1 Terms and Conditions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “The Client”, “You” and “Your” refers to you, the person accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company, Pegasus Sound and Light, a company registered in Scotland, registered office: 23-25 Canongate, The Royal Mile, Edinburgh, Scotland EH8 8BX. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. The hirer means the person whose name &/or address appear on the hire agreement &/or the person providing the holding deposit &/or the person who paid or is paying for the hire &/or the person who is collecting the hire and if more than one hirer then their liability is joint and several.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Scottish Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2 Privacy Policy
We are committed to protecting your privacy. Only authorised employees within the company may use any information collected from individual customers and web users on a need-to-know basis. We constantly review our systems and data to ensure the best possible service to our customers and web users. We do not store customer credit/ debit card details, nor do we store any non-essential sensitive customer information.
2.1 Confidentiality Notice
Client records are regarded as confidential and therefore will not be divulged to any third party, unless we are legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any Client Records that we keep about them. If you wish to view the information that we hold about you, please email:
[email protected].
We will respond to information requests within 1 month of receipt. Any inaccuracies reported to us will be rectified promptly, and we will usually be able to delete your personal information if requested (except in special circumstances).
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products, or for the purpose of offering information about similar such future services. We will not add you to any mailing lists without your permission. If you have given consent for us to email you with our newsletter and updates, you can easily opt out by following the link to unsubscribe on any marketing email.
2.2 What personal data we collect and why we collect it
If you make an enquiry with us, either by email, phone, contact form or in person, we will request the following information: First and Last Name, Company Name (if applicable), Email Address, Telephone Number, Billing Address and Delivery Address. These details are required by us, so as to be able to verify your identity and to enable us to provide you with any such contractual service that you may request from us. Depending on the nature of your enquiry, we may also request further information, such as the finer details of an event or service request, so as to be able to provide you with recommendations on the most appropriate services to meet your requirements.
Please be aware that all information provided by you will be stored on one or more databases, with the exception of any sensitive data such as credit/ debit card details. We hold this information securely and in accordance with the relevant laws, including the General Data Protection Regulation (GDPR).
2.3 How long we retain your data
If you make an enquiry or place an order with us, we will store your data indefinitely, in order to enable you to place future orders more easily. If you leave a comment or product review, the comment/ review and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
2.4 What rights you have over your data
If you have an account on this site, or have left comments or product reviews, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
2.5 How we protect your data
We have adopted adequate measures to avoid alteration, loss or unauthorised access to your data. Data is secured through password protection and is stored on secure cloud databases. Our staff are trained in data protection.
2.6 What data breach procedures we have in place
If we believe there has been a data breach, we will inform the ICO within 24 hours.
3 Exclusions and Limitations
The information provided on our websites and any other materials supplied by us is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to the company’s websites and their contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in these websites and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of our websites. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
4 Order Requirements
Once an order has been placed, the client agrees to complete a Rental Agreement, which will set out the services agreed by both parties in their entirety.
Upon placing an order, the client agrees that Pegasus Sound and Light reserves the right to charge a security deposit – see section Security Deposits below.
When reserving equipment for hire, the client acknowledges that the dates for collection and return of equipment are correct, and shall be bound to the hire of the selected equipment on these dates. We are not able to guarantee the availability of additional services on orders placed unless they are agreed in advance of making a booking. Such services include but are not limited to, delivery and set-up services, and operation of equipment by Sound and Lighting technicians.
The client agrees to provide proof of ID and proof of address before any equipment is released to the client’s care. In the case of orders for delivery, copies must be sent to us by email or post in advance of the hire date and in the case of orders for collection, ID and proof of address must be brought along at the time of collection.
Pegasus Sound and Light reserves the right to take a photocopy or photograph of such documentation and will have the right to keep copies on file under strict confidentiality for the entire duration of the hire period and beyond this period, as it is considered that the relationship between Pegasus Sound and Light and the customer is open-ended. The client reserves the right to ask for such documentation to be deleted and any paper copies destroyed, once the hire period has finished and all equipment has been returned to us in satisfactory condition, with no outstanding monies owed by the client.
Proof of ID must be in the form of Photo ID (e.g. Driving License or Passport), and proof of address must be dated within the last 3 months (e.g. recent utility bill or bank/ credit card statement).
5 Hire Policy
The following conditions must be met in order for a customer to qualify to hire equipment from Pegasus Sound and Light:
5.1 General Requirements
1. Hirer must be over the age of 18 on the first day of the hire period.
2. Hirer must have a permanent UK address and must provide proof of address in the form of a recent utility bill or statement dated within the last 3 months.
3. Hirer must provide proof of identity in the form of a valid passport or photo-card driving license.
4. Pegasus Sound and light reserve the right to ask for as many forms of ID as deemed necessary.
5. Payment for hire must be made by traceable electronic means, limited to: Card Payment or BACS transfer.
6. In the event the hirer must pay by cash, a security deposit up to the total RRP value of the goods hired will be taken
7. Payment for the order must be made from an account that is in the hirer’s name.
8. Pegasus Sound and Light reserves the right to refuse hire of equipment without the need to give grounds for refusal. Under such circumstances, any amounts paid in advance by the client for the booking in question will be fully refunded.
5.2 Security Deposits
- Pegasus Sound and Light reserves the right to charge a security deposit for the hire of equipment. The Minimum Security deposit for all hires is £100.00. This deposit value required is entirely at Pegasus Sound and Light’s discretion.
- The deposit value will not exceed a maximum of 100% of the total of the manufacturer’s RRP for all equipment to be hired.
- Security Deposits will be taken in the form of a card pre-authorisation transaction – this is a temporary hold of a specific amount on a credit or debit card.
- The security deposit will not be captured if all items of equipment are returned from hire in satisfactory condition, and at such a time that no outstanding monies are owed by the client.
- Pre-authorisations may hold funds for up to 7 days after being placed. This is dependant on the card issuers process and beyond our control.
- Pre-authorisations may hold funds for up to 7 days after being placed. This is dependant on the card issuers process and beyond our control.
- Further Funds may be collected from the card details by Pegasus Sound and Light, for example but not limited to; if equipment is not returned at the end of the hire period, if equipment is returned in an unsatisfactory condition. If a balance is due on a customer invoice.
5.3 Rental Agreement
The client will be required to sign a rental agreement for every rental contract that is booked by the client and carried out by Pegasus Sound and Light.
No services shall be carried out by Pegasus Sound and Light, nor shall any equipment be released to the client until the client has signed the rental agreement.
The Rental Agreement will be signed by the client at the time of service delivery or at the time of collection of equipment from Pegasus Sound and Light by the client (for orders placed for customer collection and return). The client will sign the agreement in the form of a paper copy unless requested in advance by electronic means.
Upon signing the agreement, the client also acknowledges that all details on the agreement are correct.
5.4 Delivery Policy
For Email or Telephone orders, the client must specify delivery is required at the time of booking.
Preferred Delivery slots and Preferred Collection Slots can be given by the customer these are for guideline purposes only, whilst Pegasus Sound and Light will make every effort to adhere to these times, they are not guaranteed.
If the equipment is required to be delivered by a specific time on the date, this must be arranged in advance by means of email or phone call, and if an earlier setup or late collection is required, additional hire charges may apply.
Delivery charges will be calculated upon receiving client’s Postcode.
The price for delivery is based upon a single delivery slot and single collection slot. The client must therefore only provide one hire date per order. In the event of multiple items being ordered for delivery for different hire dates within the same order, the order shall be invalid.
Orders must be collected/delivered on the hire date between the hours of 2pm and 4:30pm, unless otherwise agreed in advance between Pegasus Sound and Light and the client, and specified on the Rental Agreement.
When an order is placed, the collection time shall be assumed to be within these hours on the hire date of the reservation. The client will be asked to specify a Preferred Collection/ Delivery time at the start of the hire period and a Preferred Return/ Collection time at the end of the hire period – Whilst we will make every effort to accommodate our clients’ preferred times, it will not always be possible to do so. It is the responsibility of the client to confirm the availability of equipment for collection/delivery or return/collection at the client’s preferred times in advance of placing a booking.
All items must be returned at or before 12 noon on the return date, unless otherwise agreed in advance between the client and Pegasus Sound and Light in writing. When an order is placed, the return time shall be assumed to be within these hours, on the return date of the reservation. Items must be returned on time, unless express permission is given to the client by Pegasus Sound and Light to return items late, in which case a new agreed time and date will be arranged for the return of equipment. Any new agreed return times must then be adhered to. If equipment is not returned by the return time on the date specified in the Rental Agreement, a late return fee shall apply.
Late return fees will be calculated on a daily basis at 150% of the single-day hire rate for each item that is not returned on time. The late return fee shall continue to apply on a per-item basis until the item is returned. If items are returned late, the client shall remain bound by these Terms and Conditions, until such a time that all items have been returned and all monies paid.
5.5 Suitability of Equipment, Suitability of Venue and Access
Pegasus Sound and Light shall not be held liable under any circumstances for the inability of the client to make full use of the services or equipment provided, whether this be caused by the client having selected inadequate or unsuitable equipment or services, the venue being unsuitable for intended purpose or Access to the venue being inadequate with respect to installing the chosen equipment.
Pegasus Sound and Light test all equipment before collection, run through the setup and confirm all equipment is working at time of hire collection/delivery.
It is the Clients responsibility to ensure all equipment is complete and in working order. Pegasus Sound and light cannot be held liable for any defect or failure.
In the event a customer does not have time to run through setup, they fully accept that the goods being collected are in full working order.
The Client accepts full responsible for any damage or breakages to equipment while it is in their possession and care.
Under such circumstances, no compensation may be sought by the client.
The client will appreciate that suitable time for venue access, safe installation and safe dismantling of equipment and subsequent removal of equipment is required. It is the responsibility of the client to ensure that they have access to the venue within a reasonable time period before guests arrive, for safe installation of equipment, and that reasonable time remains after the event, for subsequent safe dismantling and removal of equipment.
The client must ensure that there is suitable access to the venue, ensuring that safe loading of equipment in and out of the venue is possible.
The client must ensure that there is access to a 230v mains electricity supply with British 13A power sockets within 15 metres of the installation area, unless a generator has been hired from us, in which case a suitable location for the generator must be chosen by the client. A suitable area for a generator must be a well-ventilated, outdoor area, not within the reach of the general public or guests, within a distance of 50m of the installation area.
The client appreciates that there is a minimum floor area and ceiling height required for the installation of equipment into the venue and it is the responsibility of the client to ensure that this is adequate. The client may ask Pegasus Sound and Light to provide dimensions for specific items of equipment if such information is needed, but it is the responsibility of the client to ensure that there is sufficient space for the intended installation.
Where the client has agreed a setup and installation service to be carried out by Pegasus Sound and Light, the client must ensure that there is suitable access to the venue, ensuring that there is a car park within 30 metres of the venue door. The client will be held liable for any parking charges including PCNs that may be incurred by Pegasus Sound and Light’s vehicles and staff when delivering or installing equipment for the client.
The client must notify Pegasus Sound and Light, if there are any steps between the car park and the location where equipment is to be set up, or if the use of a lift is required in order to access the area in which we are to set up equipment, and appreciate that, owing to the extra efforts involved with carrying equipment upstairs, there will be an extra charge, as follows: No charge for up to five steps, £10 for between five and ten steps, £20 for between eleven and 20 steps, £30 for between 21 and 30 steps. Where the client is not familiar with the venue, and there are stairs that we are unaware of, the charge for this will be incurred on the day, but otherwise must be paid in advance. In the event that there are any more than 30 steps between the car park and the room that we are to set up equipment, we reserve the right to cancel the event, or provide a reduced set-up, with full payment still required, however under these circumstances, we may be willing to consider carrying out the event, with an extra incurred cost agreed on the day.
5.6 Outdoor Use of Equipment
Unless otherwise specified, all equipment is permitted solely for indoor use. Pegasus Sound and Light may consent to the use of equipment outdoors, although agreement between Pegasus Sound and Light and the client must be arranged prior to the client using any equipment outdoors.
It is the responsibility of the client to ensure that adequate protection from rain or damp conditions is provided for Pegasus Sound and Light’s equipment, to protect the equipment from damage, and to ensure the safety of the user and all persons present at the event.
If Pegasus Sound and Light should discover that equipment is at risk from damage due to adverse weather conditions, where the client has made insufficient provisions to protect equipment from wet or damp conditions, Pegasus Sound and Light reserves the right to terminate the contracted services early, with the full amount payable for services still applying.
Fees shall apply for any damages to equipment from adverse weather conditions, as detailed in the section, Damage to Equipment, below.
5.7 Damage to Equipment
The client agrees that compensation may be sought for damage incurred to Pegasus Sound and Light’s equipment, vehicles or personal belongings arising from negligence or wilful action by the client, the client’s guests or any other persons present (whether invited as a guest or not). The client shall be held liable for any damage incurred to equipment during the service period, or whilst equipment is in the possession and care of the client. Where damage has occurred, the client shall be responsible for repair costs of the equipment concerned for up to but not exceeding the full replacement cost of new items of equipment concerned at current market value, where items are discontinued the closest replacement item will be specified. Where repair/ replacement costs are incurred, an administration fee of up to £40 may also be charged to the client in addition to such costs.
Items of equipment shall be assessed for condition by Pegasus Sound and Light just prior to their release to the client, and upon return of equipment to Pegasus Sound and Light. The client may be asked to agree to said condition of items, both at the time of release, and the time of return, by means of providing a signature on an Equipment Release and Return Form.
Should Pegasus Sound and Light be unsatisfied with the condition of equipment at the end of the hire period, as a result of damage to equipment incurred whilst in the possession and care of the client, as described above in this section, the client shall be held liable for charges as detailed above.
In the event that equipment is damaged, and the client has provided a security deposit for the service period, Pegasus Sound and Light shall reserve the right to use the deposit as a contribution towards payment of any fees incurred as a result of damage.
If the resulting fees for damage are lower than the value of the security deposit, the difference in balance shall be returned to the client. Under such circumstances, the client must provide details for such payment, and will receive the payment within 14 days of providing such details.
Should it be deemed that the state of damage is greater than the value of any security deposit provided by the client, an extra charge shall be raised to the client for the difference between the value of the security deposit and the value of damages and administration as detailed above. In such circumstances, payment shall be due within 7 days, and failure to make payment within this time shall result in a late payment fee, as described in the payment section.
5.8 Loss of Hire Equipment
Should any of the equipment hired not be returned at the end of the hire period, due to its loss whilst in the possession and care of the client, the full replacement cost of the items concerned at current market value shall be charged to the client as well as an administration fee of up to £40. In such circumstances, payment shall be due within 14 days, and failure to make payment within this time shall result in a late payment fee, as described within the section of these Terms and Conditions, titled Payment.
5.9 Use of Hire Equipment
Equipment shall be used for the sole purpose for which it is intended by the manufacturer. Equipment must not be modified or misused in any way. All equipment remains the property of Pegasus Sound and Light throughout the entire period of hire. The client shall not lend or rehire equipment to any third party without written consent from Pegasus Sound and light.
It is the responsibility of the client to ensure the safety of all persons who may come in close proximity to the equipment whilst it is in the possession and care of the client. To reduce potential danger, the client must complete a method statement and full risk assessment for all stages of handling equipment, including: transportation, installation, operation, and dismantling of equipment. Method statements and risk assessments must be completed in advance of handling and using equipment, particularly before installing and using the equipment in any public place, so as to identify and address any possible risks to the public or guests at an event, to ensure the safety of all persons present. Pegasus Sound and Light will not be held responsible for any damage, loss or injuries incurred by the client or any third parties due to the misuse or improper handling, operation or installation of the equipment hired.
The client shall have the right to ask Pegasus Sound and Light for sample versions of said method statements and risk assessments, but it remains the responsibility of the client to tailor such documentation so that it fits appropriately and accordingly with the locations and potential scenarios and risks as proposed and encountered by the client.
Pegasus Sound and Light will not be held liable for any damage incurred from any residues left behind from, or spillages incurred during the use of Snow, Smoke or Bubble Machines. It is the responsibility of the client to ensure that such machines are operated at a safe and moderate level to ensure they do not leave a damaging residue or spillage, however under such circumstances where a residue or spillage occurs, it is the sole responsibility of the client.
5.10 Continuation of Sound Engineering/ Lighting Technician Services
If we are asked to continue our services beyond the finish time agreed in the booking, with agreement between Pegasus Sound and Light Personnel and the client, continuation of services shall be charged at the price agreed at the time, plus a £40+vat Administration Fee. We cannot be held liable in the event we are unable to extend these services.
6 Safety and Conduct at Events
As the client, you agree to provide adequate supervision of guests at all times and agree to be held responsible for the actions and conduct of all persons attending your event, whether invited or not. We reserve the right to offer our services in a safe environment, and should any Pegasus Sound and Light personnel feel that they are under threat from any physical or verbal abuse, we reserve the right to terminate the service early, and leave with full payment still required.
6.1 Potentially Dangerous Equipment
The client must be aware of the associated risks of using the equipment that they have hired from us, and agrees to take the necessary preventative measures to ensure the safety of all persons at the event, as detailed under the section, Use of Hire Equipment.
The following equipment may pose a greater than average risk, and as such, preventative measures are suggested for said equipment: Smoke machines may cause asthma attacks – advanced warnings should be given to guests, and the device should not be used if it is believed that it may cause an asthma attack. Strobe and Laser lighting may cause people with epilepsy to suffer from seizures – advanced warning must be given to guests and equipment should not be used if it is known that persons suffering from such conditions are present. Bubble and Snow machines may leave residue on the walls, floor and ceiling of the venue – check with the venue that they are permitted for use prior to selection – these residues may also cause surfaces to become slippery, and as such, advance warning must be given, and clear signage must be placed at the location of use, describing potential slip hazards. Dry Ice Machines must only be operated by trained personnel – The extreme cold temperature of dry ice means that it must only be handled by trained and experienced personnel and thermal insulating gloves must be worn at all times when handling dry ice. Dry ice machines may only be used in well-ventilated areas.
7 Payment
Credit/ Debit Card, and BACS Transfer are all acceptable methods of payment. Our Terms for payment are usually stated on invoices issued to you, but if no Terms are given on such documentation then the Terms are payment in full before any equipment is released to your care. All goods for sale remain the property of Pegasus Sound and Light until paid for in full. Payments remain non refundable under all circumstances, unless the criteria of the cancelation policy is met.
In the event that any Monies payable to Pegasus Sound and Light by the client remain outstanding by their due date, Pegasus Sound and Light reserves the right to charge interest on any outstanding monies at a rate of 8% above the Bank of England Base Rate, until such time as the balance is paid in full, in accordance with the Late Payment of Commercial Debts Act 1998. Interest will accrue on a monthly compound basis. In addition to this, the client may be subject to the payment of a late payment fee of £20. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Full payment must be paid at the time of making a booking or reservation, unless otherwise agreed in writing by Pegasus Sound and light. In the event of cancellation a refund will be given based on the terms outlined in the Cancellation policy section.
The client agrees that the total amount due for the event will be the agreed price stated on the Rental Agreement, plus the cost of any other charges as detailed in these Terms and Conditions – herein after referred to as the ‘final amount’.
Payment of the final amount must be made before any equipment is released or delivered to the client. Pegasus Sound and Light reserves the right to cancel the services if said payment is not received, with all monies still payable.
In the event of the client breaching any part of these Terms and Conditions, Pegasus Sound and Light reserves the right to cancel or withdraw the services, with full payment of the final amount still applicable.
7.1 Credit Accounts
Goods and services are supplied on account only to approved account holders who have completed this form and have been accepted for credit. Terms are net 7 days from date of equipment hire. Account payments are accepted by direct bank transfer or credit/debit card payment over the phone.
Pegasus Sound and Light has the right to review the customer account status, suspend and/or terminate the account and raise or lower the credit limit without notice and for any reason. Lapsed accounts may be terminated without notice. In the event of default from our terms and conditions, Pegasus Sound and Light shall be entitled to recover compound interest at the rate of 5% per month on outstanding indebtedness to the date of payment. The company may offer a settlement discount (Prompt Payment Discount – PPD) allowable only if payment is received strictly within the settlement period and all previous invoices are cleared in full. PPD applies to the whole invoice including carriage and VAT. In accordance with HMRC PPD legislation the customer is required to account for the VAT proportion of the VAT taken.
7.2 Debt Collection
In addition to Pegasus Sound and Light’s own dedicated credit control procedures, we may use the services of a third party debt collection agency. Bad or doubtful debts or overdue accounts will be passed to the debt collection agency at our discretion. Pegasus Sound and Light will make reasonable endeavours to notify the customer, prior to such action being taken. Debts passed to the debt collection agency will incur additional costs and interest from the outset.
8 Cancellation Policy
Minimum 24 hours notice of cancellation is required. Notification for instance, via email, mobile phone ‘text message’ or any other physical/ electronic means will be accepted subject to confirmation by email or in writing (by post). We are unable to accept cancellations by telephone.
In the event that the client wishes to make a cancellation, depending on the closeness of the confirmation of cancellation to the date of the hire/installation/event to be cancelled, the below charges will apply:
A cancellation of services within 7 days of your hire/installation/event date shall result in a 75% charge of the final amount being payable. If the client has already paid the full amount, the client will receive a refund of 25% within 14 days of us receiving written confirmation of cancellation.
A cancellation of services within 7-28 days of the hire/installation/event date shall result in a 50% charge of the final amount being levied. If the client has already paid the full amount, the client will receive a refund of 50% within 7 days of us receiving written confirmation of cancellation. Fee not applicable to trade customers who have been accepted for a Trade Rental Account.
In the event of a cancellation of services more than 28 days in advance of the hire/installation/event date, there shall be no further charges, however the minimum charge amount of £40.00 Admin fee for the booking remains non-refundable.
We are only able to accept cancelations in writing, sent by post (addressed to: Pegasus Sound and Light, 23-25 Canongate, The Royal Mile, Edinburgh, EH8 8BX) or email (addressed to: [email protected]).
In the unlikely event that Pegasus Sound and Light are unable to attend your event personally in order to provide Set-up, Delivery, Sound and Lighting Technician services or any other services, due to unforeseen circumstances, such as but not limited to; accident, death or sudden illness, Pegasus Sound and Light will endeavour to provide a suitable substitute of similar standards for your event. Whilst every effort will be made to supply a replacement, Pegasus Sound and Light cannot guarantee this, and in such cases, the client shall receive a full refund for any services not carried out, and may seek to claim compensation to a maximum value, not exceeding the total contracted value of services not carried out.
Pegasus Sound and Light will not be held liable for non-fulfilment of contract by any contracted artiste. Under these circumstances only the contracted artiste will be held liable for up to and no more than the contracted amount.
Pegasus Sound and Light shall have the right to cancel their services should it be deemed that the client has not fully adhered to these Terms and Conditions. Under these circumstances, the client will be liable to pay a cancellation fee of 50% of the final amount less any payments received. Payments remain non refundable under all circumstances.
Cancellation fees, as described above in this section, must be paid within 7 days of the date of cancellation. If such fee is not received within this time, the outstanding monies will be subject to the same interest charges and late payment fees as described in the Payment Section of these Terms and Conditions.
9 Availability
Unless otherwise stated, the services featured on our websites are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through our websites. Redistribution or republication of any part of our websites or their content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from its sites will be uninterrupted, timely or error free, although it is provided to the best ability. By using these services you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
10 Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of our websites.
This Company’s logo is a trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on our websites are trade marked and subject to copyright.
11 Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our websites or via Company literature or via the Company’s stated telephone or mobile telephone numbers.
12 Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
13 Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
14 General
The laws of Scotland govern these terms and conditions. By accessing our websites, booking our services or buying or reserving our products for hire, you consent to these terms and conditions and to the exclusive jurisdiction of the Scottish courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
14.1 Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of our websites will signify your acceptance of any adjustment to these terms. If there are any changes in how we use our sites’ customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. You are advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and us. Your accessing of our websites and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.