The following terms and conditions shall apply to all business relations between London Club Nights Limited (hereinafter "London Club Nights" or "we") and you the user of the services on the DJ Near Me Platform (hereinafter " DJ Near Me ").
Users within the meaning of these Terms and Conditions are both Users and service providers (hereinafter “DJ`s”) and both collectively “Users”.
Users within the meaning of these terms and conditions are natural persons with whom DJ`s enter into business relations without them acting in the exercise of or for the purpose of a commercial or independent professional activity.
DJ`s within the meaning of these Terms and Conditions are natural or legal persons or persons and companies with legal capacity with whom Users enter into business relations and who are acting in the exercise of their commercial or self-employed professional activity.
Certain services and/or products of DJ Near Me may be subject to separate contractual and/or registration conditions, which supplement the provisions of these Terms and Conditions. These shall be referred to separately in connection with the respective service/product in the product-specific terms and conditions. Insofar as these separate and special terms and conditions for individual service areas deviate from the provisions of these Terms and Conditions, the provisions of the special terms and conditions shall take precedence over the respective provision of these Terms and Conditions.
Deviating or conflicting terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed.
The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us.
We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.
Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Services on these Terms.
Your relationship with DJ Near Me
DJ Near Me does not offer the DJ Service and merely provides the technical and organizational infrastructure to ensure the proper conduct of transactions on the platform.
DJ Near Me does not itself become a contracting party to the contracts concluded exclusively between the users. The performance of contracts concluded with DJ Near Me is also exclusively between the users.
DJ Near Me operates a platform linking users to DJ`s. Whether or not a service is offered and/or accepted is entirely at the discretion of the DJ`s. DJ Near Me has no control over this process. Services are provided by DJ`s directly to users, who determine the deliverables and all other requirements.
Bookings
A booking shall me made by completing the Booking Process and not accepted until a confirmation has been issued by us and received by you, all the necessary forms have been completed and payment of the relevant deposit price quoted.
During the booking process you should:
act in a prompt and professional manner.
state your requirements clearly and accurately so that we and the prospective DJ can assess your needs appropriately
DJ Near Me cannot be held accountable where any misinformation was given in exceptional cases the DJ may reserve the right to cancel and any deposit paid will not be refunded.
If you request to meet the DJ before you book, we will set up a Zoom meeting and you accept and acknowledge that the DJ cannot disclose his/her Name, DJ Name or links social media.
Venue and Performance
You must provide safe and suitable working conditions, free from duress so the DJ can perform, if these conditions are not adhered to the DJ may refuse to perform and any payments made will not be refunded.
Although we request DJs to provide proof of their Insurance, PAT & CRB certificates, it's your responsibility to ensure the booked DJ holds these documents and that they are valid and sufficient for your event and distributed to the necessary parties where required.
Bookings should be made with the understanding that the venue is in possession of the necessary entertainment & liquor licenses.
The DJ is not responsible if the venue is found to be in breach of the terms of their license.
In the event of a minor’s function there must be the legal ratio of responsible persons to minors present at the event in the same room as the DJ at all times.
Where inspection of the venue is not viable, pictures, video footage or floor plans should be sufficient.
We cannot be held liable for any injury to you or your guests.
Apart from children’s party DJs, the DJ’s preliminary role is to supply music and entertain guests, accepting song requests, MC (Hosting) is standard, any extra roles are at the discretion of the DJ and should be discussed beforehand.
You should ensure there is adequate set up time and pack up time for the DJ, ideally 1 hour or more and indicate what access is available, stairs, lifts, Car parking etc.
You may be held liable for any damage caused by you or your guests to the DJ’s equipment.
In the unlikely event that:
you and your booked DJ encounter a personality clash or an issue of a similar nature, you should let us know immediately and intervene or find a replacement if necessary.
you are not happy with your DJ’s performance we will consider refunding your deposit. Refund of any balance paid would be at the discretion of the DJ, we will act as mediator.
your DJ cannot fulfil their role to perform on the night due to know fault of their own, DJ Near Me cannot offer a refund but will arrange emergency DJ Cover, any balance payment refunds would be at the discretion of the DJ, DJ Near Me will act as mediators.
DJ Renumeration
When providing services available for booking on DJ Near Me, the DJ will be required to select a price for his/her services.
When a User books a DJ`s services, DJ Near Me requests a deposit.
DJ Near Me is not responsible for currency conversion fees, wiring fees, or any other processing fees that you may incur.
You are required to pay the DJ any sums due for such performance as specifically set out between you and the DJ at the time of booking.
Cancellations, Rescheduling and No Show
Starting with the Day of booking, we offer a 14 Day money back guarantee on all deposits paid (minus Stripe Fees https://stripe.com/gb/pricing ) if you cancel within 45 days before the event.
We cannot refund a deposit for an event that is less than 45 days away, as the DJ may have accepted other bookings.
All cancellations should be made in writing and emailed to info@djnearme.co.uk
Rescheduling an event will be treated as a cancelation, a new booking will have to be made and the above cancelation/refund policy may apply.
Should we need to reschedule we will offer you a replacement DJ where possible or a full refund of your deposit.
In the unlikely event that your DJ does not show up please, let us know as soon as possible by calling 0844 357 9178 so we can arrange a replacement DJ. In the unlikely event we cannot find you cover we will refund your deposit.
In the unlikely event you are not happy with your DJ’s performance we will consider refunding your deposit. Refund of any balance paid would be at the discretion of the DJ, we will act as mediator.
Suspension
DJ Near Me will determine, in its discretion, whether there has been a breach of these terms and conditions through your use of our Services.
When a breach of this policy has occurred, DJ Near Me may take such action as deemed appropriate.
COVID-19
You must at all times comply with all national, and local directives, ordinances, laws, health orders and regulations and guidelines concerning COVID-19. This may require scheduling site visits by appointment only, wearing required face mask protection and maintain social distancing guidelines.
Availability of the Services
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
DJ Near Me accepts no liability for any disruption or non-availability of the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, DJ Near Me accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Services or any information contained therein. Users should be aware that they use the Services and its Content at their own risk.
DJ Near Me shall only be liable for damages in the event of intent or gross negligence. DJ Near Me shall only be liable for the negligent breach of essential contractual obligations (cardinal obligations).
No Waiver
No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
Entire Agreement
This Agreement, together with the Confidentiality and Proprietary Information Agreement, represents the entire agreement between the parties and the provisions of this Agreement shall supersede all prior oral and written commitments, contracts and understandings with respect to the subject matter of this Agreement. This Agreement may be amended only by mutual written agreement of the party.
Assignment
This Agreement shall inure to the benefit of and shall be binding upon each party’s successors and assigns. Neither party shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party.
Severance
In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.
Governing Law
This Agreement will be construed in accordance with and governed by the laws of England and Wales.