The following words shall have the following meanings in these Terms and Conditions: “Booking Form” means the form detailing the Experience which you have requested us to provide which shall include essential information such as the Hire Period and the Charges; “Charges” means the fees for the Experience which we have agreed to provide to you and which are detailed on the fee estimate and which shall include the Hire Charge, where relevant; “Client”, “you”, “your” and “yours” are references to you the entity identified on the Booking Form;
“Experience” means the photography related services, which may include a photo booth and other equipment, which we offer to clients and which are detailed on the Booking Form;
“Force Majeure” means any event which is beyond the reasonable control of Say Fromage which shall include, without limitation, acts of God, governmental actions, fire, death, illness or other capacity certified by a properly qualified medical practitioner, war or national emergency, acts of terrorism, protests, riot, civil commotion, explosion, extreme weather conditions, flood, epidemic, lock-outs, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials;
“Hire Charge” is a reference to the charge we make for the hire of an Experience to you and which is detailed in the Booking Form;
“Hire Period” is a reference to the period which you have agreed to hire the Experience and which is specified on the Booking Form;
“Service Agreement” is a reference to these Terms and Conditions, the Booking Form and payment instructions provided to you; and
“Say Fromage”, “us”, “we”, “our” means Say Fromage Limited of Studio J109-110, The Biscuit Factory, 100 Clements Road, London SE16 4DG;
“Terms and Conditions” mean the terms and conditions of hire as set out in this document, and “User” means a person who participates in an Experience.
2.1 When you book an Experience with us you do so in accordance with this Service Agreement. When you sign and return a Booking Form, you are confirming your acceptance of the Service Agreement, the Charges and any Hire Charge, and all other terms such as delivery, which are detailed on the Booking Form.
2.3 These Terms and Conditions will remain in place on the website and can be accessed by you at any time. The Terms and Conditions displayed on the website at the time you sign the Booking Form shall apply to your booking. We reserve the right to amend or update our Terms and Conditions at any time and any subsequent bookings made by you shall be governed by such terms. We reserve the right to alter our pricing on our literature and website at any time without prior warning but this will not affect bookings which have been confirmed by us.
3.1. Making a Booking
Once we receive your request for us to provide an Experience to you we will provide you with a written quote. If you are happy with the quote an invoice and Booking Form is produced. We will confirm acceptance of your booking once we receive the signed Booking Form along with required deposit as detailed below. All details stated on the Booking Form will be accepted by us as correct including spelling, punctuation, and grammar, unless you notify us otherwise in writing. Any costs that we incur as a result of relying on incorrect information supplied by you must be reimbursed by you.
3.2.1 1. In order to secure your booking a deposit of 50% of the Charges quoted to you at the time of placing your order (or such other amount as we may agree with you) must be paid. Once we receive the completed Booking Form and the deposit we will notify you if your order has been accepted for the dates specified on the Booking Form. If the dates are not available then we will notify you and offer you a suitable alternative date wherever possible. Where this is not possible a full refund of the deposit shall be made. An Experience will not be delivered on the requested date or time if the agreed deposit has not been paid.
3.2.2. The balance of the Charges shall be invoiced and must be paid in full prior to the Experience unless otherwise agreed in writing by us. Any extra costs or services that have been added outside of the original signed quote and between payment of the deposit and the event will be added to the balance. We reserve right not to provide the Experience where payment has not been received prior to the date that Experience is due to be installed unless otherwise agreed in writing by us. In such circumstances, we shall be entitled to retain any deposit you may have paid.
3.2.3. Failure to pay any invoice on time will result in late payment charges equivalent to interest on the late payment which shall be calculated on a daily basis at a rate of 5% over our bank’s lending rate from the date the payment was originally due until the date of actual payment.
3.2.4. We may also instruct a debt collection agency or solicitor to collect payment (including any interest and/or late payment charges) on our behalf. In such circumstances, you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may incur to pay the debt collection agency or solicitor, who will add the sum to your outstanding debt on our behalf.
3.2.5. You are not entitled to a refund of any part of the Hire Charge where the Hire Period has ended early due to any equipment supplied being damaged, lost or stolen during the Hire Period or any breach by you of the Service Agreement.
3.3.1. In the event that you decide to cancel your booking you must notify us immediately in writing. A cancellation fee will be payable calculated based on the period of notice you have given us:
3.3.2. The applicable cancellation fee plus any costs (such as pre-agreed travel costs, development, and productions costs) incurred up to the date of cancellation will be deducted from the deposit paid and the balance shall be refunded to you within 30 days of receipt of your cancellation notice. Where no deposit has been paid then any production costs incurred up to the date of cancellation plus the applicable cancellation fee shall be invoiced to you and shall be payable by you within 30 days of the date of the invoice.
3.3.3. At your option and provided you give us more than 30 days’ notice of cancellation you may cancel the booking and request that the deposit is transferred to an alternative booking. In such cases, the cancellation fee shall be reduced to £50.
3.4. Graphics & Art Work
3.4.1. Templates will be provided by us should you want the Experience to be customised with graphics. Artwork should be provided by you in a print ready format as specified in the templates. Say Fromage cannot be held responsible for any shortcoming or mistakes in the artwork that you supply. Say Fromage do not provide an art working service nor do Say Fromage accept any responsibility for editing or proofing of artwork provided. Say Fromage only act as an intermediary between you and our printers. Artwork must be supplied by the given deadline and no later. Artwork submitted after a deadline may be subject to extra charges to ensure production in time for your event. Production of artwork submitted after the given deadline cannot be guaranteed and Say Fromage cannot accept responsibility in such circumstances. Say Fromage does not accept responsibility for charges incurred and or of production due to artwork submitted post given the deadline date or time. If you require a proof before printing this must be requested by email before printing.
4.1. Experiences hired from us are not intended for your commercial use (apart from promotions) and must only be used in accordance with the Service Agreement.
4.2. The Hire Period for the Experience is for the period specified on the Booking Form. The Service Agreement is not covered by the Consumer Credit Act, 1974 as the Hire Period is less than 3 months.
4.3. The Hire Period shall commence and end on the dates specified on the Booking Form. No extension to the Hire Period is permitted without our express written consent and receipt by us of the appropriate Hire Charge. We shall try to accommodate any changes to the Hire Period but this may not be possible in all cases.
4.4. If we are unable to install the Experience on time due to access restrictions the Hire Period will remain unchanged. If your event simply starts late or runs late, the Hire Period will remain unchanged unless we agree to provide additional hours or to simply delay our planned start.
5.1. Say Fromage must be permitted the required period of time to set up and test the Experience is installed correctly. The time required will vary depending on the Experience and we will notify you of this at the time of booking. If you require the Experience to be set up in a shorter period then we cannot be held responsible if it is not setup correctly or ready on time. It is up to you to ensure that all appropriate consents and approvals have been obtained to ensure that Say Fromage are permitted access to install the Experience at the requested location. Say Fromage cannot be held responsible if for any of the above reasons we cannot deliver the Experience on time for your event.
5.2. You must ensure that the space provided for the Experience is suitable, of the size notified to you by us and that an adequate power supply is provided.
5.3. All technical issues or other problems concerning the Experience which cannot be resolved by the Client must be reported to Say Fromage as soon as possible in order to provide us with an opportunity to remedy the problem. A 24/7 telephone helpline is available for this purpose. We cannot be held responsible for any loss of use of an Experience where you have failed to report a technical issue to us as soon as you became aware of the issue.
5.4. Some features require an internet connection which it shall be your responsibility to provide. A minimum upload speed of 5Mbps is required. Where we supply a 3G/4G connection the speed of the connection will be dependent upon the ultimate service provider and we cannot be held liable for any delays in connection or connection failures as a result of using a 3G/4G connection.
5.5. Where you have elected to transport the Experience, you will be responsible for any damage to the Experience or related equipment howsoever caused including any damage caused by third parties and you agree to indemnify us against loss, damage, cost or expense that we may incur as a result.
5.6. We cannot be held responsible (nor do we guarantee or warrant) for the number of times the Experience, the social features or prints are used/made.
5.7. You should ensure that there is adequate space for the Experience to fit in the area designated for the Experience. It is your responsibility to ensure that at the time of delivery of the Experience adequate arrangements, including access, are in place for the safe delivery and installation of the Experience. We cannot be held liable for any delay with installation where this arises as a result of a failure to provide adequate access or arrangements for delivery and installation. You must make us aware of any issues with the site or the location which may hinder or affect our ability to deliver the Experience. Any failure to do so may result in increased costs and delays.
5.8. In some instances, it may be necessary for a lift to be provided for the installation of the Experience. In the event that a lift is not made available at the time of installation then we shall be entitled to charge you for the additional manpower involved with the installation.
5.9. Where an Experience is situated outdoors then it must be kept dry at all times and adequately protected from the elements.
5.10. Daylight or ambient light may affect the quality of images produced by our equipment. The Experience should be sited in a location where the light will not affect the Experience. Say Fromage cannot be held responsible for the quality of the images where the Experience is affected by light.
5.11. Should you decide to use a background or set sourced by you for use with the Experience then it is advisable to first check with our Project Manager that the background or set is suitable for use with the Experience.
5.12. If adhesive vinyl is applied to any of our equipment without prior knowledge and with it’s removal causes damage, you shall be liable for the repair of this damage.
5.13. Whilst we try to ensure that all the equipment provided is in the best possible condition when it is installed we cannot guarantee that it will be free from wear and tear, to include scratches, dents and marks. We suggest to obtain the best possible presentation of an experience you opt for a vinyl wrap where possible.
5.14. Whilst we will use our reasonable endeavors to ensure that the Client’s set up is undertaken without any errors or faults we cannot accept any liability for spelling or other typographical errors that may be made when doing so. It is the Client’s responsibility to test the Experience as part of the set-up process. Following the set-up of the Experience, you will be required to sign a form to confirm that the Experience has been installed.
6.1. Full ownership in all equipment supplied as part of the Experience (the “Equipment”) shall remain fully vested in us at all times. You have no right, title or interest in such Equipment other than that you are entitled to hire the Equipment for the Hire Period.
6.2. You are responsible for the Equipment from the time we deliver the Equipment until the time you return the Equipment to us. The full risk in the Equipment shall lie with you during this time.
6.3. You are not permitted to hire, sub-let, sell, lend, or part with possession of the Equipment at any time during the Hire Period.
6.4. You must maintain adequate insurance to cover the Equipment against fire, theft, loss or damage at all times during the Hire Period and you shall provide us with a copy of the applicable insurance certificate upon our request.
6.5. You hereby indemnify us against any losses, costs, damages or expenses that we may reasonably incur as a result of your breach of any of these Terms and Conditions and any loss or damage caused to the Equipment.
6.6. You will be charged for all replacement keys, locks or memory sticks which need to be replaced during or following your hire of the Equipment.
7.1. Say Fromage will not tolerate any abuse or threatening behavior to any of our staff or abuse of any equipment supplied as part of the Experience. If this occurs Say Fromage retain the right to terminate an Experience immediately. This applies equally to you and your guests. Say Fromage may terminate the hire in cases where our staff are of the reasonable view that the Equipment belonging to Say Fromage or the Experience itself is in danger of being damaged or has been damaged due to the actions or unruly behavior of the people using the Experience(s). Wherever possible and reasonable to do so we will speak with you or the venue first to try to resolve the matter before any termination is enacted. If we do terminate, for any reason, the full Hire Charge will remain due and we will not issue any refunds for any period of hire not provided.
Moreover, you will be fully responsible for any damages caused by you or your guests or other attendees at the event to the Experience and or Equipment howsoever caused, with the sole exclusion of damage caused by Say Fromage staff. You will be invoiced for the replacement of any damaged or broken parts including the cost of labour.
7.2. We also reserve the right to terminate the Service Agreement at any time if you are declared bankrupt, enter into any arrangement with your creditors, or being a company, go into liquidation or are wound-up, or being a partnership, is dissolved or if, in our reasonable opinion, one of the aforementioned events is likely to occur.
7.3. We shall also be entitled to terminate the hire immediately where we have reasonable grounds to believe that you have acted in material breach of this Service Agreement.
8.1 Data capture
8.1.1. An Experience may be set up to capture certain User data at the request of the Hirer. Should you request us to capture User personal data from an Experience then you are responsible to ensure that the consent of Users is obtained in accordance with the EU General Data Protection Regulation (“GDPR”) prior to the capture and processing of the User’s personal data. You must provide us with the relevant consent language which we will display on the Touch Screen and you shall indemnify us against any claims against us by Users concerning our use of the User data captured under this clause.
8.1.2. In order to deliver the Experience, it is necessary for us to collect, process and store the photographs, images or artwork (“User Images”) which are created as part of an Experience. We request Users to consent to the collection, processing, and storage by us of User Images and such consent is obtained prior to the User starting the Experience in compliance with the GDPR. We also ask Users to consent to our using User Images for marketing and promotional purposes and to upload to a web gallery. Should a User refuse to provide consent then the User cannot participate with the Experience.
8.1.3. All User data captured either at the request of the Client or as part of our delivery of the Experience is stored by us on our secure servers which are located within the EU. The User data is held for no more than 12 months and then securely deleted in accordance with our internal policies.
Say Fromage uses its own Say Fromage Facebook application to upload photographs along with a message written by the user from the Experience to Facebook. For each Facebook upload, there will be a small reference to Say Fromage as this is the name of the application and it is the policy of Facebook to reference it. It cannot be removed. Say Fromage do not record or save any data of the Users of this application when Users log on to Facebook.
Say Fromage uses its own Say Fromage Twitter application to upload photographs along with a set message from the Experiences to Twitter. Say Fromage do not record or save any data of the Users of this application when Users log on to Twitter.
8.4 Email, Photo Gallery, and Printing:
Say Fromage uses applications which enable the user to email, share and print photographs which the user has created as part of the Experience. Apart from the email address to which an email was sent from the Experience, we do not copy or save any of the data created by a User when using such applications.
9.1. The copyright in all User Images created as part of an Experience is owned by Say Fromage and we license you to make copies of the User Images. You are not permitted to sell the User Images or otherwise obtain a license fee or other form of remuneration from a third party for such User Images.
9.2. We shall be entitled to use the User Images in order to promote Say Fromage and this may include both hard copy and online publications that we may deem.
10.1. We disclaim any and all liability to you for the supply of the Experience to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the Charges we have received from you in the 12 month period prior to the claim. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
10.2. We shall not be held liable for any failure or delay in providing the Experience where such failure arises as a result of a Force Majeure event. In such circumstances, our liability shall be limited to a pro rata refund of the deposit where a deposit has been paid by you.
10.3. We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of our providing the Experience.
10.4. We do not make any representation or guarantee that use of the Experience in any promotional context will generate revenue or customers for you or your business.
10.5. We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
10.6. Nothing in this Service Agreement shall limit either party’s liability for personal injury or death arising as a direct result of its negligence.
10.7. You hereby indemnify us against any loss, damage, cost or expense (including legal expenses) that we may incur as a result of any material breach by you of the Service Agreement.
10.8. Under no circumstances can we be held liable for any use by a third party of User Images.
Staff supplied by Say Fromage are for the sole purpose of providing technical support, hosting (which shall include managing the operation of the Experience and Users) and on-site picture editing assistance. As agreed with the Client prior to the start of the Hire Term, where staff are supplied by Say Fromage you must ensure that a minimum 30-minute break (taken at a mutually convenient point) is given to the operator for Hire Periods longer than 4 hours. Say Fromage staff should not be requested to undertake any additional function without first obtaining our consent.
In the instance where an Experience is requested without the use of a Say Fromage host Say Fromage will provide technical support by the following means:
12.1. A single training session will be undertaken with the Client. Any further training requests to Say Fromage will be subject to an additional fee. Say Fromage cannot be responsible for untrained personnel not understanding how to operate the Experience and manage trouble shooting.
12.2. Telephone support. Say Fromage will provide telephone support to you the Client in the instance of any technical difficulty which you are unable to resolve. Telephone support will be provided throughout the agreed Hire Period. It is your responsibility to call the support numbers provided and inform us of any issues and leave a message if not answered. If a message is not left we cannot guarantee that we will respond to the call.
12.3. Remote technical assistance. Say Fromage will provide remote technical assistance 24 hours 7 days per week.
12.4. Remote technical assistance is only possible where the Experience is provided with a reliable internet connection and where we can safely connect this to the Experience. It is your responsibility to ensure that the Equipment is properly maintained and used and that all technical issues which you are unable to resolve are reported to us promptly. In the event of technical problems which have not been notified to Say Fromage during the Hire Period or arising due to lack of due care and attention on your part, Say Fromage cannot accept responsibility and reimbursement of Charges will not be given to compensate for any loss of the Experience run time.
13.1. We may subcontract any part or parts of the services that we provide to you from time to time and we may assign or novate any part or parts of our rights under the Service Agreement without your consent or any requirement to notify you.
13.2. We may alter or vary the Terms and Conditions at any time without notice to you.
13.3. The Service Agreement constitutes the entire agreement between you and us. No other terms whether expressed or implied shall form part of this contract. In the event of any conflict between the Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
13.4. If any term or condition of the Service Agreement or these Terms and Conditions shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the terms shall continue in force without such term or condition.
13.5. This Service Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
13.6. No delay or failure on our part to enforce our rights or remedies under the Service Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
13.7. It is not intended that the undertakings and obligations of the parties set out in this Service Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
13.8. Please ensure that your email security settings are set so as to receive emails from us. This is to avoid our emails being filed in a spam or junk folder. We cannot be held liable for any losses, costs, expenses or damages that you may incur as a result of an email sent by us not being received by you.
Say Fromage Ltd/ Terms and Conditions/September 2017