Our standard Terms and Conditions have been designed to clarify the arrangement between us. Your attention is specifically drawn to Clause 6 which states our Cancellation Policy.
Your booking constitutes a formal agreement to hire venue facilities and services provided by Cliftons and the following terms & conditions may be read in conjunction with a Customer Contract that has been previously signed and where those conditions will also apply.
If you have any questions or concerns, please contact the person handling your booking to address and clarify queries arising.
1. Confirmation of Booking
1.1 Client Booking Confirmation
A booking will be confirmed upon acknowledgment by Cliftons of the receipt of either: a signed Cliftons Booking Confirmation Form, Confirmation of the event via the Cliftons Portal, reply email to a confirmation request from the Cliftons booking team or an email confirmation clearly identifying the event to be confirmed. All bookings are subject to room availability. Requested additional services including catering and equipment may be amended up to 3 working days prior to the event.
Where credit terms have not been previously approved a non-refundable deposit of 25% is payable on the estimated cost of the venue booking.
Please also refer to our Cancellation Policy.
Where required, we will be pleased to receive your instructions through receipt of your Purchase Order however and for the avoidance of doubt these Terms and Conditions will prevail as will booking details and rates as specified on the Event Details Form.
2.1 The Rates Schedule attached to your Customer Contract will apply to your booking. Alternatively and in lieu of such an agreement the rates will be as confirmed on your Quotation or Client Booking Confirmation Form, provides details of the services to be provided by Cliftons which you agree to pay for in accordance with these Terms and Conditions.
2.2 Rates apply to Cliftons facilities only. Please visit the International Event Solutions web page for details of our Affiliates venues.
3. Payment Terms and Methods
An invoice will be issued on or no later than 5 days after the last day of the event by electronic mail. Any extra services requested during the event will be charged accordingly and included in the final invoice. Should the Client wish to restrict additional extras subsequent to issuance of the Client Booking Form this must be expressly stated in writing.
3.2 Goods and Services Tax
All prices quoted are exclusive of GST. GST or its equivalent shall be charged on all bookings at the relevant rate.
3.3 Payment Terms
Our payment terms are 14 days from date of invoice unless otherwise agreed by us in writing.
3.4 Payment Methods
(a) Payment can be made by credit card – a 1% surcharge will apply for Mastercard and Visa and a 3% surcharge will apply for American Express
(b) Payment can be made by cheque made payable to Cliftons (See invoice for details). We will consider payment to have been made once the cheque has cleared.
(c) Payment can be made by electronic funds transfer direct to Cliftons bank account (See invoice for details).
4. Affiliates – Operating internationally
4.1 In addition to our own venues, Cliftons operates throughout the world and, as such, is subject to the Taxation Laws of the countries within which it operates.
4.2 Unless specified otherwise in a separate agreement, you will be invoiced by the appropriate Cliftons office and agree to pay in the local currency of the country in which the event took place.
4.3 Goods and services tax, Value added tax or their equivalents will be collected on behalf of the government in that country by Cliftons and you agree to pay Cliftons any such amounts as are required under the Taxation Laws of the country in which your event took place.
4.4 If, for any reason, Cliftons provides you with a Credit Note, you acknowledge that you may only use that credit note to pay part of, or all of, an invoice rendered in the same currency.
5. Late Payment Fee
5.1 In the event of late payment of our invoice interest will be charged on a daily basis from the date payment was due, at the local business overdraft rate (or equivalent) plus 6%.
5.2 For the avoidance of doubt, we also reserve the right to cancel any future bookings made by you (irrespective of whether you have paid any applicable deposit/s) if any payment is overdue.
6. Cancellation Policy
6.1 Confirmation of your booking is subject to room availability and by either selecting ‘Confirm Event’ via our booking portal or advising of confirmation via email to your account manager or to the Cliftons Bookings Team. Confirmed bookings cannot be cancelled, rescheduled or moved and will be charged and are payable in full
6.2 For the purpose of catering and additional services only, we appreciate that numbers can vary prior to the event commencement, unless we receive written notice of any reduction or increase in numbers no later than 3 working days prior to your rental of the space, we shall consider the numbers stated in the booking contract to be correct and all original charges will apply and are payable in full.
6.3 Cancellations and changes must be confirmed in writing.
6.4 Should there be an increase/decrease in the booked number of delegates, scheduled visitors or guests on the day(s) of your rental as set out in 6.2 above, you shall be fully liable for any extra charge(s) incurred by us.
7. Room Allocation
7.1 Delegate numbers and requested layout will be taken into consideration when allocating your room.
7.2 We reserve the right to change allocated rooms and advertised facilities, and the information quoted in marketing materials may be subject to change at any time. No liability is accepted for any errors or omissions in marketing materials.
7.3 We reserve the right to review and amend rates associated with your booking(s) in the event that we cannot accommodate your booking at the venue initially booked or advertised, and have to provide an alternate venue. Where an alternate venue is to be provided, any new rate will be required to be agreed with the client in writing prior to the booking date(s). If no agreement can be reached on a new rate at the alternate venue – either party may cancel their booking at the alternate venue only, without penalty.
8.1 The Client acknowledges responsibility for the conduct of attendees.
8.2 The Client acknowledges if any damage is caused by attendees to premises or equipment the client will be liable for cost of repair and/or replacement. The Client acknowledges and will ensure the orderly behaviour of attendees, and will avoid disturbing other customers by creating excessive noise or display conduct which Cliftons reasonably believes to be inappropriate.
8.3 The Client further acknowledges and will ensure all attendees will comply with Cliftons, or its agents or employees reasonable directions, where appropriate, to ensure the health and safety of all users of Cliftons facilities.
8.4 In the event of a breach of these Terms and Conditions causing damage or nuisance to our neighbours, or our having reasonable grounds for fearing such damage or nuisance, we reserve the right (i) to require the client or attendees (or representatives of either) to leave the venue; (ii) to terminate the event immediately (in which case the full amount will be payable) if the noise or nuisance cannot be controlled at an acceptable level and the offending party refuses to leave; (iii) to disconnect electricity supplies to noise producing or audio visual equipment; and (iv) to cancel any further bookings made by the client (irrespective of whether you have paid a deposit).
9.1 The client is responsible for the space allocated during the event. Any damage to allocated rooms or contents (or any other part of our venues) incurred as a result of the client or invitees’ (or representatives of either) acts omissions or negligence will result in a charge based on (i) the costs of repair and (ii) the value to us of any subsequent loss of business or trade or other commercial activity suffered by us.
10. Client Property
10.1 Whilst all reasonable efforts are made to ensure our premises are safe and secure, we do not accept any liability for any theft, loss or damage to clients’ and visitors’ property.
11.Use of Software – Licences
11.1 The Client warrants that they have all necessary software licences and permits relating to any software required to be installed on Cliftons computers which may differ from our Standard Software Load. For the avoidance of doubt, our Standard Software Load is as per your Customer Contract or quotation. Refer to Appendix A for full licencing arrangement.
12. Externally Purchased Food and Beverages
12.1 Externally purchased food may not be brought on to the premises for consumption. Other than that supplied by us, beverages are not permitted on to the premises without our prior written consent.
13. Booking Through Agents
13.1 Agents booking on behalf of a client as a disclosed agent must disclose the name of the principal/company that they are booking on behalf of. The agent confirms, warrants and represents that it has the approval of the principal/client and the necessary delegated authority to enter into the booking on behalf of the principal/client. Cliftons will not be required to honour bookings made by agencies without the approval and authority of their principal/client. Where a principal/client requires a purchase order number or similar reference number for every event and the agent or client has not supplied one before the date of the event we reserve the right not to honour the event booking. Responsibility for payment will rest with the Agent unless otherwise expressly stated and purchase order(s) are received from the client.
13.2 Agents booking on their own account must disclose the name of the company that the booking relates to. The agent acknowledges it has full legal responsibility for the booking and the debt incurred in the event that the company does not honour the booking. Where an agent requires a purchase order number or similar reference number for every event and the agent or client has not supplied one before the date of the event we reserve the right not to honour the event booking.
14. Contract Termination
14.1 In the event the Client has materially breached these Terms and Conditions (and failed to remedy the breach within 3 working days after written notice from Cliftons) or become bankrupt, ceased to trade, had shares or assets taken over by a company whose financial standing is unacceptable to us, had an administrator appointed or made any voluntary arrangement with its creditors, Cliftons shall be entitled to terminate this contract immediately by giving notice in writing. The termination of these terms and conditions shall not prejudice any claim which Cliftons may have against the client in respect of any previous breach of any provision in these terms and conditions nor shall it prejudice the continuance in force of any provision in these terms and conditions which is (expressly or by implication) intended to come into or continue in force on or after such termination. On termination, the client shall, within 3 working days, pay us all sums due and payable under these terms and conditions together with any accrued interest (if applicable).
15. Staff Recruitment
15.1 Whilst these Terms and Conditions are in force, the Client must not either solely or jointly with any other person solicit or endeavour to entice to leave the service or employment, any person who during the period of 12 months prior to entering into these Terms and Conditions was an employee of Cliftons (or any associated Company). You agree that the undertakings contained in this paragraph are reasonable and are entered into for the purpose of protecting the goodwill of the Cliftons business. Should the client breach this clause, the client agrees payment equivalent to 6 months’ salary of the relevant employee is a reasonable pre-estimate of our losses.
16. Liability Provisions
16.1 The Client agrees to use Cliftons facilities at its own risk and Cliftons will not be liable or in any way responsible to the client or to any of its servants, agents, invitees or licensees or to any other person for any injury loss or damage which may be suffered or sustained to any property or by any person in our facilities, no matter how it occurred, except where the same results from the wilful misconduct of Cliftons.
16.2 No waiver by Cliftons of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
16.3 Neither party will be liable for any delay in performing or failure to perform our respective obligations (other than a payment obligation) under these Terms and Conditions due to any cause outside their reasonable control. Such delay or failure will not constitute a breach of these Terms and Conditions and the time for performance of the affected obligation will be extended by such period as is reasonable.
16.4 Cliftons shall have no liability for (i) loss of profit suffered by you which flows as a natural, direct and/or obvious consequence from our breach of these Terms and Conditions; or (ii) any indirect, consequential or incidental loss, damage, cost or expense of any kind whatever, howsoever the losses described in these conditions are caused except in the event of wilful misconduct.
17. General Terms
17.1 These Terms and Conditions (and any provision and/or information relating to them) are confidential and the Client shall not (unless required by law or relevant authority) disclose any part of them to anyone else without the prior written consent from Cliftons, which will not be unreasonably withheld.
17.2 Any variation in these Terms and Conditions must be agreed by us in writing and signed by an authorised official of Cliftons. Any changes by the Client to these terms and conditions without Cliftons prior written consent shall not be binding. Where Cliftons has a separate master agreement with an agency, corporate or public body, the terms of any such master agreement will apply to all relevant bookings, except, where that master agreement is silent, the terms of this agreement shall apply.
17.3 If any provision of these Terms and Conditions are found to be invalid, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.
17.4 The Client agrees that it shall not make, sell, broadcast, distribute or reproduce mechanically digitally, electronically or otherwise by any manner or means (whether now known or hereafter devised) any audio-visual images of our venues, space, employees and officers to other independent organisations without our prior written consent (which may be withheld at our absolute discretion).
17.5 These Terms and Conditions shall be governed by and construed in accordance with the laws of the country of contract/Cliftons office and the client irrevocably submits to the exclusive jurisdiction of that country.
Appendix A: Software Licencing
Cliftons supplies computers to customers for their use in conducting meetings and training. The computers may have the customer’s own software packages or may be supplied with a standard computer image.
Use of Software – Licences
The Client warrants that it has/owns all necessary software licences and permits relating to any software required to be installed on Cliftons computers which may differ from our Standard Software Load. For the avoidance of doubt, our Standard Software Load is as follows:
Cliftons Standard Computer Image
Cliftons offers standard software images based on the Windows platform and can provide versions in Windows XP™, Windows Vista™ or Windows 7™ (32 or 64bit) to meet our clients requirements. In addition to the Windows operating systems above, Cliftons technicians will install the following free versions of the following products on behalf of clients in accordance with each products individual licensing agreement:
- Microsoft Office Word™, Excel™ and PowerPoint™ viewers
- Mozilla Firefox™ & Google Chrome
- WinRAR™ (40 day trial installation)
- VLC Media Player™
- Adobe Acrobat Reader™
- Adobe Flash Player™
- Citrix Web Client™
For the avoidance of doubt, Cliftons is not in any way representing itself to be supplying this software to our clients as a service or product and is, instead, installing these products on behalf of clients for use in accordance with the licensing agreements that relate to each. Cliftons reserve the right to change, modify or update the software package inclusions or versions at any time. If we revise the inclusions or versions, we will post the revised Terms on our website at the same URL as the software that are being modified, and you consent to receiving notice of any changes through such posting.