1. Service Request Details

1.1. All service requests (bookings and orders) will be regarded as provisional until a written approval either via email or physical copy has been received from the client, and only if accepted by SP Fusion will the service request be confirmed. SP Fusion is not under any obligation to continue holding provisional bookings beyond the given option date (usually 10 working days from the time of booking), if these have not been received. For the purposes of this Agreement “working days” shall mean Monday to Friday inclusive.

2. Price & Payment

2.1. All prices quoted by SP Fusion may be amended when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of SP Fusion.

2.2. Any query arising from an invoice must be notified to SP Fusion in writing by the Client within 10 working days of the date of the invoice receipt. Failure to comply will render the full invoice payable on the due date.

2.3. It is strictly the responsibility of the representative of the Client confirming the booking to inform all relevant parties of the payment terms, as set out by SP Fusion.

2.4. SP Fusion works the clients payment terms which are agreed upon during registration with the organisation.

2.5. Additional Expenses – any additional expenses or fees resulting from any changes made by the Client, that have not been quoted in the agreed invoice but subsequently incurred by SP Fusion, will be invoiced separately after the event. SP Fusion will agree any additional expenses or fees with the client prior to these being incurred.

3. Cancellation

3.1. In the event that the Client wishes to cancel the whole or part of a booking or order the terms of clause 3.2 shall apply.

3.2. In relation to any booking or order cancelled or part cancelled under clause 3.1, the Client shall pay: 

• Where written notice of cancellation is received by SP Fusion 10 days or more before the date of service delivery: An administration fee of 25% of the Price plus any payments made to SP Fusion to cover Non-refundable Items.
• Where written notice of cancellation is received by SP Fusion less than 10 days before the date of the service delivery: 100% of the Price.

3.3. All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.

3.4. SP Fusion reserves the right to cancel the client’s booking or order if there has been a change of more than 40% of the client’s original contract. Client shall be required to pay where applicable under clause 3.2.  Written notification will be sent to the client.

3.5. Any postponements of confirmed and contracted business or any Public Health Emergency declared by the Nigerian government or Nigerian public authority that directly affects the operation of service delivery will be considered as a cancellation in accordance with the above cancellation clauses. However, provided the revised event date is agreed (subject to availability) and takes place within 12 months of the original date, payments received by service delivery from the client shall form a credit towards the future event. Should any postponement costs be incurred by service delivery, the client will be notified and these costs will be deducted from the amount held as credit.

4. Intellectual Property Rights (IPR)

4.1. All IPR in the Creative Brief and in an Event belongs to and shall remain vested in SP Fusion or the relevant third party owner. Where third party IPR is part of the Creative Brief and Event, SP Fusion will ensure that it has the right to use and licence such third party content for the benefit of the Client at the Event.

4.2. Save with the express written consent of SP Fusion the Client may not copy, transfer or otherwise make use of the IPR in the Creative Brief or in an Event or order and the Client may not make the IPR in the Creative Brief or in an event or order available to any third party or make any commercial use of the IPR in the Creative Brief or Event or order beyond the Event itself. 

4.3. The Client shall own all Client Created IPR.

5. Artist Availability

5.1. SP Fusion will use reasonable endeavours to ensure the availability of any Artist identified on the Booking.

5.2. SP Fusion will not be liable to the Client for any delay to or the failure in whole or part of an Event due to the non-availability of the Artist where the non-availability is beyond the reasonable control of SP Fusion.

6. International

6.1. SP Fusion will agree to put on Events and take orders outside Nigeria by special agreement. Where Events are held, and/or orders are made outside Nigeria, the Client is responsible for the costs associated with bringing personnel and equipment into the destination country. SP Fusion will itemise those costs which will be added to the Price.

6.2. SP Fusion will use reasonable endeavours to comply with visa and customs requirements but shall not be held liable for any delay or cancellation of any Event or order caused by visa or customs difficulties beyond SP Fusion’s reasonable control.

6.3. The Client shall be liable for:

6.3.1 Equipment and materials transportation costs;

6.3.2 travel costs of staff and Artists including plane flights, transfer costs and taxi fares;

6.3.3 accommodation costs; and

6.3.4 food and drink.

7. Liability

On some events, the activities that the Clients will undertake may be inherently dangerous although all guests are fully supervised throughout. As such neither SP Fusion or its employees or agents shall be liable for any damage, loss, delay or expenses caused to the client, its employees, agents, licensees or invitees or any other persons attending the event except insofar as it results from the negligence of SP Fusion or breach of contract. Please note that during particular events and on certain activities it may be necessary to request individuals to sign a liability waiver on the day of the event (although the same does not purport to exclude liability for damage to personal property of the Clients employees or staff or property damage caused to the Clients property or personal injury arising as a result of the negligence of SP Fusion), in which instances SP Fusion agrees to indemnify and hold the Client harmless against all such claims.

8. Force Majeure

SP Fusion shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God (other than one arising from or related to directly or indirectly from volcanic ash), strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, and SP Fusion shall be entitled to a reasonable extension of its obligations.

9. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

10. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of Nigeria and the parties hereby submit to the exclusive jurisdiction of the Nigerian courts.

11. Data Protection

11.1. Each party shall comply with its respective obligations and may exercise its respective rights in accordance with Data Protection Laws.

11.2. Subject access requests can be made to the following address: [email protected]

11.3. SP Fusion’s data protection policy is set out below Privacy Policy