Terms and Conditions
Venue Hire Terms & Conditions
1.1.1. “Agreement” means this agreement set out in this document, including all other relevant documentation on the website page;
1.1.2. “Booking Form” means the booking form to be completed by the Customer;
1.1.3. “Business Day” means any day other than a Saturday, Sunday or a public holiday
1.1.4. “Customer” means the person or entity named in the Booking Form as the hirer of the Venue and includes but it is not limited to their employees, agents or Staff;
1.1.5. “Deposit” means the non-refundable 50% (fifty per cent) deposit of the Fees due;
1.1.6. “Equipment” means any equipment provided by EasyBiz QuickBooks in relation to the Event or as specified in the Booking Form or the Function Sheet, as the case may be;
1.1.7. “Event” means the function on a specific date or period of time;
1.1.8. “Event Coordinator” means the person representing EasyBiz QuickBooks and who will be responsible for coordinating the Event;
1.1.9. “Fees” means the amount payable;
1.1.10. “Parties” means both EasyBiz QuickBooks and the Customer;
1.1.11. “Policies and Procedures” means EasyBiz QuickBooks policies and procedures;
1.1.12. “Premises” means EasyBiz QuickBooks, 2 Venus Street cnr. Glenhove Road, Melrose Estate, Johannesburg
1.1.13. “Price Schedule” means the price list for the EasyBiz QuickBooks Services as amended from time to time on the Venue Pricing website page;
1.1.14. “Services” means any service or facility;
1.1.15. “Staff” means the Customers staff
1.1.16. “Terms and Conditions” means this document, updated from time to time, covering all financial and legal implications of the agreement entered into between the Parties;
1.1.17. “Venue” means the space to be used for the Event within the Premises;
1.1.18. “Venue Rental Period” means the period the Customer requires the venue, as specified in the Booking Form.
The Parties agree that these Terms and Conditions constitute a master agreement.
3. THE SERVICES
EasyBiz QuickBooks shall, upon acceptance of the completed Booking Form by the Customer, receipt of the signed Agreement and receipt of payment of the Deposit, render such Services to the Customer.
4.1. In consideration for the supply and provision of the Services, the Customer shall pay the EasyBiz QuickBooks Fees.
4.2. All additional costs and expenditure for additional Services requested by the Customer shall be for the Customer’s account
5 INVOICING AND PAYMENT
EasyBiz QuickBooks shall, as soon as reasonably possible following receipt of the signed Agreement, issue a tax invoice for the Fees to the Customer.
5.2.1. Payment of the Deposit is required in order to secure a confirmation of the reservation of the Event as per the Booking Form.
5.2.2. Payment of the Deposit by the Customer will, unless otherwise specified by EasyBiz QuickBooks, be made within 5 (five) working days of submission of the signed Agreement.
5.2.3. Payment of the balance of the Fees by the Customer will, unless otherwise specified by EasyBiz QuickBooks, be made 2 (two) working days before the Event taking place.
5.2.4. The Event will not proceed without full payment of the Fees prior to the Event.
5.2.5. Any amount owing by the Customer for 5 (five) working days and longer after the due date, will attract interest at a rate of 2 % (two per cent) per month higher than the prevailing prime overdraft rate. Any disputes on the Fees owed by the Customer that are not resolved within 30 (thirty) days from receipt of the tax invoice for the Fees shall be referred to the respective parties for resolution, failing which the provisions of clause 14.3 shall apply
5.2.6. Customer shall, at EasyBiz QuickBooks sole and absolute discretion, pay the EasyBiz QuickBooks by electronic funds transfer.
5.2.7. The EasyBiz QuickBooks bank account details are:
EasyBiz (Pty) Ltd
Bank : ABSA
Branch : Business Banking East Rand
Branch Code : 632005
Account Number : 4062777130
Reference : TRAINING: Company Name
5.2.8. Customer shall forward a copy of the proof of payment by electronic funds transfer or deposit slip to the Event Coordinator within 2 (two) days of payment.
6 EASYBIZ’S QUICKBOOKS OBLIGATIONS
6.1. EasyBiz QuickBooks shall ensure that at all times during the rendering of the Services to the Customer:
6.1.2. the Premises are clean; and
6.1.3. the Equipment is in good working order.
7 CUSTOMER’S OBLIGATIONS
7.1. The Customer undertakes and shall be obliged to:
7.1.1. complete and provide accurate information relating to the Event as indicated in the Booking Form;
7.1.2. ensure that the maximum number of guests permitted to the Venue at any one time is not exceeded;
7.1.3. for the duration of the Event, protect the Premises and not damage the Premises in any manner whatsoever;
7.1.4. appoint a representative of the Customer (whose contact details shall be sent to EasyBiz QuickBooks prior to the commencement of the Event), who shall accept responsibility for ensuring the effective control and supervision of the Event and guests in terms of compliance with the Agreement.
8 INTELLECTUAL PROPERTY
Unless specifically authorised in writing by EasyBiz QuickBooks and then only to the extent so authorised, the Customer shall have no right to use the Intellectual Property of EasyBiz.
9 CANCELLATION OF THE EVENT AND TERMINATION OF AGREEMENT
9.1. An Event is confirmed on payment of the Deposit and on receipt by EasyBiz QuickBooks of a signed Agreement.
9.2. In the event of any cancellation of the Event or termination of the Agreement for any reason, no liability shall fall upon EasyBiz QuickBooks in respect of any loss sustained or expenses incurred by the Customer or any other person as a result thereof. The Customer is advised to insure against such loss.
9.3. EasyBiz QuickBooks may cancel or terminate the Services in relation to the Event, with immediate effect without prejudice to its rights, if:
9.3.1. there is any significant omission from or a misstatement in the Booking Form by the Customer;
9.3.2. the Customer intends using the Venue or the Premises for an event and/or purpose other than the Event Purpose;
9.3.3. the Event may, in the sole discretion of EasyBiz QuickBooks, lead to a breach of peace, acts of violence or possible damage to the Premises or its contents or bring EasyBiz QuickBooks into disrepute;
9.3.4. the Event or any act in relation thereto contravenes any applicable legislation or statutory regulations including, without limitation, the Occupational Health and Safety Act;
9.3.5. the Customer is placed under final sequestration, liquidation, business rescue or similar circumstances; or
9.3.6. there is any breach of the Agreement, which is capable of remedy and the Customer fails to remedy such breach upon written notice to do so within the period set out in such notice.
9.4. In the event of a cancellation or termination pursuant to clause 9.3, the Fees paid will be forfeited and in addition, the Customer shall be liable to EasyBiz QuickBooks for any costs, expenses and losses incurred by EasyBiz QuickBooks as a result of such cancellation or termination.
9.5. EasyBiz QuickBooks may cancel or terminate the Services in relation to the Event on 30 (thirty) days written notice to the Customer, if:
9.5.1. the Venue or building is under refurbishment/reconstruction or alterations as required by the landlord of the Premises or otherwise and the Venue or building is, in the opinion of EasyBiz QuickBooks, unsuitable to host the Services; or
9.5.2. the Venue or the Premises is required by EasyBiz QuickBooks for an internal EasyBiz QuickBooks Event.
9.6. In the event of a cancellation or termination pursuant to clause 9.5, the Fees paid will be refunded to the Customer.
9.7. If the Customer cancels the Event:
9.7.1. no cancellation fee is applicable should the Customer cancel 60 (sixty) days prior to the Event;
9.7.2. a cancellation fee of 50 % (fifty per cent) of the Fees will be levied should the Customer cancel less than 60 (sixty) days, but not less than 30 (thirty) days prior to the Event;
9.7.3. a cancellation fee of 100 % (one hundred per cent) of the Fees will be levied should the Customer cancel less than 30 (thirty) days prior to the Event.
10 POSTPONEMENT OF THE EVENT
10.1. In the event that the Customer wishes to postpone the Event, the Customer will advise EasyBiz QuickBooks in writing of such postponement at least 60 (sixty) days prior to the Event.
10.2. The postponement of the Event will be subject to resubmission by the Customer of an amended Booking Form recording the new date and time of the Event agreed to and this shall be confirmed by EasyBiz QuickBooks in writing.
10.3. If the postponed Event is subsequently cancelled by the Customer, subject to clause 9.4, EasyBiz QuickBooks reserves the right to levy an administration fee of 30 % (thirty per cent) of the Fees in relation to such cancellation.
11 FORCE MAJEURE
EasyBiz QuickBooks reserves the right to cancel any booking for an Event forthwith and without liability on its part in the event of any damage or destruction to the Premises or Equipment by fire or other cause, strikes, lockouts or industrial unrest, or any other causes beyond the control of EasyBiz QuickBooks which shall prevent it from performing its obligations in connection with any Service.
12 LIMITATION OF LIABILITY
12.1. EasyBiz QuickBooks and the Customer agree that:
12.1.1. the Premises are made available by EasyBiz QuickBooks without any representation or warranty whatsoever, whether express, tacit or implied;
12.1.2. EasyBiz QuickBooks’ consent for the use of the Premises is not an indication that EasyBiz QuickBooks has endorsed the Customer and/or any of the content of any presentations at the Event or the Event itself;
12.1.3. EasyBiz QuickBooks reserves the right of admission in or upon the Premises in regard to any of the Customers guests or Staff or other person in connection with any Event held on the Premises;
12.1.4. under no circumstances will EasyBiz QuickBooks make good or accept responsibility or liability in respect of any loss, theft or damage, howsoever or by whomsoever caused, of or to any goods or property whatsoever of the Customer in or upon the Premises;
12.1.5. the Customer shall be responsible for any damage caused to the Venue or the Equipment therein by any act, default or neglect of the Customer or its guests or Staff, whether such is EasyBiz QuickBooks’ property or whether hired specifically by EasyBiz QuickBooks or Preferred Service Providers for the Customer, and shall pay to EasyBiz QuickBooks, on demand, the amount required to make good or remedy such damage.
12.1.6. EasyBiz QuickBooks shall not be liable or responsible for and assumes no liability for the acts and omissions of the Preferred Service Providers, including but not limited to any arrangements or payments between the Customer and Preferred Service Providers.
13.1. The Customer, hereby assuming personal liability in respect of any act performed by its Staff, employees and/or sub-contractors (if any), indemnifies and holds EasyBiz QuickBooks, its officers, directors, employees and agents (collectively, the “Indemnified”) harmless from and against, and shall, on demand, pay to the Indemnified the amount of any and all damages, claims, losses, expenses, costs, obligations and liabilities, including, without limiting the generality of the aforegoing, attorney’s fees on the scale as between attorney and own client (“Claim”) suffered directly or indirectly by the Indemnified by reason of, arising out of, resulting from or incurred in connection with:
13.1.1. the death or bodily injury of such person caused by the Indemnified;
13.1.2. the Equipment and/or goods supplied and/or services rendered by EasyBiz QuickBooks in connection with or pursuant to this Agreement, including any defects therein;
13.1.3. the damage, loss or destruction of any real or tangible personal property of such person caused to the Indemnified;
13.1.4. any failure by EasyBiz QuickBooks to perform, comply with and/or fulfill any of its obligations in connection with or pursuant to this Agreement; or
13.1.5. any litigation, proceedings or claims by any third party, for whatsoever cause and howsoever arising (including, without limiting the generality of the aforesaid, breach or alleged breach of intellectual property rights of third parties) in connection with or pursuant to this Agreement.
14. GENERAL PROVISIONS
14.1. The Agreement records the entire and sole agreement between the Parties and supersedes all other writings or documents, which may have been issued between them.
14.2. The Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
14.3. Any dispute arising out of or in connection with the Agreement shall be finally resolved by arbitration, held at Melrose Estate, in accordance with the Rules of the Arbitration Foundation of South Africa (“AFSA”) by an arbitrator(s) appointed by AFSA. In the event of urgent relief being sought, the Customer submits to the exclusive jurisdiction of the South Gauteng High Court of the Republic of South Africa.
14.4. The Customer shall not be entitled to cede or assign, all or any of its rights and/or obligations in terms of the Agreement to any third party whatsoever, unless by prior written consent of EasyBiz QuickBooks, which consent shall not be unreasonably withheld.
14.5. The Parties choose as their domicilia citandi et executandi for all purposes under the Agreement, notices or other documents or communications of whatsoever nature the addresses set out in the Booking Form.
14.6. The relationship of the Parties shall be governed by the Agreement. Nothing in the Agreement shall be deemed to constitute any Party the partner of the other Party, nor constitute any Party the agent or legal representative of the other Party. It is not the intention of the Parties to create, nor shall this Agreement be construed to create any commercial or other partnership. Neither of the Parties shall have any authority to act for or to assume any obligation or responsibility on behalf of the other Party. Neither of the Parties shall hold itself out as a partner of the other Party.
14.7. No addition to or variation of the Agreement shall be of any force and effect unless in writing and signed by the Parties.
14.8. The Parties shall display good faith in their dealing with each other.
14.9. In the event that any provision of the Agreement is held to be invalid or unenforceable by any competent court having jurisdiction, such holding shall not invalidate or render unenforceable any other provision of the Agreement. The Parties will use their best endeavours to agree on a suitable substituted arrangement which will be valid and will give effect to the intentions of the Parties as reflected in the invalid provision.