Terms & Conditions

Terms and conditions on which Jane Dawson Celebrancy provides services to consumers

Jane Dawson Celebrancy provides services on the following terms and conditions.

The meaning of some words used in these terms and conditions

We , us or our is a reference to Jane Dawson Celebrancy;

You or your is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;

Parties is a reference to both me and you;

Premises means the place where we will provide the Services; and

Services means the ceremony/MC we will provide in connection with your ceremony. The precise Services we will be providing to you will be stated in the booking contract and as we agree from time to time.

Entering into a legally binding contract

A contract between you and us will come into being in one of two ways:

(When you sign the booking contract we and you will enter into a legally binding contract on the date you sign.

Where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.

We suggest that before you sign the booking contract or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.

You should keep a copy of these terms and conditions for your records.

Providing the Services

Once we and you have entered into a legally binding contract we will normally start providing the services to you straight away or on a date agreed between us

without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.

Our aim is to always provide you with the Services using reasonable care and skill;

in compliance with commonly accepted practices and standards in Authorised Marriage Celebrancy; and

in compliance with New South Wales laws and regulations in force at the time we are carrying out the Services.

Days and times when we normally provide the Services and performance of Services away from the Premises

Unless you and we agree otherwise, we will provide the Services no earlier than the signing of the contract and finish work no later than the completion of the ceremony or MC. The performance of some of the Services may take place away from the Premises.

Services can be provided as agreed on any day, surcharges may apply for public holidays and Valentine’s day.

Timing

Our responsibility to perform the Services by particular dates.  We aim to carry out the Services by the dates and times on the booking contract agreed with you.

What can happen if we cannot start performing the Services or complete performing the Services

If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may either:

choose to continue to wait until we can start performing the Services or complete performing them; or terminate the contract.

Where we have started performing the Services and you decide you wish to terminate the contract you will have to pay the booking fee as agreed in the booking contract and for any Services we have performed up to the date of termination and for any Materials which we have legal obligation to pay for. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 7 days of the termination..

Situations or events outside our reasonable control

In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in paragraph (b), directly below). Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.

The following are examples of events or situations which are not within our reasonable control:

If the NOIM is not lodged on the date or at the time agreed with one month’s notice.

Where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different date);

Where you have not sought a shortening of time if needed. where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);

Where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;

Where the areas in the Premises have not been readied by you as we and you have agreed in order for us to perform the Services; for other some unforeseen or unavoidable event or situation which is beyond our control.

Where you have not ensured there is an adverse weather plan & it is unsafe to start or continue the service.

The following are examples of events or situations which are not within our reasonable control:

Continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or allowing you to terminate the contract. If you choose this option then you will only have to pay for any Services we have performed up to the date of termination and for any services for which we have a legal obligation to pay. If you have made payment(s) to us in excess of the amount of Services we have performed we will return the difference to you within 14 days of cancellation.

In the event that the Celebrant falls ill or is physically unable to continue to provide a service.

Price, estimates and payment:

Our charges based on services booked

We normally charge for our Services on a service requested basis. Our rates for performing the Services are set out at https://janedawsoncelebrancy.com.au/services/.

Extras:

If extras are added on then the charges will be adjusted accordingly. Estimates are normally valid for a period of 1 month from the date they are given.

Extras 6 .2 .1 .

If you require us to make changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services; or when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services.

If there is travel involved to provide the service outside of the service area

If the service is to be provided on a public holiday or valentines day then the rates in the service extras will be added to the quote.

When payment is required:

Payment for our Services to secure the date is made by a booking fee of 50%,

then the remainder either in a number of staged payments, often involving the payment of a deposit of 50% before we commence performing the Services; and the payment of the remaining amount we will be charged to you 14 days before the date of the service/ceremony or in a number of fixed payments paid at regular periods with the remaining amount charged 14 days before the delivery of the services.

Which option we will use will be indicated on the booking contract.

or payment in full at time of booking.

GST

All amounts stated (whether orally or in writing) are inclusive of GST. If you do not pay when required to, If you fail to make payment by the date or time we and you agree, we may:

Charge you interest (at an interest rate of 10%) on any outstanding amounts if those outstanding amounts remain unpaid for more than 7 days from the date of our invoice or when we asked you first to pay them; and/or if the amounts not paid represent more than 50% of the total value of the Services we are to perform for you, and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.

Where you seek to not pay amounts due to us

You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services.

Exclusion and limitation of liability

We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.

We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular, we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.

We are not liable for any fault in the staging of the ceremony or music provided for the ceremony.

Communicating with us

You can always telephone (our contact numbers are 0452 645 535. However, for important matters we suggest that you use writing and send any communications via email to info@janedawsoncelebrancy.com.au

Termination of contract by you:

Once we and you enter into a binding contract you will normally not be able to terminate the contract, except where we agree or as otherwise provided for in this contract.

If we agree to terminate the contract then you will be responsible for the cost of:

Any of our time in preparing the Services up to the date we stop providing the Services.

In the circumstances stated in paragraph (b) we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will return invoice you for the amount in excess of the deposit.

If you:

purport to terminate the contract; or

give notice purporting to terminate the contract; or

otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you terminating the contract,

we do not have to accept your termination of the contract except as provided in paragraph (b) or as otherwise provided for in this contract. However, we may choose to accept termination of the contract, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.

Amendments to the contract terms and conditions

We will have the right to amend the terms and conditions of this contract where:

we need to do so in order to comply with changes in the law or for regulatory reasons; or

we are changing the rates we charge for the provision of Services as provided for in clause 6.1; or

we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.

Where we are making any amendment we will give you 30 days prior notice (unless the contract is terminated before that period).

Contacting each other:

If you wish to send us any notice or letter then it needs to be sent to 52 Alleyne Avenue, Sydney, New South Wales, 2101. If we wish to send you a letter or notice we will use the address you have provided.

Complaints regarding the service

For any complaints regarding the service and delivery please contact:-

info@janedawsoncelebrancy.com.au in the first instance, if you are not satisfied with the outcome please contact

https://www.ag.gov.au/families-and-marriage/marriage/complain-about-marriage- celebrant

Law and jurisdiction

This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in New South Wales, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.