Terms and Conditions

1 Definitions & Interpretation

1.1 DEFINITIONS

In these Terms and Conditions:

Agreement means an agreement between AVPartners (we) and the Client (you) containing the terms of AVPartners’ provision of Services for an Event and includes these Terms and Conditions and the Event Proposal.

Claim includes all present and future claims (including but not limited to third party claims), suits, actions, demands, litigation, proceedings or threats whether:

(a) criminal, administrative or by way of arbitration or expert determination; or

(b) before any court, arbitrator, expert, tribunal, board commission, authority, agency, department or officer.

Client means a client who has entered into an Agreement for the provision of Services.

Data means, where a Client uses any of AVPartners’ computer equipment during the Event to present any Client materials relating to the Event, all data provided by Client to AVPartners that is saved on or copied to the relevant AVPartners computer for use by the Client.

Deposit means any deposit paid by a Client in accordance with the Payment Schedule or Event Proposal.

Equipment means the audiovisual, staging, production equipment owned, leased or provided for use at the Event by AVPartners.

Event means an event or function in respect of which AVPartners is engaged to provide Services, whether held at a Venue or otherwise.

Event Date means the date upon which an Event is to be held.

Event Proposal means the proposal for Services.

Event Times means the times between which an Event is to be held.

Fees means AVPartners’ fees for the provision of Services for an Event as specified in the Agreement for that Event, including any Deposit.

GST means the Goods and Services Tax imposed under the GST Act.

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Indemnified Parties means for each party, that party, its officers, employees, contractors and related entities (and their officers, employees and contractors), and, in the case of the Venue, its manager.

Loss means all loss (excluding indirect or consequential loss), costs (including legal costs on a full indemnity basis), expenses, penalties and liabilities regardless of when or how these losses are suffered or incurred.

Payment Schedule means the Payment Schedule detailed in clause 14 and forming part of these Terms and Conditions.

Services means audiovisual, event staging, event production services and related services.

Venue means any Hotel location or Convention Centre at which the Event is to be held and at which AVPartners is contracted to provide the Services.

2 Acceptance

2.1 ACCEPTANCE

These Terms and Conditions will be considered to be accepted by the acceptance of the Event Proposal.

3 The Services

3.1 HOW WE WILL PROVIDE THE SERVICES

We will provide the Services to you in accordance with and subject to:

(a) the Event Proposal;

(b) standard industry practices and standards;

(d) your reasonable instructions;

(e) all reasonable instructions from the staff at the Venue; and

(f) these Terms and Conditions.

We will ensure that our staff are suitably qualified and skilled for the performance of the Services.

3.2 ADDITIONAL SERVICES

Unless we agree otherwise, we will not be obliged to provide to you any additional services that are not specified in the Event Proposal. If we agree to provide you with additional services, the Fees will be increased to include our fees and expenses for those additional services.

3.3 CONTRACTORS

You acknowledge that we may engage contractors to provide all or part of the Services. We are responsible for our contractors.

3.4 SAFETY

We reserve the right to terminate the provision of all or any part of the Services, at any time without notice and without any liability to you or any other person if we consider in our absolute discretion that the provision of the Services for the Event may:

(a) jeopardise the health, safety or welfare of any person;

(b) cause damage to property; or

3.5 DATA

(a) If you use our computer equipment during the Event to assist with presentation of your materials to attendees at the Event, you acknowledge and agree that we will be entitled to delete the Data from our computer equipment and destroy all copies of Data following the conclusion of the Event. If you wish to have a copy of the Data returned to you, you must provide us with a written request for a copy of the Data at least 48 hours prior to the commencement of the Event, and we will send a copy of the Data to you within seven (7) days of conclusion of the Event.

(b) If you request to record your Event (Recording), we guarantee to provide a copy of the Recording and further copies can be made available to you at your written request for up to 30 days after the Event. We do not guarantee copies of the Recording will be made available more than 30 days after the Event. We will delete the Recording/s at any time on receipt of a written request from you.

3.6 PROVIDED EQUIPMENT

All equipment required as part of the delivery of service as documented in the Event Proposal for your event will be provided. If AVPartners has a shortage of equipment or the required equipment is out of commission at the time of your event, AVPartners will source alternative equipment of equivalent or better quality at no additional cost to you.

4 Equipment

4.1 YOUR USE OF EQUIPMENT

You must, and must ensure that your employees and all other persons at the Event, only use our audiovisual equipment or the audiovisual equipment:

(a) in accordance with all reasonable instructions from us or the staff of the Venue;

(b) only for the purposes for which it was intended; and

4.2 LIABILITY FOR DAMAGE

You are liable for any loss or damage to the Equipment caused by you, your employees, or any of your delegates or invitees attending the Event.

4.3 PAYMENT FOR DAMAGE

Without limiting our rights, in the event we have any claim for damages under clause 4.2, you must within seven days of receiving a demand from us or the Venue operators either (as specified in the notice):

(a) pay us the cost of repairing the damaged Equipment; or

(b) pay us the full replacement cost of the Equipment if it is lost or if we determine (acting reasonably) that it is irreparably damaged.

5 Fees

5.1 LIABILITY TO PAY FEES

You must pay the Fees in accordance with this clause 5, the Event Proposal and as set out in the Payment Schedule.

5.2 PAYMENT TO VENUE

(a) Unless we otherwise advise you in writing, for Events conducted at a Venue, you must pay all Fees and other amounts payable by you under this Agreement to the Venue operator in accordance with the invoice issued to you by the Venue operator.

(b) Despite clause 5.2(a), we may recover Fees and any other amounts payable by you under this Agreement directly from you.

5.3 FEES MAY CHANGE

The Fees specified in the Event Proposal are estimates only and may change:

(a) if the Event Date changes;

(b) if you request us to provide different services to those specified in the Event Proposal;

(d) if you and us agree for any reason.

5.4 TERMINATION FOR NON-PAYMENT OF DEPOSIT

If you do not pay any Deposit or part payment by the due date for that payment, we may immediately terminate this Agreement for the provision of Services by written notice to you, and we will have no liability to you or any other person in relation to termination of this Agreement.

5.5 ENFORCING PAYMENT

You must reimburse us for all reasonable expenses and costs (including but not limited to legal costs and debt recovery costs) incurred by us or the Venue operators, or for which we or the Venue operators are liable, in recovering any and all overdue amounts payable under this Agreement.

5.6 WHEN PAYMENT IS DEEMED TO BE RECEIVED

All payments you are required to make under this Agreement will only be deemed to be received when cleared funds are received by us or the Venue operator (as applicable). You must make all payments in full and without any set-off or abatement.

5.7 OUR RIGHT TO CHARGE INTEREST

We may charge interest at the rate of 10% per annum (calculated daily) on any overdue amounts up until the date that payment is received.

5.8 SET-OFF AGAINST DEPOSIT

We may set-off any amounts you are required to pay under this Agree

AVPartners Terms & Conditions

Updated 3rd September 2024