Terms and conditions for clients
Tri Motion Project Management CC ("the Agency"), Registration Number 2007 / 149064 / 23, shall provide for you ("the Client") temporary personnel for promotional events in accordance with these terms and conditions unless such be varied in writing by agreement between the parties.
By accepting the Agencies Quotation, you agree to these terms and conditions outlined below.
1.1 Clients are generally required to pay 70% upfront and the balance within 24 hours of the job ending.
1.2 New clients may be required to pay 100% upon receipt of invoice, depending on the size of the job.
The booking process will not commence until the funds have cleared in the Agencies bank account.
2.1) Where cancellation takes place more than 48 hours before the date specified for the commencement of the Assignment, 50% of the value of the agreed Fees, together with all applicable VAT thereon shall be paid.
2.2) Where cancellation takes place less than 48 hours before the date specified for the commencement of the assignment, 100% of the value of the agreed Fees, together with all applicable VAT thereon shall be paid.
2.3) Any deposit paid shall not be refunded should the event be cancelled.
2.4) Where cancellation is due to inclement weather on the day, 100% of the value of the agreed Fees, together with all applicable VAT thereon shall be paid.
2.5) In the event of a venue, date or time change after the Client has accepted the quotation, the Agency shall have the right to charge an additional 15% management fee. A date change would need to be no more than 14 days in the future to avoid being charged the relevant fee.
3. LATE PAYMENT
The interest of 20% over the prime rate will be charged on any amount that does not reach the Agency by the due invoice date. Prime rate means the rate of interest quoted by Nedbank, a division of Nedcor Bank Limited from time to time as being the interest rate levied on the overdraft accounts of its first-class corporate borrowers, which rate of interest is calculated daily and compounded monthly in arrear. A certificate under the hand of any manager of the aforesaid bank, whose designation, appointment and authority it shall not be necessary to prove, shall constitute prima facie proof of the prime rate at any relevant time in the event of a dispute arising in relation thereto. The Agency has the right to pass outstanding debts to an external organization to recover the debt on the Agencies behalf. An additional 15% fee will be added to the original invoice as well as any interest due. The Agency reserves the right to instigate legal recovery proceedings for any payments still outstanding after a period of 30 days.
4. DISSATISFACTION PROCEDURE
4.1) In the event that the Client is not satisfied with the service provided by the Agency, the Client must notify the Agency within the first 2 hours of the event starting. If the Client does not so notify the Agency, the Client shall be deemed to have accepted the service and the Agency will accept no liability in respect thereof and the Client shall not be entitled to reject the Personnel or claim a discount.
4.2) Promoter sickness or failure to show for a job is something that is beyond the control of the Agency. The Agency will refund the pro rata amount quoted for any promoter that does not show and will make a concerted effort to replace absent promoters with reserves. The Client shall not be entitled to claim additional compensation for any loss or damages incurred by the promoter ‘no show’.
The Client absolves and holds the Agency harmless in respect of all and any loss arising from a fault of any nature attributable to the Agencies or any promoter employed by it regardless of the facts and circumstances of such loss.
The Client indemnifies and holds the Agency harmless against any claim that may be made by any client or by any third party as a result of any act or omission by any promoter assigned to the client.
6. RESTRICTIONS ON DIRECT ENGAGEMENT OF THE AGENCIES PROMOTERS
The Client agrees not to directly employ the Agencies promoters within 12 months of the last day of the booking. If the Client does employ or engage the Personnel, the Client will be liable to pay the Agency a commission at its then current rates.
7. PROMOTIONAL CLOTHING, STOCK AND PERMITS
Unless otherwise agreed in writing, the responsibility of distribution and collection of promotional clothing, stock or permits reside with the client. The Agency reserves the right to quote and charge the Client for this service if requested to do so. It is the client’s responsibility to ensure that any clothing, stock or permits are returned to them after the activation unless agreed to in writing prior to the job commencing.
8.1) The client agrees to keep all financial issues strictly confidential and agrees to only discuss rates with the Agency.
8.2) All payments to be made to the agency shall be made without deductions and no amount may be deferred or withheld by any reason of claim or counterclaims.
8.3) An additional 10% may be added to the invoice should the quotation be accepted less than 48hrs before the activation commences.
8.4) If the Client enters into liquidation or bankruptcy or is in breach of its obligations the Agency may terminate any agreement with the Client with immediate effect without prejudice to the rights of the Company which has accrued up to such date of termination.
8.5) Should a promoter be sent home for any reason beyond the control of the agency (e.g. no stock, venue issues) the client will be liable to cover the full cost of the activity.
9. PROMOTER BREAKS
Promoters are entitled to a 30-minute break for every 5 hours worked, at times to be determined between the Client and Promoter in good faith.
Should the Client breach this agreement, the Agency shall have the right to terminate this agreement and to retain the deposit to cover damages.
An example of this scenario would be if the client cancels a promoter without sufficient notice as per clause 2, and then refuses to pay the cancellation fee. The Agency is entitled to terminate the agreement and to retain the deposit, to pay the promoters for the contracted period.
11. TRAVEL AND PARKING
Distances greater than 30km from any major city shall incur a standard fuel levy of R2.50 per kilometer.
If the activation is at a location which requires the promoter to park within a paid area, then the client shall reimburse the promoter directly on the day.
12. PROMOTER AVAILABILITY
The Agency cannot guarantee the availability of its promoters chosen by the Client from the Tri Motion database. Nor can the Agency be responsible if the chosen promoters cancel at the last minute. The Agency shall, however, book find suitable replacements.