Service Terms & Conditions

Your purchase of services from Ultima Music A.B.N. 31 905 594 410 (hereby referred to as “The Firm” or “Us” in this document), is subject to these Terms and Conditions of Service. By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
This contract is subject to change without notification to the buyer, We reserve the right the alter this contract at any time, E & OE.
1) Payments:
We require credit card details in order to confirm a booking, for cancellation purposes, as well as any punitive damages caused to any of our equipment.
All payments, (deposits included) are NON-REFUNDABLE.
Final payment via EFT (direct bank deposit), PayPal or credit card is due 14 days prior to the event. If final payment is not received by the date of the event, we reserve the right to withhold the performer from attending the event. Deposit payment will not be refunded.
Any full payments paid via Credit Card/Paypal or Direct Bank Deposit received later than the required 14 days prior to event allows us to change our work schedule without notice beforehand.
2) Cancellations:
a) Should you wish to cancel your service, a cancellation fee of 50% is charged to the credit card provided, this is non-refundable.
b) This cancellation fee is in process as soon as the booking is made, with no gestation period.
3) Refunds:
Once entered into this contract, full refunds are not permitted, only partial refunds
b) You are not entitled to a refund if you are simply unhappy with the performer
c)All refunds are taken on a case by case basis, and are NOT GUARANTEED by this contract
d) Partial refunds are only given in the case of equipment being faulty at the fault of the firm (see section 5f)
e) Any disputes are to remain private between yourself and the firm, and signed documentation stating that you adhere to this is to be signed before any refunds can be given
f) Should you breach this contract by publicly renouncing the firm on any third party public forum, online, verbal, printed etcetera, the firm retains the right to refuse refund.
4) Event conduct & venue specifications:
We require a minimum of one hour to enter a venue and set up prior to the start time and also a similar time allowance at the end of the function to pack up.
The client is to provide and/or pay for parking for one vehicle, as near to the performance area as possible.
If you are booking other entertainment as well as hiring our services, please consider the amount of space available and where you require the performer to set up. Speaker location is usually best if it is no greater than 3 metres either side of the performer.
All bookings should be taken on the understanding that the venue is in possession of the necessary entertainment & liquor licenses. We are not responsible if the venue is found to be in breach of the terms of their license.
It is the client’s responsibility to ensure equipment booked is suitable for use at the event venue. No refunds, part or full, will be given for non-use of specific equipment that cannot be used due to any venue restrictions imposed. Not all equipment is designed to fit through narrow doorways and/or up staircases. It is the client’s responsibility to inform us of any access restrictions that may impede set up or restrict equipment use.
We do not tolerate violent, aggressive or abusive behaviour from anyone under any circumstances. We also reserve the right to terminate our services at any time that we feel our personal safety is under threat. We do not take responsibility for ejecting any unwanted persons from any venue. You will be advised of any problems that we may have in this respect with any of your guests.
We will not be responsible for any damage or loss to private or public property caused by invited or uninvited guests.
It is the responsibility of the client to make sure that there is an adequate provision of electrical power within five metres of our set-up point. We require a minimum of 2 x power outlets dedicated purely for our equipment (not in the form of an extension lead). Any damage caused to our equipment by an inadequate power supply or power interruption is the responsibility of the client. The client is fully responsible for any damage caused to the equipment caused by the use of noise limiters and the subsequent cut off and reintroduction of power without our consultation.
5) Equipment:
Equipment supplied is subject to change depending on the requirements of the venue (i.e. size and acoustics), number of guests and availability of equipment.
Only staff employed by us may operate our equipment. Under no circumstances may unauthorised personnel tamper, move or attempt to use equipment owned by ourselves. We cannot accept responsibility for damage to property, or injury to persons caused directly by third party intervention.
All equipment is to be returned in the same condition it went out. The client is responsible for any damage to our equipment caused by yourself or any person at your function. Client agrees to be charged for the full cost of any repairs or replacements required. (You will be advised of any damage as soon as it is caused). This is to be charged to the specified credit card at retail value (-) any discounts.
For bubble machines, snow machines & smoke machines, it is the client’s responsibility to ensure they have the relevant permission from the venue for use of these services. Should there be any additional charges for cleaning up of the discharge from these machines, this is to be stood by the client.
If we are linking our equipment within a fixed in-house audio system, we reserve the right to refuse to do so if the equipment is considered to be unsafe or liable to cause damage to any component linked to it. The client is liable if post inspections prove that damage has been caused by faulty equipment other than ours.
f) We operate regularly serviced and maintained sound and lighting equipment, and carry essential backup equipment. In the rare event of any equipment failure, an onsite repair will be attempted. If however there is an irreparable breakdown in lighting and/or sound a partial refund will be given, decided upon by us.
Lighting, sound and any other equipment may not be used by other entertainers or by any other person(s) except with the written permission of company management prior to the event.
6) Termination of contract:
We will not be liable for non-fulfilment of this contract by the Management and, or the performer, although every reasonable precautions will be taken. In the event of the client seeking compensation, we will not be liable under any such claim, and the contracted performer will only be liable for a sum up to and not exceeding the contracted amount.
We shall be entitled to terminate this contract without liability if for any reason beyond its control the performer is unable to perform, due to fire or theft of equipment, illness or breakdown of vehicle. The entertainer will use all reasonable endeavours to locate a replacement performer. However, in the unlikely event of a non-performance all monies paid will be refunded and this will be the limit of our liability to you.
Under Health & Safety laws, we can withdraw or refuse to perform in any unsafe building, access or venue where the safety of our representatives or the public may be jeopardised. In this unlikely event the booking will be terminated and the full booking fee payable.
7) Privacy:
We reserve the right to use any photography taken during the function period for promotional purposes unless otherwise advised by the client.
8) Laws of Victoria
These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
b)  If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. The Firm makes no representations that the content of the website complies with the laws of any country outside Australia.
c) If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and The Firm.
d) The failure by The Firm to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by The Firm.