TwoRedPens (Pty) Ltd. – Event Management
Client Terms and Conditions
These are the standard terms of Client Business of events management by TwoRedPens (Pty) Ltd., De Blok Unit B2, 10 Wilhelm Street, Nelspruit and all work undertaken by TwoRedPens (Pty) Ltd. shall be on these terms unless specifically varied in writing and agreed to by both parties prior to the event.
1. Event Booking Details
1.1 All bookings will be regarded as provisional until a signed quote or communication has been received from the client, along with a non-refundable deposit for the required services (as set out in Clause 2.4 below), and only if accepted by TwoRedPens (Pty) Ltd. will the booking be confirmed. TwoRedPens (Pty) Ltd. is not under any obligation to continue holding provisional bookings beyond the given option date (usually 10 working days from the time of booking), if these have not been received. For the purposes of this Agreement “working days” shall mean Monday to Friday inclusive.
2. Price & Payment
2.1 All prices quoted by TwoRedPens (Pty) Ltd. may be amended when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of TwoRedPens (Pty) Ltd.
2.2 Any query arising from an invoice must be notified to TwoRedPens (Pty) Ltd. in writing by the Client within 10 working days of the date of the invoice receipt. Failure to comply will render the full invoice payable on the due date.
2.3 It is strictly the responsibility of the representative of the Client confirming the booking to inform all relevant parties of the payment terms, as set out by TwoRedPens (Pty) Ltd.
2.4 Deposit – A deposit of 100% of the total fee payable (including VAT), as quoted and agreed in the written proposal (attached), of any event or programme shall be payable on confirmation of the order.
2.5 Additional Expenses – any additional expenses or fees resulting from any changes made by the Client, that have not been quoted in the agreed proposal but subsequently incurred by TwoRedPens (Pty) Ltd., will be invoiced separately before and after the event. Payment will be due within 5 working days of presentation, any queries thereon raised within 3 working days of presentation and payment shall be made in accordance with Clause 2.8. TwoRedPens (Pty) Ltd. will agree to any additional expenses or fees with the client prior to these being incurred.
2.9 Methods of Payment:
Bank: TwoRedPens (Pty) Ltd FNB (Branch 250 655) Acc. No. 6274 4994 410
The Client must inform TwoRedPens (Pty) Ltd. in writing (preferably by email) of any bank transfers
3.1 This clause applies to the following: where the client (a) cancels the entire event, (b) cancels partial use of the facilities/services for the event or (c) reduces the duration of the event as a result of which the contracted value is reduced.
3.2 Should an event be canceled, the following cancellation charges will apply and extend to the total charge which includes: any required accommodation, function room hire, equipment, pre-booked food and beverage charges, venue bookings, event management and services. In addition, the client will settle any third-party charges incurred by TwoRedPens (Pty) Ltd. on behalf of the client.
Cancellation Clause %
- 120 to 61 working days prior to the event 50%
- 60 to 31 working days prior to the event 80%
- 31 working days or less prior to the event 100%
In the event that the above cancellation fees should be applied, the balance of calculated credit available after the incurred fees will be given to the client in the form of credit available at TwoRedPens (Pty) Lt.d
3.3 This credit is not redeemable for cash and will be used for products/services that TwoRedPens (Pty) Ltd. offers.
3.4 All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.
3.4 TwoRedPens (Pty) Ltd. reserves the right to cancel the client’s booking if there has been a change of more than 40% of the client’s original contract. Written notification will be sent to the client.
3.5 Any postponements of confirmed and contracted business or any Public Health Emergency declared by the South African government that directly affects the operation of the event will be considered as a cancellation in accordance with the above cancellation clauses. However, provided the revised event date is agreed (subject to availability) and takes place within 12 months of the original event date, payments received by TwoRedPens (Pty) Ltd. from the client shall form a credit towards the future event. Should any postponement costs be incurred by TwoRedPens (Pty) Ltd., the client will be notified and these costs will be deducted from the amount held as credit.
On some events, the activities that the Clients will undertake may be inherently dangerous although all guests are fully supervised throughout. As such neither TwoRedPens (Pty) Ltd. or its employees or agents shall be liable for any damage, loss, delay or expenses caused to the client, its employees, agents, licensees or invitees or any other persons attending the event except insofar as it results from the negligence of TwoRedPens (Pty) Ltd. or breach of contract. Please note that during particular events and on certain activities it may be necessary to request individuals to sign a liability waiver on the day of the event (although the same does not purport to exclude liability for damage to personal property of the Clients employees or staff or property damage caused to the Clients property or personal injury arising as a result of the negligence of TwoRedPens (Pty) Ltd.), in which instances TwoRedPens (Pty) Ltd. agrees to indemnify and hold the Client harmless against all such claims.
5. Force Majeure
TwoRedPens (Pty) Ltd. shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God (other than one arising from or related to directly or indirectly from volcanic ash), strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, and TwoRedPens (Pty) Ltd. shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
7. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of the Republic of South Africa and the parties hereby submit to the exclusive jurisdiction of the South African courts.