ACCAELLE EVENTS - EVENT ORGANIZATION - WEDDING ORGANIZATION - WEDDING PLANNER - EVENT PLANNER

CONTRACTUAL CONDITIONS

 

1) THE PARTIES - The subject registered in the following point n. 2 "CUSTOMER DATA" hereinafter referred to as "CUSTOMER", gives the company LB Srl with registered office in Bergamo in Via Garibaldi, 26 (Italy), with VAT no. 04258280165, hereinafter referred to as "COMPANY" which operates under its own commercial brand "ACCAELLE Events", an irrevocable and exclusive contract for the artistic direction of its event, as better described and established below.

 

2) CUSTOMER DETAILS, ELECTION OF DOMICILE, NOTES - For each communication, the CUSTOMER registered at the top of the page, chooses his address as the one shown at the top of the page.

 

3) NATURE OF THE CONTRACT - The CUSTOMER expressly accepts and declares to be aware that this contract refers to the services referred to in the following point n. 4, in complete release from the work carried out by third parties involved in the organization of the CUSTOMER event covered by this contract. This contract is also intended as a delegation of the CUSTOMER to the COMPANY, for the performance of the activities, all related to the organization of the related event, in all its duration: in the preventive phase (for requests, permits and general documents ), in the executive phase on the day of the event (for all the activities necessary for the execution of the event itself), and in the final phase (for all "post-event" obligations, such as descriptive but not limiting: validation of final corrections, validation of any deficiencies or damage, etc.).

 

4) COMPANY PERFORMANCE - The CUSTOMER expressly accepts and declares to be aware that THE COMPANY provides the exclusive sale of a consultancy service in the field of event organization, free from the work of third parties, as well as the relative support on site during the unfolding of the event itself, a nature to be considered valid even if certain services are invoiced directly by the COMPANY, but subcontracted to third parties.

 

5) INDEMNITY - Since this contract is released from the work of third parties, the CUSTOMER expressly grants as of now the most complete indemnity in favor of the COMPANY and its employees, regarding any liability (ascertained or to be ascertained) of third party suppliers involved in '' organization and implementation of the event covered by this contract, such as for example descriptive but not limiting: catering, musical accompaniments, favors, floral arrangements, entertainment services, etc. Furthermore, the CUSTOMER expressly grants as of now the most complete indemnity in favor of the COMPANY and its employees, regarding any liability (ascertained or to be ascertained) as a consequence of force majeure or for liability (ascertained or to be ascertained) not directly dependent on the 'COMPANY.

 

6) EXCLUSIVE OF THE CONTRACT: With the signing of this contract, the CUSTOMER unconditionally accepts from now on the absolute prohibition to give to third parties other mandates that have as activities those provided by the COMPANY. In the event that this is not due to the will and / or fault of the CUSTOMER, this contract will be deemed terminated early due to his fault with the same consequences as per the following point n. 9.

 

7) BEGINNING OF THE CONTRACT - Without prejudice to any good contractual fulfillment by the CUSTOMER, this contract is considered to be regularly operational only following the payment of a deposit equal to the amount of the applicable minimum, referred to in the following point n. 8-1 and / or exceptions, plus any fees by the CUSTOMER, which must be strictly paid by the CUSTOMER to the COMPANY within 7 (seven) days of signing this contract, under penalty of nullity of the contract.

 

8) RATES, PAYMENTS AND CREDIT TRANSFER - The CUSTOMER expressly declares that he knows and believes that the rates and related billing / payment methods that the COMPANY applies for the services covered by this contract are appropriate. In detail they are:

8.1) Agency fee: that is the rate for the services covered by this contract, considered intellectual property of the COMPANY. This rate is commonly agreed to be equal to 15% (fifteen percent) excluding taxes, of the final total cost / value of the event, with an applicable minimum of EURO 5,000.00 (five thousand) excluding taxes. For the purpose of determining the calculation of the Agency Fee, the nature and / or origin of the suppliers and services involved in the event, which is the subject of this mandate, does not distinguish. If, for any reason, it is not possible to reconstruct the correct value of the event for the purpose of calculating the Agency Rate, the latter will automatically and independently proceed to estimate and consequently determine its Agency Rate, as well as refunds. The following are expressly excluded from this rate: any refunds referred to in point no. 8-2, as well as any separate supplementary offers for accessory services.

8.2) Refunds: Any refunds that the COMPANY will sustain in order to fulfill its contractual obligations are the exclusive economic competence of the CUSTOMER, eg. descriptive but not limiting: compensation for the use of one's own car in accordance with the ACI tables, motorway tolls, fuel, travel and transport costs, food and accommodation where required, etc. etc. Refunds are always due, without exception. The CUSTOMER is obliged to set up an expense fund quantified by the COMPANY at the COMPANY, which from time to time and on the basis of the event development plan, must be replenished if exhausted. THE COMPANY will keep a precise statement of account of all refunds / payments in order to guarantee the CUSTOMER maximum transparency. The CUSTOMER undertakes to respect all payment deadlines as established in this contract.

8.3) Services: In compliance with the previous point n. 4, if the COMPANY invoices directly to CLEINTE, external services operated by third party subcontractors, the same will be subject to specific negotiation separate from this contract, the nature and terms of supply of which will be highlighted from time to time, producing at CUSTOMER related offers. These services, unless otherwise communicated in writing, will be considered subject to the same terms of payment, referred to in the previous point n. 8.1.

8.4) Credit transfer: The CUSTOMER accepts from now on without reservations the COMPANY's right to transfer, both in full or in part, any of its credit due to the CUSTOMER, of any kind, to companies outside its shareholding structure.

8.5) Deadlines and Payment Terms - Unless otherwise communicated in writing and official, any payment must be made to the COMPANY by bank transfer to the following bank details: BENEFICIARY: LB Srl BANK: Intesa San Paolo (ag. Mozzo) IBAN: IT83K0306953240100000008224 CODE BIC / SWIFT: BCITITMMXXX.

The commonly agreed deadlines are:

- Initial down payment invoices: of which point n. 7.

- Invoices for down payments for order confirmations of individual services: to the relative order confirmations of individual services.

- Invoices for integrating advances for individual services and / or commissions: based on the event development plan and in accordance with the relative order confirmations of the individual services.

- Total balance invoice: no later than 10 (ten) days before the start date of the event, which is the subject of this contract.

- Invoices for any final corrections: within 7 (seven) days after the end of the event, understood as per the following point n. 11.

 

9) EXPRESS TERMINATION CLAUSE - The contract is considered terminated immediately due to the fault of the CUSTOMER, without notice, with the immediate termination of all the services and supplies involved, as well as with the definitive and non-refundable forfeiture of all Confirmatory Deposits (or any other amount) paid by the CUSTOMER, in the following cases:

9.1) if the CUSTOMER extends the payment terms agreed and indicated in this contract and / or in the relative order confirmations by more than 10 (ten) days, without the express authorization of the COMPANY.

9.2) if the CUSTOMER does not respect the exclusivity referred to in the previous point n. 6. As a consequence of this, any amount paid by the CUSTOMER will be retained as a penalty and not refunded. Furthermore, the CUSTOMER undertakes as of now to pay the AGENCY RATES and REFUNDS in full, as expressly described in the previous point n. 8 and sub - RATES AND PAYMENTS.

 

10) EARLY WITHDRAWAL BY THE CUSTOMER - Following a serious breach definitely demonstrated by the COMPANY, the CUSTOMER has the right to withdraw early from this contract, validly justifying this choice and respecting the obligation to notify the counterpart by registered letter with return receipt. R, with a minimum notice of 30 (thirty) days. Whatever the reason for any early withdrawal, the CUSTOMER undertakes to pay the full rate referred to in the previous point n. 8-1, as well as any accrued and unpaid refunds referred to in the previous point no. 8-2. As a result of the early withdrawal optioned by the CUSTOMER, each COMPANY service will be deemed by the parties to be concluded without penalties and / or compensation to be paid by the COMPANY, and will cease without further notice. The confirmatory deposits paid by the Customer will be retained by the COMPANY and not refunded, as required by law.

 

11) REGULAR TERM OF THE CONTRACTUAL RELATIONSHIP - In the case of an event with a reception at lunch, the termination of the COMPANY's services accrue on the same day as the event at 16.00; in the case of an event with dinner reception, on the same day as the event at 11.59 pm; in the event of a different event, the term of the service must be agreed directly with the COMPANY.

 

12) GENERAL PROVISIONS - The Parties acknowledge that this contract, and each individual article, have been the subject of specific negotiations between the parties. 13) INDEMNITIES AND DISPUTES - Any modification of this contract, whether made by hand or printed, is considered void by the parties. In the event of any ascertained liability of the COMPANY, the CUSTOMER expressly agrees and accepts that this liability is limited as a whole exclusively to the amounts paid by the CUSTOMER referable solely to the agency rates referred to in the previous point n. 8-1, excluding any other item, damage for loss of earnings, business, contracts, income, savings and / or other profit. This contract, which is drawn up in Italian in order to correctly express the wishes of the parties, and all the annexes that form an integral part of it, is governed by the laws of the Italian State. All possible disputes that may arise in relation to the validity, interpretation, execution or termination of this contract will be devolved to the exclusive competence of the Court of Bergamo. This contract is to be considered valid in its entirety, even following any cancellation by the Authorities of one or more clauses contained therein.