HOPP Supplier HOPP Platform Terms and Conditions
This summary is intended to provide an overview of the community guidelines we follow as part of the standard terms between House of Party Planning Limited (“HOPP”) and a Service Provider. They do not constitute an agreement and our full standard terms must be consulted. For full standard terms please see below.
HOPP generates new event enquiries to venues and other service providers.
- HOPP is a free service for customers. Commission is paid for by the venue or service provider and cannot be added on top of a client’s quote.
- Confirmed bookings are commissionable by HOPP when any of the following has taken place before a client is in contact with the venue or other service provider directly.
- A client requests that HOPP make an enquiry at a venue, or other service provider;
- HOPP makes contact with a venue, or other service provider, on behalf of a client;
- A client submits their details to HOPP through any means of communication with the purpose of making an enquiry at a venue, or other service provider
- HOPP provides a client with the contact details of a venue, or other service provider, with the purpose of making an enquiry
- When a client enquires directly to a venue, or other service provider, demonstrably as a result of HOPP having recommended that venue or service provider to that client
- Commission is on total final spend (exc VAT) by a client. This includes (but is not limited to):
- venue hire, food and beverage, accommodation, A/V and all other ancillary goods and services
- items or services that are not included in the initial contract, but later become part of the event revenue
- HOPP requires that copies of contracts and receipts of other spending by clients are provided promptly by the venue or service provider.
- HOPP may issue commission invoices from the day after the event.
- Should the venue or service provider not be able to share the total final spend amount due to any reasons, HOPP reserves the rights to charge commission based on the initial quotation or estimate of the final spend. The commission amount will be dependent on the payment terms selected by the service provider when joining HOPP’s platform.
- HOPP invoices are payable within 28 days.
Terms and Conditions
This page sets out our Terms and Conditions on which you (the “Service Provider” or any of your representatives) agree to be bound by making use of HOPP Website Ltd (“HOPP”) services.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 4, WHICH ENTITLES US TO CHARGE COMMISSION ON ANY BOOKINGS YOU RECEIVE AS A RESULT OF USING SERVICES PROVIDED BY US.
Please read these Terms and Conditions carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions and obligations to comply with applicable laws and regulations.
These Terms and Conditions are accepted by you or any representative making use of HOPP services having been made aware of these terms via any means of communication. Solely for the purposes of documentation, we may also ask you, or any representative, to accept these terms via our Site or by signing these terms either physically or electronically.
The HOPP services comprise of two areas, a) our Online Enquiry Platform, b) our HOPP Match-maker Service. Use of any of these two services constitutes use of the HOPP services.
- a) Online Enquiry Platform
The Online Enquiry Platform comprises an online platform through which Service Providers may create listings for the hire and letting of venues or the provision of services related to the hire and letting of venues. Customers browsing the site (the “Customer(s)”) may enquire about venues, or the provision of services related to venues, directly with Service Providers or with our Agency Team. Bookings may then be made directly with Service Providers or with our Agency Team as a result of these enquiries
- b) HOPP Expert Service
The HOPP Expert Service is provided when a member of the HOPP Team suggests Service Providers to Customers, who may or may not have browsed the site, so that they may learn about and book venues directly with Service Providers.
You understand and agree that HOPP is not a party to any agreement entered into between the Service Provider and Customer, nor is HOPP acting as an agent, or in partnership with any Service Provider or Customer. HOPP has no control over the conduct of Service Providers or Customers, other users of the Services, Listings, or any Service Provider advertised on the Site, or advocated by our HOPP Expert Service, and disclaims all liability in this regard to the maximum extent permitted by law.
You acknowledge and agree that, by using or accessing the Services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have accepted these terms via our Site or by signing these terms either physically or electronically. If you do not agree to these terms, then you have no right to access or use the Services. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
If you accept or agree to these terms they shall continue in full force and effect, subject to termination in accordance with the provisions of these terms.
The Online Enquiry Platform and HOPP Expert Service are intended to be used to facilitate the introduction of Customers to Service Providers for the purpose of booking venues, or the provision of services related to venues, directly between those two parties. The Marketing Services services are intended to make Customers aware of a Service Provider so that they may book their venue, or use their venue related services.
HOPP does not control the content contained in any Listings, or other information provided directly or indirectly by the Service Provider, and does not make any warranty or representation to the Customer as to the condition, legality or suitability of any Venue. HOPP is not responsible for and disclaims any and all liability related to any and all Listings and Service Providers. Accordingly, any Listings advertised by the Service Provider, or bookings made by the Customer, are done so at their own risk.
1.1 The service is operated by HOPP Website Limited, a company registered in England and Wales under company number 1684942. The registered office for House of Party Planning Limited is Cambridge House, 16 High Street, Saffron Walden, Essex, England, CB10 1AX.
1.2 Definitions in these Terms and Conditions:
Account: means an account created by a Service Provider or by the HOPP Team on behalf of a Service Provider on the Site for the purpose of creating Public or Private Listings, pursuant to the registration process and requirements as determined by HOPP from time to time.
Affiliate: any entity that directly or indirectly Controls, is Controlled by, or is under common Control with the Service Provider, which is otherwise not also a Service Provider.
Agreed Commission: the agreed commission shall be either 10% or 12.5% depending on the membership option chosen when agreeing to become a member of the HOPP platform.
Business Day: any day other than a Saturday or Sunday or a bank or public holiday in England.
Completed Booking: shall mean a Confirmed Booking, following which the Event takes place in accordance with the agreement made at the time of Confirmed Booking, or on such other re-scheduled Event Date as the Service Provider and Customer may subsequently agree upon.
Cancelled Booking: shall mean a Confirmed Booking following which the Customer notifies the Service Provider that the Event is cancelled and/or postponed for a period of not less than 3 years’ after the date on which a Enquiry is made.
Confirmed Booking: shall mean a Service Provider agreeing with a Customer, in writing or otherwise, for a Service Provider to undertake the provision, hire or letting of goods and services involved in an Event in exchange for money or other benefit.
Control: the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the general management of that Person, and Controls, Controlled shall be construed accordingly.
Customer: a Person or Company using the Services for the purpose of an event provided by the Service Provider.
Customer Spend: the total final price (exclusive of VAT) agreed to be payable from the Customer to the Service Provider. This may be for the provision, hire or letting of a goods or services by a Service Provider to a Customer on an Event Date(s) (which shall include, but not be limited to, venue hire, accommodation, catering, cancellation fees and all other ancillary services required for the Event, which are provided or facilitated by the Service Provider). This shall include both items which are booked, or committed to via a minimum spend, before the Event Date(s) and items that are not pre-agreed but become payable on, or after, the Event Date(s). If the Service Provider has failed to provide HOPP a Customer Spend within 30 days of the first Event Date(s) then the Customer Spend shall be the maximum feasible Customer Spend according to the information available to HOPP. When a Service Provider has had to give a discount due to failure to provide a service, unsatisfactory service or similar circumstances then this discount shall not affect the Customer Spend.
Enquiries: an Enquiry is made when any of the following occur:
(a) a Customer makes contact (or attempts to make contact) with a Service Provider through the Site by submitting their personal contact details via a form on the Site, in respect of using a Listing or Venue;
(b) a member of the HOPP Team contacts (or attempts to contact) a Service Provider on behalf of a Customer (by whatever means available, whether by email, phone, the Site or otherwise) in respect of a potential Booking with a Service Provider or an Affiliate; or
(c) a member of the HOPP Team suggests a particular Service Provider to a Customer (whether or not contact has been made by HOPP with the Service Provider); or
(d) a Customer makes a telephone call to HOPP regarding an Event and is directly transferred to a Service Provider; or
(e) a Customer engages a venue on premises during a visit that has been facilitated by HOPP, this may include viewings for separate enquiries or client events; or
(f) a Service Provider refers a Customer (for whatever reason) to another Service Provider or an Affiliate which has been previously referred to them under points (a), (b), (c) or (d).
An Enquiry shall be for any Events which arise from the chain of contact arising from an Introduction. For the avoidance of doubt, if a Customer initially enquiries regarding Event A, but on viewing a venue decides to book that Service Provider for Event B, then both Event A and Event B shall be commissionable. If a Customer returns, not via HOPP, after Event A and wishes to book Event B then Event B shall not be commissionable. and “Enquiry” shall be interpreted accordingly.
Event: the provision, hire or letting of a goods or services by a Service Provider to a Customer on an Event Date(s) in exchange for money or other benefit. This may be, but is not limited to, the hire of a venue or the provision of venue related services.
Event Date(s): the date or consecutive dates on which an Event for which a Confirmed Booking is made, takes place. For the avoidance of doubt, this includes any set up and de-rig days.
HOPP Team: any officer, employee, agent or representative of HOPP Website Limited, or any other person working on behalf of HOPP.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Introduction: after, or at the point, an Enquiry is made from which a Service Provider and a Customer communicate directly regarding an Event or other related arrangements. This introduction may be made by HOPP, directly between the Customer and Service provider or by an unrelated third party.
Listing: means a Public Listing or a Private Listing.
Marketing Services: additional marketing activities carried out to market Service Providers to Customers.
Person: shall mean any natural person, or corporate or unincorporated body (whether or not having separate legal personality).
Public Listing: means a web page connected with the Account (as generated by the Site) which describes a Venue available for hire.
Private Listing: means details of a Venue or Supplier. which have been submitted privately to the HOPP Team (which can otherwise become a Public Listing subject to the express instruction of the Service Provider) for the purpose of allowing the HOPP Team to advertise a Venue or Supplier to Customers, otherwise than through the Site. This shall include details for a venue which are in the process of becoming a Public Listing as well as details for a venue which are intended to remain Private.
Recurring Event: shall mean an Event(s) which repeat across multiple Event Dates which have arisen from a single Enquiry, or an Event(s) which re-occurs more than once with the same Service Provider.
For the avoidance of doubt:
- A series of lectures at the same Service Provider, or a Christmas party that repeats at the same venue are considered Recurring Events (i.e. same event re-ocurring), irrespective of how the Customer re-books the repeat events.
- A company Christmas Party followed by a quarterly reception (i.e. two different events, not recurrences of the same event), each organised at the same Service Provider by the same Customer but via separate Enquiries are not considered Recurring Events.
Services: means those services which HOPP provides to Service Providers and Customers from time to time, whether through the Site or otherwise.
Site: the website as found at the root domain https://houseofpartyplanning.com and including all subdomains.
Venue: a location or set of locations of which a Service Provider has operational control over or may be compensated for the use of, and for which the Service Provider has advertised the use of such Venue through HOPP (whether through the Site or otherwise).
Service Provider ("You"): means the Person, or any of their representatives, in who may provide, hire or let goods or services to a Customer for an Event.
2.1 By using the Services, having been made aware of these terms, you have agreed to receive Enquiries. This includes accepting any enquiries by either:
- a) providing additional information regarding any potential Event; or
- b) accepting or requesting an Introduction to the Customer
2.2 All Enquiries are or may be subject to review by members of the HOPP Team prior to being sent to you, or at such time as they are sent to you
2.3 Once a Enquiry has been made to a Service Provider, the Enquiry shall be deemed to have been received by the Service Provider at the time at which the Enquiry is made to the Service Provider, whether or not the Service Provider acknowledges receipt of that Enquiry
2.4 From the point of Introduction, the Service Provider and Customer may deal directly with one another for the purpose of arranging an Event, and HOPP shall have no liability whatsoever to either the Service Provider or the Customer in relation to any contractual dealings between the Service Provider and Customer.
2.5 HOPP reserves the right to contact either the Service Provider or the Customer at any time following a Enquiry so as to ascertain the status of the Enquiry and ask for feedback or any contracts related to a Confirmed Booking from either party.
- OBLIGATIONS OF THE SERVICE PROVIDER
3.1 In agreeing to receive Enquiries from HOPP, the Service Provider agrees to act at all material times in good faith towards HOPP.
3.2 The Service Provider shall provide HOPP, in a timely manner, the information that HOPP reasonably requires to carry out its duties, including marketing information for and details of the Services, and information about the Service Provider.
3.3 The Service Provider agrees to maintain up to date contact details in connection with the Account, and shall ensure in so far as is reasonably practicable that all guide prices in relation to any Listing, are accurate.
3.4 The Service Provider agrees to provide prompt evidence relating to bookings to HOPP of the following:
(a) the date it receives a Confirmed Booking;
(b) the Customer Spend payable for the Event;
(c) the Event Date(s);
(d) in the event of a Cancelled Booking, the amount of any non-refundable payment received from the Customer as at the date of cancellation, no later than three Business Days after it receives a Confirmed Booking or Cancelled Booking (as the case may be);
(e) full Service Provider company name, company number; the registered office address, VAT number (if applicable).
3.5 In the case that the Service Provider does not provide the details outlined in 3.4 in a timely manner then HOPP reserves the right to assume or estimate these dates / charges as best it can with the information provided. For the avoidance of doubt, HOPP reserves the right to assume the maximum feasible spend and to invoice this as the Customer Spend if the Customer Spend is not provided within 30 days of the event.
3.6 The Service Provider may not advertise guide prices on the Site which are higher than any prices routinely quoted to prospective customers, or advertised elsewhere in the ordinary course of the Service Provider’s business. Further, the Service Provider may not quote prices to Customers which include HOPP commission as an additional fee.
3.7 The Service Provider is responsible for the accuracy of all images and text which are connected to the Account, and shall use all reasonable endeavours to ensure that the content is maintained. HOPP may create content on behalf of the Service Provider using information readily available from the public domain, or supplied to it by the Service Provider.
3.8 The Service Provider shall ensure that its Listings do not infringe any applicable laws, regulations or third party rights (including the use of material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (Inappropriate Content).
3.9 The Service Provider acknowledges that HOPP does not purport to monitor the content of any Listings. HOPP reserves the right to remove content from Listings where it reasonably suspects such content is Inappropriate Content. HOPP shall notify the Service Provider promptly if it becomes aware of any allegation that any content contained in any Listing on the Site may be Inappropriate Content.
3.10 Provider shall be under no obligation to accept an Enquiry, but will be deemed to have received an Enquiry when it is first provided if they choose to accept the enquiry at a later date in accordance with clause 2.1.
3.11 In the event that the Service Provider is unwilling or unable to accept an Enquiry, the Service Provider agrees that it shall not refer that Enquiry to another entity, unless that entity is another Service Provider, or an Affiliate, in which case that Affiliate’s attention shall be drawn to these Terms and Conditions and its obligation to pay commission pursuant to clause 4.2.
3.12 Service Providers or Venues joining HOPP from 23.2.2022 re not permitted to market themselves on any other event platforms ie they are exclusive to HOPP. In the instance this is breached then they will be removed from HOPP.
- COMMISSION AND PAYMENTS
4.1.1. The membership fee for HOPP will be charged to your chosen Payment Method. The length of your billing cycle will depend on the type of subscription that you choose and when you signed up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month.
4.1.2. By registering as a HOPP Supplier you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
4.1.3. You can update your Payment Methods by going to the "Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
4.1.4. You can cancel your HOPP membership at any time, and you will continue to have access to the HOPP platform through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods.. To cancel, go to the "Account" page and follow the instructions for cancellation or email us at firstname.lastname@example.org. If you cancel your membership, your account will automatically close at the end of your current billing period.
4.1.5. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
4.1.6. In consideration of HOPP facilitating the making of Enquiries to the Service Provider, the Service Provider agrees to, and shall be liable to pay commission to HOPP, for any Enquiry which results in a Confirmed Booking, in accordance with the provisions set out in this clause 4.
4.2 The right of HOPP to receive commission shall arise at the point at which a Enquiry is made and for the purpose of this clause 4.2, a Enquiry shall deemed to have been made at the earliest of the following events:
(a) at such time as a Customer first submits their contact details on the Site through a Listing belong to the Service Provider, for the purpose of making contact with the Service Provider (as timed and recorded by the Site); or
(b) where a Customer has asked the HOPP Team to make contact on its behalf, at such time as the HOPP Team first attempt contact with the Service Provider (whether by way of email, telephone call, through the Site or otherwise) and not the time at which an acknowledgement from the Service Provider is actually received (whether such receipt is deemed or otherwise); or
(c) where a member of the HOPP Team suggests a Service Provider to a Customer, at such time as the HOPP Team first contact the Customer with the suggestion (whether by way of email, telephone call, through the Site or otherwise) and not the time at which an acknowledgement from the Customer is actually received.
(d) where a Customer has contacted a telephone number or email address administered or operated by HOPP for the purpose of making contact with the Service Provider or HOPP Team which is forwarded directly to the Service Provider
(e) where a Customer engages a venue on premises during a visit that has been facilitated by HOPP, this may include viewings for separate enquiries or client events; or
4.3 No commission shall be payable to HOPP in respect of a Confirmed Booking where the Service Provider can provide written proof that a Customer has entered into bona fide negotiations with the Service Provider, before the Enquiry is made (as described in clause 4.2) in respect of the same Event to which a Confirmed Booking relates, in the 3 months immediately prior to making an Enquiry (as described in clause 4.2). This clause 4.3 shall not apply to repetitions of Recurring Events.
4.4 Where a Service Provider refers an Enquiry to an Affiliate in accordance with clause 3.11, for any Enquiry which results in a Confirmed Booking, the Affiliate shall be liable to pay commission to HOPP in accordance with the provisions set out in this clause 4.
4.5 For all Confirmed Bookings where money is due from the Customer to the Service Provider, the following rates of commission will apply:
(a) in the event of a Completed Booking, the Agreed Commission of the Customer Spend due from the Customer to the Service Provider (exclusive of VAT); and
(b) in the event of a Cancelled Booking, and where the Service Provider has retained a non-refundable payment from the Customer, the Agreed Commission of that payment (exclusive of VAT).
4.6 For a Recurring Event, commission at a minimum rate of the Agreed Commission shall be payable for the first 10 occurrences of that event, or all occurrences within the first year, whichever includes the most events
4.7 All payments due to HOPP will be subject to VAT at the prevailing rate in force at such time as payment becomes due.
4.8 HOPP reserves the right to charge a different rate of commission to that otherwise advertised on the Site or on a case by case basis at its absolute discretion as agreed in exchange of a signed document with the Service Provider, including for (but not limited to) registered charities. Unless agreed in exchange of a signed document between HOPP and the Service Provider, the commission shall be the Agreed Commission.
4.9 Service Providers will be invoiced for the payment of commission the day after the first Event Date.
4.10 The due date for all invoices raised by HOPP will be 28 days from the date on which any such invoice is raised.
4.11 HOPP reserves the right to offer alternate payment terms on a case by case basis at its absolute discretion.
4.12 In the event that invoices are not paid within two weeks of their due date, your Account may be suspended and your credit rating may be affected. If you have any queries about invoices then please contact us directly on email@example.com
4.13 For any invoices which are more than 30 days overdue, HOPP reserves the right to pass these debts to a 3rd party debt collection agency or reclaim monies directly via the County Court Money Claim process.
4.14 HOPP reserves the right to charge late payment penalties under the Late Payment of Commercial Debts Regulations 2002 (SI 2002 No 1674) and will charge between £40 and £100, depending on the size of the invoice, in addition to interest charged at 8% over the Bank of England base rate Late Payment of Commercial Debts Regulations 2002 (SI 2002 No 1674).
4.15 The liability of the Service Provider for the payment of commission is not subject to, nor conditional upon, the Service Provider having first received payment (whether invoiced or not) from the Customer in respect of the Confirmed or Completed Booking.
4.16 If a Customer defaults on payment to the Service Provider commission remains due and payable to HOPP. Non-payment from the Customer to the Service Provider does not affect our terms of payment.
4.17 The Service Provider may claim back commission already paid in respect of Confirmed Bookings which are subsequently cancelled by the Customer, subject to providing satisfactory evidence of the same to firstname.lastname@example.org, and subject to the deduction of any payment due in respect of the Cancelled Booking under clause 4.3(b).
4.18 The Service Provider may not claim back commission which has been paid to HOPP in respect of a Confirmed Booking which is subsequently cancelled by the Service Provider.
4.19 Termination of the Service Provider’s Account (howsoever arising) shall not affect the continuation in force of this clause 4 and the Service Provider's obligation to pay commission to HOPP in accordance with it in respect of any outstanding Booking Enquiries as at the date on which the Account is terminated.
4.20 For the avoidance of doubt, whether rates are expressed to the market as inclusive or exclusive, commission should be expressed on the VAT exclusive rate. For example a hire fee of £100.00 + VAT @ 20% = £120.00. Commission @ 10% (on the net amount = £10.00 + VAT @ £2.00. Total commission payable = £10 + £2 VAT = £12).
4.21 Service Providers will make HOPP aware at the earliest possible time if another agent may be in a contractual relationship to confirm a booking is acting on behalf of a client. Failure to do so shall be interpreted as not acting in good faith and the expectation in this case will be that the Service Provider will provide full commission to HOPP
4.22 HOPP may have Customers with whom they are contracted as the exclusive service provider finder. All bookings from these clients shall be commissionable, irrespective of how the enquiry arises, even if the enquiry is brought to the venue by another venue finder.
- INTELLECTUAL PROPERTY & UPLOADING CONTENT
5.1 The Intellectual Property Rights in all software made available and content supplied in connection with the Service Provider’s use of the Site and/or Services remains the property of HOPP and/or its licensors, advertisers and/or content suppliers.
5.2 The Service Provider will comply with the terms of any agreement required by the owner of Intellectual Property Rights in all software and content supplied to the Service Provider for the purpose of using the Site and the Service Provider hereby acknowledges that all software that is not made readily available to it is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by HOPP, its licensors, advertisers and content suppliers.
5.3 The Service Provider must not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by HOPP, its licensors, advertisers or content suppliers, via the Site.
5.4 The Service Provider shall not reproduce any marketing material created or commissioned by HOPP for the Service Provider for use on the Site, for the Service Provider’s own external marketing off the Site, without written permission from HOPP.
5.5 Any content a Service Provider uploads to Site will be considered non-confidential and non-proprietary. The Service Provider retains all of its ownership rights in such content, but is required and agrees pursuant to these Terms and Conditions to grant HOPP a limited licence to use, store and copy that content and to distribute and make it available to third parties.
5.6 HOPP may use any images or other media which has been uploaded to a Listing or made publicly available by a Service Provider, for the purpose of marketing HOPP’s services.
5.7 HOPP reserves the right to disclose a Service Provider’s identity to any third party who is claiming that any content posted or uploaded by the Service Provider to the Site constitutes a violation of their Intellectual Property Rights or of their right to privacy.
5.8 HOPP will not be responsible, or liable to any third party, for the content or accuracy of any content published by Service Providers or Customers to the Site or otherwise.
5.9 HOPP reserves the right to remove any Listing, if in HOPP’s opinion, that Listing does not comply with acceptable content standards.
- LIMITATION OF LIABILITY
6.1 HOPP shall have no authority, and shall not hold itself out, or permit any person to hold itself out, as being authorised to bind the Service Provider in any way, and shall not do any act which might reasonably create the impression that HOPP is so authorised. HOPP shall not make or enter into any contracts or commitments or incur any liability for or on behalf of the Service Provider, including for the provision, hire or let of any goods or services or the price for them.
6.2 HOPP shall disclose to each Customer that it has no authority to enter into any contract on behalf of the Service Provider.
6.3 Nothing in these Terms and Conditions are intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
6.4 HOPP shall not warrant or represent to the Customers that any Service Provider is of satisfactory quality and/or reasonably fit for any of the purposes for which the Service Provider is required.
6.5 The Service Provider acknowledges that if for any reason a Customer is not content with a Service Provider, the Customer’s claim is against the Service Provider and the Service Provider alone.
6.6 HOPP shall use its reasonable endeavours to ensure that use of the Services is safe and secure and that the Site is functioning properly.
6.7 HOPP offers no guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. HOPP may suspend, withdraw, discontinue or change all or any part of the Site without notice and shall not be liable to the Service Provider if for any reason the Site is unavailable at any time or for any period.
6.8 The Service Provider is responsible for making all arrangements necessary for the Service Provider to have access to the Site, and the Service Provider shall be solely responsible for ensuring that use of the Site does not result in any damage to the Service Provider’s computer systems or data loss which might arise from use of the Site and/or disruption to the Services.
6.9 HOPP (including its affiliates, officers, directors, agents and employees) shall not be liable to either the Service Provider or Customer in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any other losses arising directly or indirectly from:
(a) use of or an inability to use the Site and/or Services;
(b) delays or disruptions in the operation of the Site and/or Services;
(c) viruses or other malicious software which is acquired by accessing the Site, or any site, services, application or tool linked to the Site;
(d) glitches, bugs, errors, or inaccuracies of any kind in the Site;
(e) a suspension or other action taken in respect to an Account by the HOPP Team;
(f) the duration or manner in which Listings appear in search results;
(g) the Service Provider’s need to modify practices, content, or behaviour or loss of or inability to do business, as a result of changes to these Terms and Conditions or our policies (and HOPP reserves the right to modify its policies and these Terms and Conditions at any time consistent with the provisions outlined in these Terms and Conditions).
6.10 HOPP cannot confirm, and is not responsible for ensuring, the accuracy or truthfulness of Service Providers’ or Customers’ purported identities, or the validity of the information which they provide to HOPP or post on the Site.
6.11 For the avoidance of doubt, HOPP shall not be liable for any loss or damage caused to the Service Provider arising from the actions or default of any Customer (for whatever reason whatsoever) and HOPP makes no representations or warranties to the Service Provider as to the Customers who may engage with the Service Provider, as a direct result of HOPP carrying out the Services.
- MARKETING SERVICES
7.1 HOPP may in its absolute discretion offer marketing services to Service Providers from time to time, for which a fee is payable on the terms in clause 4.10.
7.2 The Marketing Services shall be offered in accordance with these terms and any additional provisions as advertised on the Site or otherwise through the HOPP Team (in each case as may be varied from time to time).
7.3 The Marketing Services may include (but shall not be limited to) consultation with the HOPP Team as to the appearance and creation of effective Listings, photography packages, advice as to promotional strategies, premium placement of Listings in highly visible areas of the Site, and direct marketing by the HOPP Team on the Service Provider’s behalf, by way of social media campaigns and marketing, content marketing, conversion rate optimisation, search engine optimisation, website analytics, newsletters and mailshots, and the organisation of promotional events specific to a Venue. It may also include marketing under our EventLAB brand.
7.4 The Service Provider accepts that in the course of carrying out the Marketing Services, HOPP may from time to time promote a Service Provider through marketing literature or social media platforms, and make such representations on the Service Provider’s behalf as the HOPP Team shall think fit, in order to promote the Venue or Service Provider.
7.5 HOPP shall not in any circumstances have any liability for any losses or damages which may be suffered by the Service Provider (or any person claiming under or through the Service Provider), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
(a) special damage, even though HOPP was aware of the circumstances in which such special damages could arise;
(b) loss of profits;
(c) loss of anticipated savings;
(d) loss of business opportunity;
(e) loss of goodwill;
(f) loss of, or damage to (including corruption of), data;
which the Service Provider believes to have arisen as a result of the actions of HOPP in undertaking the Marketing Services, provided that this clause 7.5 shall not prevent claims for loss of or damage to the Service Provider's tangible property that fall within the terms of clause 7.6 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 7.5;
7.6 The Service Provider agrees that, in accepting these Terms and Conditions, it has not relied on any representations (whether written or oral) of any kind or of any person other than those expressly set out in these Terms and Conditions or (if it did rely on any representations, whether written or oral, not expressly set out in these Terms) that it shall have no remedy in respect of such representations and (in either case) HOPP shall not in any circumstances have any liability otherwise than in accordance with the express Terms and Conditions set out herein.
7.7 Without prejudice to any other express limitation of liability within these Terms and Conditions, the total liability of HOPP, whether in contract, tort (including negligence) or otherwise in connection with the Paid Services, shall in no circumstances exceed a sum equal to 100% of the Charges payable by the Service Provider to HOPP in the period in which the liability arises.
7.8 HOPP offers no representations or warranties as to the effectiveness of the Marketing Services for the purpose of generating Booking Enquiries or Confirmed Bookings.
7.9 All amounts due to HOPP in respect of the Paid Services shall be paid by the Service Provider in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7.10 For the avoidance of doubt, Events booked during the time when a Service Provider is being marketed shall be commissionable as described in section 4.
7.10 HOPP reserves the right to cease the Marketing Services with no refund if there is a breach of these terms by the Service Provider.
7.11 HOPP retains the right to full editorial control for all content produced and distributed as part of the Marketing Services. The Service Provider shall have no claim against HOPP arising from the production or distribution of content as part of the Marketing Services.
8.1 We will contact you by e-mail, by post or by providing you with information by posting notices on the Site.
8.2 Notices will be deemed received and properly served immediately when posted on the Site and immediately after an email is sent, or three days after the date of posting of any letter sent within the UK.
9.1 Without affecting any other right or remedy available to it under these Terms and Conditions, HOPP may terminate the Service Provider’s agreement with immediate effect, if:
(a) the Service Provider fails to pay any amount due under these Terms and Conditions on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment; or
(b) the Service Provider commits a material breach of any term of these Terms and Conditions and such breach is irremediable, or (if such breach is remediable) the Service Provider fails to remedy that breach within a period of 30 days after being notified in writing to do so.
9.2 The Service Provider may terminate its agreement with HOPP at any time, or request that one or more Listings be taken down from the Site at any time, by sending notice to email@example.com . The provisions of the service provider’s cancellation / notice period will still apply.
9.3 HOPP may terminate or suspend any part of the Services at any time, without giving notice to the Service Provider.
9.4 Termination of the agreement by either the Service Provider or HOPP, or termination of the Services by HOPP (as the case may be) shall not affect any rights, remedies, obligations or liabilities that the parties have accrued up to the date of termination, including the right to claim damages, commissions or other monies due in respect of any breach of these Terms and Conditions which existed at or before the date of termination.
9.5 Any Enquiries made to a Service Provider before the date of the Termination of the agreement shall be commissionable after the date of the Termination of the agreement.
The Service Provider agrees to indemnify, defend and hold harmless HOPP, its directors, officers, employees, consultants, agents, and Affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, the Service Provider’s use of the Site and Services, any breach of these Terms and Conditions, infringement of any Intellectual Property Rights or any other right of any Person or entity, or breach of any duty of confidence or privacy, or any defamatory statements made by the Service Provider in any form.
No failure or delay by HOPP to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
HOPP reserves the right to vary these Terms and Conditions unilaterally from time to time. You should regularly check and read the Terms and Conditions for any updates and/or amendments. HOPP will notify venues should these Terms and Conditions change. If you do not agree to any of the updates or amendments at any time you should cease to use our Services.
If any provision or part-provision of these Terms and Conditions becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.
- GOVERNING LAW AND JURISDICTION
14.1 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).
- ENTIRE AGREEMENT
15.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
15.2 Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement.
15.3 No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this agreement.
15.4 Nothing in this clause shall limit or exclude any liability for fraud.
- THIRD PARTY RIGHTS
16.1 A person who is not a party to this Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 (“the Act”). Where any clause of this Agreement entitles any person to enforce any term of this Agreement under the Act, the parties reserve the right to vary that term or any other term of this Agreement without the consent of that person.
This contract is valid for one year from when signed and automatically renews unless service provider or supplier update us otherwise.