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TERMS & CONDITIONS

 

ALL BOOKINGS WITH CREATIVE HUB STUDIO LIMITED ARE ACCEPTED UPON THE FOLLOWING TERMS AND CONDITIONS WHICH FORM THE CONTRACT BETWEEN CH AND THE CUSTOMER.

 

  1. INTERPRETATION

1.1 Definitions. In these Terms & Conditions, the following definitions apply: Business Day: A day (other than a  Sunday or public holiday)  Charges: The charges payable by the Customer for the supply of the Services in accordance with clause 5.

 

 

Commencement Date: Has the meaning set out in clause 2.2. Contract: The contract between Creative Hub Studio and the Customer for the supply of Services in accordance with these Terms & Conditions. Customer: The person or firm who purchases Services from Creative Hub Studio . Deliverables: The deliverables set out in the Order produced by Creative Hub Studio for the Customer, including the provision of the Premises and Equipment. Equipment: Any and all equipment as required by the Customer during the provision of the Services, and as set out in the Order. Intellectual Property Rights: All patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world. Creative Hub Studio Limited, a limited company incorporated in England and Wales and whose registered office is situated at Unit 7, Waterend Barns, Eversholt, Milton Keynes, MK179EA with company number 13438888. Creative Hub Studio Materials: Has the meaning set out in clause 4.1(e). Order: The Customer’s order for Services as set out in writing given to  the Customer by Creative Hub Studio, which shall include details of booking, including, but not limited to the date, Premises, catering and Equipment requirements. Premises: The space made available to the Customer as set out in the Order. Services: The services, including the Deliverables, supplied by Creative Hub Studio to the Customer as set out in the Specification. Specification: The description or specification of the Services as set out in writing given  to the Customer byCreative Hub Studio . Terms & Conditions: these terms and conditions as amended from time to time in accordance with clause 11.8.

1.2 Construction. In these Terms & Conditions, the following rules apply:

(a)  A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

 

(b)  A reference to a party includes its personal representatives, successors or permitted assigns;

 

(c)  A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

 

(d)  Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

 

(e) A reference to writing or written includes faxes and e-mails.

 

 

  1.     2.  BASIS OF CONTRACT

2.1 The Customer’s written notification of receipt of the Order constitutes an offer by the Customer to purchase Services in accordance with these Terms & Conditions.

 

2.2 The offer referred to in clause 2.1 shall only be deemed to be accepted when Creative Hub Studio  issues written acceptance at which point and on which date the Contract shall come into existence (Commencement Date).

 

2.3 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Creative Hub Studio  which is not set out in the Contract.

 

2.4 Any samples, drawings, photographs, descriptive matter or advertising issued by Creative Hub Studio  and any descriptions or illustrations contained in Creative Hub Studio brochures or website, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

 

2.5 These Terms & Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

 

2.6 Any quotation given by Creative Hub shall not constitute an offer, and is only valid for a period of 24 business Days from its date of issue.

 

  1. SUPPLY OF SERVICES

3.1 Creative Hub Studio shall supply the Services to the Customer in accordance with the Specification in all material respects.

 

3.2 Creative Hub Studio shall use all reasonable endeavours to meet any performance dates specified in the Specification, and shall make the Premises available for use by the Customer on any performance dates specified in the Specification, and time shall not be of the essence for performance of the Services.

 

3.3 Creative Hub Studio shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Creative Hub Studio shall notify the Customer in any such event.

 

3.4 The Customer acknowledges that:-

 

(a) It shall occupy the Premises in accordance with these Terms & Conditions as licensee and that no relationship of landlord and tenant is created between the Customer and CH;

 

(b) That CH retains control, possession and management of the Premises and the Customer has no right to exclude CH from the Premises;

 

(c) Any licence to occupy under these Terms & Conditions is personal to the Customer and not assignable.

 

  1. CUSTOMER’S OBLIGATIONS

4.1 The Customer shall:

 

  1. a)  Ensure that the terms of the Order and any information provided in the Specification are complete and accurate;

(b)  Co-operate with Creative Hub Studio in all matters relating to the Services;

 

(c)  Provide Creative Hub Studio with such information and materials as Creative Hub Studio may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;

 

(d)  Obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start: and

 

(e)  Keep and maintain all materials, Equipment, documents and other property of Creative Hub Studio (Creative Hub Studio Materials) at the Premises in safe custody, maintain Creative Hub Studio Materials in good condition, and not dispose of or use Creative Hub Studio Materials other than in accordance with Creative Hub Studios written instructions or authorisation.

 

4.2 If Creative Hub Studios performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

 

(a Creative Hub Studio shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Creative Hub Studios performance of any of its obligations;

 

(b Creative Hub Studio shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Creative Hub Studio s failure or delay to perform any of its obligations as set out in this clause 4.2; and

 

(c)  The Customer shall reimburse Creative Hub Studio on written demand for any costs or losses sustained or incurred by Creative Hub Studio arising directly or indirectly from the Customer Default.

 

(d) The customer cannot reserve Creative Hub Studio for exclusive use, although the customer can obtain a pencil for a period of one week starting from the written confirmation of the pencil. If the customer fails to communicate with the venue, the system will automatically release the space and will be potentially available for another booking or released to the 2nd option waiting in line.

 

  1. CHARGES AND PAYMENT

5.1 Charges for the Services shall be on a time and materials basis:

 

(a)  The Charges shall be calculated in accordance with Creative Hub Studios hourly rates, as set out in the Specification;

 

(b)  Creative Hub Studios Hourly rates are calculated on the basis of a 30 hour week and square footage

 

(d)  Creative Hub Studio shall be entitled to charge the Customer for any expenses reasonably incurred in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, expenses that occur on the date on which the Premises are made available to the Customer, including, but not limited to, additional Equipment or miscellaneous hardware, additional food and beverages, cleaning costs, crockery costs, couriers, printing costs and additional time during which the Services are provided, and for the cost of services provided by third parties and required by Creative Hub Studio for the performance of the Services, and for the cost of any Creative Hub Studio Materials.

 

5.2 Creative Hub Studio reserves the right to increase its hourly fee rates from time to time. Creative Hub Studio will give the Customer written notice by e-mail of any such increase prior to the Customer placing an Order.

 

5.3 Creative Hub Studio shall invoice the Customer in arrears of the Services at the end of every calendar month.

 

5.4 The Customer shall pay each invoice submitted by Creative Hub Studio

 

(a)  In full and in cleared funds to a bank account nominated in writing by Creative Hub Studio, and

 

(b) Time for payment shall be of the essence of the Contract.

 

5.5 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by Creative Hub Studio to the Customer, the Customer shall, on receipt of a valid VAT invoice from Creative Hub Studio, pay to Creative Hub Studio such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

 

5.6  Without limiting any other right or remedy of Creative Hub Studio, if the Customer fails to make any payment due to Creative Hub Studio under the Contract by the due date for payment (Due Date), Creative Hub Studio shall have the right to charge interest on the overdue amount at the rate of 8% per cent per annum above the then current Bank Of England base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.

 

5.7  The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against Creative Hub Studio in order to justify withholding payment of any such amount in whole or in part. Creative Hub Studio may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by Creative Hub Studio to the Customer.

 

  1. INTELLECTUAL PROPERTY RIGHTS

6.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by Creative Hub Studio.

 

6.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer’s use of any such Intellectual Property Rights is conditional on Creative Hub Studio obtaining a written licence from the relevant licensor on such terms as will entitle Creative Hub Studio to license such rights to the Customer.

 

6.3 All Creative Hub Studio Materials are the exclusive property of Creative Hub Studio.

 

  1.   CONFIDENTIALITY

7.1 A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 7 shall survive termination of the Contract.

 

  1.   LIMITATION OF LIABILITY

8.1 Nothing in these Terms & Conditions shall limit or exclude Creative Hub Studio liability for:

 

(a)  Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

 

(b)  Fraud or fraudulent misrepresentation; or

 

(c) Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

 

8.2 Subject to clause 8.1:

 

(a)  Creative Hub Studio shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss, including loss arising out of or in connection with loss of opportunity or time, arising under or in connection with the Contract; and

 

(b Creative Hub Studio  shall under no circumstances whatsoever be liable to the Customer for any illness incurred as a result of a food allergy or intolerance to any food supplied by Creative Hub Studio and consumed by the Customer or any third party on the Premises.

 

(c)  Creative Hub Studio total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Services.

 

8.3 Whilst every care is taken by Creative Hub Studio to ensure the safety of all persons whilst on the premises, Creative Hub Studio takes no responsibility for the well-being for any person who behaves in a careless manner which may cause either danger to themselves or others.

 

8.4 The Customer accepts responsibility for ensuring that they have adequate insurance including public liability insurance in place for the use of the Premises.

 

8.5 Except as set out in these Terms & Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

 

8.6 This clause 8 shall survive termination of the Contract.

 

  1. TERMINATION

9.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:

 

(a)  The other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing of the breach;

 

(b)  The other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

 

(c)  The other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

 

(d)  A petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

 

(e)  The other party (being an individual) is the subject of a bankruptcy petition or order;

 

(f)  A creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

 

(g)  An application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);

 

(h)  A floating charge holder over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;

 

(I)  a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;

 

(j)  Any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 9.1(b) to clause 9.1(I) (inclusive);

 

(k)  The other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or

 

(l)  The other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

 

9.2 Without limiting its other rights or remedies, Creative Hub Studio may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.

 

9.3 Without limiting its other rights or remedies, Creative Hub Studio shall have the right to terminate the Contract by giving the Customer one months’ written notice.

 

9.4  Without limiting its other rights or remedies, Creative Hub Studio shall have the right to suspend provision of the Services under the Contract or any other contract between the Customer and Creative Hub Studio if the Customer becomes subject to any of the events listed in clause 9.1(b)) to clause 9.1(l), or Creative Hub Studio reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

 

  1. CONSEQUENCES OF TERMINATION

10.1 Dates cannot be changed or rescheduled.

 

  1. If the client cancels a booking 4 weeks or more in advance of the date in question, they will not be charged the full rate. They will be liable for the deposit element only.
  1. If the client cancels a booking less than 4 weeks in advance, the full day rate will be charged.
  1. If Creative Hub Studio cannot operate as a premise, CH will issue a credit note to the value of 50% of deposits received for the dates they are unable to fulfil.
  1. Creative Hub Studio will not be liable for any losses client incurs if we are unable to provide the venue

10.2 On termination of the Contract for any reason:

 

(a)  The Customer shall immediately pay to Creative Hub Studio all of Creative Hub Studio outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Creative Hub Studio shall submit an invoice, which shall be payable by the Customer immediately on receipt;

 

(b)  The Customer shall return all of Creative Hub Studios Materials and any Deliverables in its possession which have not been fully paid for. If the Customer fails to do so, then Creative Hub Studio may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;

 

(c)  The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

 

(d)  Clauses which expressly or by implication have effect after termination shall continue in full force and effect.

 

  1. DAMAGE

11.1 Any damage to Creative Hub Studios property by a third party contracted by the Customer will be the responsibility of the Customer and a charge made. A charge will also be made for any property removed.

 

11.2 Creative Hub Studio accepts no responsibility for loss or damage to the Customer’s property left on the Premises or the Premises unless caused by the negligent acts or omissions of Creative Hub Studio

 

11.3 The Prior consent of Creative Hub Studio is required for any services contracted by the Customer to ensure compliance with any relevant statutory codes and regulations.

 

  1. GENERAL

12.1 Force majeure:

 

(a)  For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Creative Hub Studio including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Creative Hub Studio or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

 

(b)  Creative Hub Studio shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

 

(c)  If the Force Majeure Event prevents Creative Hub Studio from providing any of the Services for more than 4 weeks, Creative Hub Studio shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

 

12.2 Assignment and subcontracting:

 

(a)  Creative Hub Studio may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

 

(b)  The Customer shall not, without the prior written consent of Creative Hub Studio, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

 

12.3 Notices:

 

(a)  Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by e-mail to the parties last known e- mail address, or sent by fax to the other party’s main fax number.

 

(b)  Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by email, on the date it was sent, or if sent by fax, on the next Business Day after transmission.

 

(c)  This clause 12.3 shall not apply to the service of any proceedings or other documents in any legal action.

 

12.4 Waiver:

 

(a)  A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

 

(b)  Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

 

12.5 Severance:

 

(a)  If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

 

(b)  If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

 

12.6 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

 

12.7 Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.

 

12.8 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by Creative Hub Studio.

 

12.9  Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

 

CREATIVE HUB STUDIO

7 Water End Barns, Water End, Eversholt, Milton Keynes MK17 9EA

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