Terms


 

These Terms and Conditions are the standard terms for the provision of services by Audioshows Ltd, trading as Birthday Radio, a Private Limited Company registered in England under number 09820831,whose registered address is 86-90 Paul Street, London, EC2A 4NE.

 

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day” means any day other than a Saturday, Sunday or bank holiday; “Calendar Day” means any day of the year; “Contract” means the contract for the provision of Services, as explained in Clause 3; “Deposit” means an advance payment made to Us under sub-Clause 5.5; “Month” means a calendar month; “Price” means the price payable for the Services; “Services” means the services which are to be provided by Us to you as specified in your Booking (and confirmed in Our Booking Confirmation); “Special Price” means a special offer price payable for Services which We may offer from time to time; “Booking” means your Booking for the Services; “Booking Confirmation” means Our acceptance and confirmation of your Booking as described in Clause 3; “We/Us/Our” means Audioshows Ltd, trading as Birthday Radio, a Private Limited Company registered in England under number 09820831, whose registered address is 86-90 Paul Street, London, EC2A 4NE. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, or other means.

 

The Contract

These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you.  Before submitting an Booking, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Booking constitutes a contractual offer that We may, at our discretion, accept.

A legally binding contract between Us and you will be created upon our acceptance of your Booking, indicated by Our Booking Confirmation.  Booking Confirmations will be provided by email.

We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

- The main characteristics of the Services;

- Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);

- The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

- The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;

- Our complaints handling policy;

- Where applicable, details of after-sales services and commercial guarantees;

- The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;

- Where applicable, the functionality, including appropriate technical protection measures, of digital content;

- Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.

 

Bookings

All Bookings for Services made by you will be subject to these Terms and Conditions.

We may cancel your Booking at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control.  If such cancellation is necessary, We will inform you as soon as is reasonably possible.  If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation.  Cancellations will be confirmed in writing.

 

Price and Payment

The Price of the Services will be that shown on our website in place at the time of your Booking. Our Prices may change at any time but these changes will not affect Bookings that We have already accepted.

In certain circumstances, if your Booking is cancelled, your payment will be refunded in full or in part.  The amount due will be calculated based upon the Price for the Services, and the amount of work (if any) already undertaken by Us.  Please refer to sub-Clauses 4.4 and 4.5 if your Booking is cancelled before the Services begin, or to Clause 10 if the Services are cancelled after they have begun.

 

Providing the Services

As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the radio industry, and in accordance with any information provided by Us about the Services and about Us.

We will make every reasonable effort to complete the Services on time (and in accordance with your Booking).  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.

We require any information and action from you in Booking to provide the Services, If the information or action required of you under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.

In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services so we may resolve the issue.  Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.

 

Problems with the Services and Your Legal Rights

We always use reasonable efforts to ensure that Our provision of the Services is trouble-free.  If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible.

We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.

We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault.  If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may charge you for remedial work.

As a consumer, you have certain legal rights with respect to the purchase of services.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.  If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price.  If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.

 

Our Liability

We are not responsible for any loss or damage that you may suffer as a result of using our service except as detailed below.

We provide Services for domestic and private use (or purposes).  We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind.  By making your Booking, you agree that you will not use the Services for such purposes.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.

Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

- We will inform you as soon as is reasonably possible;

- Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

- If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;

If the event outside of Our control continues for more than 1 week, We may cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

 

Cancellation

Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving Us 7 days written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.  If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.

If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.  If you cancel because of Our breach under sub-Clause 10.3.1, you will not be required to make any payments to Us.  

- We have breached the Contract in any material way and have failed to remedy that breach within 14 days of you asking Us to do so in writing; or

- We enter into liquidation or have an administrator or receiver appointed over Our assets; or

- We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4)

 

We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

 

Communication and Contact Details

If you wish to contact Us, you may do so by email at team@birthdayradio.co.uk or by post at Audioshows Ltd, 86-90 Paul Street, London, EC2A 4NE.

 

Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

If you wish to complain about any aspect of your dealings with Us, please email Us at team@birthdayradio.co.uk

How We Use Your Personal Information (Data Protection)

All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

We may use your personal information to:

- Provide Our Services to you.

- Process your payment for the Services.

- Inform you of new products and services available from Us.  You may request that We stop sending you this information at any time.

- We will not pass on your personal information to any other third parties without first obtaining your express permission.

 

Other Important Terms

We may transfer or assign Our obligations and rights under these Terms and Conditions and under the Contract, as applicable to a third party (this may happen, for example, if We sell Our business).  If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

You may not transfer or assign your obligations and rights under these Terms and Conditions and under the Contract, as applicable without Our express written permission.

The Contract is between you and Us.  No other person or third party in any way will be entitled to enforce any provision of these Terms and Conditions.

If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

 

Governing Law and Jurisdiction

These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.

Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.