Digi-Luxe Media Ltd t/a Corporate Golf Memberships Contract of Agreement

1. DEFINITIONS
   The following Conditions used herein shall have the following respective meanings unless the context otherwise required:-
   Supplier: Digi-Luxe Media Limited registered in England and Wales with company number 10816437
   Customer: the entity which purchases Services from The Supplier for business purposes.
   Conditions: these terms and conditions.
   
   
2. Home Club: The venue chosen by you at point of sale.
   
   Offer: As described on corporategolfmemberships.com, setting out the Services to be performed for the Supplier.
   
   Contract of Agreement: the Contract of Agreement between The Supplier and the Customer for the supply of the Services set out in the Offer in accordance with these Conditions.
   
   
3. You are deemed to have accepted these Terms and Conditions when you accept our offer, by payment of any deposit / balance, or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our offer (the Contract) are the entire agreement between us.
   
   
4. The Contract shall commence upon payment of deposit  and will continue for a period of 12 months from the date of the payment of the deposit. (The Term).
   
   
5. You acknowledge that you as the individual providing the  acceptance of the offer, as set out on corporategolfmemberships.com is duly authorised to do so and understands that by doing so are entering into a contractual relationship with the Supplier on the terms as set out in this contract.
   
   
6. The Customer gives permission to The Supplier to use still image examples of the artwork using the Customers Copy in its own promotional material.
   
   
7. The Customer shall indemnify The Supplier against all claims in respect of any alleged infringement of copyright, trademark or design or in any respect of any passing off or slander or title arising in consequence to the exhibition of the advertisements in pursuance of this Contract of Agreement.
   
   
8. The Supplier is not permitted to use Copy outside their own promotional material or the agreed Digital Platforms, without approval from the Customer.
   
   
9. Customer acknowledges that The Supplier does not accept any Copy that contains: indecent, obscene or pornographic material, hate speech, any illegal subject matter or activities or any other content that does not meet The Supplier’s quality standards as in effect from time to time (collectively referred to as the “Prohibited Content”). The Customer represents and warrants that during the term of this Contract of Agreement any of its Copy shall not contain any Prohibited Content.
   
   
10. If due to any circumstances The Home Club is unable to broadcast or supply golf  The Supplier will change the home venue to another within a 50 mile radius
    
    
11. GOLF USAGE & NETWORKING: 
    1. The Customer shall provide a minimum 7 days notice to allow our concierge service to book their round of golf for them, staff or client.
    2. The Supplier shall endeavor to book the Customer their preferred golf club, date and time. This is subject to availability at the golf course. If this is not possible, alternatives will be suggested.
    3. The availability of golf to Corporate Golf Memberships may be different to that advertised by the golf club via their own website or other third party tee time suppliers.
    4. Golf Vouchers must be redeemed within the 12 month term.
    5. Golf Vouchers may not be redeemed for cash or resold.
    6. Golf Vouchers may be redeemed to a maximum of 2 x person, per calendar day to a maximum of 5 x golf bookings per calendar month. There is no monthly roll over of golf and if the 5x golf bookings per calendar month are not redeem these become void.
    7. A maximum of 4 x person can be redeemed at any individual courses, in the list of non-home club courses. This list is subject to change.
    8. Any golfer representing the Customer must adhere to The Rules of Golf and course etiquette at all times on and off the course.
    9. The Customer is responsible for their own golf insurance and that of their guests’.
    10. The Supplier is not responsible for providing golf equipment and additional hires by the Customer must be paid for by the Customer.
    11. Should you need to cancel your golf booking this should be done with our golf concierge service and not the club,  and before  24 hours of playing your round of golf.
    12. A maximum of 2x person may attend a VIP networking event.
        
        
12. CHARGES AND PAYMENTS
    1. The price for the Services shall be the price set out in the Offer.
    2. Where the fee payable is to be paid via instalments, the Customer will pay the Supplier by direct debit. The Supplier will instruct a third party to manage collection of all payments and the Customer authorises the Supplier to do so. The Customer accepts that the third party will communicate with them via email and telephone throughout the payment schedule and that all payments are to be upheld by the Customer.
    3. If the Customer fails to make any payment due to the Supplier under the Contract by the due date(s) then:
       a. The full balance remaining under this Contract shall immediately become due payable, plus costs of collection
       c. The Customer shall pay interest on the overdue amount (including any additional invoices raised). The current rate of interest is 8% above base rate of Barclays Bank. Such interest shall accrue on a daily basis from the due date until payment is received by the Supplier.
    4. The Customer shall pay all amounts due under the Contract in full and without any withholding or deductions.
    5. The Supplier reserves the right to charge an administration fee of £50.00+VAT per occurrence, for any of the following:
       a. Unpaid returned or recalled banker’s orders
       b. Unpaid, returned, or cancelled Direct Debit instructions
       c. Unpaid, returned or recalled cheques
       d. Letters sent as a result of breach of this Contract of Agreement
    6. Without limiting its other rights or remedies, the Supplier may suspend and/or terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date or payment.
    7. Without limiting its other rights or remedies, the Supplier may suspend and/or terminate the Contract with immediate effect by giving written notice to the Customer if the Customer commits a material breach of its obligations under the Contract and fails to remedy that breach within the timeframe requested by the Supplier.
    8. Without limiting its other rights or remedies, where the Customer has failed to remedy any payment breach, the Supplier may instruct a third party to take necessary action to recover the outstanding balance owed by the Customer. All professional and legal fees incurred by the Supplier for this service, will be transferred to the Customer.
       
       
13. TERMINATION
    1. The Contract of Agreement will automatically terminate upon expiry of the 12 month term. The Customer has the option to purchase another corporate golf membership.
    2. The Contract of Agreement will be terminated in the event of the Customer becoming directly associated or incriminated in relation to any of the Prohibited Content. In this instance, the Customer remains liable for the remaining balance due for the current Term.
    3. If payment of an instalment here under is not made on the due date then The Supplier has the right to withdraw the advertisement from the venue. The Customer shall nevertheless remain fully liable for the total Contract of Agreement value outstanding under this Contract of Agreement.
    4. In the event of an Act of God or Force Majeure, both parties are free from the obligations of this Contract of Agreement. The Supplier shall be excused from carrying out the conditions of this Contract of Agreement until a “normal” situation has returned.
    5. This Contract of Agreement shall in all aspects be construed as an English Contract of Agreement subject to English Law.
       
       
14. COMMUNICATIONS
    1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
    2. Notices shall be deemed to have been duly given:
       1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient.
       2. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
       3. on the fifth business day following mailing, if mailed by national ordinary mail; or
       4. on the tenth business day following mailing, if mailed by airmail
    3. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.