Refund policy
WHEREAS the Service Provider is in the business of providing the Services (as herein defined) for weddings and other specialized events (each an “Event”);
AND WHEREAS the Client wishes to retain the Service Provider to provide the Services, and the Service Provider wishes to provide such Services pursuant to the terms and conditions contained in this Service & Rental Agreement (the “Agreement”);
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. Services. The Service Provider shall provide the following services for the Client (collectively the “Services”):
(a)the Service Provider will provide the Client with one (or more) of the Service Provider’s phones and related equipment (the “Equipment”) for the Event;
(b) the Service Provider will edit the recorded audio from the Event and provide the Client with an audio file comprising of all the usable recorded audio from each phone; and
(c) such other services necessarily ancillary to subsections (a) and (b) above.
2. Rental and Return of Phones. The rental term for the Equipment shall commence on the Rental Start Date, as set out above, and shall end on the Rental Return Date, as set out above (the “Rental Term”).
3. Delivery/Pick-up of Equipment. The Client shall choose one (1) of the following two (2) options to receive the Equipment. The options are as follows:
(a) Delivery Option – For the delivery option, the Equipment will be delivered/couriered (package tracking included) to the Client’s home address or delivery address, as the Client may direct, in a box with a return label enclosed therein (the “Delivery Option”). The Service Provider will use commercially reasonable efforts to ensure that the Equipment will be delivered to the Client within 2 – 5 days prior to the Event Date. Notwithstanding, no representation, warranty or guarantee is made by the Service Provider that the Equipment will in fact be delivered on time. If the Delivery Option is selected, the Client shall pay the respective applicable delivery fees (the “Delivery Fees”) in advance.
(b) Pickup Option – The Service Provider will advice the Client of a 48-72 hour window in which the Equipment will be made available for pickup by the Client (the “Pickup Option”). No extra fees are associated with the Pickup Option.
4. Return of Equipment. For the Delivery Option, the Equipment shall be returned by placing the return label on the package and delivering same to the Service Provider in the original packaging within 72h of the Event Date. For the Pickup Option, the Service Provider will provide the Client with a 48-72 hour window after the Event Date in which the Equipment may be returned personally. For all options, late returns of the Equipment shall be subject to late return fees set out in section 7 below. Equipment must be returned in original packaging, otherwise a $50.00 restocking fee will be deducted from the security deposit.
5. Service Fees. The Service Provider shall charge the Client, and the Client shall pay the Service Provider, $425.00 (exclusive H.S.T. and Delivery Fees) for the Services (the “Service Fee”). The Service Fee shall be paid in full and in advance by the Client on or prior to the Rental Start Date. The Client acknowledges that the Service Fee is based on the use of one (1) phone for the Event and that the use of more than one (1) phone shall cause the Service Fee to increase accordingly.
6. Ad-On Fees. The Service Provider may, from time to time, offer the Client additional ‘ad-on’ services that come with it additional fees for which the Service Provider will advice. Any ad-on services that are selected by the Client will come with ad-on fees (“Ad-On Fees”) that are in addition to the Service Fee.
7. Late Fees & Damage to Equipment. The Client shall be charged a late fee of $50.00/day for each day past the Rental Return Date that the Client takes to return the Equipment (the “Late Fee”). The Client agrees to reimburse the Service Provider for the full costs associated with repairing or replacing, as the case may be, any Equipment that is damaged during the Event and/or deliver back to the Service Provider, irrespective of whether the Client is directly at fault for such damage.
8. Acknowledgements by Client re Equipment and Services. The Client acknowledges and agrees to the following:
(a) Used Equipment. The Client acknowledges that the Equipment is used equipment and that, while the Service Provider shall use commercially reasonable efforts to ensure that the Equipment is in working order, no representation or warranty is made by the Service Provider that the Equipment will work properly, as desired, or at all. If the Client discovers that the Equipment is previously damaged or not working properly, the Client shall immediately notify the Service Provider, and in no event, later than 24 hours after the Event Date.
(b) Audio Quality. The Client acknowledges that the quality of the audio derived from the Equipment is highly dependent upon the environment of the Event and the general noise levels at the Event. The Service Provider makes no representation or warranty that the audio from the Equipment will be of good quality, generally audible, or usable at all. The Client is fully responsible for the proper set up using the instructions provided by the Provider and will not hold the Provider liable for any lost items or messages due to the improper use of the rental equipment.
(c) Scheduling Conflicts. The Client acknowledges that, while the Service Provider will use commercially reasonable efforts to ensure that the Equipment is made available by no later than the Event Date, the Service Provider cannot guarantee that the Equipment will be available on time in each and every case. The Client acknowledges that the Service Provider reserves the right to terminate this Agreement in accordance with the termination provisions contained herein and shall not be subject to any other liability or penalties in connection to this Agreement in the event the Equipment is not available by the Event Date.
(d) Responsibility for Equipment. The Client acknowledges that, notwithstanding there may be a number of people that use the Equipment throughout the course of the Event, the Client takes full responsibility for the Equipment during the Rental Term, including any loss, damage or destruction that may occur.
9. Indemnity. The Client agrees to indemnify, defend and hold harmless the Service Provider and its respective directors, officers, partners, employees, agents, successors and assigns (collectively, the “Indemnified Parties”) against any and all liabilities, damages, losses, fees and expenses, including reasonable attorney fees (collectively, “Losses”) incurred by or imposed upon the Indemnified Parties, or any one of them, in connection with any and all third-party claims, suits, actions, demands or judgements (“Claim”) arising out of or in connection with (a) the use of the Equipment or the Services provided by the Service Provider; (b) the Event; (c) the late return of the Equipment by the Client; (d) without limiting the generality of the foregoing, the breach of any term contained in this Agreement on the part of the Client; and (e) any negligence, willful misconduct or fraud on the part of the Client.
10. Limitation of Liability.
IN NO EVENT WILL THE SERVICE PROVIDER OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO THE CLIENT FOR ANY LOSSES, FEES, OR EXPENSES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, AGGRAVATED OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”), WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED TO (A) THIS AGREEMENT; (B) THE USE OF THE EQUIPMENT; OR (C) THE PROVISION OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF OR ARE CONNECTED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EQUITY OR ANY EQUITABLE CLAIM, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER OR NOT THE CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE SERVICE PROVIDER’S AGGREGATE LIABILITY FOR DAMAGES EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE SERVICE PROVIDER BY THE CLIENT PURSUANT TO THIS AGREEMENT.
11. Termination and Effect of Termination. The Service Provider may terminate this Agreement without penalty at any time prior to the Client taking possession of the Equipment by providing the Client with written notice of same. The Client may terminate this Agreement by providing the Service Provider with written notice prior to (i) in the event the Delivery Option is selected, when the Equipment is sent for delivery, or (ii) if the pickup option is selected, prior to the Equipment being picked up. Upon the valid termination of this Agreement, the Service Provider shall return to the Client any fees paid by the Client in advance exclusive of the deposit.
12. Relationship of the Parties. The Service Provider and the Client acknowledge and agree that they are independent contractors with respect to the subject matter of this Agreement and nothing contained herein will be deemed or construed in any manner whatsoever as creating any partnership, join venture, fiduciary, agency or other similar relationship between them.
13. Entire Agreement. This Agreement contains the entire understanding and agreement between the parties hereto with respect to the matters referred to herein, and supersedes any and all prior agreements, understandings, negotiations, or discussions, either oral or in writing, express or implied, between the parties to this Agreement.
14. Survival. Sections 4, 5, 6, 7, 8, 9, 10 and 12 shall survive the termination of this Agreement by either party or the expiry of the Rental Term.
15. Amendment and Waiver. No amendment to, or waiver of, any provision of this Agreement will be effective unless in writing and signed by both parties. Any delay or failure to enforce any provision of this Agreement will not constitute a waiver. The waiver by any party of any breach or default will not constitute a waiver of any different or subsequent breach or default.
16. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
17. Assignment. The Client may not assign, transfer, delegate, sell or otherwise dispose of this Agreement (or its rights or obligations hereunder), in whole or in part, including by operation of law, without the prior written consent of the Service Provider. This Agreement will be binding upon and will enure to the benefit of a party’s permitted successors and assigns. Any purported assignment, transfer, delegation, sale or other disposition in contravention of this Section 17, including by operation of law, is null and void.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not affect any other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
19. Counterparts; Signatures. This Agreement may be executed in multiple counterparts, all of which taken together will constitute a single instrument. Execution and delivery of this Agreement may be evidenced by delivery by facsimile or other electronic means.
20. Headings. The headings used in this Agreement are for convenience of reference only and will not affect in any way the meaning or interpretation of this Agreement. This Agreement will be interpreted equally as to both parties and not against the party that drafted it. Whenever the context requires, the gender of all words will include the masculine, feminine and neutral, and the number of all words will include the singular and plural.