TERMS AND CONDITIONS
THE COLLECTIVE
TERMS AND CONDITIONS
Trio Collective Events LLC
Business Registered Address:
Office Number 019 – 101, Malik Khalid Abdullah Qassim, Al Qassim, Dubai Investment Park, Dubai, United Arab Emirates
Trade Licence: 1033867
VAT TRN number: 100481382800003
1. FEES AND REMUNERATION:
In return for the provision of our services, TRIO COLLECTIVE EVENTS LLC will be entitled to payment as follows: 50% of the agreed project total will be paid and received within the TRIO COLLECTIVE EVENTS LLC bank account 2 weeks prior to the project date or before the event goes into production, whichever comes earlier. Any costs incurred due to the delay of this payment including changes in the production timelines and additional project management hours will be charged to the client. The remaining 50% will be payable within 30 days of the event date. All internal costs, including but not limited to, time costs for staff, office costs and materials etc. any variation to this shall be agreed on a case-by-case basis in writing between parties. Project fees will be mutually agreed between parties in writing prior to the commencement of the project.
2. DOCUMENTATION:
TRIO COLLECTIVE EVENTS LLC shall provide estimates in writing for all works and a booking order. No works shall commence, nor venue bookings made, prior to the approval of the estimate by the client through a confirmed booking order signed by the client, and receipt of a Purchase Order, signed by the authorised personnel. This shall be construed as the final authorisation for the execution of works and thereby authorises TRIO COLLECTIVE EVENTS LLC to incur all third-party costs. TRIO COLLECTIVE EVENTS LLC shall raise all Invoices for the agreed activity.
3. PAYMENT:
3.1 All Estimates, Booking Orders and Invoices shall be raised in UAE DIRHAMS unless otherwise requested in an alternate currency.
3.2 All payments shall be made within 30 days from the date of invoice as follows unless agreed upon on different terms on the booking order and invoice.
All Invoices shall be paid in favour of:
BANK DETAILS: AED, TRIO COLLECTIVE EVENTS LLC, Mashreq Bank, Account Number: 019100914896, IBAN: AE980330000019100914896, Branch: ABU DHABI MAIN, Swift Code: BOMLAEAD
Please note: If the client is transferring in US Dollars and this has been agreed to by both parties at the point of booking, an alternative account will be provided for payment.
3.3 For any delay in payment, 2% interest shall be paid for every month or any part thereof, on the overdue amount. Where any outstanding monies stand due for a period of 90 days TRIO COLLECTIVE EVENTS LLC shall be entitled to stop work on any ongoing projects until all payments are brought up to date. During this time retainer fees are chargeable and payable in full within the set 30-day period as per our PAYMENT terms.
4. CANCELLATION:
In the event that the Purchase Order is cancelled by the client, TRIO COLLECTIVE EVENTS LLC shall be entitled to be reimbursed for all fees incurred to the date of cancellation. In addition, the Client will reimburse TRIO COLLECTIVE EVENTS LLC for any third-party charges or other expenses, or costs incurred by TRIO COLLECTIVE EVENTS LLC or to which TRIO COLLECTIVE EVENTS LLC is committed as well as any other charges imposed on TRIO COLLECTIVE EVENTS LLC by third parties arising from the cancellation. TRIO COLLECTIVE EVENTS LLC will use reasonable endeavours to mitigate any such third-party charges wherever possible.
5. CONFIDENTIALITY:
Clients commit not to disclose any information that may be shared with them by TRIO COLLECTIVE EVENTS LLC, including but not limited to negotiated rates, payment terms etc. to any third party, without the prior written consent of TRIO COLLECTIVE EVENTS LLC. Disclosure of TRIO COLLECTIVE EVENT LLC’s confidential information shall be limited to personnel to whom such disclosure is necessary for the performance of any contract and in such circumstances to ensure that those to whom any of its confidential information is disclosed are aware of the confidential nature of the information. All reasonable steps must be taken to prevent the unauthorized use of any of the Confidential Information or the dissemination or publication of any of the Confidential Information and securely to guard all relevant documents against theft, loss, or perusal by any unauthorized person. The provisions of this Confidentiality Clause do not prevent the disclosure of Confidential Information, which is made pursuant to any law or regulation, or order of a court of competent jurisdiction.
6. EXCLUSIVITY:
Clients will commit to exclusively work with TRIO COLLECTIVE EVENTS LLC on all related services during the duration of the contract period. In the case of the Client acquiring the services of a competing Agency or obtaining services directly from the suppliers of related services, for example, production, promoters, printing etc. the Agency will reserve the right to charge the Client the relevant Agency fees as per the FEES AND REMUNERATION clause within these Terms and Conditions.
7. REPRESENTATIONS, WARRANTIES AND INDEMNITIES:
TRIO COLLECTIVE EVENTS LLC represents and warrants that it has full right and authority to enter into and perform any contract and that there is no litigation either pending or threatened or active nor any other reason (including any contractual obligation to any third parties) which could or might interfere with TRIO COLLECTIVE EVENTS LLC’s full and timely performance of its obligations under any contract.
TRIO COLLECTIVE EVENTS LLC will perform all services to a first-class professional standard as recognized in the marketing industry. When performing its services TRIO COLLECTIVE EVENTS LLC will at all times comply with, observe and abide by the code of marketing standards laid down within the industry whether on a statutory or self-regulatory basis. The client agrees to indemnify and keep indemnified and to compensate
TRIO COLLECTIVE EVENTS LLC at all times from and against any costs (including legal fees), claims, losses, damages, liabilities or injuries suffered or threatened against TRIO COLLECTIVE EVENTS LLC arising from any breach by the Client of any of its obligations under these terms and conditions. In the event of any such claim involving the indemnity, TRIO COLLECTIVE EVENTS LLC will notify the Client of such claim. The Client will promptly adjust, settle, defend or otherwise dispose of such a claim at its sole cost. If the Client has been so notified and in the reasonable opinion of
TRIO COLLECTIVE EVENTS LLC is not diligently pursuing such matters, TRIO COLLECTIVE EVENTS LLC may take such action on behalf of itself and/or as the attorney for the Client to adjust, settle, defend or otherwise dispose of such claim and TRIO COLLECTIVE EVENTS LLC may at its election offset any of the costs incurred by TRIO COLLECTIVE EVENTS LLC as a result of such claims against any payments due to the Client under these Terms and Conditions or may forward to the client an invoice for such amount, in which case the Client shall immediately reimburse TRIO COLLECTIVE EVENTS LLC or the amount stated in that invoice.
8. INTELLECTUAL PROPERTY RIGHTS:
All material delivered by the Client to TRIO COLLECTIVE EVENTS LLC in connection with any Contract shall remain the property of the Client and are to be returned by TRIO COLLECTIVE EVENTS LLC to the Client upon completion of the contract unless otherwise stated by the Client in writing, All material developed by TRIO COLLECTIVE EVENTS LLC for the Client in connection with any Contract shall remain the property of TRIO COLLECTIVE LLC and are to be returned by the Client upon completion of the contract unless otherwise stated by TRIO COLLECTIVE EVENTS LLC in writing, provided the Client has paid all of its outstanding fees.
The Client shall acquire all necessary rights to all possible third-party rights in the material to be used by TRIO COLLECTIVE EVENTS LLC. All rights in and to the Intellectual Property Rights resulting from any Contract including the right to seek, obtain, secure and maintain Intellectual Property Rights in all countries in the world shall belong to the Client.
The Client agrees to indemnify TRIO COLLECTIVE EVENTS LLC against and to hold TRIO COLLECTIVE EVENTS LLC harmless from any and all claims, suits, actions or demands asserted against TRIO COLLECTIVE LLC and against all liabilities, costs and expenses incurred by TRIO COLLECTIVE EVENTS LLC in connection with the same (including, without limitation, any legal fees) arising directly or indirectly from any claim by third parties of infringement of any patent, trademarks, copyrights or designs or other industrial and/or intellectual property rights which may be attributable to the information or material provided by the Client to TRIO COLLECTIVE EVENTS LLC
9. FORCE MAJEURE:
Force Majeure shall mean unforeseen events which occur after the signing of any Contract and which are beyond the reasonable control of the Parties, including but not limited to, strikes, blockade, war, mobilization, revolutions or riots, natural disasters, global pandemics as defined by the World Health Organization and any local or international travel restrictions that may affect activation and organized events, refusal of license by Governments or other Governmental Agencies or other stipulations or restrictions by the authorities, insofar as such an event prevents or delays the affected Party from fulfilling its obligations and such Party is not able to prevent or remove the Force Majeure at reasonable costs. Any delay occurring in the deliveries of any third-party suppliers shall be regarded as Force Majeure only if such delay has been caused by events defined above. The Party affected by Force Majeure shall immediately take reasonable steps to limit or minimise the consequences of such Force Majeure. The Party claiming Force Majeure shall inform the other party in writing and without delay of the Force Majeure, at the time it begins and its probable duration. The end of the Force Majeure shall also be reported in writing. The Party who has claimed Force Majeure shall prove its effect on the fulfilment of any contract.
10. JURISDICTION:
Any dispute arising out of or in connection with any Contract, between Parties shall be subject to the non-exclusive jurisdiction of the Courts of the Dubai International Financial Centre. Each Party irrevocably submits to the jurisdiction of the DIFC Courts and waives any objection it may have to disputes arising out of or in connection with any Contract being heard in the Courts of DIFC.
11. OTHER MATTERS:
These Terms and Conditions shall not be modified or amended except by mutual agreement in writing signed by both parties.