These terms and conditions (“Agreement”) govern your use of services provided by Smart Event Management (“Business”), including event management, live streaming, audio visual hire, and production services. By engaging our services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.
1. Definitions
1.1. “Business” or “Smart Event Management” – JOSHUA ROBERT SMART, Trading as Smart Event Management (ABN 32 950 945 817)
1.2. “Client” – the Organisation or Person engaging the services of Smart Event Management
1.3. “Event” – a function, event, production, performance, concert, conference, gathering, meeting, occasion or any other activity for which Smart Event Management is engaged to perform services
1.4. “Event Date” – the date of the first day of the event
1.5. “Venue” – the space where the event is to take place
1.6. “Property” – any property being used, hired, borrowed, loaned as well as any other property that is owned or cross-hired by Smart Event Management including buildings, vehicles, and equipment
1.7. “Invitees” – anyone who attends an event, whether or not expressly invited
1.8. “Services” – services including, but not limited to, rigging, lighting design, on-site setup and pack down of equipment, audio visual operations, audio and video production, video editing, live streaming services
1.9. “Cross-hired Property” – any property hired from other businesses for the purpose of providing services to the Client
2. Services
2.1. Smart Event Management agrees to provide event management, live streaming, audio visual hire, and production services as agreed upon in writing with the Client.
2.2. The scope of services, including deliverables, timelines, and pricing, will be outlined in a proposal or quote. This includes any site visits, consultations, or technical assessments necessary to define the project scope.
2.3. Changes in project scope or additional services requested after the initial agreement will be documented and may affect costs, timelines, and deliverables.
3. Payment Terms
3.1. The Client agrees to pay Smart Event Management for services rendered.
3.2. Payment is by cash, direct deposit or PayID.
3.3. Payment terms, including any advance payments, deposit requirements, invoicing schedule, and accepted payment methods, will be specified in the proposal.
3.4. Late payments will incur 10% interest per year, calculated and invoiced monthly until paid.
4. Cancellation and Rescheduling
4.1. The Client may cancel the Event by providing written notice to Smart Event Management. If cancellation occurs:
- More than 30 days before the Event Date, the Client will be refunded any deposit paid, less a 15% service charge.
- Between 15 to 30 days before the Event Date, 50% of the total service fee is payable.
- Less than 15 days before the Event Date, 100% of the total service fee is payable.
4.2. Smart Event Management reserves the right to cancel or reschedule the Event due to unforeseen circumstances or events beyond its control. In such cases, Smart Event Management will notify the Client at the earliest opportunity. The Client will be entitled to a full refund of any payments made or reschedule the event without additional charges, subject to availability.
4.3. Non-recoverable expenses include any costs that Smart Event Management has incurred in preparation for the Event which cannot be recovered post-cancellation or rescheduling. This includes, but is not limited to, equipment hire, permits, and subcontractor fees.
4.4. All notices of cancellation or rescheduling must be provided in writing and will be effective upon receipt by Smart Event Management. Smart Event Management will confirm receipt of the notice and communicate any applicable charges as per this Agreement.
5. Process for Changes to Scope or Timeline
5.1. Any request for changes to the event scope, design, timeline, or deliverables must be submitted in writing by the client. Smart Event Management will assess the feasibility of the requested changes and their impact on the event cost and timeline.
5.2. If the changes are feasible, Smart Event Management will provide a revised proposal, including adjustments to the event cost and timeline. The client must approve the revised proposal in writing before any changes are implemented.
5.3. Any additional costs resulting from the changes will be clearly outlined in the revised proposal. Smart Event Management will provide an estimated adjustment to the event timeline based on the scope of the changes.
5.4. The client acknowledges that changes may result in delays to the event timeline.
5.5. Requests for changes may be subject to limitations if they significantly alter the project scope or if they are requested too late into the event timeline.
6. Intellectual Property
6.1. All intellectual property rights in the designs, documentation, systems, and products created, used, or provided by Smart Event Management in the course of providing services or products, including but not limited to technical drawings, designs, show files, schematics, and software, remain the property of Smart Event Management or its licensors.
6.2. The client is granted a non-exclusive, non-transferable licence to use any such intellectual property solely in connection with the services or products provided by Smart Event Management.
6.3. Where Smart Event Management is required to use the client’s intellectual property (such as logos, brand names, or proprietary technology) to fulfil its services, the client grants Smart Event Management a limited, non-exclusive licence to use such intellectual property for the purpose of providing the agreed services.
6.4. Both parties agree to keep confidential any proprietary information or trade secrets disclosed during the course of the event and not to disclose them to any third parties without prior written consent from the owner of such information.
6.5. The client shall not replicate, redistribute, or otherwise use the intellectual property provided by Smart Event Management for any purposes outside the scope of the agreed services without prior written consent from Smart Event Management. This includes, but is not limited to, reverse engineering of systems, resale of software or documentation, and use of designs for purposes not originally intended.
6.6. In the event that either party becomes aware of any infringement or potential infringement of the intellectual property rights related to the services or products provided, that party shall promptly notify the other party. Smart Event Management will take appropriate action to protect its intellectual property rights and shall have sole discretion in deciding whether to pursue legal action for such infringement.
6.7. The obligations and rights under this section shall survive the completion, termination, or expiration of the event.
7. Limitation of Liability
7.1. Smart Event Management’s liability for any claim related to the products or services provided shall be limited to the cost of replacing or repairing the product or re-performing the service.
7.2. Smart Event Management shall not be liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of profits, data, or use, whether in an action in contract or tort, arising out of or in connection with the use or performance of its products or services.
7.3. The client agrees to indemnify and hold Smart Event Management harmless from any claims, damages, expenses (including reasonable attorney fees), or liabilities arising from the client’s misuse of the products or services, violation of this agreement, or violation of any third-party rights.
8. Client Obligations
8.1. The client is required to provide all necessary information, specifications, and decisions relevant to the event in a timely manner. This includes but is not limited to room layouts, specific equipment preferences, run sheets, content and expectations. Delay in providing such information may impact event timelines and costs.
8.2. The client must ensure that Smart Event Management personnel have timely and safe access to the venue(s) as required for assessment, setup, operation, and pack down. Any restrictions or special requirements for access must be communicated to Smart Event Management in advance.
8.3. The client is responsible for informing Smart Event Management of any known or potential hazards at the venue prior to the commencement of any work. This includes, but is not limited to, structural weaknesses, hazardous materials, electrical risks, or any other conditions that may pose a risk to the safety and wellbeing of Smart Event Management personnel or impact the execution of the event.
8.4. The client is responsible for preparing the venue according to the specifications provided by Smart Event Management. This may include ensuring the availability of electrical outlets, network connections, and other infrastructure as advised.
8.5. The client must ensure that all aspects of the event, including the installation and use of audio visual equipment, comply with relevant local, state, and federal laws and regulations. This includes obtaining any necessary permits or approvals for the setup and operation of the equipment.
8.6. The client is expected to maintain open and timely communication with Smart Event Management throughout the duration of the event. This includes promptly notifying Smart Event Management of any concerns, changes in requirements, or issues that may arise.
8.7. The client agrees to respect the intellectual property rights of Smart Event Management and its suppliers. This includes not replicating, distributing, or using proprietary designs, software, or documentation without permission.
8.8. The client is responsible for maintaining adequate insurance coverage for the event, including coverage for the equipment and setup process.
8.9. The client agrees to indemnify Smart Event Management against any claims or damages arising from the client’s failure to fulfill their obligations as outlined in this agreement.
9. Force Majeure
9.1. Neither party shall be liable for any failure or delay in performing its obligations under the contract due to unforeseen events beyond their reasonable control (force majeure events), such as natural disasters, war, government regulations, epidemics, or utility failures.
9.2. Upon occurrence of a force majeure event, the affected party must promptly notify the other, outlining the nature of the event and its expected impact on their obligations.
9.3. The performance of the affected party’s obligations will be suspended for the duration of the force majeure event.
9.4. If the force majeure event continues beyond the specified timeframe of the event, either party may terminate the contract without penalty.
10. Dispute Resolution
10.1. In the event of a dispute arising from or in connection with the services or products provided by Smart Event Management, the party raising the dispute must notify the other party in writing, outlining the nature of the dispute and any relevant details.
10.2. Upon receipt of the written notification, both parties agree to engage in good faith negotiations to resolve the dispute. This process should involve direct communication between the parties to discuss the issues and seek a mutually acceptable resolution.
10.3. If the dispute cannot be resolved through direct negotiation within 30 days, the parties agree to submit the dispute to mediation. The mediation shall be conducted by a mutually agreed-upon mediator, or if no agreement can be reached, a mediator appointed by a recognised mediation body. Both parties agree to participate in the mediation process in good faith and to bear their own costs. The fees of the mediator will be shared equally between the parties.
10.4. If mediation fails to resolve the dispute within 60 days from the commencement of mediation, either party may then proceed to litigation. The dispute shall be resolved through the courts in the jurisdiction as agreed in the Governing Law section of these Terms and Conditions.
10.5. Unless otherwise agreed, both parties agree to continue to fulfil their respective obligations under the contract while the dispute resolution process is ongoing. Both parties agree to keep the details of the dispute and the dispute resolution process confidential, except as required by law or for the purposes of seeking professional advice.
11. Governing Law
11.1. These Terms and Conditions, and any contract entered into as a result of these terms, shall be governed by and construed in accordance with the laws of the State of South Australia and the Commonwealth of Australia.
11.2. Both Smart Event Management and the client agree to comply with all applicable national, state, and local laws, regulations, and ordinances in the performance of their obligations under these Terms and Conditions.
11.3. In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or invalidity thereof, the parties agree to submit to the jurisdiction of the courts of South Australia.
11.4. Any legal action or proceedings arising out of or in connection with these Terms and Conditions must be initiated and conducted in the courts of South Australia.
11.5. These Terms and Conditions are to be interpreted in a manner that is fair and equitable to both parties, consistent with the prevailing laws and judicial decisions of the governing jurisdiction.
12. International Law
12.1. When providing services or products to clients outside of Australia, Smart Event Management and the client both agree to comply with all applicable local laws, regulations, and standards in the client’s country, in addition to Australian laws. This includes, but is not limited to, import/export regulations, safety standards, and intellectual property rights.
12.2. In the event of a dispute involving an international client, both parties agree to initially seek resolution through negotiation and, if necessary, mediation, as outlined in the Dispute Resolution section of these Terms and Conditions. If litigation is required, unless mutually agreed upon otherwise, disputes will be resolved in the jurisdiction as per the Governing Law section, recognising that this may involve additional considerations under international law.
12.3. All transactions with international clients will be conducted in a mutually agreed upon currency. Exchange rates, bank fees, and any other charges related to currency exchange are the responsibility of the client. Payment terms for international clients may differ from domestic terms, reflecting the additional complexities and risks involved in international transactions.
12.4. For physical products, international shipping terms, including delivery timelines, shipping costs, and insurance, will be agreed upon separately for each contract. Smart Event Management is not responsible for delays or damages caused by shipping companies or international customs processes.
12.5. Smart Event Management acknowledges the importance of cultural and language differences in international business and will make reasonable efforts to accommodate these differences in its services and communications. Official communications and contracts will be in English unless otherwise agreed upon, and it is the client’s responsibility to seek translation if necessary.
12.6. The client is responsible for paying any applicable taxes, customs duties, or import fees imposed by their country on the products or services provided by Smart Event Management.
13. Amendments
13.1. Any amendments, modifications, or waivers to these Terms and Conditions must be made in writing and signed by authorised representatives of both Smart Event Management and the client. Verbal agreements or informal communications shall not be considered valid amendments to this agreement.
13.2. Either party may request an amendment to these Terms and Conditions. Such a request must be made in writing, clearly outlining the proposed changes and the reasons for such changes. Upon receipt of a request for amendment, both parties agree to review the proposed changes and engage in good faith negotiations if necessary to come to a mutual agreement.
13.3. Any amendments agreed upon and executed in writing will become part of the Terms and Conditions from the date specified in the amendment document. Unless explicitly stated, an amendment does not nullify or alter any other term or condition of the original agreement.
13.4. Smart Event Management will keep a record of all amendments, and a copy of each amendment will be provided to the client for their records.
13.5. Amendments shall not have retrospective effect unless specifically agreed upon by both parties in writing.
13.6. Amendments that would cause a significant deviation from the original scope of the agreement, or that would impose unreasonable burdens on either party, may require a more comprehensive renegotiation of the agreement or the drafting of a new agreement.
14. Acceptance
14.1. By engaging the services of Smart Event Management, accepting a proposal, or signing a contract with Smart Event Management, the client acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.
14.2. For certain transactions or agreements, especially those of significant value or complexity, Smart Event Management may require the client to provide a written confirmation of acceptance. This may be in the form of a signed contract, an email confirmation, or a digital acceptance through an online platform.
14.3. The commencement of any services by Smart Event Management or the acceptance of any products by the client will also be deemed as acceptance of these Terms and Conditions.
14.4. Acceptance of these Terms and Conditions is limited to the terms as presented by Smart Event Management. Any modifications or amendments proposed by the client will not be valid unless agreed upon in writing as per the Amendments section of these Terms and Conditions.
14.5. Once accepted, these Terms and Conditions form a binding agreement between Smart Event Management and the client. All parties agree to comply with their respective obligations as outlined in this document.
14.6. Clients are encouraged to seek clarification from Smart Event Management regarding any aspect of these Terms and Conditions they do not understand. Inquiries should be made before accepting the terms.
14.7. These Terms and Conditions are subject to review and updates. Continued engagement with Smart Event Management following any updates constitutes acceptance of the new terms.
