Terms, Conditions & Parties Agreement From the Beginning & After Relation Between The Couples That Hire the Company’s Services
RELATION BETWEEN THE COUPLES THAT HIRES THE COMPANY’S SERVICES.
On behalf of MAKING SOLUTIONS S.L. (from this point onwards, referred to as the “Company”) with residence in Calle Las Higueras 3, #49, CP 38639, San Miguel de Abona, represented by Mr. ERNESTO ROMERO GARCIA COLMENARES, of legal age, with the following ID: 42228435, in his capacity as agent, and with sufficient power to represent the Company and its registered trademark “My Perfect Wedding” .
Furthermore, The couple that is consulting and in the future, hiring the Company’s services, from this point onwards will be referred to as the “Couple”, who are both of legal age, and with legal citizenship in the country that they have declared to the “Company” and whose passport numbers have being provided and with residence in the country that they have declared in the service contract (called the “order confirmation”) and who are representing and acting in their own name and self-interest.
MANIFEST
I. The Couple will contract the wedding planning services of the agency My perfect wedding for their wedding day.
II. The Company will, when deemed necessary, contract external third parties that will function/work under the Company’s supervision during their the wedding day. However, the company will not take responsibility regarding the final results of the third parties’s performance. However, the Company will do their best in order to guarantee that those services provided by third parties do take place within the conditions offered, regarding quantity and quality. Is clear that if a services is not working correctly the Couple understand clearly that is not directly the Company responsibility.
III. If some services are not up to the Couple´s level of satisfaction, the wedding planning agency, “My perfect wedding”, will manage any complaints on behalf of the Couple and transmit this to the hired providers. The Company will not compensate the Couple for a third parties’ service. Through the submitting of our contact form you are explicitly stating that you agre with our terms and conditions. This is clearly indicated and marked as required through a check box titled “I hereby agree to My Perfect Wedding, terms of use* as detailed in the link” on our contact form at the time of submission. Through, such submission you are thus clearly stating that you agree to our “terms of use” which is clearly indicated in the text found on the contact form that reads: “By agreeing to our terms of use you are agreeing to our general terms and conditions also”, that at the same time are clearly shown in the access indicated in the Homepage footer TERMS AND CONDITIONS”.
CLAUSES
FIRST – COMPENSATION
The Couple and the Company agree in all matters relating with their wedding that the Company will never compensate the Couple, in any economical form or way or giving to the Couple any refund of money if:
1. They, the Couple, is complaining about a Service that was contracted by the Company and that was performed by a third party or supplier, because the Couple clearly understand that those suppliers are not part of the Company and are not under the Company’s control, and the Couple understands that the services are previously pre-paid before the wedding day
2. Refund of monies for work carried out by third party professional photographers and/or videographers, who are not part of the Company, but whose services have being hired by the Company for the wedding day, and the final artistic results and labour of such services and the final interpretation of such services by the Couple will be deemed as subjective. Such interpretation of artistic labour by the Couple, if the work is not to the Couple´s satisfaction, are not sufficient reasons for the refund of monies to be given regarding this service. IN CASES WHERE THE PHOTOGRAPHER OR VIDEOGRAPHER DOES NOT SHOW UP ON THE WEDDING DAY, THEN IT IS CLEAR THAT THE COUPLE ARE WITHIN THEIR RIGHTS TO A FULL 100% REFUND OF THE MONEY THEY PAID FOR THE AGREED SERVICE.
3. Monies will not be refund which relate to the performance of a hotel, and the services provided by such hotel. For example, the provision of food, drinks or other services. The Couple agrees and understands that this is not a fault of the Company because the Company does not have any direct relation with the performance or production of such services provided by venues or hotels.
SECOND – AGREEMENT
The Couple expressly states that they do not have, nor will they have anything to claim or complain about against the Company in all matters relating to their wedding, whilst these services are coming from a third party provider or supplier, including hotels or venues.
THIRD – WITHDRAWAL AND WAIVER OF EXPRESSED FUTURE ACTION
The couple agrees not to initiate any administrative or judicial action in any jurisdiction against the Company, against My perfect wedding or any other trademarks of MAKING SOLUTIONS SL or companies related to them, their presidents, owners, directors or former directors, executives or former executives, employees or former employees, directly or indirectly.
The signing of this Agreement serves both to the effects of renunciation of actions present and future and formal commitment of withdrawal from any procedures started or in the future against the Company, whatever the reason arising from it, as well as the commitment to desist any actions carried out so far by the Couple in any possible form (electronic, written or by telephone) that violates the Company’s trade-mark “My perfect wedding” or the image and reputation of any variant of the same, or workers, the understanding including the figure of Mrs Nadine Ángeles García Breuer.
The Couple expressly recognizes that there is no reason why in future court proceedings no type of action can be made against MAKING SOLUTIONS SL or against any other Group Company linked to it, its directors or former directors, executives or former executives , employees or former employees. The couple has settled on all items that could potentially be derived from the procurement of services to the Company, in the broadest sense, and before any jurisdiction.
All parties agree to keep complete total confidentiality without the possibility of reproducing by any means included herein. Similarly, the couple agrees that anything said or written in previous communications to this Agreement constitute grounds for litigation against the Company.
FOURTH – CONFIDENTIALITY
The parties expressly agree to maintain in strict confidence the contents of this Agreement. As well, we shall not communicate any or all terms of this Agreement to any third party, unless the law specifically provides for the obligation to do so.
If the couple violates the clause of confidentiality, they will be liable for damages that may arise and which will be established by the Company at a minimum of one hundred thousand euro (100.000,00 €), or where appropriate, by competent jurisdictions.
FIFTH – PROHIBITION OF MAKING STATEMENTS AND CAUSE DAMAGE
The couple agrees not to make any statements and / or actions by themselves or through third parties that may discredit, personal, professional or otherwise (including by way of example the erosion of the image) of the Company or any other company related to them, their owners, their directors or former directors, executives or former executives, workers or former workers, including any means of written, audiovisual, digital or electronic communication, including websites or opinions in any medium known as digital social media networks and discussion forums. They will not take any direct or indirect conduct intended to damage, personal, professional or other form, the reputation or image of the above mentioned legal entities and individuals, My perfect wedding trade marke or Making Solutions company.
SIXTH – ENTIRE AGREEMENT
The terms and conditions of this agreement constitute the entire agreement and complete the understanding between the parties involved, and also replaces and supersedes all negotiations, agreement, covenant or understandings (whether expressed or implied, oral or written) regarding the subject matter hereof, I considered all those terminated by mutual agreement, including any previous commitments against the couple.
SEVENTH – BREACH OF AGREEMENT
In the event that the couple totally or partially breaches some of the commitments outlined in this Agreement, they should compensate the party (ies) wronged by twice the amount shown in clause FOUR of this agreement, without prejudice to both the rights of the Company and its employees and partners to claim before a competent court for compensation if damages resulting from a breach has being caused.
The above penalty clause is in accordance with Articles 1151 and 1155 of the Spanish Civil Code, and will be compatible with any compensation for damages resulting from any breach by the couple. The amount of damages shall be determined by a competent court, accepting that the couple submit to the jurisdiction of the courts of Santa Cruz de Tenerife in the case of a dispute by a total or partial failure of some or all of the commitments outlined in this Agreement.
And in proof of conformity, the parties consider signed this agreement with the act of check of the acceptance of the terms and conditions, and they, the Couple were making sure that they fully understood each and every one of the terms thereof, in the place and date that is the first contact or consultation date indicated in their enquiry.
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MR ERNESTO ROMERO GARCÍA COLMENARES
For and on behalf of MAKING SOLUTIONS S.L.
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The Couple
On behalf of themselves
