if cancellation occurs 121 + Days from the /event date.

5.2 A day consists of 24 hours running from one midnight to the next. For the avoidance of doubt, the day on which notice of cancellation is received will be regarded as the first day of the cancellation period and the day of the event will be the last day of the cancellation period.

5.3 Cancellation will be deemed to have been made when notice of cancellation is received by email only.

5.4 All cancellation fees must be paid within seven days of cancelling the event. Cancellation fees can be paid by bank transfer or via PayPal.

5.5 In the event that the Customer fails to pay the cancellation fees in accordance with these Terms, and unless other payment terms have been agreed between the parties, without prejudice to any of its other rights, we reserve the right to serve the Customer with a statutory demand for payment or commence legal proceedings against the Customer for damages for breach of Contract or otherwise, as deemed appropriate.

6 Disclaimer

6.1 As we act as an Agency, our involvement in any agreementis strictly limited to negotiating the terms and conditions between the Customer and thePerformer. For the avoidance of doubt, any Booking Contract and the incorporated Terms, are agreed between the Customer and the Performer. The Company is not a party to the Booking Contract and therefore shall not be liable for any breaches of its terms and conditions. 

6.2 We will take every reasonable precaution to ensure agreements are fulfilled between the Customer and the Performer, however in accordance with clause 6.1, we will not be held accountable for breach of any contract.

6.3 We will make reasonable efforts to ensure that the performances listed (with respect to availability and timings) are complete, accurate, and up-to-date. We do not, however, make any representations, warranties orguarantees (whether express or implied) in this respect, orthat it will meet your requirements, thatit will notinfringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

7 Limitation of liability 

7.1 We cannot exclude or limit our responsibility to you for:

7.1.1 Death or personal injury resulting from ournegligence;

7.1.2 Fraud or fraudulent misrepresentation;

7.1.3 Action pursuant to section 2(3) of the Consumer Protection Act 1987

7.1.4 Any liability, right or remedy which we cannotexclude or limit pursuant to the Consumer Rights Act 2015;

7.1.5 Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.

7.2 We will not be liable to Customers or Performers for any lossof profit, loss of business, interruption to business, or for any loss of business opportunity.

7.3 If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either, it is obvious that it will happen, or if at the time the Booking Contract was made, both we and you knew it might happen. We are not responsible for anyunforeseeable losses.

7.4 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses,including reasonable administrativeand legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of our Website.

8 Force Majeure

8.1 For the purposes of this Booking Contract, a Force Majeure Event means an event beyond the reasonable control of the Company including but not limited to strikes, failure of a utility service or transport network, personal injury orillness of a Performer, death of an immediate family member of a Performer, act of God, pandemic or epidemic, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of transport, fire, flood, storm or default of suppliers or subcontractors.

8.2 The Company shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

8.3 In the event of the Performer cancelling the agreement due to Force Majeure, the Performer shall inform the Company as soon as they become aware of the Force Majeure event. The Company shall notify the Customer as soon as possible. 

8.4 We will endeavor to offer the Customer an alternative Performer of similar ability, style and cost. We will make all reasonable attempts to provide a suitable replacement. Should a suitable replacement not be found, the Companyagrees to refund the Customer the deposit and any furthercharges already paid by the Customer for the booking of the Performer.

9 Use of personal data

9.1 All personal information that we may collect (including, but not limited to, your name, address and telephone number)(‘Personal Data’) will be collected, used and held in accordance with our Privacy Policy available to view at https://singerssecreto.com/privacy-policy/.

9.2 The Company will use your Personal Data to contact you and manage the booking process. Therefore, the Company will store and process your Personal Data. If you do not consent to the processing of your Personal Data for these reasons, please email [x]. 

10 Image Release

10.1 By agreeing to these Terms, you agree to allow the Company to use, for the purposes set out below, any images or videos captured at your Function. 

10.2 You grant us exclusive permission to use the images and videos for the following purposes (‘Permitted Purposes): 

10.2.1 sharing on the Company’s social media platforms

10.2.2 use in the Company’s future promotional material 

10.3 You agree to us storing the images and videos for as long as necessary to fulfil the Permitted Purposes.

10.4 You can withdraw your consent at any time by contacting [x]. This will not affect the lawfulness of any processing carried out before you withdraw your consent. 

11 General

11.1 We reserve the right to change the domain address of theWebsite and any content, services, prices, specifications and availability at any time.

11.2 Each of the sub-clauses of these Terms should be considered separately. If any of these Terms are found to be unenforceable, invalid or illegal, the rest of these Terms will continue to have full effect.

11.3 We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing.

11.4 Any delay by us in enforcing our right, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforcing our rights in respect of any other breach by you of these Terms.

12 Governing law and jurisdiction

12.1 The Website is controlled and operated in Northern Ireland.

12.2 These Terms are governed by the laws of Northern Ireland and the Northern Ireland Courts shall have exclusive jurisdiction over legal proceedings in connection with these Terms.