TERMS AND CONDITIONS
Application and entire agreement
- These Terms and Conditions apply to the provision of the services detailed in our quotation
(Services) by OLLYWOOD LTD of Unit 7/8 Stadium Close, Cardiff, CF11 8TS (we or us) to the
person buying the services (you). - You are deemed to have accepted these Terms and Conditions when you accept our quotation or
from the date of any performance of the Services (whichever happens earlier) and these Terms
and Conditions and our quotation (the Contract) are the entire agreement between us. - You acknowledge that you have not relied on any statement, promise or representation made or
given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other
terms that you try to impose or incorporate, or which are implied by trade, custom, practice or
course of dealing.
Interpretation - A “business day” means any day other than a Saturday, Sunday or bank holiday in England and
Wales. - The headings in these Terms and Conditions are for convenience only and do not affect their
interpretation. - Words imparting the singular number shall include the plural and vice-versa.
Services - We warrant that we will use reasonable care and skill in our performance of the Services which will
comply with the quotation, including any specification in all material respects. We can make any
changes to the Services which are necessary to comply with any applicable law or safety
requirement, and we will notify you if this is necessary. - We will use our reasonable endeavours to complete the performance of the Services within the
time agreed or as set out in the quotation; however, time shall not be of the essence in the
performance of our obligations. - All of these Terms and Conditions apply to the supply of any goods as well as Services unless we
specify otherwise.
Your obligations - You must obtain any permissions, consents, licences or otherwise that we need and must give us
with access to any and all relevant information, materials, properties and any other matters which
we need to provide the Services. - If you do not comply with clause 10, we can terminate the Services.
- We are not liable for any delay or failure to provide the Services if this is caused by your failure to
comply with the provisions of this section (Your obligations).
Fees and Deposit - The fees (Fees) for the Services are set out in the quotation and are on a time and materials
basis. - In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but
not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the
cost of services provided by third parties and required by us for the performance of the Services,
and c) the cost of any materials required for the provision of the Services. - You must pay us for any additional services provided by us that are not specified in the quotation
in accordance with our then current, applicable hourly rate in effect at the time of performance or
such other rate as may be agreed between us. The provisions of clause 14 also apply to these
additional services. - The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or
charged by any competent authority. - You must pay a deposit (“Deposit”) as detailed in the quotation at the time of accepting the
quotation. - If you do not pay the Deposit to us according to the clause above, we can either withhold
provision of the Services until the Deposit is received or can terminate under the clause below
(Termination). - The Deposit is non-refundable unless we fail to provide the Services and are at fault for such
failure (where the failure is not our fault, no refund will be made).
Cancellation and amendment - We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the
Services have not started, within 1 day from the date of the quotation, (unless the quotation has
been withdrawn). - Either we or you can cancel an order for any reason before your acceptance (or rejection) of the
quotation. - If a quotation or estimate is approved the following cancellation terms come into effect
immediately.
22a – Cancellation up to 7 days before services or events start date – No Cancellation Fee.
22b – Cancellation within 72 hours before services or events are due to begin – 30% of
quotation/estimate plus additional non-refundable purchases made by OLLYWOOD™
(Accommodation, Van Hire etc) will be chargeable on receipt of cancellation. This balance then
becomes payable to accounts immediately.
22c – Cancellation within 24 hours of services or event start date – 100% of estimate/quotation will
be chargeable on receipt of cancellation. This balance then becomes payable to accounts
immediately. - If you want to amend any details of the Services you must tell us in writing as soon as possible.
We will use reasonable endeavours to make any required changes and additional costs will be
included in the Fees and invoiced to you. - If, due to circumstances beyond our control, including those set out in the clause below
(Circumstances beyond a party’s control), we have to make any changes in the Services or
how they are provided, we will notify you immediately. We will use reasonable endeavours to keep
any such changes to a minimum.
Payment - We will invoice you for payment of the Fees either:
a. when we have completed the Services; or
b. on the invoice dates set out in the quotation. - You must pay the Fees due within 7 days of the date of our invoice or otherwise by any credit
terms agreed between us. - Time for payment shall be of the essence of the Contract.
- Without limiting any other right or remedy we have for statutory interest, if you do not pay within
the period set out above, we will charge you interest at the rate of 5% per month above the base
lending rate of the Bank of England on the amount outstanding until payment is received in full. - All payments due under these Terms and Conditions must be made in full without any deduction
or withholding except as required by law and neither of us can assert any credit, set-off or
counterclaim against the other to justify withholding payment of any such amount in whole or in
part. - If you do not pay within the period set out above, we can suspend any further provision of the
Services and cancel any future services which have been ordered by, or otherwise arranged with,
you. - Receipts for payment will be issued by us only at your request.
- All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-Contracting and assignment - We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or
any of our rights under these Terms and Conditions and can subcontract or delegate in any
manner any or all of our obligations to any third party. - You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in
any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination - We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b. fail to make pay any amount due under the Contract on the due date for payment; or
c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order
or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or
arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver,
manager, administrator or administrative receiver appointed in respect of your assets or undertakings
or any part of them, any documents are filed with the court for the appointment of an administrator in
respect of you, notice of intention to appoint an administrator is given by you or any of your directors
or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act
1986), a resolution is passed or petition presented to any court for your winding up or for the granting
of an administration order in respect of you, or any proceedings are commenced relating to your
insolvency or possible insolvency.
Intellectual property - We reserve all copyright and any other intellectual property rights which may subsist in any goods
supplied in connection with the provision of the Services. We reserve the right to take any
appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and Indemnity - Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or
misrepresentation or otherwise, shall be limited as set out in this clause. - The total amount of our liability is limited to the total amount of Fees payable by you under the
Contract. - We are not liable (whether caused by our employees, agents or otherwise) in connection with our
provision of the Services or the performance of any of our other obligations under these Terms and
Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or
goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our
reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach about your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your
requirements or your use of the Services or any goods supplied in connection with the Services. - You must indemnify us against all damages, costs, claims and expenses suffered by us arising
from any loss or damage to any equipment (including that belonging to third parties) caused by
you or your agents or employees. - Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal
injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters
for which it would be unlawful to exclude or limit liability.
Data Protection - When supplying the Services to the Customer, the Service Provider may gain access to and/or
acquire the ability to transfer, store or process personal data of employees of the Customer. - The parties agree that where such processing of personal data takes place, the Customer shall
be the ‘data controller’ and the Service Provider shall be the ‘data processor’ as defined in the
General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted
from time to time. - For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and
‘Data Subject’ shall have the same meaning as in the GDPR. - The Service Provider shall only Process Personal Data to the extent reasonably required to
enable it to supply the Services as mentioned in these terms and conditions or as requested by
and agreed with the Customer, shall not retain any Personal Data longer than necessary for the
Processing and refrain from Processing any Personal Data for its own or for any third party’s
purposes. - The Service Provider shall not disclose Personal Data to any third parties other than employees,
directors, agents, sub-contractors or advisors on a strict ‘need-to-know’ basis and only under the
same (or more extensive) conditions as set out in these terms and conditions or to the extent
required by applicable legislation and/or regulations. - The Service Provider shall implement and maintain technical and organisational security
measures as are required to protect Personal Data Processed by the Service Provider on behalf of
the Customer. - Further information about the Service Provider’s approach to data protection are specified in its
Data Protection Policy, which can be found on our website. For any enquiries or complaints
regarding data privacy, you can contact our Data Protection Officer at the following e-mail address:
oliver@ollywoodservices.co.uk
Circumstances beyond a party’s control - Neither of us is liable for any failure or delay in performing our obligations where such failure or
delay results from any cause that is beyond the reasonable control of that party. Such causes
include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil
unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any
other event that is beyond the control of the party in question. If the delay continues for a period of
90 days, either of us may terminate or cancel the Services to be carried out under these Terms
and Conditions.
Communications - All notices under these Terms and Conditions must be in writing and signed by, or on behalf of,
the party giving notice (or a duly authorised officer of that party). - Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the
normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is
generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail. - All notices under these Terms and Conditions must be addressed to the most recent address,
email address or fax number notified to the other party.
No waiver - No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of
that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance - If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise
unenforceable, that / those provisions will be deemed severed from the remainder of these Terms
and Conditions (which will remain valid and enforceable).
Law and jurisdiction - This Agreement shall be governed by and interpreted according to the law of England and Wales
and all disputes arising under the Agreement (including non-contractual disputes or claims) shall
be subject to the exclusive jurisdiction of the English and Welsh courts.
By agreeing to the Quote attached you are also agreeing to our terms and conditions above.
Oliver Williams – Managing Director, signed for and behalf of
OLLYWOOD™ LTD
06.02.2024