Terms & conditions
1.1 The following words and expressions shall have the following meanings unless the context otherwise requires:
“Additional Business Discount” means the discount set out in the Membership Pack and relates to multiple memberships;
“Advertisement” means any content containing graphics or text put forward (via post, email or our website) by the Advertising Member to be included in a Membership Profile on the AES website or within any AES social media platform advertisements;
“Advertising/Member Profile Space” means advertising and/or member profile space available on the AES website (www.auroraeventservices.co.uk) and/or social media platforms booked by the Advertising Member pursuant to these Terms;
“Advertising Member” means a supplier to the events and/or entertainment industries and includes any person, partnership or company and/or its agent placing bookings for the insertion of an Advertisement;
“AES Platform” means the Company’s website (www.auroraeventservices.co.uk);
“AES Social Media Platforms” means all or some of the AES social media platforms, which include, Facebook, Twitter, Instagram, LinkedIn and any other social media accounts AES may open in the future;
“AES Website” means www.auroraeventservices.co.uk;
“AES” is an abbreviation and is used throughout these terms and conditions to mean Aurora Event Services (UK) Ltd;
“Company, We, Us” means Aurora Event Services (UK) Ltd a company registered in England and Wales with registration number 12005427 whose registered office is at 24 Countess Avenue, Bridgwater, Somerset, TA6 3TJ, UK;
“Contract” means any agreement for the sale and purchase of Advertising / Member Profile Space that is entered into between the Company and the Advertising Member;
“Discount Rate” means any applicable discount(s) set out in the Membership Packages;
“Live” means to make the Advertising Members Membership Profile on the AES Website and the AES Social Media Platforms active and visible to the public;
“Membership Acceptance Form” means confirmation by the Company in writing (by post or by email) that your membership has been accepted and a contract has been formed;
“Membership Content” means advertising text, content or graphics intended for reproduction by the Company as an Advertisement or Membership Profile;
“Membership Pack” means the information relating to all aspects of our membership and is available in digital and hard copy format;
“Membership Packages” means the information relating to the different tier levels of membership available to Advertising Members and is displayed on the packages page on the AES Website and within the AES Membership Pack;
“Membership Profile” means the space given to an Advertising Member on the AES website to advertise their goods, services and company;
“Membership Rate” means the rates set out in the Membership Packages page on the AES Website and within the Membership Pack;
“Membership Specifications” means the specifications for Membership Profiles and Advertisements set out in the Membership Pack;
“Notice of Cancellation” means the notice from the Advertising Member either in writing to firstname.lastname@example.org or by post to 24 Countess Avenue, Bridgwater, Somerset. TA6 3TJ informing the Company that the Advertising Member wishes to cancel the Contract;
“Paid Membership Renewal” means the renewal of an Advertising Members Advertisement after the initial 12-months free trail;
“Production Deadline” means the dates specified in the Membership Pack for editorial material, advert booking and advert artwork;
“Working Day” means each day excluding Saturdays, Sundays and English bank and other public holidays.
“You or Your” means the Advertising Member;
1.2 In these Terms
1.2.1 words in the singular include the plural meaning and words in the plural include the singular meaning; use of any gender includes all other genders;
1.2.2 headings are for reference only and do not affect the meaning or interpretation of these Terms;
1.2.3 references to any act, regulation, code of practice or statutory order shall be interpreted so as to include any change, re-enactment or extension of the act, regulation, code of practice or statutory order; and
1.2.4 any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality).
2. basis of contract
2.1 These Terms shall apply to the sale by the Company of all Advertising / Member Profile Space purchased by the Advertising Member via the telephone, post, AES Website or in person and these Terms shall govern each Contract to the exclusion of any other terms and conditions introduced or submitted by the Advertising Member.
2.2 When an Advertising Member places a booking for Advertising / Member Profile Space on the Company’s website (www.auroraeventservices.co.uk), on the AES Social Media Platforms, over the telephone, in person or sending a booking form by post or by fax this will constitute an offer.
2.3 Acceptance of a membership and the completion of the Contract shall take place on the date the Company issues a Membership Acceptance Form.
3. acceptance of membership
3.1 Memberships are accepted subject to the following conditions:
3.1.1 Any Membership Content requested by the Company must be received by the Company no later than 1 week prior to the agreed “Live” date. The Advertising Member shall supply the Membership Content in such forms as the Company shall specify in the Membership Specifications.
3.1.2 Approval of Membership Content shall not in any way prejudice the Company’s right to reject the Membership Content; and
3.1.3 Advertising / Member Profile Space being available.
3.2 the Company has at its absolute discretion the right to omit, suspend or change the position of any Advertisement accepted including but not limited to the following reasons:
3.2.1 to comply with legal or moral obligations placed on the Company or any Advertising Member; and
3.2.2 to avoid infringing third party’s rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority.
3.3 if the Company decides that the Membership Content is unsuitable in accordance with clause 3.2, the Company will notify the Advertising Member in writing who must then supply an alternative copy within 3 Working Days of receiving the notification unless otherwise agreed by the Company in writing. If the Company does not receive alternative copies within 3 Working Days, the Company shall be entitled at its discretion to prioritise other Advertising Members membership applications, possibly causing delays to the Advertising Members profile going “Live” on the AES Website.
3.4 the Company may make any additions to, changes in or deletions from any Membership Content required by any competent authority, provided that the Company shall inform the Advertising Member prior to making any addition, change or deletion, where reasonably practicable.
3.5 In the event that the Membership Content does not comply with the Membership Specification the Company shall be permitted to either reject or change the Membership Content to comply with the Membership Specification. Such changes may include (but are not limited to) reformatting, cropping, resizing and editing.
3.6 In the event that the Company fails to publish any Advertisement or Membership Profile in accordance with clause 3.2, 3.3, 3.4 and 3.5, the Company shall not incur any liability to the Advertising Member for any damage or loss in respect of non-publication.
3.7 It is the responsibility of the Advertising Member to check that the Membership Content is correct. Without prejudice to clause 3.2, the Company accepts no liability for any error in the Advertisement, or in the case of multiple Advertisements the repetition of an error unless notified to the Company immediately at the point at which the error occurs.
4. Advertisement Content and Advertisement Warranties
4.1 The Advertising Member warrants that:
4.1.1 it has the full power and authority to enter into and perform these terms;
4.1.2 it complies with all applicable laws, rules and regulations and any industry codes or rules (by which the Advertising Member or the Company may be bound) that are in force at the time the Advertisement is to be inserted;
4.1.3 the Advertisement does not contain any material that shall breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render the Company liable to any claims or proceedings whatsoever;
4.1.4 in respect of any Advertisement submitted which contains the name or pictorial representation (photographic or otherwise) of any living person and / or any part of any living person and / or copy by which any living person is or can be identified, the Advertising Member has obtained any authority of such living person to make use of such name, representation and / or copy;
4.1.5 the Advertisement submitted is not obscene or libellous;
4.1.6 the Advertisement and any information submitted must be legal, decent, honest and truthful and comply with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority;
4.1.7 the Advertising Member understands, acknowledges and accepts that any information submitted during the registration process and for inclusion in the Membership Profile must meet the Membership Specifications and the Company cannot be held liable to any claims or proceedings whatsoever as a result of breaches of GDPR legislation.
4.2 the Advertising Member agrees to indemnify the Company and keep it indemnified against all claims, costs, proceedings, demands, losses, damages or expenses whatsoever arising directly or indirectly as a result of any breach or non-performance of any of the representations, warranties or other terms herein contained or implied by law.
5.1 Membership Setup Fee
5.1.1 The Company will invoice the Advertising Member for the agreed membership setup fee of £20 + VAT at the same time as the Company issues the Membership Acceptance Form. Invoices will be due and payable within 7 days of the date of the invoice.
5.1.2 The Company reserves the right to not make the Advertising Member’s Membership Profile “Live” on the AES Website and AES Social Media Platforms until the membership setup fee invoice has been paid in full;
5.1.3 In the event of the Advertising Member issuing a Notice of Cancellation within the 14 day cooling off period from the date the Membership Acceptance Form was received by the Company and the membership setup fee being paid, the Advertising Member will receive a full refund of the membership setup fee as set out in clause 6.1.1
5.1.4 In the event of the Advertising Member issuing a Notice of Cancellation after the 14 day cooling off period from the date the Membership Acceptance Form was received by the Company and the membership setup fee being paid, the Advertising Member will be subject to a cancellation fee as set out in clause 6.1.2
5.1.5 In the event of a membership setup fee invoice not being paid in full within 30 days from the date the Membership Acceptance Form was received by the Company and the membership setup fee being paid, and no Notice of Cancellation being received in writing from the Advertising Member the Company will assume the membership registration has been cancelled and the Advertising Member will be subject to a cancellation fee as set out in clause 6.1.3
5.2 Monthly Membership Rates – Year 2 and onwards (Membership renewal)
5.2.1 Subject to clause 5.2.2 below, the Membership Rate to be paid by the Advertising Member from year 2 and onwards is the rate displayed in the Company’s Membership Pack at the time when the membership registration is received by the Company and subject to the membership package chosen at the point of registration and any discounts agreed in writing by the Company. The Company reserves the right to change the Membership Rate at anytime by giving 30 days notice.
5.2.2 In the event that the Company discovers an error in the price and/or information for the Advertising / Member Profile Space within the membership registration process or within the membership renewal process (including the setting up of the direct debit mandate) by the Advertising Member; the Company shall notify the Advertising Member as soon as practically possible providing the Advertising Member the option of either reconfirming the membership registration / renewal at the correct price and/or information or cancel the membership registration / renewal.
5.2.3 If the Company is unable to contact the Advertising Member within 14 days for the purposes of clause 5.2.2, the membership registration shall be deemed cancelled. Failure by the Company to make contact with the Advertising Member within the time frame stipulated in this clause 5.2.3, will result in any payments made in part or in full for the Advertising / Member Profile Space or the membership setup fee becoming non refundable.
5.2.4 Subject to the Advertising Member agreeing to extend their membership in writing into year 2 as set out in clause 6.1.4; the Company will issue a Paid Membership Renewal Form and direct debit mandate. The Paid Membership Renewal Form and direct debit mandate must be completed and returned within 14 days. Failure to return the Paid Membership Renewal Form and direct debit mandate within 14 days will result in the Advertising Members Membership Profile being temporarily deactivated until a time that the Paid Membership Renewal Form and direct debit mandate have been received.
5.2.5 If the Advertising Member wishes to cancel their membership and Advertisement they must do so within 14 days of the Paid Membership Renewal Form being issued. In accordance with clauses 8.1.1 and 8.1.2, if Advertising Members choose to cancel their membership within the first 12 months of membership (including not renewing their membership) membership setup fees are not refunded.
(Excludes Notice of Cancellations received within the 14 day cooling off period as set out in clause 5.1.3)
5.2.6 If the Advertising Member fails to return the Paid Membership Renewal Form and direct debit mandate within 14 days, the Company will attempt to make contact with the Advertising Member for a further 14 days. If after 28 days the Company have not been able to make contact with the Advertising Member, the Company reserves the right to renew the Advertising Members membership and invoice the Advertising Member for the first month’s membership fees at the Membership Rate associated with the Membership Package chosen at registration OR cancel the Advertising Members membership and remove all their information / data from our servers as set out in clause 6.5
5.2.7 Monthly direct debits will be setup on either the 1st, 8th, 15th or 22nd of each month. The date closest to the Advertising Members 12 month renewal date will be automatically chosen. If the Advertising Member requests the direct debit to be set up for one of the other dates, pro rata costs may be incurred on the first invoice.
5.3 Late Payments
5.3.1 In the event that Membership Setup Fees are not made by the due date in accordance with clause 5.1 above (in respect of which time shall be of the essence) or monthly direct debit payment(s) being declined, the Company reserves the right to charge interest on the amount outstanding at a rate of 2% above the base rate of Santander Bank accruing daily.
6. contract cancellation
6.1 During 12-Month FREE Membership Period
6.1.1 The Advertising Member shall have a 14-day cooling off period from the date of the Membership Acceptance Form being issued in which they may issue a Notice of Cancellation in writing. Cancellations made in writing within the 14 day cooling off period are subject to a full refund of any membership setup fees paid.
6.1.2 Cancellations made after the 14-day cooling off period but before 30 days has expired of the Membership Acceptance Form being issued are subject to a cancellation fee of 50% of the membership setup fee + VAT (£10 + VAT)
6.1.3 Contract completion occurs when the Company accepts the Advertising Members membership registration and on the day the Company issues the Membership Acceptance Form (See clause 2.3). No cancellation made following the period of 30 days from the date the Company’s issues the Membership Acceptance Form will be accepted and no membership setup fees will be refund in full or part; any membership setup fees that remain outstanding and were not paid within 7 days of the Membership Acceptance Form being issued and in accordance with clause 5.1.1 will remain due regardless of membership status and will incur interest charges as set out in clause 5.3.1
6.1.4 14 days prior to the initial free 12-month period expiring, the Company will contact the Advertising Member to let them know their 12-month free membership is going to expire and offer them a Paid Membership Renewal. If the Advertising Member wishes to cancel their membership and Advertisement they must do within 14 days of receiving the Paid Membership Renewal Form.
6.1.5 In the event of the Company not receiving a Notice of Cancellation within 14 days of issuing the Paid Membership Renewal from the Advertising Member; the company reserves the right to either renew the Advertising Members membership and invoice the Advertising Member for the first month’s membership fees at the Membership Rate associated with the Membership Package chosen at registration OR cancel the Advertising Members membership and remove all their information / data from our servers.
6.1.6 In the event of the Company cancelling the Advertising Members membership and removing all their information / data from our servers; any future registrations from the Advertising Members Company or other companies with the same Owners / Directors (as listed at Companies House) will be deemed to be a new registration and will incur a Membership Setup Fee as set out in clause 5.1.1
6.2 After 12-Month FREE Membership Period – During Paid Membership
6.2.1 Contract renewal completion occurs when the Company receives the Advertising Members Paid Membership Renewal Form (See clause 6.1.4).
6.2.2 Contract cancellations made after the Company receives the Advertising Members Paid Membership Renewal Form requires 30 days notice in writing. There is no cooling off period for Paid Membership Renewals and the 30 day notice period will be invoiced at the monthly rate, determined by the Membership Rate chosen by the Advertising Member at the point of membership renewal.
6.2.3 Any membership cancellations made by the Advertising Member during the 2-year of membership (1st year of paid membership) will result in any outstanding Membership Setup Fees not be refund in part or full.
6.2.4 In the event of the Advertising Member giving 30 days notice to cancel their Advertising / Member Profile Space, on the 31st day the Company will cancel the Advertising Members membership and removing all their information / data from our servers; as set out in clause 6.1.6; any future registrations from the Advertising Members Company or other companies with the same Owners / Directors (as listed at Companies House) will be deemed to be a new registration and will incur a Membership Setup Fee as set out in clause 5.1.1
7. additional business discounts
7.1 Any Additional Business Discount granted by the Company to the Advertising Member for Multiple Business Memberships will apply only in the event that all the Advertisements / Memberships contemplated are placed. In the event that the Advertising Member cancels or does not proceed with any Multiple Business Membership, the Advertising Member will lose the right to the Additional Business Discount and will be charged at the Short Rate.
7.2 Advertising Members must have more than one membership active to benefit from the Additional Business Discount. In the event of an Advertising Member cancelling a membership that results in only one active membership remaining, the Advertising Member will lose the right to the Additional Business Discount and will be charged at the Short Rate on the remaining Membership Package.
7.3 Only one Additional Business Discount can be redeemed by each Advertising Member and will applied to the primary (first) membership accepted.
7.4 Eligibility for Additional Business Discount is subject to all additional businesses having the same owner / director as the primary membership and are listed on both business registrations at Companies House.
8.1 Membership Setup Fees Refunds
8.1.1 Full refunds of the membership setup fees are subject to Advertising Members cancelling their membership within the 14-day cooling off period as set out in clause 6.1.1 OR remaining members of the AES Platform for an additional year as a paid member as set out in clause 8.1.2 below.
8.1.2 Refunds are issued in year 2 of membership and are deducted from an Advertising Members monthly membership fee at a rate of 1/12 of £24 (Inc VAT) per month (£2 per month discounted from the Advertising Members monthly invoices)
8.2 Other Cancellation Refunds
8.2.1 Aurora Event Services (UK) Ltd issues all other refunds within 14 days of receiving a Notice of Cancellation.
9. Indemnity and Liability
9.1 Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by the negligence of the Company or any other liability that may not otherwise be limited or excluded under applicable law.
9.2 Subject to clauses 9.1 and notwithstanding this clause 9, the Company’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by the Advertising Member for the Advertising / Member Profile Space in respect of one incident or series of incidents attributable to the same clause.
9.3 Subject to clause 9.2 above, the Company shall not be liable in contract, tort (including limitation negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for any:
9.3.1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
9.3.2 loss of goodwill or reputation; or
9.3.3 special or indirect losses suffered or incurred by that party arising out of or in connection with the provision of any matter under these Terms.
9.4 The Advertising Member shall indemnify the Company against any claim, cost, loss, damage and/or expense that the Company may incur as a direct or indirect consequence of the Company publishing the Advertisement in accordance with the instructions of the Advertising Member.
10.1 The Advertising Member hereby grants to the Company a worldwide licence to reproduce, display, distribute and copy the Advertisement on the AES Website and on the AES Social Media Platforms if applicable.
10.2 It is the sole responsibility of the Advertising Member to ensure all the content of the Advertisement complies with all sub-clauses under clause 4 Advertisement Content and Advertisement Warranties and the Advertising Member indemnifies the Company against all claims, costs, proceedings, demands, losses, damages or expenses whatsoever arising directly or indirectly as a result of any breaches of the sub-clauses set out in clause 4 Advertisement Content and Advertisement Warranties
11. Miscellaneous provisions
11.1 This Contract shall be governed by the laws of England and any dispute will be resolved exclusively in the courts of England.
11.2 The Company shall be under no liability for any delay or failure to deliver Advertising / Member Profile Space or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
11.3 If any portion of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.
11.4 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
11.5 No delay or failure by the Company to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of the Company.
11.6 These Terms including the documents or other sources referred to in these terms and conditions supersede all prior representations undertakings and agreements between the Advertising Member and the Company relating to the use of the AES Website (including the registration and booking of Advertising / Member Profile Space) and sets forth the entire agreement and understanding between the Advertising Member and the Company.