Parties:
Known as “Hirer” The Selfie Box
and
Known as “Client” You (defined as customer/Client to contract)
Collectively, all of the above people or businesses entering this Equipment Hire Agreement will be referred to as the “Parties.” This Equipment Hire (“Agreement”) is made effective by purchasing services between The Selfie Box, (“Hirer”), and current user (“Client”). By purchasing services, Client agrees to be bound by these terms and conditions, whether or not Client has read them.
1. DESCRIPTION OF THE AUDIO GUESTBOOK
The Owner agrees to rent to the Renter the following audio guestbook equipment (the “Equipment”):
- [Describe the audio guestbook equipment in detail, including make, model, and any accessories included].
2. HIRE PERIOD
The term of this agreement will commence on the day of the first attempt by the delivery company used by the Hirer to deliver the audio guestbook and will terminate 72 hours after the event date.
The Hirer will ensure that the Equipment is delivered to the Client at least 24 hours before the event date, typically 3-5 days in advance unless otherwise communicated in writing via email. The Equipment must be returned to the Hirer prior to the shipping cut-off time with the courier company on the final day of the hire period, using the courier company specified by the Hirer, unless prior arrangements have been agreed upon between the Client and the Hirer.
In the event that the Client returns the Equipment using a shipping label not provided by the Hirer and fails to return it on or before the agreed-upon return date, the Hirer reserves the right to assess additional fees for the extended transit time or lateness at a cost of £25 per day
By entering into this agreement, you grant the Hirer permission to contact you through postal mail, email, telephone, or text messages to provide information or updates related to your rental.
3. HIRE FEE
The Client agrees to pay the Hirer for services as specified in the invoice/quote. The Client must pay a non refundable booking fee of £25 at the time of booking. This fee is deducted from the balance of the Services. The outstanding balance is due in full no later than 28 days prior to the event date. At all times the Hirer’s maximum liability in connection with the Equipment is limited to the rent paid to the Hirer by the Client.
4. SECURITY DEPOSIT
A security deposit of £200 is required and shall be paid by the Hirer to the Client no later than 28 days prior to the event date. This deposit will be held by the Hirer as security against any damages or losses to the Equipment and will be refunded by the Hirer once the equipment has been returned in good working order. Should the Client not return the equipment in good working order, then the security deposit will not be released until the equipment has been replaced or repaired. Repair replacement costs are solely at the expense of the Client.
5. SHIPPING
The Hirer will ensure that the Equipment is delivered to the Client at least 24 hours before the event date, unless otherwise agreed upon with the Client, or if there are shipping delays beyond the Hirer’s control. Typically, the Hirer aims to deliver the Equipment to the Client within 3-5 days before the event date. The Hirer will ship the Equipment to the address provided by the Client unless the Client provides an alternative address with sufficient time for the Hirer to update the shipping details. (b) Any missed deliveries are the responsibility of the Client, not the Hirer. The Hirer does not dispatch packages on Bank Holidays or weekends. Shipping times are estimated, not guaranteed. The Client is advised to place orders well in advance to avoid potential delays due to product availability or shipping. (c) The Client agrees to obtain and retain the shipping receipt as proof of return shipping until the Hirer confirms receipt of the returned Equipment.
6. USE OF THE EQUIPMENT
The Client agrees to use the Equipment only for the purpose of recording guest messages at an event. The Equipment shall not be used for any illegal or unauthorised purposes. The Client is in no way permitted to modify the equipment during the hire period.
The Hirer will provide guidance to the Client on how to operate the Equipment, using instructions delivered physically, via email, or in photo or video format. The Client agrees to use the product strictly as instructed by the Hirer. The Client acknowledges full responsibility for the operation of the equipment and agrees not to hold the Hirer accountable for any issues or errors that may arise while using the Equipment.
7. CARE OF EQUIPMENT
The Hirer represents and warrants the Equipment is free from known defects and is in good working order to the best of its knowledge at the inception of the hire. Responsibility for the safe keeping of the Equipment transfers to the Client once the hire period has begun. The Client shall take proper care of the Equipment and return it in the same condition as it was received, normal wear and tear excepted. The Client shall be responsible for any damage or loss to the Equipment during the hire period. The Client agrees to discharge the Hirer of all and any responsibility or liability from such injury or damage arising out of the use of the Equipment during the hire period and accept sole liability for the care and use of the Equipment.
8. INSPECTION
The Client agrees to inspect the Equipment upon receipt and report any damage or issues to the Hirer immediately. Failure to do so may result in the Client being held responsible for any pre-existing damage.
9. NON-WORKING EQUIPMENT
The Client must promptly inform the Hirer of any malfunction or alleged damage to the Equipment within 12 hours of receiving it. If the Equipment is found to be malfunctioning or damaged, except as a result of the Client’s negligence or wilful acts, the Client should not attempt to repair or modify it. Instead, the Client must return the non-functioning Equipment to the Owner.
Upon receipt of the non-working Equipment, the Hirer will take one of the following actions at the Client’s choice:
- Replace the non-working Equipment with a functioning equivalent (referred to as “Replacement Equipment”).
- Issue the Client a credit or provide a full refund of all rental charges paid by the Client.
Rental charges for any such non-working Equipment that is returned will start again upon the Client’s receipt of the Replacement Equipment. If the Equipment is suspected to be damaged during transit, the Hirer will send the damaged Equipment to the manufacturer for inspection and repair. Both the Client and Hirer agree to accept the manufacturer’s damage report as the authoritative document regarding the cause and liability of such damage.
It is the Client’s responsibility to ensure that the phone is set up correctly following the provided instructions, either through email or included with the phone. The Hirer cannot be held responsible if phones are returned without any messages due to incorrect setup.
10. CANCELLATION
In the event that the Client wishes to cancel this Agreement, they understand they must provide written notice to the Hirer at least 28 days prior to the event date and their booking fee will be forfeit. Any cancellation made after this period may result in the forfeiture of the hire fee.
In the event that the Client opts to reschedule Services, or if it becomes impracticable for the Hirer to deliver Services due to the Client’s fault or the fault of parties connected to the Client (such as the event not taking place or essential parties to the event failing to arrive on time), the Client must promptly notify the Hirer. The Hirer is under no obligation to make efforts to secure alternative Services to fill the void created by the Client’s cancellation, rescheduling, no-show, or circumstances beyond the Hirer’s control due to the Client (or parties connected to the Client). Furthermore, the Hirer is not obligated to refund any payments made by the Client for Services.
11. LOSS & DAMAGE
The Client acknowledges and accepts full responsibility for any loss or damage to the Equipment, including any audio files generated by the Equipment, regardless of the cause. Such loss or damage will not release the Client from any obligations under this Agreement.
In the event of any damage to the Equipment, the Hirer will arrange for the Equipment’s repair through a vendor selected at the Hirer’s discretion.
If the Client fails to return the Equipment by the end of the hire period, or if the Equipment is damaged beyond normal wear and tear, the Hirer may withhold part or all of the security deposit to cover repair or replacement costs.
12. SURRENDER
This Agreement expires 72 hours after the event date. Upon expiration or earlier termination of this Agreement, the Client must return the Equipment to the Hirer in good repair and working order, with reasonable wear and tear from proper use excepted. The Client is responsible for arranging the return of the Equipment, at Hirer’s cost via the shipping method specified by the Hirer
Proper packaging of the returned Equipment should be ensured by the Client using the shipping and packaging materials provided by the Hirer as part of the initial order shipment. The Hirer’s acceptance of the Equipment upon its return by the Client does not constitute a determination of its condition.
The Hirer reserves the right to inspect the Equipment within a reasonable time after its return to assess whether it was damaged during the period it was in the Client’s possession.
13. FAILURE TO PERFORM SERVICES
If the Hirer is unable or unwilling to fulfil its obligations under any or all parts of this Equipment Agreement, it (or a responsible party) shall:
- Promptly notify the Client via email and make efforts to secure another qualified professional who can assume its responsibilities, subject to the mutual agreement of the Client.
- If an alternative qualified professional cannot be found, or if the Client does not agree to the transfer of obligations to the proposed substitute, the Hirer will issue a refund or credit, determined based on a reasonably accurate percentage of services already rendered. This will release the Client from any further obligations in the agreement, both in terms of performance and payment.
14. DATA COLLECTION
In compliance with GDPR and data collection regulations, the Hirer commits to retaining all recordings for a duration of 12 months. Subsequently, any stored files of recordings may be deleted. If you wish to have your data deleted after this period, please contact us hello@theselfiebox.co.uk. By accepting this contract, clients consent to the following:
(a) The Selfie Box may utilise, process, or share the recordings solely for the purpose of editing and producing the recorded audio files for the provision of an audio guestbook to you.
(b) The Selfie Box may utilise, process, or share the recordings for other purposes, such as marketing. If clients do not wish for us to do so, please indicate your preference in the comments section on the booking form.
15. FORCE MAJEURE
Force Majeure: Despite taking all reasonable precautions, this contract may be subject to modification or cancellation by the Hirer due to circumstances beyond their control, such as Acts of God, Fires, Wars, Road closures, Illness, etc. Additionally, while every endeavour is made to safeguard the captured audio, the Hirer cannot be held responsible for equipment failures or theft, including instances like memory card malfunctions.
16. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
17. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, whether written or oral.
18. AMENDMENTS
Any amendments or modifications to this Agreement must be made in writing and signed by both Parties.
19. SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The Selfie Box reserves the right to modify these terms at any time. By making a booking with The Selfie Box the Client is stating that they have read and understood these terms and conditions and agree to be bound by them