SOUNDOUT (PTY) LTD FULL TERMS AND CONDITIONS

DEFINITIONS

1. ‘Client’: Person or legal entity hiring the equipment and/or service from SoundOut. A company or organization requires an authorised representative to sign.
2. ‘SoundOut’: SoundOut (Pty) Ltd 2014/213668/07. 
3. ‘Equipment’: All tangible items supplied by SoundOut.
4. ‘Services’: All services supplied by SoundOut. 
5. ‘Contract period’: The contract period starts when SoundOut arrives at the job site and ends when they leave. In the case of dry hires the contract period starts when the client collects the equipment (or when it is delivered to them) and ends when they return the equipment (or when it it collected from them). 
6. ‘Dry hire’: The equipment is hired to the client without any additional service from SoundOut. The client operates and takes full responsibility for the equipment.

TERMS AND CONDITIONS

1. The client agrees to be bound by the following terms and conditions. The client also acknowledges that they understand and have read all of the terms and conditions on this document prior to singing.
2. The client certifies that all supplied information is true and accurate.
3. In order for an order to be valid the client must digitally or physically sign these terms and conditions AND receive written confirmation from SoundOut that the order is accepted. 

A) PAYMENT 

1. The full amount stated on the invoice or quote is due before the start of the contract period unless specifically stated in writing by SoundOut. A valid proof of payment is required for electronic funds transfers and must include the quote/invoice/project reference number.
2. A 50% non-refundable deposit is required to book equipment and services where the quote/invoice total exceeds R2000.00 incl. VAT
3. Overtime charges will apply if the contract period is extended for any reason.
4. The full amount on the quote/invoice is still due for any cancellations within 48 hours of the start of the contract period.

B) EQUIPMENT

1. The client shall not rent out or sub-let any equipment without the express written permission of SoundOut.
2. DRY HIRE: The client is responsible for ANY damage to the equipment including theft or loss during the contract period.
3. DRY HIRE: The equipment must be under constant supervision by the client.
4. DRY HIRE: The equipment may only be used within its safe operating parameters as the manufacturer intended and in accordance with industry standards and safety regulations. The client is responsible for requesting lessons on how to use the equipment if necessary.
5. DRY HIRE: The client takes full responsibility for the safe use and construction of any rigging equipment that is hired from SoundOut.
6. NON-DRY HIRE: The client is responsible for ensuring a safe environment for all persons and equipment during the contract period and is responsible for ANY damages or theft to equipment that arise during the contract period unless caused by SoundOut itself.
7. The equipment will be inspected upon its return to our warehouse and the client will be notified of any damages within 48 hours, thereafter they have 5 business days to compensate SoundOut in full for the specified damage/loss/theft.
8. The equipment remains the property of SoundOut at all times.
9. ​SoundOut reserves the right to supply equivalent equipment should the quoted items not be available. 

C) INDEMNITY

1. The client may not hold SoundOut responsible for any damage to any property or for any injury/death to any person(s) at the event. This includes but is not limited to any improper use of equipment, mistreatment of equipment or accidents involving the equipment by persons other than SoundOut staff. It is the clients responsibility to ensure that all suppliers are adhering to the relevant safety regulations via a safety officer. The client must provide medical support staff where necessary.
2. The client may not hold SoundOut responsible for the failure or poor outcome of an event.

D) CLIENT OBLIGATIONS

1. The client must provide sufficient and competent security services for all persons, equipment and vehicles during the contract period. Please consult with us if you are unsure what qualifies as sufficient and competent.
2. The client must secure adequate insurance for the event including but not limited to cover of the equipment whilst at the job site.
3. There must be sufficient and secure parking space for SoundOut vehicles and a reasonable load-in route to the setup area.
4. There must be a safe, sufficient and fully functional electrical supply at the venue unless SoundOut provides its own power.
5. The client must provide SoundOut with access to clean drinking water and clean toilets during the contract period. 

E) GENERAL CONDITIONS

1. All bookings are considered ‘rain or shine’ and no refunds will be issued in the case of bad weather - the client must provide sufficient protection from the weather for all equipment and SoundOut staff. If weather conditions become too dangerous the equipment and services will be withdrawn without refund.
2. There will be no refunds or changes to the contract period in the case of load shedding or power outage.
3. If the equipment is to be run from a generator this must be sourced from SoundOut or approved in writing by SoundOut. SoundOut reserves the right to charge high penalties for any use of unauthorized generators.
4. Any stage, lighting or visual designs created by SoundOut remain the intellectual property of SoundOut unless specified in writing. Any photo/video material of our designs that are published publicly must credit SoundOut where relevant. We reserve the right to take pictures of our designs and publish them on our social media accounts and websites unless a non-disclosure agreement is signed.
5. SoundOut cannot be held responsible for problems due to supplied media material from the client or guests. 
6. Any relaxation of any of these terms and conditions by SoundOut does not constitute a waiver of the terms and conditions in any way.
7. SoundOut reserves the right to terminate the service and immediately retrieve/withdraw any equipment if the operating conditions become unsafe or if the client breaches any of the above terms and conditions. No refund will be issued in this case.

For any questions about these terms and conditions please contact info@soundout.co.za