GLOBAL TOUR CREATIVES LLC & GLOBAL TOUR CREATIVES (IRELAND) LIMITED – TERMS AND CONDITIONS OF BUSINESS - EFFECTIVE 1st MAY 2010
Acceptance of Customer’s orders is subject to Customer’s agreement to these terms and conditions. By ordering, Customer confirms their agreement to these conditions in full and unaltered.
Global Tour Creatives will invoice Customer for the price of its products and services in accordance with the most current published prices available at http://www.globaltourcreatives.com/.
The prices charged by Global Tour Creatives are exclusive of any applicable federal, state or local use or sales taxes attributable to such transactions, all of which shall be paid by the Customer.
Services and products provided by Global Tour Creatives are warranted to be free from any defects of workmanship and materials. Global Tour Creatives must be notified by Customer of any such defects before Customer approves such services or products for delivery. Customer expressly waives all other warranties, express or implied, including without limitation, all warranties of merchantability or fitness for a particular purpose.
5 APPROVAL & DATA PROTECTION
Customer shall pay for ordered products or services as per clause 8 regardless of the approval status. In case where an Artist’s management, agents or third party nominated by an Artist requires approval before delivery, Customer grants Global Tour Creatives the right to share information with these third parties for the purposes of seeking approval on products or services, and any other information as requested by these third parties.
6 LIMITATIONS AND LIABILITY
Customer’s sole remedy in respect of any defect in, and/or delay in providing, any products of services shall be limited to obtaining repair or replacement thereof, provided Global Tour Creatives has been notified of such defect, and/or delay, within 30 days of delivery. In no event shall Global Tour Creatives be liable for any other damages, including but not limited to, missed advertising spots, interruption of business, loss of profits, or any incidental or consequential damages, or otherwise, whether such claims are in contract, in tort, or are the result of Global Tour Creatives negligence or arise under strict liability, under any warranty or otherwise, and even if Global Tour Creatives is advised of the possibility thereof. With respect to the delivery of products in a tangible format, Customer assumes all risks of loss or damage after Global Tour Creatives delivers such products to the carrier for shipment.
Regardless of who procures materials for inclusion in our products or services, customer agrees to defend, indemnify and hold harmless Global Tour Creatives and its employees and agents from any damages, liabilities, claims and expenses, including attorneys’ fees, arising out of or alleging that any content provided by or for Customer or its employees or agents infringes on the intellectual property rights of any person, or that any such content is libellous, slanderous or is otherwise unauthorized, illegal or detrimental to the rights of any other person.
8 CREDIT AND TERMS OF PAYMENT
Invoices are raised on order and are available for download. Global Tour Creatives does not mail physical invoices. Global Tour Creatives reserves the right to restrict the terms of payment or to require payment prior to delivery, or to require payment prior to commencement of production. If the Customer is granted credit, invoices for services and products shipped shall be payable 30 days from the date of invoice. Customer shall pay Global Tour Creatives the total amount past the due date multiplied by 1.5% per month, compounding, or the maximum legal rate, whichever is less, until the debt is paid in full. Customer shall pay Global Tour Creatives all costs of collection, including attorneys’ fees, incurred in the event of nonpayment by Customer. Customer also agrees that payment is the sole responsibility of the Customer and is not contingent upon Customer’s ability to bill, collect payment or settle obligations with a third-party, whatsoever, including closed orders or closed accounts.
Orders accepted by Global Tour Creatives may not be cancelled without the written consent of Global Tour Creatives. Global Tour Creatives may cancel any order if the Customer does not comply with these terms and conditions or, if Customer becomes insolvent or is admitted to any proceeding for settlement of debt of bankruptcy. Global Tour Creatives reserves the right to refuse any order. Global Tour Creatives is not required to notify the customer upoin cancellation of an order.
Global Tour Creatives shall not be responsible for delay in delivery due to any cause beyond Global Tour Creatives reasonable control, including, but not limited to, acts of God, acts of Customer, rescheduling due to priorities or governmental acts, regulations or request, fire accident, strike, slowdown, war, riot, or delay in transportation.
11 GOVERNING LAW; VENUE
This contract and these terms and conditions shall be governed by the laws of the State of California. Any dispute arising under this contract and these terms and conditions shall be submitted for resolution exclusively to the appropriate court in Los Angeles, California or at a venue of Global Tour Creatives LLC’s choosing, which may include Small Claims Courts at the customer’s location.
Our Service may use third parties such as network advertisers to serve advertisements and may use traffic measurement services to analyze traffic. Third-party ad serving enables advertisements to be targeted to you for products and services in which you might be interested. We may share your e-mail address with our third network providers & advertisers.