Singers Secreto Ltd
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 terms and conditions apply to both the Customer and the Performer. Please read these 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 at https://www.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 clauses 4, 6, 8 and 9 as they relate to payment, cancellation, limitation of liability and indemnification, and Force Majeure.
Black Friday Deals can only be used on upgrading your booking – not on existing bookings
1.1. Definitions. In these Terms, the following definitions apply:
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.
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 entertainment during the event / function for the purposes of this agreement.
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 and
including all applications and rights to apply for and be granted, 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://www.singerssecreto.com
2. How these Terms apply
2.1. By using the Website and making a Booking you are agreeing to comply with and be bound by these Terms. If you do not agree to comply with and be bound by these Terms you must not make a Booking.
2.2. Use of the Website includes accessing or browsing the Website.
2.3. A written contract will be issued to confirm the details of every Booking. This will constitute a legally binding agreement which will incorporate the Terms of this agreement. By signing the contract, the Customer / Performer formally agrees to be bound by its contents.
2.4. 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 of these Terms displayed on the Website at the time you use it.
2.5. 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.
3.1. Bookings can be made by phoning or emailing the office or via 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.
3.2. 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 or by bank transfer if making a booking directly with the office. If you are booking through the website the deposit is paid through a popular payment gateway. If we are unable to fulfil your request your initial deposit will be fully refunded.
3.3. Once the performer has confirmed his/her availability, the booking deposit has been paid and this Booking Confirmation Contract has been signed the deposit is non-refundable. 3.4. If a Customer wishes to book the same Performer for a future Booking (“Repeat Performance”), we require individual, business and corporate clients to re-book a Repeat Performance through us.
4. Charges and Payment
4.1. No charge will be made to Customers in relation to using our Website to check the availability.
4.2. The Charges for the Booking shall be as set out in the Booking documentation. 4.3. 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.
4.4. Charges in relation to Bookings are dependent on factors including but not limited to availability, location, date, set length, equipment required, venue size and 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 with the venue such as sound limiters and/or traffic management issues for loading in equipment. In this instance we will notify you and will issue a full refund of any deposit paid.
4.5. We require private customers to pay a non-refundable deposit when booking Performers for events / functions of a private nature (including but not limited to weddings). For the avoidance of doubt, a private client is deemed a Customer who is not a business or corporate client.
4.6. Usually deposits shall be received by us prior to issuing any agreement between the Customer and the Performer. However, from time to time this may vary.
4.7. Payment shall be made in the manner and / or to the bank account nominated by the Company, which shall be via a popular payment gateway (including Paypal), over the phone and your chosen payment method will be charged when we process your Booking.
4.8. The final balance must be paid to us via bank transfer into our account at least 2 weeks prior to the function/event.
4.9. In the event that full payment is not made in accordance with the terms set out in the booking form/ and unless other payment terms have been agreed by the Parties, we reserve the right to cancel the booking. In the event of cancellation due to failure to pay, the Performer will not perform at the event.
4.10. Payment arrangements for Corporate clients will be determined on a case-by-case basis. 4.11. We reserve the right to amend the Premium Content and the Charges at any time. Changes in price will not affect any booking you have already made that you have already purchased but will apply to any future bookings. We will inform you of any change in price or change made to Subscriptions within a reasonable period before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described below in these Terms. 4.12. The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
5. Performances, Timings & Variation
5.1. The Performer shall use all reasonable endeavours to meet any performance dates.
5.2. 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.
5.3. Should the Customer choose to change the venue or date of their event, the Company and Performer will endeavour 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.
5.4. 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 leaving 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, we will 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 Agency Agreement. 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.
6.1. 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:
6.1.1. 100% of the remaining balance if cancellation occurs within 1-30 days from the event date;
6.1.2. 75% of the remaining balance if cancellation occurs within 31-60 days from the event date;
6.1.3. 60% of the remaining balance if cancellation occurs within 61-90 days from the event date;
6.1.4. 50% of the remaining balance if cancellation occurs within 91-120 days from the event date;
6.1.5. The deposit only if cancellation occurs 121 + Days from the /event date. 6.2. Pursuant to clause 7.2, 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.
6.3. Cancellation will be deemed to have been made when notice of cancellation is received by email only.
6.4. All cancellation fees must be paid within 7 days of cancelling the event. Cancellation fees can be paid by bank transfer or via paypal.
6.5. 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..
6.6. The Performer may only cancel an agreement due to a Force Majeure event as described/set out in Clause 9 below.
6.7 If the Performer cancels due to circumstances not related to Force Majeure, the Performer must compensate us by means of a fee as set out in the Agency Agreement between the Agent and the Performer.
7.1. As we effectively act as an Agency, our involvement in any agreement is strictly as a negotiator of terms between the Customer and the Performer.
7.2. We will take every reasonable precaution to ensure agreements are fulfilled between the Customer and the Performer, however we cannot be held accountable for breach of any contract.
7.3. 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 or guarantees (whether express or implied) in this respect, or that it will meet your requirements, that it will not infringe the rights of third parties, that it will
be compatible with all software and hardware, or that it will be secure.
8. Limitation of liability and indemnity
8.1. We cannot exclude or limit our responsibility to you for:
8.1.1. Death or personal injury resulting from our negligence;
8.1.2. Fraud or fraudulent misrepresentation;
8.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
8.1.4. Any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015;
8.1.5. Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
8.2. We will not be liable to Customers or Performers for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
8.3. 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 Contract was made, both we and you knew it might happen. We are not responsible for unforeseeable losses.
8.4. 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 administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of our Website.
9. Force Majeure
9.1. For the purposes of this 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 or illness of a Performer, death of an immediate family member of a Performer, act of God, 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.
9.2. 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.
9.3. 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. If the Performer has received payment before informing us of their cancellation due to force majeure they must return all payment received in relation to that event within 48 hours.
9.4. We will endeavour 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 Company agrees to refund the Customer the deposit and any further charges already paid by the Customer for the booking of the Performer.
10. Use of personal data
11.1. We reserve the right to change the domain address of this Website 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.