TERMS AND CONDITIONS
1. SCOPE OF SERVICES
1.1 Scope of Services. Wendy Wen Productions provides event planning, balloon decor, and installation services ("Services") for various events including but not limited to weddings, birthdays, corporate events, and other private functions. The specific details of the Services provided to the Client shall be set out in a quotation or proposal provided by Wendy Wen Productions.
1.2 Changes to Services. Any changes to the scope of the Services requested by the Client must be agreed upon in writing by both parties and may result in additional fees.
1.3 Third-Party Services. Wendy Wen Productions may engage third-party service providers to assist in the provision of the Services, including but not limited to catering, entertainment, and venue rental. Any third-party services shall be subject to separate terms and conditions.
2.PAYMENT
2.1 Payment Terms. The Client shall pay Wendy Wen Productions for the Services in accordance with the payment terms set out in the quotation or proposal provided by Wendy Wen Productions. Unless otherwise stated, payment is due in full at least 14 days prior to the event date.
2.2 Late Payments. In the event of late payment, Wendy Wen Productions may charge interest at a rate of 1.5% per month or the maximum rate allowed by law, whichever is lower.
2.3 Non-Payment. Wendy Wen Productions reserves the right to suspend or terminate the provision of the Services if payment is not received in accordance with the agreed payment terms.
2.4 Additional Costs. The Client shall be responsible for any additional costs incurred by WendyWen Productions as a result of changes to the scope of the Services requested by the Client or any other costs incurred as a result of the Client's breach of these Terms.
3. CANCELLATION AND REFUNDS
3.1 Cancellation by the Client. In the event that the Client cancels the Services, WendyWen Productions reserves the right to charge a cancellation fee. The amount of the cancellation fee shall be determined by WendyWen Productions based on the amount of work completed at the time of cancellation.
3.2 Cancellation by Wendy Wen Productions. Wendy Wen Productions reserves the right to cancel the provision of the Services at any time prior to the event date due to circumstances beyond our control. In such cases, Wendy Wen Productions shall refund any fees paid by the Client in full.
4. LIABILITY
4.1 Limitation of Liability. Wendy Wen Productions shall not be liable to the Client for any indirect or consequential loss or damage arising out of or in connection with the provision of the Services, including but not limited to loss of profits, loss of business, or loss of goodwill.
4.2 Force Majeure. Wendy Wen Productions shall not be liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our control, including but not limited to acts of God, war, terrorism, or natural disasters.
4.3 Insurance. Wendy Wen Productions maintains general liability insurance coverage for the provision of the Services. Any claims arising out of the provision of the Services shall be subject to the terms and conditions of our insurance policy.
5. WARRANTIES
5.1 Wendy Wen Productions warrants that the Services will be performed in a professional and workmanlike manner in accordance with industry standards.
5.2 The Client acknowledges that Wendy Wen Productions is not responsible for any failure to meet the Client's expectations, provided that WendyWen Productions has performed the Services in accordance with these Terms.
6. CONFIDENTIALITY
6.1 The Client agrees to maintain the confidentiality of all information provided to Wendy Wen Productions in connection with the Services and to use such information solely for the purpose of receiving the Services. Wendy Wen Productions agrees to maintain the confidentiality of all such information and to use such information only as necessary to provide the Services or as required by law.
6.2 Exceptions. The obligations of confidentiality shall not apply to any information that: (i) is or becomes generally available to the public through no fault of Wendy Wen Productions; (ii) was in Wendy Wen Productions' possession prior to its disclosure by the Client; (iii) is lawfully obtained by Wendy Wen Productions from a third party without any obligation of confidentiality; or (iv) is independently developed by Wendy Wen Productions without reference to the information provided by the Client.
7. INTELLECTUAL PROPERTY
7.1 Ownership of Intellectual Property. Wendy Wen Productions retains ownership of all intellectual property rights in any materials or designs created or developed by Wendy Wen Productions in connection with the provision of the Services.
7.2 Use of Intellectual Property. The Client shall not use any intellectual property rights belonging to Wendy Wen Productions without our prior written consent, except as necessary to use the Services.
8. TERMINATION
8.1 Termination for Breach. Either party may terminate these Terms in the event that the other party breaches any material term or condition of these Terms and fails to cure such breach within 30 days of receiving written notice thereof.
8.2 Termination for Convenience. Either party may terminate these Terms at any time for any reason upon providing 30 days' written notice to the other party.
9. FORCE MAJEURE
9.1 Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by an event beyond its reasonable control, including but not limited to acts of God, fire, flood, war, terrorism, government action, or any other cause beyond the reasonable control of the affected party.
10. GOVERNING LAW AND JURISDICTION
10.1 These Terms shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflicts of laws principles.
10.2 Any dispute arising out of or in connection with these Terms shall be resolved exclusively in the state or federal courts located in the State of Texas.
11. ENTIRE AGREEMENT
11.1 These Terms constitute the entire agreement between Wendy Wen Productions and the Client with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
11.2 No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by both parties.
12. MISCELLANEOUS
12.1 Assignment. Neither party may assign or transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
12.2 Notices. Any notice, request, demand, or other communication required or permitted under these Terms shall be in writing and shall be deemed to have been duly given when delivered in person, by email, or by certified or registered mail, return receipt requested, postage prepaid, to the addresses set forth in the quotation or proposal provided by Wendy Wen Productions or to such other address as may be specified in writing by either party.
12.3 Waiver. The failure of either party to enforce any provision of these Terms shall not be deemed a waiver of such provision or any other provision of these Terms.
12.4 Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible.
IN WITNESS WHEREOF, the parties have executed these Terms as of the date first written above.
By signing and continuing, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions.