Terms and Conditions:
CANCELLATION WITHIN 3 DAYS. After payment,you have the right to cancel within three business days after the first business day from the payment date and all monies paid pursuant to this Agreement will be credited to you. A
business day shall mean any day on which the Happy Fit Corporation is open for business. To cancel, deliver a written notice personally or by registered or
certified mail to Happy Fit Corporation, 6213 S. Albany, Chicago, IL 60629. Or call (773)634-9259.
NO MONEY BACK AFTER 3 DAYs. If you cancel after 3 days there will be no money back.
Provision of Services
The items described under "Service Type",will be taken to the premises where the services are to be performed listed under "Service Information". It will be set up, and it will stay there for one hour from the time specified under "Service Details". If allowed by the third party involved, discribed under "Service Information", the items will remain in the premises for an additional 30 minutes to allow for picture taking. The price for this service is $250 minus any available discounts.
The Company will provide services using reasonable care and skill and in accordance with Client's specific instructions as confirmed by the Company or, in the absence of such instructions:
- the terms of any standard order form or standard specification sheet of the Company; and/or
- any relevant trade custom, usage or practice; and/or
- such methods as the Company shall consider appropriate on technical, operational and/or financial grounds.
Obligations of Client
The Client will:
- ensure that acurate and sufficient information, instructions and documents are given to enable the required services to be performed;
- procure all necessary access for the Company's representatives to the premises where the services are to be performed and take all necessary steps to eliminate or remedy any obstacles to, or interruptions in, the performance of the services;
- ensure access for the Company's representatives to the premises where the services are to be performed 45 minutes before the "Ceremony Start Time";
- Fully exercise all its rights and discharge all its liabilities under any relevant sales or other contract with a third party and at law.
Fees and Payment
- Fees not established between the Company and Client at the time the order is placed or a contract is negotiated shall be at the Company's standard rates (which are subject to change) and all applicable taxes shall be payable by Client.
- Unless a shorter period is established in the invoice, Client will promptly pay not later than 10 days prior to the service due date listed under "Service Details" or within such other period as may be established by the Company in the invoice (the "Due Date") all fees due to the Company failing which interest will become due at a rate of 1.5% per month (or such other rate as may be established in the invoice) from the Due Date up to and including the date payment is actually received.
- Client shall not be entitled to retain or defer payment of any sums due to the Company on account of any dispute, counter claim or set off which it may allege against the Company.
- Company may elect to bring action for the collection of unpaid fees in any court having competent jurisdiction.
- Client shall pay all of the Company's collection costs, including attorney's fees and related costs.
- In the event any unforeseen problems or expenses arise in the course of carrying out the services the Company shall endeavour to inform Client and shall be entitled to charge additional fees to cover extra time and cost necessarily incurred to complete the services.
- If the Company is unable to perform all or part of the services for any cause whatsoever outside the Company's control including failure by Client to comply with any of its obligations provided for in clause 3 above the Company shall nevertheless be entitled to payment of:
- the amount of all non-refundable expenses incurred by the Company; and
- a proportion of the agreed fee equal to the proportion of the services actually carried out.
Suspension or Termination of Services
The Company shall be entitled to immediately and without liability either suspend or terminate provision of the services in the event of:
- failure by the Client to comply with any of its obligations hereunder and such failure is not remedied within 10 days that notice of such failure has been notified to Client; or
- any suspension of payment, arrangement with creditors, bankruptcy, insolvency, receivership or cessation of business by Client.
Limitation of Liability:
- The Company shall not be liable for any delayed, partial or total non-performance of the services arising directly or indirectly from any event outside the Company's control including failure by Client to comply with any of its obligations hereunder.
- The Company shall have no liability for any indirect or consequential loss including without limitation loss of profits, loss of business, loss of opportunity, loss of goodwill and cost of product recall. It shall further have no liability for any loss, damage or expenses arising from the claims of any third party (including, without limitation, product liability claims) that may be incurred by the Client.
- In the event of any claim, Client must give written notice to the Company within 30 days of discovery of the facts alleged to justify such claim and, in any case, the Company shall be discharged from all liability for all claims for loss, damage or expense unless suit is brought within one year from:
- the date of performance by the Company of the service which gives rise to the claim; or
- the date when the service should have been completed in the event of any alleged non-performance.
Indemnification:
Client shall guarantee, hold harmless and indemnify the Company and its officers, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any services.