Terms and Conditions
Audibly Visual Entertainment Ltd t/a Audibly Visual (“we", “our", “Audibly Visual" or “us" for the purpose of these terms and conditions) aim to provide a reliable, professional and friendly service to the client (“you", "your", or "the client" for the purpose of these terms and conditions). We offer a range of AV services to clients within the UK. To ensure the safety and protection of Audibly Visual staff, contractors, clients and third parties, it is a requirement that these terms and conditions are read and understood by you prior to any booking for services or goods being created with us. By contacting Audibly Visual, visiting our website, using our social media pages or by making a booking, you are agreeing to the terms and conditions set out below, as well as to our privacy policy. These are both available on the Audibly Visual website (www.audiblyvisual.com), and can also be requested by email (info@audiblyvisual.com). Both of these policies are subject to change and may be updated from time to time. These terms and conditions are governed by the relevant laws in England, United Kingdom.
General Terms For All Our Services & Goods
All pro-forma invoices, invoices and payment requests are due within 7 days of creation, unless explicitly stated otherwise on the individual document. Any late, refused or disputed payments will be recovered using paid services where required. Any services or agencies which are contracted, used or required to recover funds owed to Audibly Visual will be charged, on top of any outstanding balance, to the client in question. If you feel that you are unable to make a contracted payment, please contact us to see if we can help. Charges will always be agreed in advance where possible, using estimates and quotes. Quotes and estimates detail the services or goods which are included in the cost displayed, it is essential that you agree that all relevant services and goods are included here. Any changes or additions to the goods and services mentioned will be treated as new requests and may be chargeable. You should not assume that any services or goods will be included if they are not listed. All quotes and estimates are valid for a maximum of 30 days or until declared void by Audibly Visual, whichever is sooner. The person named on any quote or estimate is responsible for all fees and responsibilities associated with a booking, only the named person is permitted to accept or make changes to the quote, estimate or booking unless otherwise agreed in writing. Projects where estimates are provided may receive a final invoice higher or lower than the estimated cost. The final cost will reflect the actual work completed and materials used (this may be rounded up for partially used quantities of materials). Quotes will not go down in price, but may increase in exceptional circumstances or where the agreed scope of work increases / unexpected delays are encountered, quotes will only ever increase in price after discussion with you or with pre-agreement.. For both quotes and estimates, any partially used goods or services will be charged to the next available full unit or specified amount (eg: per pack of cable ties, per hour of labour, x100 clips) if your quote or estimate shows that you are being charged per quantity. As standard we will take away any excess stock to leave your site clean and clear, however if you are paying for a quantity where a portion is unused, we are happy to leave these with you as long as this is requested before Audibly Visual leave the premises. In situations where no quantity is specified, the estimated / quoted price covers the task and no excess will be left with you. We will always make our estimates as accurate as possible based on discussions, site visits or other relevant checks, however if the scope of work or materials increases because of unknown or unforeseen circumstances, the estimated price will increase to cover this. Under no circumstances will the termination of any service by us, at any length of notice, make Audibly Visual liable for any more than the fees pre-paid by a client. We will always make you aware of any issues as soon as possible and offer a refund for all elements of a service we were or will be unable to fulfil or replace with a reasonable alternative. None of our services cover venues where sound limiting devices are fitted, where they restrict or cut power. You are solely responsible for damage caused to equipment by these devices. We will always try to stick to any sound restrictions we are made aware of and work with the venue to follow health and safety guidance. For any and all services provided by us on a subcontracting basis, all relevant insurances, permissions and materials are the responsibility of the individual or business for which we are working. In all other instances, clients are responsible for identifying, in writing, any specific insurance types or cover levels required by their business. Audibly Visual cannot accept liability for any situation which arises as a result of works being competed, however such situation comes about, above and beyond the initial project cost. Any part of these terms and conditions deemed to be unenforceable or inaccurate by a court of law shall not void or devalue any other aspect of these conditions. At our discretion, Audibly Visual may edit, add, or remove parts of this agreement. Changes will always be published to the website, it is your responsibility to ensure you are aware of and up to date with any changes which may affect you. These terms were published on 15th June 2024.
Website Usage
Prohibited Conduct
You are solely responsible for your conduct while on our site, and agree to abide by all laws, contracts, intellectual property and third-party rights. When submitting information to us via the website, you must provide your own information only, this information must be accurate to the best of your knowledge.
Termination
Audibly Visual reserves the right to terminate access to our site and block future use of our services if we deem these Terms of Use have been violated.
Website Content
We will always try to ensure that the information on this website is accurate, up to date and safe. We cannot, however, be held liable for any errors or the impact they may have on you or your business. You should ensure you have sufficient malware protection and safeguards in place, as with any online service.
The Audibly Visual logo, images in use on the website and content provided cannot be copied, used or modified in any way without the express written consent of Audibly Visual and in some instances the third party content owner. You can make requests to use content by contacting info@audiblyvisual.com.
Third Party Links
Audibly Visual provide links to third party websites. Although we will endeavour to ensure these links are safe, we cannot be held responsible for the content or safety of these websites. You understand that it is your responsibility to ensure your device is protected against malware of any type when visiting these websites. Third party websites, including our hosted online store, have their own privacy policies, terms and rules about cookies. Audibly Visual take no responsibility for your actions on external websites, it is your responsibility to ensure you review and follow any policies.
Pro Hire & Party Packages
Creating a booking
Equipment hire is a service we provide on a charged basis. An initial quote is provided free of charge; this will include a full list of the equipment being hired as well as any charges for setup, use, delivery and other associated costs. It is essential that you check all parts of the quote, including the delivery address, event times, our requirements and your contact details, before confirming that you wish to go ahead. This quote becomes your contract once you agree to it. Any errors or questions should be flagged by replying to the email containing the quote. Once you confirm that you are happy to go ahead, the contract between Audibly Visual and you is formed and a provisional booking will be created. At this stage, both you and Audibly visual still have the right to cancel penalty free, but the requested date is reserved by us to prevent other bookings being created. A digital pro forma invoice will be generated and sent to you shortly after the provisional booking is created. This pro forma invoice is payable within 7 days and 50% of the total invoice cost is a non-refundable deposit for your booking. Failure to pay within the specified 7 day period will result in your provisional booking being cancelled automatically. Once payment is received, your booking will be confirmed. From this point, any cancellation will be refunded minus the 50% deposit. For cancellation requests made with less than 14 days to go before the event, the non-refundable deposit increases to 75%. Any cancellations made 48 hours or less before the event are 100% non refundable. If you wish to add additional items to your booking, or make minor changes, we will try to accommodate your additional requirements. We cannot guarantee that this will be possible, but please get in touch as soon as possible to allow us time to make changes. Any additions will have payment terms agreed at the time they are added to the booking.
Equipment Delivery, Usage and Collection
On the day of the event, Audibly Visual staff or representative(s) will arrive at the booking address as close as possible to the agreed setup time. The lead contact is the person who made the booking with us, they/ you take responsibility for misuse, damage, loss and injury caused to or by the equipment being hired. We will require photo ID from the booking lead, if equipment is to be left. Unless explicitly agreed, any hired equipment will be set up by us and must not be touched, altered or interfered with. In all circumstances, only those who have been shown how to use the equipment should do so. It is your responsibility to make sure equipment is not accessed, interfered with or otherwise abused whilst it is in your care. You are responsible for ensuring persons on the event premises keep a safe distance from equipment at all times. If your booking includes a bubble machine, it is your responsibility to ensure the floor offers adequate slip protection and is suitably dried, maintained and cleaned throughout the hire, regardless of any representatives of Audibly Visual being on site. All lighting, lasers and other equipment will be set up in a safe manner. Audibly Visual take no responsibility for damage caused to persons or property where our safe setup is compromised by the actions of guests, clients or any other party. In all situations, our liability is limited the the amount paid for the booking. Where a member of Audibly Visual staff or a representative (DJ, Engineer etc) supplied by us will remain with the equipment, operation of equipment will be exclusively by us. You must still ensure that persons on the event premises remain at a safe distance from all equipment and all surfaces are safe (eg: slip hazard). One key way to do this is by considering the location you allocate us to set up. As part of the initial quote discussions, the number of sockets required would have been specified. There must be the agreed number of working, safe to use 13amp sockets in the vicinity (within 10 metres) of the setup zone. All our equipment requires power, so failure to provide this on the day will result in the booking being incomplete; no refund will be issued in this circumstance. Any additional charges , such as parking , which are charged directly to Audibly Visual as a direct result of supplying or clearing down an event are payable immediately by the lead contact. At the discretion of Audibly Visual, these may be invoiced after the event. Ramp, lift or other suitable equipment loading access is essential at every venue. Audibly Visual reserve the right to refuse any event where safe and suitable loading conditions are unavailable, without refund or compensation provided to the client. Once the prearranged booking is complete, staff / representative(s) from audibly visual will clear down the equipment. For dry hire, we will arrive as close to the prearranged time as possible, for on site staff / representative(s), clear down will take place at the agreed time. Any concerns over damage, misuse, additional charges encountered or missing equipment will be brought to the attention of the lead contact within 14 days of the booking. Any damage or clear sign of misuse will result in an invoice being sent to you. This will cover the cost of the damage assessment, repair, replacement or additional charges and payment is due immediately. Under no circumstances will Audibly Visual provide compensation greater that the price paid for the individual equipment hired. No compensation will be provided for lack or delay of services caused by influences outside of our control. Audibly Visual may make case studies, photographs or information about a project available online and through other channels. You must request, in writing, at the beginning of a project, an exception to this if you feel it is required. These conditions apply to all bookings, alongside any booking specific terms agreed during the bookings process. Specific terms or conditions may be modified during individual projects, but these will be clearly stated as excluded terms and conditions during the estimate / quotation process, in writing, by Audibly Visual. All terms and conditions outside of those modified in this way remain valid and enforceable.
Concept Design, Equipment Configuration & Consultation
Audibly Visual provide charged design and consultation services according to the terms set out here. All designs, configurations, codes or other digital assets will be discussed during the initial consultation period, then an estimate provided to advise on the pricing for the works required. It is essential that you read and agree to the details provided on this estimate, as it becomes the contract between you and Audibly Visual once the deposit is paid. It should not be assumed that anything omitted from the quote will be completed, the cost provided is for the services / good listed only. 50% of any estimate is payable before a design or configuration is started and is a non-refundable deposit. Both you and Audibly Visual have the right to cancel without reason or penalty before this deposit is paid. Once a design is completed, the actual time spent, which may be higher or lower than the estimated time, will be invoiced; this is payable within 7 days of receipt unless otherwise stated. Designs or configuration files may not be released until payment is received, dependant upon the project and other services purchased from us. Modifications, changes or additions to a design or configuration are charged in the same way as a new design request. All designs, configurations, codes or other digital assets created will be completed according the specification agreed in the estimate. The client takes final responsibility for any errors with design or consultation works caused by mistakes or omissions during the specification process. In any circumstance, no liability will be accepted or compensation offered above the cost of the services provided by us under any circumstances. Any cancellation request after work has been started will be accepted, but the 50% deposit will not be returned. Cancellation is not possible once any of your designs, configurations, codes or other digital and physical assets have been provided to you. All designs, configuration files, codes and other physical and virtual assets created by us remain under the ownership of Audibly Visual until all fees are paid in full. Once payment in full has been received, any configuration files, designs, or other assets created for your project become the responsibility of the client and ownership is transferred. All designs, configurations, codes or other digital and physical assets have their ownership transferred on a non-exclusive basis. Audibly visual retain the right to use identical or similar designs, configurations, codes or other digital and physical assets for other projects and clients. Transferred ownership is for your copy only. Any copyright, legal limitations or other terms and conditions imposed by design software or other third party owned material is subject to separate terms and conditions. Audibly Visual do not provide software for future editing of designs, configurations, codes or other digital and physical assets and this may need to be purchased separately.
Installation & Configuration
Booking and Deposit Payment
Audibly Visual provide a charged installation & configuration service for AV equipment. An initial assessment of any works site will be completed, on site where possible. Staff levels, time scales and any other essential information will be discussed and an estimate of labour and installation hardware costs created based on this information. A provisional booking, preventing other bookings for the agreed dates will be created once you confirm that you are happy with the estimate and we are able to confirm any outstanding details such as dates, times or invoice address. This provisional booking is valid for a maximum of 7 days. At this stage, both you and Audibly Visual have the right to cancel penalty free. A 50% non refundable payment of the estimate is required to secure the booking, so a pro forma invoice will be sent at the same time as the provisional booking is created. Once the payment is received, your booking is confirmed.
Installation Dates
All appropriate PPE, unless site specific and agreed in advance, will be provided by Audibly Visual staff and representatives. All reasonable care will be taken to avoid damage to buildings, equipment and persons during any install. It is your responsibility to notify us of any known or relevant hazards on the installation site at the earliest possible opportunity. For equipment not purchased through Audibly Visual, no responsibility will be accepted or compensation offered for equipment found faulty or damaged or any delay this causes for the install process. Defects of any kind will always be brought to your attention in a timely manner. For equipment provided by Audibly Visual, your usual statutory rights apply for damaged or faulty equipment. Once an installation is completed by Audibly Visual, the client takes full responsibility for future safety checks, maintenance and all associated risks and costs moving forward.
Finalisation
Once an install is complete, you will receive an invoice for the total material and labour costs of the install, minus the deposit paid. Any partially used items, such as cable reels or packs of cable ties, will be charged in full and removed from site by Audibly Visual. Payment of your invoice is due within 7 days of receipt.
Support
Support services are customised to suit individual clients and budgets. Support requirements, number of included visits and preferred visit dates will be discussed in detail and a quote created. It is essential that you agree with the details specified in the quote, as any requests outside of the scope of the quote will incur additional fees. If you choose to accept your quote, the support plan starts from the day of your first payment; this must be within 7 days of the quote being accepted and an invoice will be provided with details of how to pay. At any point before this first payment, both you and Audibly Visual have the right to cancel penalty free and without reason. Annual payments are paid in one lump sum, monthly payments are paid on an agreed date each month with a minimum 12 month period in place. Cancellation of a support plan is possible by emailing info@audiblyvisual.com at any stage, however, any outstanding fees (such as remaining monthly costs) are due at the point of cancellation. Only services or goods explicitly agreed in the initial quote are covered by the ongoing cost. Other options may be available on a pay as you go basis (parts, replacements etc). Should a service not be completed by Audibly Visual, compensation is strictly limited to the cost of the missed contracted service element(s) only.
Sales
Purchases made through our online shop are subject to separate terms and conditions, listed on the online store website. Purchases made through Audibly Visual by email , phone or any other means are covered by the terms here. After an initial discussion, a quote for the goods, postage and any other relevant fees as well as an estimated delivery date will be provided. This quote is valid for a maximum of 30 days. Once a quote is accepted, all purchases must be paid for within 7 days, this will usually be by pro forma invoice. Under no circumstances will goods be dispatched before payment has cleared, any payment not received within 7 days of a quote being accepted will void the purchase. If for any reason the order cannot be fulfilled, Audibly Visual cannot be held responsible for any compensation above the initial amount paid (A full refund). Your statutory rights cover all purchases through Audibly Visual, this usually means you have 14 days to return an item. There are some items we sell, such as customised items, which cannot be returned unless faulty. If you do choose to return any item, the return postage is not refundable. Any refund will be via the original payment method. All returned items should be in their original packaging, unused and undamaged. Delivery fees and time frames will vary depending on the items purchased, these will be made clear prior to payment being taken. We offer no warranty or guarantee, but your purchase may be covered by a manufacturers warranty, so please do get in touch if you experience any issues with an item you have purchased.
Live Streaming
Once details of a live streaming project have been discussed, a quote will be created which reflects the timeframe required for setup and streaming according to the details discussed. It is essential that you read and agree to all aspects of the quote, as any additional equipment or time required will be charged on top of the quoted price. Once you accept the quote, a provisional booking is created, to avoid any further bookings on your requested date. This provisional booking is valid for 7 days and is only changed to confirmed status once the quote is paid in full. At any point until this payment is made, both you and Audibly Visual have the right to cancel penalty free and without reason. All venues where live streaming will take place must have a stable, hard wired internet connection and mains power available for the stream. Audibly Visual take no responsibility for issues caused by lack of or unstable internet connection or power and no compensation or refund shall be offered should these conditions not be met. If you wish to use a streaming platform registered to you, it is essential that you are present throughout the stream. You take full responsibility for the usage and access to your account on any such platform. The content of any stream remains the sole responsibility of the client, Audibly Visual take no responsibility for any offence, loss or negative consequence caused by the stream or it's content. In any circumstance, the maximum liability of Audibly Visual is that of the fee paid by the client for the service provided. Any additional time a stream runs for, above the agreed timeframe, is charged at the standard rate. This payment will be invoiced after the event and is due within 7 days of invoice receipt. Audibly Visual reserve the right to end a stream early or at the agreed time to protect the safety, financial security or reputation of the client, Audibly Visual Representative or any other party. No compensation will be offered if the stream is stopped in these circumstances.