M&L Management Terms and Conditions
TENTRIX and PARTYSONIC are musical acts of M&L Management and except for the standard number of musicians*, these terms and conditions are identical for both acts.
In these Conditions:
(a) PARTYSONIC means M&L Management - ABN 16 244 152 273;
(b) The Client means COMPANY or PERSON(s) contracting services from PARTYSONIC;
(c) The Event refers to the SOCIAL AFFAIR where PARTYSONIC will perform;
(d) Location means the exact spot(s) where PARTYSONIC will perform from during the Event.
(e) The Fee, which unless otherwise noted is expressed in Australian Dollars and represents the total amount charged by PARTYSONIC to provide the services to The Client.
(f) The Services refers to the musical entertainment provided by PARTYSONIC.
First the things you should know (very important):
- To provide the top quality sound PARTYSONIC is famous for, PARTYSONIC needs to have access to the Location at least 180mins (three hours) prior to the beginning of the Event to set up sound and lighting equipment and sound check. In the case of a wedding, if the wedding ceremony takes place at the same venue as the reception, the 180mins set up time should be counted prior to the beginning of the wedding ceremony even when PARTYSONIC is not performing at the wedding ceremony. This time is not included in the performance time and it is provided as part of the agreed fee.
For example, if you book PARTYSONIC from 5pm, PARTYSONIC needs clearance from all parties necessary to have access to the Location and start setting up at 2pm. If for any reason(s) beyond PARTYSONIC's control, PARTYSONIC is not allowed to start setting up at least 180 mins prior to its performance (for example, the restaurant is serving regular lunch and the room is packed with patrons), PARTYSONIC may have to use up some of the performance time to do so. In this case, PARTYSONIC will not extend the performance length beyond the contracted ending time to compensate for any amount of the performance time used to set up.
- The Client is responsible for providing meals to the musicians contracted + any other PARTYSONIC staff member (ie: roadie, truck driver, audio engineer). If you are using a professional caterer, let them know that "staff meals" will be enough. At least one meal can NOT be seafood as one of PARTYSONIC's musicians is allergic to seafood. PARTYSONIC musicians and staff members don't drink alcohol on duty.
- PARTYSONIC performs standardly as a 5-piece band. PARTYSONIC can also perform as a 2, 3, 4, 6 and 7-piece or a larger line-up if requested by the Client (adding full brass section, string quartet, etc). This request must be specified by the Client prior to booking PARTYSONIC.
- PARTYSONIC performs in one single Location. The client needs to ensure that PARTYSONIC receives clear instruction on where exactly the Client wants PARTYSONIC to perform from (Location). The performance Location can't be changed once sound and lighting equipment are set up.
- PARTYSONIC can also perform in two or more locations if requested by the Client. This request must be specified by the Client PRIOR to booking PARTYSONIC.
- PARTYSONIC will provide all sound and lighting equipment necessary to its performance.
- PARTYSONIC will provide 1 (one) microphone for speeches and announcements.
Now the legal stuff:
1. When booking PARTYSONIC, the Client agrees to engage PARTYSONIC in consideration of the fee to procure the services of the Performers for the Event.
2. References to the Performers when used in this Terms and Conditions will also mean entertainer, artist, group, staff or any person required to be engaged as part of the performance.
3. These Terms and Conditions are deemed to have been accepted in its entirety by the Client when booking PARTYSONIC unless amendments are received and agreed to in writing by PARTYSONIC within seven days of booking confirmation.
4. In consideration of the Client procuring the services of the Performers, the Client shall pay the Fee to PARTYSONIC as follows unless otherwise agreed in writing:
(a) Booking deposit in the agreed amount. This deposit is not a booking fee and will be credited to the total price quoted. Failure to pay the booking deposit will mean the Performers are not committed to an agreement with the Client and are free to accept alternative engagement(s). The booking deposit is non-refundable. A total or partial booking deposit refund exception may apply according to M&L Management discretion. M&L Management decision on booking deposit refund is final and indisputable.
(b) The remaining balance of the fee and charges must be paid no later than fourteen (14) days prior to the event. PARTYSONIC reserves the right to cancel the Performer’s appearance at the Event, if payment in full is not received by the due date(s).
(c) Payment may be made by electronic funds transfer (EFT) or in person via direct deposit into M&L Management's bank account as per follow:
Account name: ML Management; Bank: ANZ; BSB: 012315; Account: 282830677
(d) In the case of the date of the Event occurring within four (4) weeks of the booking date, then payment in full must be paid upon booking. Failure to pay the full Fee means the Performers are still not committed to an agreement with the Client and are free to accept alternative engagement(s).
5. If the Client cancels the Event or the engagement of the Performers for any reason, the cancelation notice must be sent to PARTYSONIC in writing to cancel@PARTYSONIC.com.au. And the Fee payable is as follows:
(a) If the cancellation notice is received more than 60 days prior to the Event: 50% of the Fee;
(b) If cancellation notice is received 45 days or less but more than 30 days prior to the event: 75% of the Fee;
(c) If cancellation notice is received 30 days or less prior to the event: 100% of the Fee.
6. If PARTYSONIC terminates this agreement (other than by reason of breach of agreement by the Client), all monies paid by the Client shall be refunded.
7. The rights of the Client on termination of an agreement by PARTYSONIC shall be limited in all cases to a refund of monies paid by the Client to PARTYSONIC and the Client shall have no further claim against PARTYSONIC or the Performers whatsoever. The Client acknowledges that PARTYSONIC may terminate an agreement where the Client fails to pay any part of the fee in accordance with terms and conditions and in any such event, PARTYSONIC shall be entitled to retain all monies paid by the Client to PARTYSONIC in respect to the services agreed upon.
8. If for any reason (including illness, emergency, overriding obligation, binding professional responsibility, force majeure) the Performers cannot fulfill the outlined engagement, PARTYSONIC will be responsible to use its best endeavors to source and provide comparable services for the engagement to the satisfaction of the Client. Should PARTYSONIC be unable to source or provide comparable services, PARTYSONIC shall refund all monies paid by the Client.
This terms and conditions are governed by the laws of the State of NSW in the Commonwealth of Australia.
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PARTYSONIC respects the Guidelines suggested by the Australian Direct Marketing Association, in it's Code of Practice for Consumer Protection in ecommerce.
In line with those guidelines, PARTYSONIC would like you to be aware of the information we collect to provide your service. We do not provide third parties with access to your personal data, with the obvious exception of third party business partners such as the PARTYSONIC website host.
Information collected by PARTYSONIC
Your contact information, including:
1. named individuals and businesses
3. fax numbers and
4. email addresses
5. Information about what services you have ordered from PARTYSONIC
6. Information about what services you have enquired
7. Your interest in receiving PARTYSONIC email newsletters
8. Correspondence between you and PARTYSONIC
9. A customer relationship management system in which details of conversations might be written by employees
10. Encrypted credit card details
11. Your accesses to our websites
What PARTYSONIC does with your information:
We do not disclose your personal information to third parties, with the obvious exception of third party business partners such as the PARTYSONIC website host.
We will contact relevant people to communicate billing and technical issues
We store website data and email only for use as back-up data should it be required
We may customise our email newsletters and communications to reflect your interest in a particular service
We access historic correspondence and details about earlier conversions in response to customer service issues and, to conform to the edicts of the law or comply with legal process served on PARTYSONIC.
We store encrypted credit card details to allow us to process payment to our services
We monitor and store your online requests for webpage’s and services for research and to keep a history of your transactions with the business
As a customer of PARTYSONIC you will receive occasional email communications from us that relate to the services we provide to you.