Terms of Service
These are the terms and conditions subject to which we (Bonacci Agency Pty Ltd T/a Ciao Stella) allow you (the Hirer) to hire our equipment and/or provide event management or styling services.
1. DEFINITIONS
1.1 ‘Contract’ – the document or documents setting out the services to be provided by us together with these terms and conditions and signed agreement.
1.2 ‘You’, ‘Client’, ‘Hirer’ – the person, company, or organisations engaging our services, invoiced and responsible for payment, signing of this Contract, and fulfilling the booking requirements for the Contract.
1.3 ‘We’, ‘Us’ – Ciao Stella (Trading under Bonacci Agency Pty Ltd). Located at 326 York Street, SALE, VIC, 3850
1.4 Our ‘Services’ – business providing rental items (defined above as categories, “Items”), event planning and styling services (defined above as Installation and Retrieval and Logistics, “Services”), and other design services outlined in the itemised invoice provided (herein referred to as the “Invoice”).
1.5 Our ‘Suppliers’, ‘Third Party’ – recommended or preferred suppliers or contractors we work with to provide a service or product.
1.6 Our ‘Equipment’ – anything and everything from our backdrops and plinths to napkins and vase. The pieces you have hired for your event.
2. FEES AND CHARGES
2.1 To secure your booking, you must pay the non-refundable deposit invoice of 50% upon signing this contract unless otherwise agreed in writing, within 14 days. The final amount must be paid a minimum one month prior to the event day. Payment plans can be arranged on request.
2.2 Work will not be confirmed until both the initial deposit has been received and signed contract returned.
2.3 You agree to our payment schedule, of within 14 days, and to pay invoice(s) in accordance with the terms stated on the invoice . We reserve the right to charge interest of 10% per annum on any overdue amounts.
2.4 All invoice enquiries/ discrepancies must be addressed within 7 days of invoice date. The client will ensure that any disputes relating to a specific invoice will in no way delay the payment of any remaining and outstanding invoices that are due and payable within the agreed terms.
2.5 Should hours or work exceed the original forecast you will be notified prior to work continuing and charged accordingly - base rate for additional work $120 (ex GST) per hour.
2.6 For events where equipment and/or services are booked with less than 30 days’ lead time full payment is required immediately upon signature of the contract, including the bond amount – if applicable.
2.7 If equipment is not returned within 2 business days of the hire period, the hirer will be liable for the full cost of replacement with new equipment for each item and the staff and delivery costs for replacement.
2.8 Payment of invoices from third party suppliers or contractors are to be confirmed between both parties, the client, and Ciao Stella, with the following:
2.8a Payments made by Ciao Stella to a third party supplier or contractor will incur a 25% administration fee on top of the service provider’s costs and accrued within the next invoice period of our services to you;
2.8b Should you wish to engage directly with third party or contractors for services outside of our capacity (such as catering, entertainment, venue hire, floristry, etc) we are happy to provide you with recommendation however it is up to you to make the necessary payments and adhere to their terms and conditions. Should said service provider be unable to fulfill their commitment which subsequently causes disruption to the event, it is up to you to rectify. Any delays to our work may incur a fee.
2.9 All bonds are in addition to the list retainer fee and will be included on your final invoice, one month prior to your event, and held as security against damage to the equipment.
2.9a We aim to have all bond payments returned to our clients within 3-5 business days of the conclusion of the event or when all equipment is returned in a satisfactory condition, whichever is the last to occur.
2.9b If we deem any damage to our equipment has occurred during your hire period and is of significant cost outside of the bond amount, you authorise us to use the bond to restore equipment as detailed in clause 5.5.
2.10 Any damaged costs or additional services rendered will be invoiced separately to hire must be paid within 7 days of invoice. This does not limit your liability and all restoration costs above the amount of bond held remain the responsibility of the hirer.
2.11 All amounts are listed EX GST. Invoices will list an additional 10% to cover taxes payable in relation to provision of non-exempt good and services.
2.12 Should your order change the week leading into your event we reserve the right to charge a rush fee of 25% of the equipment and/ or service provided.
3. CONTRACT SPECIFIC TERMS
3.1 Commencement of Contract
3.1a The contract starts when you have agreed to use our services by providing us with a signed copy of this agreement by which you agree to keep these conditions.
3.1b Ciao Stella is purely a contractor, and not a business partner or in any other relationship with the client and is not an employee, agent, or partner of the client.
3.2 Completion or Termination of Contract
3.2a We may terminate this contract immediately if:
· You commit a breach of this agreement which in our reasonable opinion is incapable of rectification,
· or fail to remedy a breach within 7 days of our written notice requiring you to do so,
· or as a company you become bankrupt or enter into a voluntary agreement with creditor or receiver is appointed, or you cease business.
Under these circumstances the agreement will end immediately, and we will recover all outstanding costs from you up to and including the termination date without any set off or deduction whatsoever.
3.2b Change of date: Subject to written notice to Ciao Stella, we may agree to a change of date. In this case work completed to date will be payable upon receipt of an invoice or proposal and you will be re-quoted on any additional hours or work required along with any cost variations from suppliers (if applicable). The Client(s) further understands that last minute changes can impact the quality of the event and Ciao Stella is not responsible for these compromises in quality and may incur a fee.
3.2c Ciao Stella will do its utmost to ensure that your event goes ahead however, if a supplier pulls out at a late date, we will try to find a replacement but will not be liable. A contract of services, whether supplied by you or the supplier, will be issued to provide a set of guidelines should either party opt out of the contract and address any liabilities for doing so. No contracts that will impact the event will be signed off without consultation with between us and our clients.
3.2d Inclement weather: should the client or supplier or contractor decide to cancel or change the date due to inclement weather the client will abide by terms and conditions as outlined in this contract as well as those with other third parties regarding outstanding costs.
3.2e COVID-19: In the case that the event or activity is cancelled or postponed due to state or federal government regulations specific to COVID-19, which include but are not limited to travel restrictions, border closures, ban on public gatherings or capped numbers in hospitality venues, we have the right retain monies paid due to work already underway although unable to complete. Should a COVID-19 safe plan be required we will provide guidance and advice on completing the paperwork however will not be held liable should permit not be successful – please note that plans and regulations vary from state to state (in Australia)
We will do our utmost to ensure the event is compliant and safe, meeting any state or federal government restrictions in place, however if we deem the event to be unsafe or not compliant at any point during planning phases or on event day, we will express our concerns in write to you and have the right to cancel our services.
3.2f In the event that you need to cancel your event and a change of date is not agreed upon:
· a Minimum of 30 days prior to commencement of the event, we will retain the 50% deposit of the contracted amount paid;
· Within 0-29 days of the commencement of the event, the full contracted amount is payable; and
· Any bond payments made will be fully refunded.
3.2g The termination of this agreement will not prejudice any rights or remedies we have already accrued under or in respect of any breach of this agreement.
4. YOUR RESPONSIBILITY
4.1 In providing our services, any reasonable instruction given to you by us must be followed. If you or your guests fail to follow our reasonable instructions, resulting in loss or damage, you will be liable for said loss or damage.
4.2 For external event supplier(s); we advise you to respect their terms and conditions and payment schedule.
4.2a Both parties are required to adhere to the external event suppliers’ (those providing items outside of those provided by Ciao Stella) terms and conditions. Ciao Stella will not be held liable for any damages caused to external supplier products.
4.2b If you have agreed to make direct payment to event suppliers, you must ensure suppliers have received the required funds invoiced as per their payment schedules. We cannot be held liable if you fail to clear the necessary funds in time to meet these obligations and the supplier then withdraws their service which we will therefore not be held liable for any outstanding payments to suppliers on your behalf.
4.3 Upon booking, we will advise how long your chosen package will take to set up and pack down and the time of day in which this will happen. For venue-based events, you will need to confirm this with your venue prior to the event week so we can accommodate this into our schedule. Any delays on the day may incur a fee.
4.3a It is the responsibility of the hirer to confirm the condition of all equipment is undamaged prior to the hire period and that all equipment is present at the time of pick up, delivery or set up as detailed in the quotation.
4.4 If there is a defect, incorrect or missing equipment we must be notified along with specific details of the issue.
4.4a If we are not notified within 1 hour of you gaining possession, this will be taken as agreement that the equipment provision requirements of this agreement have been met.
4.4b We will not be liable for any loss due to equipment covered by this clause.
4.5 All equipment must remain protected from weather and any items that are not useable due to weather will still incur the full hire fee. We will work with you to of the equipment hired due to weather but make no guarantees on substitutions.
5. EQUIPMENT, USEAGE & DAMAGES
5.1 We own the equipment and hire it to you for the hire period, for a fee detailed in the proposal. You may not deal with the equipment in any way which is contrary to our ownership of it.
5.2 Equipment must only be used at the site/s specified in the proposal, may not be sub hired without our consent, and must only be used for its normal function as determined by us.
5.3 Risk in the equipment passes immediately to you when the equipment leaves our possession, and you are responsible for care of all items. You remain responsible until the equipment is safely returned to our possession.
5.3a Leaving our possession is defined as when you or a representative physically come in contact with equipment at our facility, you interfere with the item during our set up at the site, we communicate that we have completed set up at the site or we leave the site.
5.3b Returned possession is when we formally acknowledge that all equipment is returned to our facility, or we commence pack up at your site.
5.3c Interfering with our pack up will be deemed interfering with our possession and further acceptance on your part of risk in the equipment.
5.3d. To ensure the safety of you and our equipment, we will provide additional items (at no cost) such as sand bags, pegs, and weights. We ask you ensure these stay in place for the duration of the event.
5.5 All damage to or loss of equipment during the hire period will be the financial responsibility of the hirer, regardless of party at fault unless it can be proven the damage or loss was due to the actions of Ciao Stella or our representative who was acting as our representative at the time of damage. Damage liability includes damage due to weather or other natural events.
5.5a Any damage discovered after a hire period will be deemed to have been the responsibility of the most recent hirer, up to one month post hire.
5.5b Replacement, repair or cleaning will be at our discretion and costs will be passed on in full to the hirer. Costs include staff time and delivery to restore equipment to the original condition.
5.6 Any theft or damage by third parties must be reported to us and the police immediately. In the event this occurs, clause 5.5 applies.
5.7 At no time are fabrics to be cleaned by the hirer without our written permission.
5.8 All equipment must be returned in a reasonably clean manner as determined by us.
5.8a Equipment must not be covered in rice, confetti, glitter, wax, pen, marker or similar foreign objects that were not on the equipment prior to hire.
5.8b Blackboards must be free of all writing and dust.
5.8c If unsure of the state of cleanliness required for each piece of equipment or the method of cleaning you must contact us for instructions.
5.8d All damage during cleaning of equipment while in your possession will result in fees being passed on to you as specified in clause 5.5.
5.9 If equipment fails during the hire period, we are to be notified immediately and we will endeavour to repair or replace the equipment. If the equipment failure is not proven to be a manufacturing fault, clause 5.5 will apply.
6. LABOUR, DELIVERY & OTHER SERVICES
6.1 Not all items are available for collection by the client as some items are heavy and fragile. This means they need to be cared for in a particular way to ensure they arrive in one piece to your event, as well as returned in their original state.
6.2 If you elect to pick up the equipment from our facility, we are not required to aid loading or unloading the items. This includes no mechanical aides.
6.3 Delivery and Pick-up fees are listed on the proposal. This is charged at $1.50 per kilometre to and from our warehouse in Sale, VIC, 3850.
6.3a Delivery times are to be confirmed a minimum 2 weeks prior to the event with your chosen venue for scheduling purposes.
6.3b Deliveries to the event site does not guarantee we will install and/ or pack down the hired equipment and will be changed accordingly or as listed in your chosen package.
6.3c You or your approved representative must be at the site to accept delivery of the equipment. No equipment will be left unattended unless agreed to in writing prior to the event.
6.3d If delivery cannot be completed during the first attempt, an additional cost for additional attempts will be the responsibility of the hirer.
6.3e Delivery times are as set out in the quotation, contract or by variation in email. Any variation to delivery within 5 business days of the agreed delivery time, may incur additional fees at our discretion.
6.3f If set up or pack up is to be undertaken by us and cannot occur at the time specified in the quotation due to any party other than us, additional fees will be charged to the hirer at our discretion.
6.3g If we are not able to provide equipment at the time specified in the quotation or variation, we will not be liable for loss incurred by the hirer.
6.4 If workplace health and safety requires, overnight accommodation for our representatives as part of fulfilling your requirements as detailed in the quotation, you will be notified and the full cost of this will be passed on to the hirer.
6.5 If equipment is returned after the hire period has concluded, the full daily hire fee will be payable for each day or part thereof that the return is delayed.
7. LIMITS OF OUR LIABILITY
7.1 While we always aim to deliver a high quality service and client satisfaction, there are some things for which we unable to accept responsibility. We provide the deliverables to you on an as-is basis and make no promise or guarantee that they will be fit for, or achieve, any particular purpose.
7.2 Ciao Stella cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period.
7.3 We will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you in any event will not exceed the amount of fees invoiced and paid to us in connection with the project in question. Specifically, we will not be responsible or liable to you for damages or loss caused by:
your use of the designs and deliverables in ways that are not covered by the licences granted to you,
anything done by us on your instructions, or using material you provided to us,
any breach of these terms and conditions by you,
any legal, governmental, contractual, or other approvals that were required but which you did not obtain, and you will keep us indemnified for all damages, costs, fees, expenses, and legal fees on an indemnity basis that we incur due to any of these specific actions and omissions.
7.4 The liability of Ciao Stella in respect of any breach of the contract including any applied terms shall not extend to any consequential loss whatsoever suffered by the client or their guests.
8. INSURANCE
We have Public Liability insurance up to the sum of $20 Million AUD & Professional Indemnity up to the sum of $2 Million AUD.
9. FORCE MAJEURE
9.1 No Party of the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to; power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, COVID-19, pandemic, or any other event that is beyond the control of the Party in question.
9.2 If a Party to the Agreement cannot perform their obligations thereunder as a result of force majeure, the other Party may at its discretion terminate the Agreement by written notice. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all services rendered up to the date of termination. Such payment shall consider any prior contractual commitments entered into in reliance on the performance of the Agreement.
10. CONDITIONS
10.1 If any of these conditions is or becomes for any reason, wholly or partly invalid, that condition shall to the extent of the invalidity be severed without prejudice to the continuing force and validity of the remaining conditions.
10.2 The contract and these conditions shall be governed by and construed and take effect in accordance with the laws of the State of Victoria.