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Terms of
Business
1.
Carouselwindsor may
act as an Employment Agency or as an Employment Business, at its sole
discretion. The way in which Carouselwindsor is
acting for each booking will be made clear to all concerned parties
prior to the completion of negotiations, and will be clearly shown in
the documentation issued.
2.When acting as an
Employment Agency
a)
Carouselwindsor
acts as negotiator only and is not party to the resulting contracts.
For this reason Carouselwindsor cannot accept
responsibility for non-fulfilment or breach of any such contract, but
every reasonable safeguard is assured. Wherever possible in such cases
Carouselwindsor will replace the act or
engagement with one of similar price and quality.
b)
Carouselwindsor
seeks to negotiate agreements for the Artiste in those branches of the
Entertainment field for which the Artiste is suited by reason of his
talent and ability.
c)
For the provision of this
service
Carouselwindsor charges a fee equivalent to an
agreed percentage of the contracted fee receivable by the Artiste, in
accordance with our Commission Policy Statement. Carouselwindsor will
also collect any applicable tax (for example VAT)
which is due under English Law. The charge may be made to either the
Artiste or Client subject to the negotiated acceptance of the party in
question.
d)
The Fee (Commission) is
charged only
after the provision of the service has been completed therefore there
is no provision for a refund of commission in any circumstances.
e)
Where charged to the
Artiste, the fee
(commission) will still be due if the Artiste fails to appear, said
non-appearance being as a result of any action or inaction of the
Artiste.
f)
Where charged to the Client
the fee
(commission) is normally payable in advance and is always
non-refundable.
g)
Cancellation of any contract
negotiated
through Carouselwindsor is not normally possible
without the agreement of all concerned parties. In the event of
cancellation by either party without cause of illness or other
unavoidable circumstances, Carouselwindsor
reserves the right to levy a charge of up to 15% of the agreed fee
against the cancelling party, to cover the additional expenses involved
in the said cancellation. This is in addition to any amounts that may
be payable by either party under the terms of the said contract.
h)
Carouselwindsor
normally acts as negotiator only and as such may not enter into
agreements on behalf of third parties. If at any time Carouselwindsor
is authorised to enter into agreements on
behalf of the Artiste or Client for any individual booking such
authority will be made known to both parties during the negotiation.
i)
Carouselwindsor may
receive fees due to the Artiste (for example in the event of a no
pickup booking or in the course of arriving at a dispute resolution)
but must account to the Artiste for any such payment that it receives.
j)
Agreements are made
separately for each
booking, and there is no requirement for any Artiste to accept any
booking offered. The Artiste can therefore end the relationship by
simply not accepting any further bookings and the Agent can end the
relationship by not offering any such bookings.
k) If
any Artiste seeking
employment under a
normal non-exclusive agency representation agreement (i.e. who has not
signed under a management or sole representation contract) should wish
to cease being represented by Carouselwindsor and
have their name and details removed from any promotional materials
issued by the Agency they can give a minimum of 28 days notice in
writing. From that point no further promotional materials featuring the
Artiste will be created, but it must be understood that it is not
possible to remove information from hard copy products already
published.
l)
The Artiste will be required
to honour
any and all contracts negotiated and accepted prior to the expiry of
such written notice. The Artiste must undertake to ensure that any
ongoing commission or other financial remuneration due is paid to
Carouselwindsor promptly and in accordance with
these Terms of Business.
3)
When acting as an Employment Business
a)
Carouselwindsor is
a party to each contract and accepts responsibility for its obligations
under the terms of each individual agreement, including the obligation
to pay the contracted fee to the Artiste where it is due regardless of
whether or not Carouselwindsor has been paid by
the Client.
b)
The fee payable to the
Artiste will be
that fee agreed by him or her and duly indicated in the contract.
c) No
charge other than the
contracted fee
is made
d)
The Artiste will be employed
under a
contract for services
e)
Any contract entered into
between
Carouselwindsor and the Artiste will be for an
agreed period (normally one performance) and will not provide for
cancellation by either party.
f)
Since the Artiste will be
self-employed
or an incorporated body there is no entitlement to Holiday Pay or any
payment in lieu thereof.
4)
Commission and monies owed
to Carouselwindsor shall be remitted within 7 (seven) days of
the engagement or as otherwise stated in the written confirmation.
Carouselwindsor reserves the right to deduct
monies owed to the Agency by any individual Artiste from any monies due
to that Artiste, and forward any balance.
5) In
order to ensure that
there are no
non-appearances or let downs, all verbal agreements are confirmed by
the signing of written contracts. In the event of very short notice
bookings, the written contract may be sent after the event for your
records.
6)
The display and / or
presentation of any
Artiste’s address and / or telephone number at an engagement
negotiated
through this agency shall be regarded as a breach of contract and may
render the Artiste liable to pay severe damages in respect of that
breach.
7)
Any contract negotiated
through this
agency shall be subject to these terms of business unless otherwise
agreed in writing between all concerned parties; in particular, any
conflicting terms of business shall have no effect. The document
“
Commission Policy” forms part of these terms, and must be
read and
construed as such. All contracts to which these conditions apply shall
be construed in accordance with English Law.
8) No
servant or agent of this
agency has
the power to vary these terms and conditions.
9)
Whenever the context so
admits, words
importing the masculine shall include the feminine and the singular
shall include the plural and vice versa as appropriate.
Privacy
Policy
This policy sets out the basis on which any personal data that you
provide to Carouselwindsor will be processed.
Information
we collect provided by you includes:
Your name.
Your postal address, billing address, telephone number and e-mail.
Your company name and job role.
Your potential event details including event date, venue and any other
relevant information.
How we
use your personal data:
Responding to your initial enquiry.
Communicating with you to plan your event.
Raising your booking quotation/contract.
Issuing invoices for payment.
Where we store your personal data:
All items of personal data are stored electronically on either our:
Database, Banking System or Accounting Software.
All of our systems are password protected and access is limited to only
those who specifically need to process the data. In addition, we
undertake a regular review of all the information we hold.
We may share your
information with:
Suppliers and service providers in relation to an enquiry you have made
with us.
Central Government in order to comply with any legal obligation.
Credit/Debit Card
Payments – Third Party Links
Payment for our service is generally made by BACS however payment can
be made via our website and is administered by a third-party credit
card processing company over which Carouselwindsor has no control and
this service is used entirely at your own risk.
How long do we keep
your information?
We are required under UK tax law to keep your basic personal data
(name, address, contact details) for a minimum of 7 years after which
time it will be destroyed.
Changes to our Privacy Policy
We regularly review our privacy policy and update it when necessary.
Any changes we may make in the future will be posted on this page.
If you have any questions regarding how Carouselwindsor uses your
personal data or should any of your personal data need to be updated
please contact us.
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