Terms and Conditions

These Terms and Conditions are the standard terms for the provision of catering services to business customers by Provenance Collective Ltd, a limited business registered in England under company number 16607034, whose registered address is Roberts & Co, 24 High Street, Chipping Sodbury, Bristol, BS37 6AH (“the Caterer”).

Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications, whether sent by e-mail or other means.
Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
If you are a Limited Company, we may require Director(s)/Controlling Shareholder(s) to guarantee your liabilities to us or provide suitable security for payment. We reserve the right to suspend all work until satisfactory guarantees are provided.
Each reference to the singular number shall include the plural and vice versa.
Each reference to any gender shall include any other gender.
References to persons shall include corporations.

Definitions and Interpretations can be found in Schedule 1.

Information About Us

Our VAT number is 456685840.
We may be contacted by email at enquiries@provenancehospitality.co.uk and our contact number is 07809 329851.
We are a member of the Nationwide Caterers Association (NCASS).

The Catering Services

We shall provide the Catering Services to You using reasonable skill and care consistent with best practices and standards in the catering market.

You have the option to request changes to the Catering Services up to 2 weeks before the Event starts, provided you do so promptly. We will make reasonable efforts to accommodate your requests. However, we cannot guarantee our ability to do so, especially if changes are requested shortly before the Event. If you propose a change, we will notify you of any associated price increase. Before implementing the change, we will seek your approval to proceed considering the updated cost.

In the event of circumstances beyond our control necessitating a change in the Catering Services, we reserve the right to do so. We will promptly notify you and make every reasonable effort to minimise these changes. Our aim is to provide you with services as similar to the original as reasonably possible given the prevailing circumstances.

If it's reasonably necessary for us to take preparatory steps after providing you with our Order Confirmation but before the Contract mandates the commencement of Catering Services, we are obligated to do so.

In the event of significant increases in the market price of key ingredients, in particular meat, poultry, seafood, or other essential produce, we reserve the right to adjust the final invoice to reflect such fluctuations, provided these costs have materially increased between the time of the original quote and the Event. Where possible, we will notify you in advance and offer suitable alternatives if required. Any such adjustment will be based on verifiable market pricing and applied reasonably and proportionately.

Price and Payment

The VAT exclusive Price payable for the Catering Services will be calculated in accordance with Our Order Confirmation/Invoice.
VAT will be chargeable and payable by You in addition to that Price at the applicable rate current at the date that We invoice You. The Price payable plus the VAT thereon is the “Total Price” for the Catering Services.

Before We begin providing the Catering Services, you will be required to pay a Deposit of 30% on account of the Total Price. The due date for payment of Your Deposit is within 48 hours of receiving the invoice.
The balance of the Total Price will be payable 4 weeks prior to the event date.
You agree to the adjustment of the remaining balance to accommodate and reflect the final number of guests and final menu choices.
We accept payment in GBP by BACS to the account listed on the invoice.

Time shall be of the essence for payments under the Contract. If You fail to make any payment on its due date then We shall have the right to charge You interest on any sums overdue until payment is made in full, both before and after any judgment, at the rate of 8% per annum over the Bank of England base rate.

Details relating to provision of the Catering Services

If we require any information or action from You in order to provide the Catering Services, We will inform You of this as soon as is reasonably possible.
Should the information or action needed from you be delayed, incomplete, or inaccurate, any resulting delays will not be our responsibility. We may charge a reasonable additional fee if extra work is needed.

It is your responsibility to inform us of all dietary requirements no later than 4 weeks before the event date. We cannot accept liability for undisclosed or miscommunicated dietary requirements.

We follow all relevant HACCP guidelines at all stages of food preparation including production and handling.
We will deliver and set out the Food at the time and date specified in the Order Confirmation/invoice.

If we fail to deliver the Food at the specified time and date, except when your non-payment or material breach justifies such failure, you have the right to terminate the Contract.

Where barbecues or spit roasts are used, we cannot accept liability for damage to patios, lawns, decking, or other surfaces resulting from heat, grease, or residue.

Unless expressly agreed in writing before the Event, any surplus food prepared for your Event will be removed. Where, by prior agreement, leftover food is left with you, we will have no further responsibility for its storage or handling and accept no liability thereafter.

Problems with the Catering Services

We always use reasonable efforts to ensure our provision of the Catering Services is trouble-free. If, however, there is a problem with the Catering Services We request that You inform Us in writing as soon as is reasonably possible.

It is Your responsibility to make Us aware of any food allergies or intolerances of any of Your guests at least 4 weeks prior to the event.
Guests are responsible for adhering to the seating plan to prevent risks related to allergies or intolerances.
Guests must take their own responsibility around the service area until clarification and confirmation have been sought from Us.

We will use reasonable efforts to remedy any such problem quickly and will not charge You if caused by Us.

Insurance

We shall ensure that We have in place at all times suitable and sufficient public liability insurance.

Liability and Indemnity

Except in cases of death or personal injury resulting from Our negligence, or instances of fraud, Our liability shall not extend to any loss of profit, anticipated savings, or any indirect, special, or consequential loss.

You shall indemnify Us against all damages, costs, claims and expenses arising from loss or damage to any equipment caused by You or Your agents.

If We are providing Catering Services on Your property and We cause any damage, We will make good that damage at no additional cost to You.

Confidentiality

Each Party undertakes to:

keep all confidential information secure and private;
not disclose any Confidential Information to any third party;
use Confidential Information only for purposes outlined in the Contract;
ensure directors, employees, agents, and contractors adhere to these obligations.

These obligations continue after termination.

Force Majeure

We shall not be liable for any failure or delay resulting from causes beyond Our control including strikes, fire, flood, terrorism, war, pandemic, or other natural disaster.

If such an event continues for 4 weeks, either party may terminate. Upon termination, we may retain reasonable costs and refund any balance.

Term, Cancellation and Termination

The Contract shall come into force on the date of the Order Confirmation.

You may terminate at any time with immediate effect by giving written notice, subject to:

Deposit is non-refundable (except under the 14-day cooling-off period).
If cancelled less than 4 weeks before the Event: 100% payable.
Between 4 and 12 weeks: 50% payable.
More than 12 weeks: 30% payable.

Either Party may terminate if:

Payments are not made within 5 Business Days of due date.
A breach is not remedied within 30 Business Days.
Bankruptcy, liquidation, or insolvency events occur.

If we terminate before completing services, we refund amounts paid up to termination.

14-Day Cooling Off Period (Consumers)

Consumers have the right to a 14-day cooling-off period starting from contract formation. During this period, you may cancel for a full refund.

Effects of Termination

Upon termination:

Any outstanding payments are immediately due.
Clauses intended to apply post-termination remain in effect.
Each Party must cease use of Confidential Information.

How We Use Your Personal Information (Data Protection)

For details of data collection, processing, and your GDPR rights, please refer to our Privacy Notice on our website.

No Waiver

No failure or delay by either Party in exercising rights shall be deemed a waiver.

Further Assurance

Each Party shall execute documents as necessary to give effect to the Contract.

Complaints

If you have complaints, please contact us directly. We request that complaints not be posted publicly before an internal investigation.

Set-Off

Neither Party may set-off sums against payments due.

Assignment and Sub-Contracting

We may assign obligations to a third party.
You may not assign without our written consent.
We may delegate tasks to team members or subcontractors.

Relationship of the Parties

Nothing in the Contract shall constitute a partnership, joint venture, or agency relationship.

Third Party Rights

No rights are conferred on third parties.

Notices

All notices must be in writing and are deemed delivered if:

by courier during business hours,
by email with receipt,
by post after 5 business days.

Entire Agreement

The Contract is the entire agreement between the Parties.

Severance

If any provision is unlawful or invalid, it shall be severed. The rest remains valid.

Dispute Resolution

In case of dispute, we are willing to consider Mediation or Arbitration. The decision shall be binding.

Law and Jurisdiction

The Contract shall be governed by the laws of England and Wales.
Any disputes shall fall within the jurisdiction of the courts of England and Wales.

Schedule 1 — Definitions and Interpretation

Business Day: any day (other than Saturday or Sunday) on which banks are open for business.
Calendar Day: any day of the year.
Catering Services: the catering services (including supply of Food) to be provided as specified in the Order.
Confidential Information: information disclosed by either Party under the Contract, whether marked confidential or not.
Contract: the agreement comprising the Order, Order Confirmation, and these Terms and Conditions.
Deposit: advance payment made under Clause 4.3.
Event: the event hosted and organised by You for which Catering Services are required.
Food: the food we provide.
Order: your order for Catering Services.
Order Confirmation: our acceptance and confirmation in writing of your Order.
Price: VAT exclusive price payable.
Total Price: VAT inclusive price.
We/Us/Our: the Caterer.
You/Your: the Customer.