Terms & Conditions
These Terms and Conditions govern the engagements between The Different Darling and the Client for event planning, styling, and coordination services. By agreeing to use our services and signing our Contract, you agree to be bound by these Terms and Conditions.
1.0 DEFINITIONS
1.1 “Advancement” means the advancement of the booking or service in accordance with these terms and conditions.
1.2 “Booking" or "Service” means the booking or service booked by the Client in accordance with these terms and conditions;
1.3 “Cancellation” means a cancellation of the booking in accordance with these terms and conditions.
1.4 “Client” means the Client(s), Contact(s), You, and Account holder referred to in the Contract and includes where applicable, any party authorising payments of any and all amounts due under the Booking or service booking in accordance with these terms and conditions.
1.5 “Contract” is the document used to confirm your booking or service. This confirms the total price, date, start and finish times, and any other key information relating to the Booking or service.
1.6 “Deposit” means a Booking Fee paid to The Different Darling in clear funds to secure a booking or service.
1.7 “Event” used interchangeably with “Booking” is the specific occasion or gathering for which The Different Darling is contracted to provide services.
1.8 “Inconvenience Fee” means the fee that acts as compensation for administrative costs, stock loss, and lost opportunity associated with a booking or service or reservation
1.9 “Lead Time” The amount of time between booking the services and the scheduled date of the event.
1.10 “Package” A predefined set of services offered by the company for a particular type of event.
1.11 “Postponement” means the postponement of the booking or service in accordance with these terms and conditions.
1.12 “Price" or "Total Price" or “Value” refers to the amount the Client and The Different Darling have agreed to for the execution of a booking or service.
1.13 “Quotation” or “Quote” is the formal statement of a price and terms for services provided by The Different Darling and their suppliers.
1.14“Services” means the services to be provided by us, including but not limited to event planning, event design, event management, event hosting, provision of marketing support, project management, graphic design processes, market research, PR services, and sponsorship.
1.15 “Suppliers” or “Third Party Suppliers” External vendors or partners engaged by the company to provide specific products or services for the event.
1.16 “Terms and Conditions” means the terms of use that The Client agrees to abide by in order to use the Services.
1.17 “The Different Darling” means Milly Bakker-Meyers trading as The Different Darling ABN (Pending) (and in the context of these Terms and Conditions includes “we”, “us”)
2.0 VALIDITY OF QUOTES
2.1 Any quotes provided to the Client are valid for a 14-day period after which items and pricing may vary.
3.0 DATE HOLDS
3.1 To place a date on hold, The Different Darling must be notified in writing of the booking or service date or a date range that you would like to have placed on a tentative hold. If the date is available and the booking or service is deemed by us to be suitable, we will do so.
3.2 A date can be on a tentative hold in the system for a maximum of 7 days from the time the request is received by The Different Darling. A tentative hold is not a booking but rather an expression of interest in a booking or service date. You and The Different Darling are under no formal obligation until a Contract is signed and a deposit is received in cleared funds.
3.3 In the event that another client is interested in the date on hold we will try and contact you to offer you the opportunity to book within 24hrs. In the event that we are unable to make contact or you do not confirm your booking within 24 hrs, we reserve the right to take a booking on any date that does not have a confirmed booking or service confirmed on it, without The Different Darling having any liability or consequence.
4.0 CONFIRMING YOUR BOOKING
4.1 If you would like to confirm a booking, The Different Darling must be notified in writing. You will be forwarded the The Different Darling Contract which includes these Terms & Conditions. A deposit invoice will be raised and payment of this along with a signed Contract must be returned to The Different Darling within 7 days of receipt.
4.2 In the event that the Contract or Booking Fee is not received within 7 days your booking will be void and The Different Darling reserves the right to open that date up to other clients with no liability or consequence.
5.0 UPON CONTRACT COMMENCEMENT
5.1 The contract starts when you have agreed to use our services and signed our contract, agreeing to keep these conditions, and funds of the deposit have cleared.
5.2 Upon accepting this contract you agree that the commitment by The Different Darling to you includes all items and services as outlined in the itemised invoice issued.
5.3 You understand that you are engaging The Different Darling as professional event planner, stylist, and/or coordinator. The Different Darling reserves the right to make all final decisions pertaining to the selections of suppliers/service providers.
5.4 The Different Darling will use their judgement when taking action in regard to late changes, weather, tardiness and non-performance based on the situation, time limitations and/or your wishes.
5.5 As the client, you must commit to providing all necessary details for The Different Darling to fulfill their service to you. This may include but is not limited to: personal information of friends and family members such as names & dietary requirements, or, any arrangements made or services booked for the event prior to engaging The Different Darling.
5.6 In providing our services, particularly hosting events, you must follow any reasonable instructions given by our suppliers. Failure to follow instructions resulting in loss or damage makes you liable for said loss or damage.
6.0 FEES & PAYMENTS / INVOICES / GST
6.1 Please be aware that the Client included on the Contract is liable for payment of all charges pertaining to the Booking or Service, Cancellation, Advancement or Postponement of the Booking or Service.
6.2 Package Deposits
The fees for our services will be agreed upon and specified under separate cover.
6.2.1 Strategy Session:
A non-refundable deposit payment of 100% is required at the time of booking.
6.2.2 For all other packages, booked with a lead time greater than thirty (30) days:
A non-refundable deposit of $1000, or 50% of the selected The Different Darling package/service price (whichever is greater), is due upon signing the contract unless otherwise agreed. The remaining Different Darling package balance is due fourteen (14) days prior to the event.
6.2.3 For all other packages, booked with less than thirty (30) days lead time:
Full (non-refundable) payment of the selected The Different Darling package/service price is due upon signing the contract unless otherwise agreed.
6.3 The Different Darling charges the client a 10% surcharge on the suppliers quote.
6.4 A $550 surcharge is applicable to events that fall on a public holiday.
6.5 Travel costs may apply depending on your event details and will be quoted as accurately as possible ahead of time by The Different Darling. If the venue distance is 90 minutes or more from Newcastle, travel is charged at $1 + GST per km. If the travel time is more than two hours, accommodation may be required for the evening. This will be quoted on booking.
6.6 Any parking or travel fees that are in addition to what has been estimated will be added to the invoice for payment.
6.7 Suppliers Fees & Payments
6.7.1 Fees and charges incurred by our suppliers are payable as per suppliers' terms and conditions.
6.7.2 The Different Darling will provide a strict vendor payment schedule to the client that must be adhered to.
6.7.3 The Different Darling is unable to make advance payments to suppliers on your behalf. You must ensure we have received cleared payment in time for us to meet suppliers’ payment schedules. We cannot be held liable if you fail to clear funds in time, and the supplier withdraws their service. The Different Darling will not be held liable for any outstanding payments to suppliers on your behalf.
6.8 Invoices
Invoices are payable within 10 business days of issue.
6.8.1 In the event that payment of the Booking or service is not received within the specified time, or any payment is dishonoured, The Different Darling reserves the right to cancel the Booking or service booking without any liability or consequence.
6.8.2 If you do not pay us the amounts due and payable under these terms on or before its due date, you will be charged an interest rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by us.
6.8.3 In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal costs on a full indemnity basis.
6.9 GST
Unless otherwise indicated, amounts stated on the Website or in an Offline Booking include GST or explicitly state the amount of GST applicable. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing you with a tax invoice.
7.0 SUPPLIERS
7.1 The Different Darling will engage and contract suppliers on your behalf, however to the maximum extent permitted under applicable Law, we will not be liable for any acts or damage caused by third party supplies, including where such third parties cause delay to an event.
7.2 You must follow any reasonable instructions given by our suppliers. Failure to follow instructions resulting in loss or damage makes you liable for said loss or damage.
7.3 If at any time a supplier we have engaged is unable to provide the product/service as originally quoted, The Different Darling may substitute a new supplier/service provider with or without advance notice at our discretion. Any additional costs incurred will be payable by you the client.
7.4 The Different Darling reserves the right to make all final decisions pertaining to the selections of suppliers/service providers.
7.5 The Different Darling may receive commissions or incentives from suppliers. We will disclose any commissions/incentives upon request, ensuring your best interests are always prioritized for value for money.
8.0 INDEMNITY, RELEASE, LIMITATION OF LIABILITY AND INSURANCE
8.1 The Client indemnifies The Different Darling and any related entity or person, their employees, or agents, from and against all claims, demands, actions, damages, losses and liabilities, costs and expenses (including, but not limited to legal costs on an indemnity basis), incurred by The Different Darling as a consequence of any breach by the Client in relation to:
8.1.1 The Booking or service, any related thing arising prior to, during or after the Booking or service,
8.1.2 Any damage, loss, injury or death caused or contributed to by the Client and their guests;
8.1.3 Any default or breach by the Client of these Terms and Conditions; or
8.1.4 Any part of the Services contemplated, including any liability which The Different Darling cannot or has not excluded under these Terms and Conditions.
8.2 Each indemnity of the Client contained in these Terms and Conditions is a continuing obligation of the Client and remains in full force and effect after the completion of the Booking or service.
8.3 The indemnity provided under this clause is reduced to the extent that such claim, cost, loss, damage or liability occurs due to the negligence of The Different Darling.
8.4 To the fullest extent legally possible, the Client, Card Holder, any guest, Contractor or any invitees of the Client irrevocably release and hold harmless The Different Darling and any related entity or person, their employees or agents from all claims for loss or damage in connection with the provision of the business or any part of the Services or otherwise and including a full release in respect to any claim in tort or contract and whether for trespass, negligence, misfeasance, wilful act or omission, default or otherwise and whether claiming for consequential, direct, special damages or otherwise.
8.5 For the avoidance of doubt, any liability under the Australian Consumer Law and Fair-Trading Act 2012 or otherwise, which cannot be legally avoided will be limited to the supply of the Services or the supply of the Services again.
9.0 CHANGE OF DATE / CANCELLATION
9.1 Change of Date by Client
9.1.1 Date Advancement
Subject to written notice to The Different Darling, we may agree to a date advancement. Date advancement incurs a $250 inconvenience fee. The new date should be within 6 months prior to the original date; otherwise, our previous quote may need to be revised to include potential cost increases incurred/rate increases from suppliers for faster turnaround.
9.1.2 Date Postponement
If a Booking or service is postponed the following terms are applicable:
9.1.2.a More than 6 months’ notice: the postponement fee will be equivalent to the deposit amount, plus a $250 inconvenience fee.
9.1.2.b Notice of 3 to 6 months: the postponement fee will be the full cancellation fee as per 9.2.3.
9.1.2.c Less than 3 months’ notice: the postponement fee will be the full cancellation fee as per 9.2.4.
9.1.3 The Different Darling will make their best endeavours to accommodate any date advancement or date postponement, however, cannot guarantee a new date.
9.1.4 The Client accepts that the pricing of the booking or service for a newly agreed date, will be based on our requirements at the time of the new date and the previous price will be void. All outstanding payments due will be adjusted to conform with the new price and reflective of that change.
9.1.5 The client accepts that if a booking or service is postponed to a new date, this contract will be terminated, and the parties will enter into a new contract for the new date.
9.2 Cancellation by Client
If the client chooses to cancel the booking for the Booking or service, the following terms will be applicable. These terms are to compensate The Different Darling for the administration costs, business losses and lost opportunity. These shall be considered liquidated damages.
9.2.1 More than 6 months’ notice, cancellation fee will be equivalent to the initial deposit amount, thus the deposit amount will be forfeited, plus any additional fees associated with suppliers as per their cancellation terms and conditions. Supplier deposits may also be forfeited, pending their cancellation terms and conditions.
9.2.3 Notice of 3 to 6 months, cancellation fee will be equivalent to the initial deposit amount, thus the deposit amount will be forfeited, in addition to the full remaining amount owed for the value of The Different Darling package/services, plus any additional fees associated with suppliers as per their cancellation terms and conditions. Supplier deposits may also be forfeited, pending their cancellation terms and conditions.
9.2.4 Less than 3 months’ notice, cancellation fee will be equivalent to the initial deposit amount, thus the deposit amount will be forfeited, in addition to the full remaining amount owed for the value of The Different Darling package/services with an additional $750 inconvenience fee, plus any additional fees associated with suppliers as per their cancellation terms and conditions. Supplier deposits may also be forfeited, pending their cancellation terms and conditions.
9.3 Cancellation by The Different Darling
The Different Darling reserves the right to cancel or postpone any confirmed booking if:
9.3.1 Any payments are not made by the due date. In this scenario, no refunds will be issued to the client.
9.3.2 The nature of the Booking or service alters in a way, including, but not limited to the type of booking or service changes or the nature of the booking or service changes in such a way that it would be prejudicial to the corporate image of The Different Darling. In this scenario, The Different Darling may choose to refund full or partial monies paid for services. Any payments made to suppliers will be refunded or retained as per the supplier’s terms and conditions.
9.3.3 Undue difficulties arise in communications between The Different Darling and the Client, the nominated contact person or anyone else associated with the client, in relation to the Booking or service. The deposit will be retained by The Different Darling however any further payments for The Different Darling’s services will be refunded to the client. Any payments made to suppliers will be refunded or retained as per the supplier’s terms and conditions.
9.3.4 The Client does not abide by any time requirements set out in these Terms and Conditions or in any communication with them. In this scenario, no refunds will be issued to the client.
9.3.5 Any arrangement or proposal for the Booking or service is unacceptable to The Different Darling. In this scenario, The Different Darling may choose to refund full or partial monies paid for services. Any payments made to suppliers will be refunded or retained as per the supplier’s terms and conditions.
9.3.6 There are double bookings and The Different Darling is unable to conduct the Booking or service due to a conflict of date or time. In this scenario, The Different Darling may choose to refund full or partial monies paid for services. Any payments made to suppliers will be refunded or retained as per the supplier’s terms and conditions.
9.4 The Client agrees that all cancellation and postponement charges and fees are reasonable and agree that they act as compensation for The Different Darling administrative costs, stock loss and lost opportunity.
9.5 If The Different Darling cancels or postpones any confirmed booking, we will use all reasonable endeavours to make alternative arrangements to your satisfaction including arranging an alternative suitable supplier and/or nominating an alternative suitable date. If suitable alternative arrangements cannot be agreed, The Different Darling will refund monies paid as per the previously stated scenarios but will not be liable in any way for any other claim, demand, or compensation.
10.0 DESIGN RELATED TERMS AND CONDITIONS
10.1 Intellectual Property
The Different Darling owns all intellectual property, including all designs, literary and artistic works, documentation, plans, drawings, specifications, sketches, reports, graphics, and logos created by it in relation to the event. Any evidence of breach of copyright will be subject to legal action. Any unused design concepts remain our property and may be used for other clients in the future. The Different Darling retains personal rights to use completed projects as examples in our design portfolio.
10.2 Client Changes and Approvals
10.2.1 Design quotes are based on concept development. Any changes must be communicated by email. Extensive changes to documents must be provided as marked-up copy. Additional charges may apply.
10.2.2 The final proof will be sent to you for approval. You must thoroughly check all final proofs and notify us of any required changes, including correcting errors. Once approved, you agree to pay reprint costs for any errors overlooked. Please note that there may be color variation between screen and final product and between printers, jobs, and print runs.
11.0 IMAGES
11.1 The client gives permission and shall allow The Different Darling to use any photographs of them, the wedding ceremony/reception/or event setting for viewing on our website and related social media outlets for promotional purposes only. The Different Darling will obtain written consent from your photographer for the use of their professional images. The photographer will be credited for each photo. The couple will be contacted for permission and written consent for use of images for any other form of advertising other than publication on www.thedifferentdarling.com and various social media channels linked to the business.
11.2 The Different Darling gives permission and shall allow the couple to use any photographs/videos in which the event/wedding planner appears.
12.0 FORCE MAJEURE
Should The Different Darling be prevented or substantially impeded from implementing and/or providing any Services contemplated or confirmed due to circumstances beyond its control such as; fire, flooding, power failures, natural disasters, strikes, lock-out, war, terrorism, sabotage, act of God, Government intervention (direct or indirect), Government or other development or redevelopment (direct or indirect) or infection/contagion which is considered to render providing the service unsafe for customers, guests and employees. The Client will make no claim for loss or damage against The Different Darling or any related entity or person and will not permit any party, to make any claim through the Client.
13.0 VARIATION OF TERMS AND CONDITIONS
13.1 In the event of a postponement whereby a new contract is agreed to, the terms and conditions agreed to in the original contract will be null and void and the terms and conditions at the time of the new agreement will supersede the original terms and conditions.
13.2 These terms and conditions may be changed by The Different Darling, upon providing 14 days’ notice.
13.3 Any legal cost incurred by The Different Darling in negotiating changes to the terms and conditions at the request of the customer, limited to the amount of $1500, shall be at the expense of the client.
14.0 ENDING THIS CONTRACT
We may end this contract if you break its terms, or as a company, you become bankrupt/enter into a voluntary agreement with creditors/a receiver is appointed. Under these circumstances, it will end immediately, and we will recover costs.