These Terms and Conditions (“Terms”) govern your reservation with NY EVENTS NY, LLC.. (“us”, “we”, “our” or “NYE Staffing”). Please read all of these terms carefully before submitting your deposit to make your reservation. Your access to and use of our service is based on your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these terms. If you do not agree to these terms in whole or in part, you may not use our service.
Payment to reserve services will serve in lieu of signature and signifies the client has read and agrees to all terms & policies stated below.
Section 1. Services.
NYE Staffing will provide services described on the estimate/invoice for event. All bookings are subject to a 5-hour minimum. We offer shorter service times, however the total will be calculated on the 5 hr. minimum for that service. In time is the time staff arrive at event site and out time is the time staff leaves the event site. Our staff schedule their time based on the the timing listed on your invoice, therefore if staff are dismissed early by client or work is concluded prior to time stated on invoice, the client forfeits the remaining service time and will not be refunded for that amount of time. Client credit card number will be held on file and client will be charged immediately for any additional time/service rendered at the event.
Confirm that ALL details listed on this estimate or invoice are correct including the date, roles and time. Once deposited, your staff are committed to the date, time and roles stated on your invoice and schedule their time accordingly. If the date provided was incorrect and needs to be updated after depositing, you are not guaranteed staff for the corrected date and you are not guaranteed reimbursement for staff scheduled for an incorrect date. If staff are available for the corrected date, you will be assessed a $150 date change fee and depending on proximity to event date may need to re-book the services entirely.
Section 2. Pricing
(a) Client will pay the rates stated on the Estimate/Invoice. Rates listed do not include any gratuity for staff.
(b) Gratuity Policy- Gratuity is left up to the discretion of the client & guests. We suggest at least 20% gratuity directly to the staff via cash, Venmo, Paypal or Zelle. This will need to be coordinated directly through your staff members, as we do not accept gratuity through theinvoice or office.
(c) Event insurance and coordination service is applied to all bookings.
(d) Transportation costs vary on location, number of staffing, time traveled by staff, timing of transportation required to staff event ,etc.
(e) $60 rush fee will be assessed for staffing requests within 48 hours of the business day of the event date.
(f) If any service times are extended on the day of or at the event, the extension rate billed will be $50.00 per hour per staff member. Any interval of time will be rounded to the nearest 30-minute increments.
(g) Once deposited your staff are committed to the date stated on your invoice, if the date provided was incorrect and needs to be updated after depositing, you are not guaranteed staff for the corrected date.If staff are available for the corrected date, you will be assessed a $150 date change fee and you may need to re-book services completely depending on proximity to event date.
(h) Sweeping, mopping or general cleaning are not a part of our services unless previously discussed and arranged. Dish washing, including loading a dishwasher, is not included in our standard services and is an additional service. This additional service is $50 for up to one hour of service for a small event or $40/hr. for larger events that require a set dish washer staff member for multiple hours. If you do not reserve this service with your reservation and staff are asked to wash dishes any dishes at your event, you will be charged an $150 additional service charge.
(i) Staff are reserved for the roles stated on the estimate and/or invoice. If staff are asked at the event to switch roles or provide a service not listed under their current role i.e. server provides bartending service, you will be charged the hourly difference in rates, as well as a $150 additional service fee.
Section 3. Payment Methods & Terms
(a) A deposit of at least 50% is required to reserve staff and date, payment in full is required 3 business days prior to event to consider services fully reserved. If payment is not received in full by said due date, there is no guarantee of services.
(b) Payments can be made via Debit Card or Credit Card (3.5% additional processing fee applies to any charge made after the initial payment to make or complete a reservation). Wire Transfers will incur a $15 bank charged fee charged for incoming wires, per wire transfer. Wire transfer & ACH payments must be initiated no later than 7-10 business days prior to your event date(s). Wired funds must post in our account prior to considering your reservation complete or scheduling your staff. An additional form will be required and a credit card will still be held on file. (c)We DO NOT accept mailed checks as a form of payment as this has proven to be an unreliable method. Any check payment must be hand delivered, deposited and cleared in our account prior to considering your reservation complete or scheduling your staff.
(d) A $60 rushed coordination fee will be assessed for requests made 48 hours or less from the event date.
(e) Client authorizes NYE to charge any reasonable additional costs incurred by NYE in the service of client for the event that has therefore been unaccounted for in this section.
(f) Client will be charged immediately for any date change or any additional time/service rendered at the event.
(g) Punctuality of your staff is expected, but if staff is late due to unforeseen circumstances by 30 mins or more, NYE will reimburse for said time. Any billing related issues must be discussed with a member of our office by emailing hello@nyeventsny.com within 3 business days of the event date.
(h) Any open invoice not paid within 24 hours of the event will incur a 15% late payment fee. Each continuing 30 day period where payment is delinquent will result in a further fifteen percent (15%) late fee being assessed. In the event of non-payment, NYE Staffing retains the right to attempt collection through all legal and permissible means. Client will be responsible for all court fees, legal fees, and collection costs incurred by NYE Staffing. It is further agreed and understood that Client shall be charged $50 for each returned check.
Section 4. Cancellation & Rescheduling Policy
(a) If client cancels reservation for any reason, including reasons related to venue stipulations, general weather conditions or COVID related reasons, the following policies will apply: eight (8) business days or more prior to the event date, client will receive a 100% refund or credit for a future event of amount paid, seven (7) business days prior to event date, client will receive a fifty percent (50%) refund of amount paid. If client cancels two (2) business day or less prior to event date, the paid amount is non-refundable and client will incur a 100% cancellation fee. Cancellations by phone are not permitted and must be made via email to helo@nyeventsny.com
(b) Inclement Weather Policy is as follows: If an event has to be rescheduled due to inclement weather, this must be communicated 3 days or more in advance of the event date and NYE will credit the amount paid, towards the clients future event. The rescheduled date cannot be guaranteed and is based upon availability. If an event has to be ended early due to inclement weather, the client forfeits the remaining service time and will not be refunded for that amount of time.
(c)The client must provide a notice of cancellation of an event in writing via email to hello@nyeventsny.comin order for the event and staff to be considered cancelled.
(d) Any credit issued to client must be used for an event scheduled within 6 months of the original event date, if the client fails to utilize services within 6 months, they forfeit the total credit amount.
(e) If the client cancels, and a deposit/full payment was not provided in a timely manner, then a cancellation balance is due to NYE Staffing within five (5) days of cancellation.
(f) If NYE has to cancel for any reason, the client will receive a refund of the paid amount minus the 3.5% processing fees.
Section 5. Client Responsibilities
(a) Client understands that they or their guests may not ask staff to drink alcohol, engage in illegal activities or
perform tasks outside of the scope of NYE STAFFING listed services including cleaning floors.
(b) Client may not request the staff to stay at the event after completion of their duties, the time when staff leaves the event is considered the out time. Client is billed for all time staff remains on site and billing shall incur in no less than 30 minute increments.
(c) Client acknowledges and understands that they may, under no circumstances, approach NYE Staffing with offers of employment. If Client would like to independently employ any NYE staff, client must notify the NYE Staffing office at hello@nyeventsny.com. Client acknowledges and understands that it may not contact former office staff for 3 years of the date resigned and current office staff, unless approved by NYE Staffing in writing, with offers of employment or requests for services competing with services provided by NYE Staffing.
Section 5. Termination
No termination of this Agreement, however effectuated, shall release the parties from their rights
and obligations accrued prior to the effective date of termination.We reserve the right, at our sole discretion, to modify, terminate, or suspend any aspect of the service, including your access to the Service, without prior notice or liability, for any reason, including, but not limited to, if you violate the Terms. All provisions of the Terms will remain in effect even after termination, including ownership provisions, indemnity, and limitations of liability. Upon termination of the Terms, your right to use the Service will cease immediately. If you wish to terminate your service, you can do so by discontinuing the use of the Service, in which case any remaining time will be forfeited.
Section 6. Limited Liability
(a) NYE Staffing will strive to provide top-quality service for client at the event listed on the invoice. If NYE Staffing commits any errors or if any equipment fails, NYE Staffing will take immediate corrective measures to rectify the situation. However, NYE Staffing will not be liable to Client for any loss or damage incurred.
(b) Client acknowledges and understands that Client has no claims against NYE Staffing or its staff for any act or omission that occurs in the performance of this agreement.
NY Events NY LLC, and its principals, officers, directors, representatives, employees, contractors, licensors, licensees, partners, agents, suppliers, or affiliates, shall not be liable to you or any other person for any loss or damage, including any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, arising from or relating to the Services or these Terms, whether or not we have been informed of the possibility of such loss or damage.
Section 7. Force Majeure
NYE Staffing and Client are both excused from their contractual duties under extraordinary, unanticipated circumstances of weather leading to a State of Emergency. Payment is refundable in such cases.
Section 8. Notice
Any notices to be provided by either party shall be made in writing by emailing hello@nyeventsny.com.
Section 9. Severability
If any provision of this Agreement is held to be invalid, void or unenforceable for any reason, the
remaining provisions shall remain in full force without being impaired or invalidated in anyway.
Section 10. Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the State of New York, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and NYE. regarding the Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Section 11. Forum Selection
Any dispute under this agreement resulting in litigation will be heard in the federal or state
courts located in the State of New York.
Section 12. Purchases
If you wish to purchase any service made available, you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your credit card number, the expiration date of your credit card, your billing address, etc. You represent, warrant and covenant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase, and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for any reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons.
Section 13. Privacy
Information regarding the collection, use, and disclosure of personal information is available in our Privacy Policy.
Section 14. Availability, Errors, and Inaccuracies
To ensure exceptional service and accuracy, we regularly update the services on our platform. While we strive for accuracy, we cannot guarantee the completeness or accuracy of all information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information at any time and to correct errors, inaccuracies, or omissions without prior notice. Despite our best efforts, there may be occasional errors in pricing, product descriptions, or product availability. Please note that updates to information on our platform and our advertising on other websites may experience occasional delays.
Section 15. Contests, Sweepstakes, and Promotions
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) available through the Service may have rules separate from these Terms. When participating in Promotions, please review both the specific rules for that Promotion and our Privacy Policy. If there is a conflict between the Promotion rules and these Terms, the Promotion rules will take precedence. Note that Promotions will have limited availability.
Section 16. Accounts
When creating an account with us, you are required to provide accurate, complete, and current information at all times. Failing to do so constitutes a violation of our Terms, which may result in the immediate termination of your account on our Service. It is your responsibility to protect your username and password (referred to as “Credentials”) used to access the Service and to monitor any activities or actions performed using your Credentials.
You agree not to disclose your Credentials to any third party or allow any other third party to access the Services using your Credentials. If you suspect or become aware of any security breach or unauthorized use of your Credentials, you must notify us immediately.
We are not obligated to verify the identity or authority of any person using your Credentials to access or use the Service, and we retain the right to rely on the authority of anyone using your Credentials. You will be held accountable for any actions taken under your Credentials, regardless of whether you authorized those actions.
Section 17. Intellectual Property
As between you and NYE Staffing, the Service and all contents, including but not limited to text, images, graphics or code, are the property of NY Events NY, LLC. or its licensors and are protected by copyright, trademarks, and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with NY EVENTS NY, LLC. Any other use without our prior written consent is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of NYE Staffing or its affiliates. You further agree not to use, change or delete any proprietary notices from materials from the Service.
Section 18. Links to Other Website
The Service may include links to third-party websites or services that are not owned or controlled by NY Events NY LLC. (“Third-Party Services”). NYE has no control over these Third-Party Services and assumes no responsibility or liability for them. We strongly recommend that you review the terms and conditions as well as the privacy policies of any Third-Party Services you choose to visit.
Section 19. Amendments
We retain the prerogative, at our sole discretion, to amend or substitute these Terms at any time, with or without prior notice, by publishing the updated Terms on our website. Your continued access or use of our Service following the implementation of these revised Terms signifies your acceptance of them. If you disagree with any part or the entirety of the revised Terms, you are not permitted to use or access the Service.
Section 20. Indemnification
You agree to indemnify, defend and hold harmless NY Events NY LLC, and its principals, officers, directors, shareholders, representatives, employees, contractors, licensors, licensees, suppliers, partners, affiliates, and agents, from and against any and all liability, claims, losses, damages, obligations, costs, actions or demands, including but not limited to legal and accounting fees, as a result of or relating to your violation of these Terms or your use of the Service.
Section 21. Disclaimers
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. You understand and agree that you will be solely responsible for any damage and for any loss that results from the use of the Service.
To the fullest extent permitted by applicable law, NY Events NY LLC, and its subsidiaries, affiliates and licensors disclaim all representations, warranties and conditions of any kind, whether express or implied or non-infringement.
NYE and its subsidiaries, affiliates, and licensors do not warrant that a) the Service will be uninterrupted, timely, secured, accurate, complete, reliable, error free or available; b) any errors or defects will be corrected; or c) the Service will meet your requirements.
Section 22. Non-Waiver of Rights
No waiver of any breach of any provision of these Terms shall be effective or binding unless made in writing to hello@nyeventsny.com and signed by NYE Staffing. The waiver of a breach of any provision in these Terms shall not prevent the enforcement of that provision by NYE Staffing. In the case of a subsequent breach, and shall not be deemed or construed as a waiver of any subsequent breach.
Section 23. Assignment
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Privacy:
Information regarding the collection, use, and disclosure of personal information is available in our Privacy Policy.
If you have any questions about these terms, please contact us.
85 Broad Street, 16th floor
New York, NY 10004
policy@nyeventsny.com