- The entity detailed in Step 1 of the Service Agreement, hereafter referred to as "Client". In the instance that the signing entity falsely represents the entity in Step 1 of the Service Agreement, Gatsby Productions reserves the right to claim full Service Agreement fees and all related costs from the signing entity.
- Due to Gatsby Productions intellectual property policies and security the following will not be supplied: cancelled cheque, bank statements, information relating to company turnover, CC / Company Registration # (Gatsby Productions is a Sole Proprietorship), Gatsby Productions can supply a bank verification letter, tax clearance certificate, confirmation of BEE status and owners ID (when requested).
- This is an all-inclusive agreement between Client and Gatsby Productions and no prior written or verbal arrangements are applicable.
- Main Services are Supplier/s or Service Provider/s, such as, but not limited to, Entertainers, Bands, Keynote Speakers, Technical Companies, Travel and Hospitality providers, contracted by Gatsby Entertainment and Production on behalf of and as per the request / mandate of the Client through acceptance of this Quote and Service Agreement.
- Technical and Support Service Riders refers to an additional document which shares the identical reference to this Quote and Service Agreement and this document includes additional services and/or preparations, such as but not be limited to, Technical, Accommodation, Hospitality, Travel, Security – and/or all services required to deliver a Main Service.
- Technical and Support services are the responsibility, care and for the account of the Client unless otherwise stipulated in writing.
- These items are part of the Clients contractual obligation.
- Services are not confirmed until the Client has met every contractual obligation in full and written confirmation of services is given to the Client from Gatsby Productions or its representative/s.
- The Client accepts that Gatsby Productions does not claim management or ownership of any Service Provider/s, nor is necessarily the owner of property and in most instances acts as a service broker or a booking intermediatory between Client and elected Supplier/s.
- The Client accepts that Main Services are paid prior service delivery date in full, therefore in the instance that a Client’s payment is late, resulting in a Supplier no longer being available or able to deliver or commit to a service / delivery date / time, service detail, at the time payment has cleared in Gatsby Productions account, Gatsby Productions will not be held responsible for service delivery failure as a result of a Clients late payment.
- In the instance that a Client requires any original documentation from Gatsby Productions, collection of such documents will be for the Client’s account
- Gatsby Productions will not complete any Client documentation such as, but not limited to, tenders or vendor applications, unless a Service Agreement and Quote has been accepted by the Client first.
- No Service can be advertised, publicised, filmed, photographed or sold / hired in any way, directly or indirectly, by the Client without Gatsby Productions written consent in writing. All marketing material must be approved by Gatsby Productions prior to usage. Gatsby productions reserves the right for Supplier or own Company Branding.
- Supplier and Client briefings, rehearsals or consultations are not automatically included in Service Agreement fees unless stipulated in writing and will be charged for separately.
- It is the Client’s responsibility, unless otherwise stipulated, to ensure there is Power, Water, reasonable Security measures for the utilization of Supplier/s as well as full force Public liability insurance. Gatsby Productions reserves the right to request at any time confirmation of arrangements and where applicable related certificates and confirmation documents.
- When applicable, VISA, entry conditions, medical needs, process, management and costs are for the Clients account.
- While Gatsby Productions will endeavour to deliver services within its mandate, Gatsby Productions will not be held liable for delivery failure as a result of acts outside of Gatsby Productions reasonable control, such as but not limited to death, theft, weather, traffic, flight or travel related issues or natural disasters.
- In the instance that there is a service delivery error / failure due to a Supplier/s direct doing, or negligence, other than acts of God, the Client will be entitled to a full refund or part thereof. All pertinent factors must be considered in order to determine the refund value and the Client must afford Gatsby Productions a reasonable period of time to investigate and follow all available avenues to legally claim funds from the relevant Supplier/s – failing which the Client must forfeit the support of Gatsby Productions and are entitled to make direct claims with the related Suppliers.
- The Client accepts that if they are subjected to privy information, such as but not limited contact information of Supplier/s, that the information may then not be used unless written approval is given by Gatsby Productions.
- If a Client elects (directly or indirectly) to book a Supplier/s for repeated service/s it must be done through Gatsby Productions, or Gatsby Productions reserves the right to charge the Client a fee of up to 20% of the total related as well as any additional admin and legal costs to recover related fees.
- Cheque and Credit card payments are not accepted unless prior written approval is offered by Gatsby Productions.
- EFT payments are accepted and must have the invoice BK number as a payment reference. Payment slips must be sent immediately via e-mail to ___________or fax:_________. Gatsby Productions does not accept remittance advice slips or purchase orders as proof of payment. Gatsby Productiond reserves the right to validate payments with financial institutions.
- The Client’s funds must clear Gatsby Production’s account before it can be credited to a Client’s Service Agreement. It is the Client’s responsibility to ensure their own payment systems can accommodate the accepted payment terms.
- Payments made out of South Africa will: 1) automatically be billed 5% extra to accommodate exchange rates / bank fees / extra admin, 2) be issued with a single and full invoice, 3) require immediate payment.
- All costs / fees related to this service agreement are detailed in South African Rands. (ZAR)
- If otherwise not stipulated in writing on the applicable invoice: the payment for Main Service is invoiced in two parts: 50% of the fee as a deposit. This fee is payable within 10 days from date of issued invoice. The remaining 50% fee is due no later than 31 working days prior service delivery date detailed under Step 1 of Service Agreement for Main Service (earliest date if multiple dates are used).
- Gatsby Productions reserves the right to issue 1 Invoice for the full Main Service fee if: A) Suppliers cancelation terms are 100% regardless of notice given, B) the service delivery date (earliest date if multiple dates are used) is less than 31 days from date of acceptance as detailed under step 3 of the Service Agreement, C) if a service is delivered outside of South Africa. In this instance, the full invoice must be paid immediately (cleared in Gatsby Production’s account within 48 hours from time of invoice being issued).
- Support services are billed for 100% in advance and the full invoice must be paid immediately. 100 % cancelation fee will apply.
- Gatsby Productions and elected Supplier/s will not be held responsible for delivery failure due to a Client’s non-disclosure or inaccurate service related information and/or poor, irregular or infrequent communication.
- Under no circumstances is the Client to have any direct communication with a Supplier/s unless written consent is offered by Gatsby Productions.
- A Client Breach can include a single or multiple service details changes not approved in writing by Gatsby Productions, not limited to those detailed within Step 1 of the Service Agreement, or failure to deliver any requirements, meet any terms or condition, deliberate / irresponsible or negligent actions /s, any late payment. No refunds will be considered in this instance/s and Gatsby Productions will be entitled to claim for full costs of the Service Agreement, as well as additional costs such as damages to property and/or attorney and own client costs, and/or costs relating to extra administration or consultation time.
Cancellation & Dispute:
- Gatsby Productions reserves the right to cancel services and refund a Client if a Supplier/s is not available or in the position to deliver services at the time applicable funds clear in Gatsby Production’s account on condition the Client is not in breach of any terms or conditions at the time Gatsby Productions issues a cancellation notice.
- A Client has the right to cancel services but will be charged a 100 % cancellation fee when the Client offers 32 working days cancellation notice or less from date of service delivery. (earliest date if multiple dates are used).
- A Client has the right to cancel services but will be charged a 50 % cancellation fee when a Client offers 33 working days cancellation notice or more from the date of service delivery. (earliest date if multiple dates are used).
- .Any claim or dispute arising out of or relating to this agreement or the breach thereof shall be, at the discretion of Gatsby Productions, settled informally in accordance with terms laid out by the Arbitration Association of South Africa, and in accordance with the Arbitration Act of South Africa. Should Gatsby Productions elect not to proceed in terms of arbitration as provided for herein then, for the purpose of resolving any dispute which may exist or occur between the parties hereto, the parties consent to the jurisdiction of the Magistrate’s Court. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said Court pursuant to the Magistrates’ Courts Act 32 of 1944, section 45 or any amendment thereof provided that Gatsby Productions shall have the right at its sole option and discretion to institute proceedings in any other competent court in respect of any claim which, but for the aforegoing,would exceed the jurisdiction of the Magistrate’s Court.
- 5.The Client and Gatsby Productions hereby elect as their chosen domicilium citandi et executandi for all purposes the addresses as recorded in any Tax Invoice, albeit first / deposit or final, issued pursuant to acceptance of this formal Quotation / Contract Service Agreement.