1 General
1.1 If you are hiring on behalf of a business or organisation you confirm that you have the necessary authority to enter into this contract on behalf of that business or organisation, and that you will indemnify us against all losses and expense which may be incurred if this is not the case.
1.2 Jum Media reserve the right to decline some or all of your order, for any reason.
1.3 These Terms and Conditions are subject to change without notice.
1.4 These terms and conditions are in addition to any other terms provided within a signed agreement.
1.5 Should a conflict occur between occur between these conditions and any condition within a signed agreement, Jum Media reserves the right to decide which conditions are prevailing.
2 Live Events
2.1 Any event booked and managed by Jum Media shall be subject to these terms and conditions.
2.2 Jum Media reserves the right to refuse to provide services to any customer, for any reason.
2.3 All costs associated with the event, including but not limited to, equipment hire, staffing, travel and accommodation will be discussed and agreed with the customer prior to the event.
2.4 All equipment supplied for the event will remain the property of Jum Media, and shall not be removed from the premises without prior agreement.
2.5 Jum Media will be responsible for the set-up, operation and removal of any equipment supplied by Jum Media.
2.6 The customer will be responsible for the set-up and operation of any equipment not supplied by Jum Media.
2.7 The customer shall be responsible for the safety of any equipment supplied by Jum Media.
3 Equipment Hire
3.1 Any equipment hired by Jum Media will be subject to these terms and conditions.
3.2 Jum Media reserves the right to refuse to provide services to any customer, for any reason.
3.3 All costs associated with the equipment hire, including but not limited to, delivery, set-up and installation will be discussed and agreed with the customer prior to the hire. Any changes to the agreement with be charged in addition.
3.4 All equipment supplied for the hire will remain the property of Jum Media, and shall not be removed from the premises without prior agreement.
3.5 Jum Media will be responsible for the set-up, operation and removal of any equipment supplied by Jum Media.
3.6 The customer will be responsible for the set-up and operation of any equipment not supplied by Jum Media.
3.7 The customer shall be responsible for the safety of any equipment supplied by Jum Media.
3.8 The customer shall be responsible for any damage or loss of equipment during the hire period.
4 Contract
4.1 You may place your booking or hire with Jum Media by email and phone, however bookings are only classed as booked when confirmed in writing via email or signed agreement and any deposits are paid in full.
4.2 We will provide you with a quote confirming availability (or otherwise) of the booking and stating total costs including setup, delivery, travel or other applicable charges. We will also provide you with a link to these set of these terms and conditions.
4.3 The contract between us will be formed when you advise us in writing that you accept the quote and pay any invoices that are issued to you. The quote is open for acceptance within the period stated, however if no such period is stated then within 14 days of the date of the quote or 48hrs prior to event whichever comes first.
4.4 These terms and conditions (which shall only be waived or amended in writing and signed by Jum Media) shall prevail over all other conditions, including your order/ confirmation conditions, if any and to the extent of any inconsistency.
5 Invoices
5.1 Jum Media will provide an invoice upon the acceptance or as required by a signed agreement.
5.2a All Events are to be paid in full prior to the event or as per the signed agreement from Jum Media.
5.2b At our discretion we may allow payment to be within a 14 day time frame or we may ask for a deposit prior to delivery with the balance within the allowed time frame. The precise structure of payment will be specified in the quote.
5.3 Jum Media accept payment by cash, credit card or Via Bank transfer. Surcharges may apply.
5.4 Where any payment is not made by the date specified in the invoice we shall be entitled to charge reasonable collection fees and interest on the outstanding amount/s at the rate of 15% per month to be calculated on a daily basis from the date of due payment until the date of actual payment or judgment.
6 Risk
6.1 The risk in the Equipment will pass to you upon delivery or installation, or, where you choose to uplift the Equipment directly, at the moment of uplift.
6.2 When uplifting the Equipment directly from us you should ensure that you have suitable transport as we reserve the right to refuse removal of Equipment where appropriate arrangements for safe and lawful transport of the Equipment has not been made. If the start of the hire is delayed for this reason we reserve the right to charge at the daily rate shown in the quote during the period of delay
7 Cancellation
7.1 Jum Media reserves the rights to charge cancellation fees. If you decide to cancel, notice must be provided in writing. In these circumstances, we reserve the right to levy a cancellation charge equal to a percentage of the order, calculated as follows:
7.2.1 fewer than 2 working days before the Commencement date and time, 50% of the Charges;
7.2.2 less than 1 working days before the Commencement date and time, 100% of the Charges,
7.3 In addition to the Cancellation Charge, you must reimburse us for any costs incurred by us in preparation for the provision of our services including, but not limited to, the cost of the manufactured items, production charges, venue charges and entertainment charges where such costs have not already been paid to us.
7.4 If you are a private customer cancelling, then you must advise us in writing immediately or by email.
8 Your responsibilities when hiring equipment without an operator
8.1 You will make all reasonable efforts to ensure that the Equipment is not damaged or misused during the period of the event. This includes ensuring that the Equipment can safely be used with any other equipment which you use.
8.2 You are responsible for and required to check that all items and Equipment that has been delivered, that all items are accounted for prior to and post use at pick up.
8.3 You will make all reasonable efforts to ensure that any person operating or using the Equipment during the period of the hire is instructed in the safe and proper operation of the Equipment.
8.4 You shall not sell or attempt to sell or otherwise dispose of the Equipment.
8.5 You shall reimburse Jum Media for all costs in connection with repairing or replacing Equipment not returned in good condition, pay us the full retail cost of any Equipment which is lost stolen or damaged beyond economic repair, and insure the Equipment against such liability.
8.6 You agree to pay the full daily rate for all items of Equipment which require to be replaced or repaired until such repair or replacement has been completed.
8.7 Jum Media give no warranty as to the suitability of the Equipment for any particular purpose required by you. You warrant that you have read and understood the manufacturers specifications in respect to the Equipment.
8.8 This clause 7 shall not affect your statutory rights or seek to exclude liability which cannot be excluded under the Trade Practices Act 1974 “as amended”.
9 Maintenance
9.1 You agree to properly maintain the Equipment during the period of the hire and to notify us as soon as reasonably practicable if there is a problem with the operation of any item of Equipment.
9.2 Any damaged or faulty item of Equipment should be returned, at your expense (subject to clause 8.3) to us. In no circumstances should you proceed to repair any item of Equipment without our prior approval.
9.3 Where the problem with the Equipment is caused by a fault not discoverable by reasonable examination in preparation, delivery and/or installation, we will reimburse you for hire charges during the period when the Equipment could not be used due to this fault. However our obligation under this clause does not cover faults caused by misuse wear and tear, accident or neglect.
9.4 You shall not alter or modify the Equipment or use it for purposes for which it is not designed.
9.5 You agree that we have a right of access to the Equipment in order to inspect, repair or replace it and you authorise us to enter any property where the Equipment is located or where we reasonably believe it to be located, to carry out such inspection, repair or replacement.
10 Liability and Indemnity
10.1 To the fullest extent permissible under law, we will not be liable for any losses (direct, indirect or consequential) you incur arising out of or in connection with the hire of the Equipment.
10.2 Notwithstanding the terms of clause 5.1 in the event that we are held liable for losses which you have incurred arising out of or in connection with the hire of the Equipment, our liability to you shall be limited to a sum equal to the amount paid by you for the Equipment hired or the cost to us of re-hiring the Equipment to you.
10.3 You agree to indemnify us at all times in respect of all claims by any person in relation to any injury, loss, claim or expense arising out of or in connection with the use of the Equipment
10.4 If you are a consumer, this clause 10 does not affect your statutory rights.
11 Termination of Hire
11.1 Jum Media shall be entitled to terminate the contract immediately and to repossess the Equipment at any time where you are in breach of these terms and conditions, or you take any steps, or if any process or action is started which, in our reasonable opinion suggests that your solvency is in doubt.
11.2 Where the provisions of clause 11.1 apply, you authorise us to enter any property where we reasonably believe Equipment to be, in order to repossess such Equipment.
12 Governing law
12.1 These terms and conditions, any agreement or and the contract for the hire of the Equipment are governed by law of NSW and are subject to the exclusive jurisdiction of the NSW Courts.
13 Force Majeure
13.1 Jum Media shall not be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure.
14 GST
14.1 Unless otherwise stated all costs quoted by Jum Media are net, exclusive of Goods and Services Tax (“GST”).
14.2 You will bear all liability for GST and shall not require Jum Media to pay to you any amount on account of GST. In addition, Jum Media will be entitled to recover from you any GST paid or payable by us in respect to providing a service or the hiring of the Equipment.
15 Credit
15.1 Jum Media shall be entitled without notice to terminate any credit arrangement with you in the event of you defaulting in respect to any of these terms and conditions or our quote or for any other reason which we need not make known to you.
15.2 Jum Media shall be entitled at any time to request such security or additional security as we shall in our discretion think fit and shall be entitled to withhold supply of the Equipment or any credit arrangements until such security or additional security is provided by you.
15.3 Any outstanding amounts on Overdue accounts will be subject to interest at the rate prescribed by the Penalty Interest Rates Act plus 2%, calculated daily from the due date until paid in full and, together with any legal expenses incurred by us (on a fully indemnified basis) in relation to recovering the outstanding amounts, will be payable on demand.
16 Copyright and Intellectual Property
“Confidential Information” means the provisions of this agreement, Intellectual Property Rights, all information (in any form) of, related to or connected with Jum Media operations and affairs including financial, budgetary, marketing, research and business plan information; trade secrets, licences, quotations, master material, know-how; customer lists and supplier lists; all other information (in any form) of a confidential nature directly or indirectly disclosed by or on behalf of Jum Media to any other party or parties to this agreement; and all material, analyses, compilations, calculations, conclusions, summaries or other material derived or produced from, or incorporating any of, the information referred to in this definition.
“Intellectual Property Rights” means all intellectual property rights throughout the world, including all registered and unregistered rights of copyright, designs, plans, circuit layouts, workshop drawings, trade-marks, master material files or information including but not limited to trade secrets, know-how, moral rights, confidential information, patents, inventions, discoveries and domain names and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation.
16.1 You agree and warrant that you must/will: a) keep the Confidential Information confidential and not disclose, or cause or permit the disclosure of, any Confidential Information to any person, except as permitted by this agreement or by law or with Jum Media’s prior written consent; b) maintain proper and secure custody of the Confidential Information and keep it protected from any use, disclosure or access inconsistent with this agreement and do all things necessary, prudent or desirable to safeguard confidentiality of Confidential Information; c) not make, permit, solicit or assist any other person to make, any announcement, public statement, press release or any other communication or disclosure concerning any Confidential Information without Jum Media’s prior written consent; and e) comply with Jum Media’s reasonable directions about Confidential Information.
16.2 You further agree and warrant that you must/will: a) notify Jum Media immediately if you suspect, or become aware of, unauthorised use, or disclosure of Confidential Information; b) immediately take all reasonable steps to prevent or stop any suspected or actual unauthorised use of Confidential Information; and c) promptly do anything that Jum Media reasonably requires to restrain a breach or suspected breach of this agreement or any infringement or suspected infringement of the Discloser’s rights under this agreement; or enforce this agreement, whether by court proceedings or otherwise.
17. No Waiver
Any delay by us in exercising any right or power is not to operate as a waiver of that right or power and a single or partial exercise of any right or power does not preclude any other or further exercise of that right or power.