SILENT DISCO KING
TERMS & CONDITIONS
For Our Sales Terms, Conditions & Policies please visit: https://www.sdksales.co.uk/policies
Terms and Conditions of Hire
You (The Customer) are entering into an agreement with us (Silent Disco King; SDK; the company). These are our terms and conditions of hire that you are agreeing to by using our services. They set out what you can expect from Silent Disco King, and what is expected from you.
1) SDK want your event to be a success, and for you to have a good experience working with us. We undertake to be fair and reasonable, contactable and helpful.
2) SDK undertakes to provide you with the equipment you have booked, in working order, on the date(s) you agreed.
3) Your equipment will include spares so therefore the numbers may differ from what you have ordered. You agree to check and count the equipment within 6 hours of arrival and advise us of quantities received. In the absence of this, our warehouse records will stand as the true and accurate quantites originally received by you.
4) SDK checks and maintains all equipment thoroughly, but in the eventuality that damage occurs in transit or dispatch, you will not be charged for any equipment that doesn’t work on arrival. Please report this to us immediately and before the start of your event. Please mark affected equipment clearly before returning (such as stickers on equipment, or placing in a labelled plastic bag). In the event that you do not familiarize yourself with our system and test it before your event please be aware that our scope for assisting you is more limited and we cannot offer a refund in these circumstances.
5) In the event of equipment variation or failure, provided your event can still take place with the equipment supplied this agreement remains intact.
6) SDK supplies and hosts many events in a variety of locations; SDK is happy to advise you and demonstrate our equipment in advance, such that you may check coverage range, audio connection, interference or any requirements specific to your event. It is the customer’s responsibility to ensure that the equipment supplied is suitable for the customer’s specific purposes.
7) SDK will always do everything reasonably possible to honour your booking. In the unlikely event we have to cancel or vary your booking, howsoever caused, the maximum liability of SDK will be the return of any fees paid in lieu of unused equipment.
8) Should you wish to change or vary your booking, SDK will endeavor to accommodate this at any time. If cancellation occurs within 14 days of an event, a cancellation fee of 50% (of total bill) applies. If cancellation is within 72 hours of an event, a cancellation fee of 100% applies.
9) Our standard policy is full payment before dispatch. In any event you agree to pay all monies due within 28 days of your event. Where legal action is required to pursue unpaid debts, you agree to meet all costs including solicitor fees and court costs, even if settlement is reached before the hearing. We are entitled to claim 8% interest pro rata on any late payment.
10) You undertake to arrange access, and be reasonably contactable and available for delivery and collection.
11) You agree to have all equipment ready for collection on the agreed day set out when the order is confirmed. Missed collections are liable to be charged an additional night's hire fee for every day collection is delayed, as well as the price of any missed collections and extra costs in recovering equipment.
Loss or damage to equipment
12) You undertake to treat the equipment well and return it in the condition provided.
13) You undertake to store the equipment securely, and be responsible for it and the way it is used until collection.
14) Loss or damage:
i) You are advised to check and count the quantity of equipment supplied prior to collection, and advise us of the number by email. We are not able to engage in disputes about quantities where this step has not been followed. SDK's count, inventory and decision regarding missing equipment and discrepancies is final.
ii) You are advised to ensure the equipment is properly packaged and sealed in containers prior to return.
iii) If any headphones or other equipment are missing or severely damaged (unrepairable) you agree to pay us the replacement costs at the following rates: Bob Headphones - £30+VAT each; Harry Headphones £35+VAT each; Donkey Transmitters £49.99+VAT each; Falcon, Parakeet and Hawk Transmitters £149.99+VAT each; Sennheiser G3 Transmitters £499+VAT each; Charge Packs/Storage Containers £24.99+VAT each, Mircophones - £99.99+VAT each; Ipods or similar - £149.99+VAT each; Other equipment (including DJ, lighting, loudspeakers etc) charged at standard new RRP for the same or equivalent replacement.
iii) Discretionary reduction- Silent Disco King may offer a 50% reduction in headphone replacement costs where full settlement is paid within 8 days of the scheduled return/collection date and where the number of missing headphones is fewer than 10 or 10% of total order (the greater quantity applies). We are not obliged to offer any discount, and you understand that where matters are not resolved within 8 days, SDK suffers revenue loss due to missing headphones, and also incurs further costs in trying to resolve matters with you which negates our opportunity to extend this discounted period.
iv) Loss of revenue - where headphones are missing/unreparable and the account is not settled within 8 days as per 14(iii), an additional hire charge of £5 per item per week or part week will be applied until the account is settled.
v) Where headphones are deemed as lost and paid for, but returned more than 30 days after the event no refund will apply in respect of any fees already paid because of the loss of income already sustained.
i) It is the customers responsility to ensure that headphones are collected as agreed and scheduled, even if to be collected from a third party (for example left in venue).
ii) An additional day's hire charge will be applied for every day that collection is delayed as a result of missed collection.
16) In the event of a major incident affecting the headphones including, but not limited to: fire, theft and flood, please inform us as soon as possible as this may affect future bookings. You must also inform your insurance company, relevant authorities such as the police, and provide us with this information.
17) SDK reserves the right to claim for any other losses resulting from unreasonable loss or damage, or major incidents, including, but not limited to, time and expense, and loss of revenue.
18) The issue of this contract confirms your intention to book, and together with the invoice or quotation provided, outlines the agreement you have made with SDK. You are deemed to have accepted it after 7 days, or on delivery of headphones, whichever is sooner.
19) This contract is under the exclusive jurisdiction of the courts of England and Wales. All parties agree that matters will be resolved under British law and by British courts.
20) In the event of dispute, the customer agrees to meet all legal costs of SDK and further costs of enforcement of any debt.
YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the “Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to Silent Disco King, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
2.2 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Silent Disco King or someone else, or spoof Silent Disco King or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
CONFIDENTIALITY OF SILENT DISCO KING INFORMATION
3.1 You may obtain direct access via the Website to certain confidential information of Silent Disco King and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Silent Disco King and its suppliers.
3.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Silent Disco King written request, You must cease use of Confidential Information and return or destroy it.
CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Website. You acknowledge and agree that Silent Disco King is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Silent Disco King will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
INTELLECTUAL PROPERTY RIGHTS
5.1 Except as expressly authorized by Silent Disco King or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Silent Disco King discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
5.2 Silent Disco King is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact us.
7.1 The Terms constitute the entire agreement between You and Silent Disco King relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized Silent Disco King representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use Silent Disco King or third-party products or services.
7.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the Terms will result in irreparable harm to Silent Disco King for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Silent Disco King will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Silent Disco King seeks such an injunction.
7.3 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
7.4 The Website may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning Silent Disco King roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and Silent Disco King ability to compete in a highly competitive and rapidly changing marketplace.
7.5 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.