Customer Terms and Conditions
1. Definitions:
The following words shall have the following meanings in these Terms and Conditions:
“Booking Form” means the form you are detailing the Photo Booth you wish to hire and the Hire Period and shall be included on the Booking Form.
“Quote” means the quotation document for Corporate and Private events issued to the Hirer which details the Photo Booth to be hired and the Hire Period.
“Force Majeure” means any event which is beyond the reasonable control of Swit Swoo 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 Agreement” is a reference to these Terms and Conditions, any Booking Form and payment instructions provided to you.
“Hire Charge” is a reference to the charge we make for the hire of the Photo Booth to you and which is detailed in any quote we may provide to you.
“Hirer”, “you”, “your”, “yours” , “The customer” are references to you the person hiring the Photo Booth from us.
“Hire Period” is a reference to the period which you have agreed to hire the Photo Booth and which is specified on theBooking Form or a Quote.
“Booking Form” means the form for Private events sent via email and or any signed and printed version of this form which is completed by you detailing the photo booth you hire and the Hire Period.
“Photo Booth” means the photo booth which we have agreed to hire to you in accordance with these Terms and Conditions.
“Private” means all bookings for private events such as weddings, birthdays and other events of a celebratory nature. “Corporate” means all bookings for corporate events such as office parties, large corporate functions.
“Terms and Conditions” means the terms and conditions of hire of the Photo Booth as set out in this document.
“Swit Swoo”, “we”, “our”, “us” , “provider” means Swit Swoo.
2. Agreement to Terms and Conditions
2.1 When hiring a Photo Booth from us you do so in accordance with this Hire Agreement. You are deemed to have accepted the Hire Charge for the hire of the Photo Booth, and other terms such as delivery, which have been quoted to you at the time of placing your order.
2.2 Any contract for the hire of the Photo Booth is between you and Swit Swoo.
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 of booking your event 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. Bookings
3.1 Your booking is not confirmed until you receive a booking confirmation letter or email from us.
3.2 By placing and order with us either verbally or via email regardless of whether a booking form has been returned or deposit paid, it is deemed that the customer has read, understood, and fully agreed to and is bound by all our terms and conditions of hire.
3.3 This written contract sets out the full intentions of the parties and supercedes any previous written agreement or oral agreements made between the parties.
4. Service Period
We agree to provide a Photo Booth operational and available for use for a minimum of 80% of the agreed service period, to permit maintenance of the Photo Booth should any be necessary (eg re-stocking photo paper)
5. Payment
5.1 In order to secure your booking a non-refundable booking fee of £150 will be required to secure the date. Larger scale events or corporate events may require a larger booking fee. The remaining balance is due 30 days prior to your event. You will be prompted via email to pay the balance by the due date. Failure to pay the balance by the due date will result in the cancellation of your order. If we have to use the equipment for a time period in excess of the hire period agreed, the additional times will be billed to the customer at the following rates £95 p/hour before midnight and £150 p/hour after midnight. Idle hours are £25 p/hour. Payment for any additional time must be paid before any additional hours are provided.>Run Time exceeding 5 hours will be individually priced. If a booking is made within the 30 day period prior to the event, full payment must be made to secure the date.
6. Date Changes and Cancellation
6.1 In the event that you decide to cancel your booking you must notify us immediately in writing at least 30 days prior to the original event date and the booking fee of £150 will be forfeited.
6.2 Any request to alter the agreed date of the rental of the Photo Booth must be made in writing and at least 30 days prior to the customer’s event, and is subject to Photo Booth availability and receipt of a new booking agreement.
6.3 If there is no availability for the alternate date, the booking fee shall be forfeited and the event cancelled. If the Customer cancels an agreed rental of the Photo Booth within thirty days before the rental date, the full amount will be forfeited.
6.4 If you wish to make a booking you must sign, date and return the Quote to us . All details stated on the Booking Form/invoice 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.
6.5 Failure to pay 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 2% over our bank’s lending rate from the date the payment was originally due until the date of actual payment.
6.6 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.
7. Loss or damage to Provider’s Equipment
7.1 Swit Swoo will not tolerate any abuse or threatening behaviour to any of our staff or abuse of the Photo Booth or equipment. If this occurs Swit Swoo retain the right to terminate the hire immediately. This applies equally to you and your guests. Swit Swoo may terminate the hire in cases where our staff are of the reasonable view that the equipment belonging to Swit Swoo or the Photo Booth itself is in danger of being damaged or has been damaged due to the actions or unruly behaviour of the people using the Photo Booth(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.
7.2 Moreover, you will be fully responsible for any damages caused by you or your guests or other attendees at the event to the Photo Booth and or equipment howsoever caused, with the sole exclusion of damage caused by Swit Swoo staff. You will be invoiced for the replacement of any damaged or broken parts including the cost of labour.
7.3 The Customer assumes complete responsibility for any loss of or damage to Our Equipment caused by any misuse of the Equipment by the customer, their employees or their guests.You are not entitled to a refund of any part of the Hire Charge where the Hire Period has ended early due to the Photo Booth and Equipment being damaged, lost or stolen during the Hire Period or any breach by you of these Terms and Conditions.
7.4 The Customer shall be responsible for any loss of or damage to Our equipment caused by Theft, Fire, Flood or Accidental Damage.
7.5 The Customer is responsible for ensuring that suitable security and crowd measures are in place prior to the start of the event.
7.6 Swit Swoo accepts no responsibility for any damage and or loss of personal property, and or any injury arising from the use of the Hired Equipment and Photo Booth.
8. Graphics & Art Work
8.1 Photo templates will be provided by us should you want the photographs to be customised with graphics. Artwork/ logos should be provided by you in a print ready format as specified by us. Swit Swoo cannot be held responsible for any shortcoming or mistakes in the artwork that you supply. Swit Swoo do not provide an artworking service nor do Swit Swoo accept any responsibility for editing or proofing of artwork provided. Swit Swoo only act as an intermediary between you the client 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 Swit Swoo cannot accept responsibility in such circumstances. Swit Swoo does not accept responsibility for charges incurred and or of production due to artwork submitted post given deadline date or time. If you require a proof before printing this must be requested by email before printing.
9. Site location and facilities
9.1 Swit Swoo requires a minimum of one hour to set up and test the Photo Booth correctly. If you require the Photo Booth to be set up in a shorter period than we cannot be held responsible if it is not setup correctly or ready on time. Hired equipment will be set up in one location only as agreed on arrival, and will not be moved once set up.
9.2 It is up to you to ensure that all appropriate consents and approvals have been obtained to ensure that Swit Swoo are permitted access to install the Photo Booth at the requested location. Swit Swoo cannot be held responsible if for any of the above reasons we cannot deliver the Photo Booth on time for your event.
9.3 You must ensure that the space provided for the Photo Booth is suitable (at least 2m width x 3m length, 2.2m height) More space will be required if a backdrop is requested, and that an adequate power supply is provided.
9.4 Some features require an internet connection which it shall be your responsibility to provide. A minimum upload speed of 1Mbps is required. If the internet connection provided does not supply the minimum speed it is possible that some of the features will not work. We cannot be held responsible for this. Where we supply a 3G /4G connection the speed of 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.
9.5 If the event is not on the ground floor, we will require lift access. It is your responsibility to check with the venue that the appropriate access is provided. If there are long distances from the unloading area to the venue or any complications that we have not been informed of beforehand, and causes our delay in set up time, this will come out of the run time.
10. Termination of Hire
10.1 We also reserve the right to terminate the Hire 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.
10.2 We shall also be entitled to terminate the hire immediately where we have reasonable grounds to believe that you have acted in breach of this Hire Agreement.
11. Photograph Usage and Ownership
11.1 Unless otherwise notified and agreed with you, you agree that Swit Swoo may use any of the photographs from your event for suitable means. This includes but is not limited to advertising and promotional material either in print or on the internet. Attending your event would mean you agree to our photographic and ownership terms and permission has been granted to do so by yourselves and your guests.
11.2 Photos taken in the Photo Booth during the event may be used by us to assist with promotion of Swit Swoo . This may include printed matter as well as online images.
11.4 If you choose to have the Facebook or Twitter upload option you take responsibility for permitting all users to upload any picture to their own Facebook or Twitter page. Swit Swoo cannot be held responsible for the content of these pictures.
11.5 The 1988 Copyright and Patents Act – section 77 & 80 assigns copyright of photographical/digital images and photo template designs to Swit Swoo. It is contrary to the act to copy or allow to be copied photographs captured by Swit Swoo by any means. All digital files and photo template designs remain the property of Swit Swoo unless copyright has been purchased by the client for personal use only.
12. Limitation of Liability
12.1 We disclaim any and all liability to you for the supply of the Photo Booth to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the Hire Charge you have paid. 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.
12.2 In the unlikely event that we are unable to provide a service on the day of the event, except in a Force Majeure situation, our maximum liability would be the return of all payments received by you.We would not be responsible for any consequential damages or lost opportunities upon breach of this agreement. We would always endeavour to do our level best to provide an alternative booth supplier for you event where possible if we were unable to attend that event.
12.3 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 the hire of the Photo Booth. We do not make any representation or guarantee that use of the Photo Booth in any promotional context will generate revenue or customers for you or your business.
12.4 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
13. General
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 these Terms and Conditions 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 Hire 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 Hire Agreement and any other term or provision, this Hire Agreement shall prevail.
13.4 If any term or condition of the Hire 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 Hire 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 Hire 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 Hire 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.
