STANDARD TERMS & CONDITIONS OF BUSINESS
These Terms of Business set out the terms on which with Ultimate Artists Ltd (“UA”) do business with you and are effective from 25 August 2017. These terms and conditions are subject to change from time to time without notice and in our sole discretion. We will notify You of amendments to these terms and conditions by posting them to this website.
The UA Programme (“the Event”)
The Event means the event(s), webinars and workshops that you have signed up for with Ultimate Artist Ltd and associated partners.
UA reserves the right to refuse You entry to and/or eject You from the Event. In particular but without limitation You may be refused admission to or removed from the Event for any of the following reasons: for health and safety or licensing reasons; if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Event; if You use threatening, abusive or insulting words or mannerisms; if, in the Promoter’s reasonable opinion, You are acting under the influence of alcohol or drugs; if You breach these Terms; and/or if Your Ticket is void.
If before or during the Event You have a complaint in relation to the Event (including without limitation in relation to Your ability to view the Event), please contact Sheena Ladwa or a member of the UA team promptly since complaints are very difficult to deal with after the Event.
By attending the Event, You give Your express consent to Your actual or simulated likeness being included within any film, photograph, audio and/or audiovisual recording to be exploited in any and all media for any purpose at any time throughout the world, the copyright to which shall be owned by the Promoter or its contractors without payment or compensation.
All guests are asked to observe and comply with safety advice, site signage and ‘No Smoking’ areas where relevant. Normal statutory rules and regulations apply and should be observed at the Event and failure to do so may result in ejection from the Event.
You shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.
Specific Requirements for Access
UA takes the needs of customers who are disabled or who have other access requirements very seriously and actively encourages people of all abilities to attend the Event.
If You have access requirements for an Event please notify UA. The Accessibility Policies are incorporated into and form a part of these Terms and Conditions.
If You have not notified UA of Your access requirements in advance we cannot guarantee that we will be able to cater to Your needs, though we will use reasonable endeavours to do so.
Communication between us is confidential and we shall take all reasonable steps to keep confidential your information except where we are required to disclose it by law, by regulatory bodies, by our insurers or as part of an external peer review. Unless we are authorised by you to disclose information on your behalf this undertaking will apply during and after this engagement.
We may, on occasions, subcontract work on your affairs to other tax or accounting professionals. The subcontractors will be bound by our client confidentiality terms.
We reserve the right, for promotional activity, training or for other business purpose, to mention that you are a client. As stated above we will not disclose any confidential information.
You agree that it will be sufficient compliance with our duty of confidence for us to take such steps as we in good faith think fit to preserve confidential information both during and after the termination of this engagement.
As part of our ongoing commitment to providing a quality service, our files are periodically subject to an independent quality control review. Our reviewers are highly experienced and professional people and, of course, are bound by the same requirements for confidentiality as our principals and staff.
Data Protection Act 1998
To enable us to discharge our services, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance, we may obtain, use, process and disclose data about its officers and employees. You may have a right of access, under the database protection legislation, to the personal data that we hold about the company, its officers and employees. For the Data Protection Act 1998, the Data Controller in relation to personal data supplied about you is Sheena Ladwa.
Agreements (Rights of Third Parties)
A person who is not party to this Agreement shall have no rights under the Agreements
(Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This clause does not affect any right or remedy of any person, which exists or is available otherwise than pursuant to that Act.
The advice, which we give you, is for your sole use and does not constitute advice to any third party to whom you may communicate it to unless we have expressly agreed in the letter of engagement that a specified third party may rely on our work. We accept no responsibility to third parties, including any group company to whom the letter of engagement is not addressed for any aspect of our professional services or work that is made available to them.
UA represents and warrants that it will perform the Services with reasonable care and skill; and the Services and the Materials provided by Ultimate Artists Ltd will not infringe or violate any intellectual property rights or other right of any third party.
Limitation of Liability
We will provide our services with reasonable care and skill. Our liability to you is limited to losses, damages, costs and expenses caused by our negligence or wilful default.
You agree to hold harmless and indemnify us, our principals, subcontractors and staff, to the fullest extent permitted by law, for any loss suffered by you arising from any misrepresentation (intentional or unintentional) supplied to us orally or in writing in connection with this agreement. You have agreed that you will not bring any claim in connection with services we provide to you against any of our principals or staff personally.
We will not be liable to you for any delay or failure to perform our obligations under this engagement letter if the delay or failure is caused by circumstances outside our reasonable control.
We will not be responsible or liable for any loss, damage or expense incurred or sustained if information material to the service we are providing is withheld or concealed from us or misrepresented to us. This applies equally to fraudulent acts, misrepresentation or wilful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers.
This exclusion shall not apply where such misrepresentation, withholding or concealment is or should (in carrying out the procedures which we have agreed to perform with reasonable care and skill) have been evident to us without further enquiry.
You agree to indemnify us and our agents in respect of any claim (including any claim for negligence) arising out of any unauthorised disclosure by you or by any person for whom you are responsible of our advice and opinions, whether in writing or otherwise. This indemnity will extend to the cost of defending any such claim, including payment at our usual rates for the time that we spend in defending it.
Our services and our standard terms and conditions of business are governed by, and should be construed in accordance with English law. Each party agrees that the courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement letter and any matter arising from it. Each party irrevocably waives any right to object to any action being brought in those Courts, to claim that the action has been brought in an inappropriate forum, or to claim that those Courts do not have jurisdiction.
Prices and Com Our prices are based upon the degree of responsibility and skill involved, the importance and value of the advice that we provide, as well as the level of risk, and the time necessarily occupied on the work.
Prices and Commissions
It is a requirement for all our clients to pay by monthly direct debit or via credit or debit card and to periodically adjust the monthly payment by reference to actual billings. We reserve the right to charge interest on late paid invoices at the rate of 5% above bank base rates under the Late Payment of Commercial Debts (Interest) Act 1998.
We also reserve the right to suspend our services or to deny entry to the Event if payment of any price is unduly delayed. We intend to exercise these rights only where it is fair and reasonable to do so.
If you do not accept that an invoiced price is fair and reasonable you must notify us within 21 days of receipt, failing which you will be deemed to have accepted that payment is due. Should a query be raised after 21 days we reserve the right to charge an administration price of £100 for dealing with your request; this will be due in advance. Should our findings agree with your query the administration price will be reimbursed.
In some circumstances, commissions or other benefits may become payable to us in respect of transactions which we arrange for you. Where this happens, we will notify you in writing of the amount and terms of payment and receipt of any such commissions or benefits.
Payments will be debited from your account on the 1st of each month. Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity.
Termination of the Agreement
Either Party may terminate this Agreement upon notice in writing if the other party is in breach of any material obligation contained in this Agreement.
Any termination (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
You have the right to cancel your registration to UA at any time, however the initial deposit paid is non refundable. You will be entitled to pay the full UA price as agreed from the outset on cancellation, in so far as your entitlement to the following discounts if you cancel within:
6 months of the UA Programme Start date – 50% discount
3 months of the UA Programme Start date – 25% discount
1 month before the UA Programme Start date – 0% discount
If UA cancels the event for any reason, then you will be entitled to a full refund.
The Best Service
We wish to provide a high-quality service which is both efficient and effective always. If at any time, you would like to discuss with us how our service to you could be improved or if you are concerned with the service that you are receiving, please let us know by telephoning Sheena Ladwa.
Intellectual Property Rights
We will retain all copyright in any document prepared by us during the Event save where the law specifically provides otherwise.