Terms and Conditions of Sale and Service
1. Enforceability
These General Terms and Conditions of Sale and Services (hereinafter referred to as, “GTC”) are systematically addressed or handed to each client to enable them to place an order.
Placing an order implies their full and unreserved acceptance, to the exclusion of all others. Only special conditions formally accepted in writing by Morpheus Events may prevail over the present General Conditions (G.C).
Any contrary condition opposed by the client will be, in the absence of written acceptance, void against Morpheus Events regardless of the time when it may have been brought to its knowledge.
Morpheus Events reserves the right to modify its G.C.
The applicable G.C are those in force at the date of the order placed by the client. The fact that Morpheus Events does not avail itself of any of these conditions at a given time may not be interpreted as a waiver of its right to do so at a later date.
2. Order
Order content
Once the client’s needs have been expressed, Morpheus Events will issue a quotation (purchase order) particularly indicating the venue and, if applicable, the caterer and/or services chosen by the client, as well as the dates, the number of guests and the price.
The agency’s services are priced according to the event and sent to the client as part of its operating expenses: canvassing, drafting and negotiating with service providers.
This purchase order is drawn up on the basis of declarations made by the client, who certifies their accuracy.
Any additional services requested by the client during the event or not provided for in the purchase order will be invoiced separately.
The transmission of the purchase order to the client implies a written reservation option for a period of 15 days.
Morpheus Events is only bound by orders taken by its employees subject to written and signed confirmation on its part. The beneficiary of the order is personal to the client and cannot be transferred without the agreement of Morpheus Events.
Definitive nature of the offer
Orders for products or services are only definitive after receipt of the final offer signed by the client and the payment of a deposit of 50%, which constitute the conclusion of the contract, subject to written and signed confirmation of the purchase order by Morpheus Events, provided that the event takes place at least 1 month before the fixed date.
Morpheus Events agrees to abide by the general terms and conditions of sale and payment with its partners and suppliers, and thus this obligation is also imposed on the client.
The terms of payment which are communicated to Morpheus Events, and which constitute the conclusion of the contract, subject to written and signed confirmation of the purchase order by Morpheus Events on behalf of its client.
Order modification
No modification, cancellation or rescission of an order requested by the client can be received after confirmation of the offer by Morpheus Events, unless otherwise stipulated.
In the event of total or partial cancellation of the offer, a debit invoice “cancelled service” will be sent by Morpheus Events to the client, according to the final offer transmitted and after the issue of the invoice in proportion to the payments already made.
Any deposit or management fees paid by the client to Morpheus Events will be definitively acquired by the client, unless otherwise agreed between the parties.
Tariff change
In the event of a change in the tariff of the various service providers or partners “after final validation of the offer by the client”, if these are revised downwards, Morpheus Events commits to make a readjustment to its clients.
Morpheus Events may have to propose offers to its clients (estimated as broadly as possible) in the event that certain items are subject to price variations, thus allowing for more extensive negotiation with its suppliers.
It is the responsibility of Morpheus Events to be as transparent as possible in this case and to make a readjustment at the time of the final invoice to its client.
3. Performance of services
Morpheus Events commits to perform the service by the deadline indicated on the purchase order and at the location specified by the Client.
In the event of postponement for any reason not attributable to Morpheus Events, the deposit paid by the client will be retained by Morpheus Events.
An amount of 10% (ten per cent) of the total order will be invoiced in addition to the initial service, in respect of the postponement expenses, particularly administrative.
In the event of cancellation for any reason not attributable to Morpheus Events,
Morpheus Events will retain, as part of its operating expenses, the deposit paid by the client as well as 15% (fifteen percent) of the total order.
In the event of cancellation by a Morpheus Events sub-contractor, the latter commits to implement all necessary means in order to allow the client access to the promised services without any increase in the price stipulated on the purchase order.
4. Specific Pandemic/COVID Clause
In the event of confinement imposed by an administrative authority, it is recalled that Morpheus Events is solely responsible for the proper performance of the services provided, and therefore cannot be held responsible for any difficulties encountered by the client in reaching the place of performance of the services, if Morpheus Events is otherwise able to provide the services sold and that there are no exceptional and unavoidable circumstances, occurring at the place of performance of the services or in the immediate vicinity thereof, having significant consequences on the performance of the contract or on the transport of the client to the place of performance.
In addition, as the health situation is likely to have an impact on the running of services for several months to come, it is possible that access to certain workshops and/or activities initially provided for in the contract will not be possible due to any restrictions imposed by the government.
In this case, Morpheus Events may propose a replacement activity. In the event of refusal on the part of the client, the service that could not be carried out will be reimbursed, without the possibility of claiming damages.
5. Subcontracting Agreement
Morpheus Events may entrust to third parties the performance of all or part of the material or intellectual services.
6. Termination or rescission of the order
The order may be rescinded by the client by registered letter with acknowledgement of receipt in the event of:
- Performance of a service that does not conform to the declared nature of the service.
- Execution exceeding by thirty days from the date fixed in the offer, after having previously ordered Morpheus Events, in the same way and without result, to carry out the delivery within a reasonable additional period.
- In all these cases, the client may demand reimbursement of the deposit paid when the order was placed “excluding operating expenses”.
The order may be rescinded by Morpheus Events in the event of:
- Refusal to perform the service ordered.
- Non-payment of the price (or the balance of the price) ten days before the performance of the service.
In these cases, alone, the deposit paid at the time of the order remains the property of Morpheus Events by way of compensation.
7. Performance of contract
Morpheus Events cannot be held responsible for any safety obligation towards the client with regard to services concerning his/her person or property. All service providers and partners are subject to the obligation to present insurance to Morpheus Events.
Morpheus Events shall also not be liable for any damage caused by a security defect in the service or in the equipment used to provide the service.
After signature of the offer by the client with Morpheus Events,
NOTA :
The client undertakes not to approach other event service providers or suppliers in parallel. Failing this, Morpheus Events reserves the right to withdraw from the assignment without incurring any costs.
However, a fixed fee of €500.00 will be invoiced to the Client on the basis of the work already carried out by Morpheus in the event of parallel approaches by the Client.
8. Invoicing
An invoice is drawn up, in accordance with the provisions of article 293 B of the General Tax Code in Portugal and in accordance with the Commercial Code, for each delivery and issued at the time of delivery or upon execution of the service.
Morpheus Events is subject, like any company based in Portugal, to the obligation to draw up all its invoices online (invoicing transmitted automatically to the AT “Autoridade Tributaria das Finanças” / Tax Authority for Finances) and therefore no modification or rectification may be made by Morpheus after it has been issued.
Invoices may only be cancelled within a maximum of 48 hours.
After this period, the invoice is payable by the client.
On receipt of the invoice by the Client, the latter must send back the “comprovativo” document proving the bank transfer to Morpheus Events so that it can be sent to the accounting department.
9. Payments
Invoices for services must be paid no later than 1 month before the event, except for the following service providers:
airlines, hotels, youth hostels, lounges, auditoriums and caterers, for whom a deposit (or) the full amount must be paid in accordance with the general terms and conditions of the facilitator(s) and venue(s).
It should be noted that a deposit of 60% must be paid when the purchase order is signed by the client (with the exception of transfer and flight bookings).
Payment is deemed to have been received on the agreed due date, and not the provision of a means of payment.
Any sum not paid by the due date shown on the invoice shall automatically entail the application of the following penalties from the day following the payment date shown on the said invoice, without the need for formal notice:
- A fixed indemnity for recovery costs of €40, which may exceed this amount on presentation of proof by Morpheus Events
- Penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, i.e. for the first six months of the year concerned, the rate in force on 1st January of the year in question and for the second six months, the rate in force on 1st July;
- Late payment interest at the legal rate plus 5 percentage points from the due date.
10. Prices
Prices are subject to change without notice. Morpheus Events cannot be held responsible for price changes concerning flights and transfers.
However, prices are guaranteed at the time of the final offer, which has been confirmed in writing by Morpheus Events.
11. Disputes
Before taking any legal action, the parties shall seek to reach an amicable agreement. Jurisdiction shall be with the courts of the city of the local branch of Morpheus Events, which is Lisbon- Portugal.
EVEN IN SUMMARY PROCEEDINGS to hear all disputes between the parties, unless Morpheus Events prefers to bring the matter before any other competent jurisdiction. The relationship between the parties is governed by Portuguese law.
12. Image rights
The client authorises Morpheus Events to capture and use, free of charge, the photos and videos of the event on all media and in all formats, both in the commercial and non-commercial sector, it being specified that the client will be responsible for having the persons taking part in the event sign an authorisation for image rights in accordance with the intended capturing and use.
This authorisation to capture and use images is valid for five years from the end of the contractual relationship between Morpheus Events and the client.
13. Non-Disclosure Agreement
Morpheus Events have to provide all of its clients with an NDA as part of the assignment entrusted to it. The client must read it and validate it by means of a digital signature.
14. Case of Force Majeure
Morpheus Events cannot be held responsible in the event of non-performance or poor performance of the contract either due to the actions of its client, or to the insurmountable and unforeseeable actions of a third party to the contract, or to a case of force majeure.
In particular, Morpheus Events will not be considered to be in default in the event that non-performance of the contract is due to fire, flood, storm, exceptionally intense bad weather; especially a state of natural disaster, strike, industrial action or any other major incident, unavoidable obstacles, war (declared or not), embargoes, legal impediments, insurrection, events of a pandemic, epidemic, bacteriological or viral in nature, or any other cause not attributable to Morpheus Events.
In the event of total or partial cancellation of the order by the client due to a case of force majeure, a debit invoice for the “cancelled service” will be sent to the client under the conditions set out in the article “Modification of the order”. The deposit paid to Morpheus Events will remain payable.
15. Material or moral damage
MORPHEUS EVENTS declines all responsibility for any material or moral damage caused to participants or their property during the event organised and its sequels, and no claim or action may be brought against MORPHEUS EVENTS in this respect, unless it can be proven that there was intentional fault or gross negligence on its part.
The Client Company is liable for any damage, direct or indirect, that the company itself, its employees or participants may cause during the event and/or its sequels.
Consequently, you commit to MORPHEUS EVENTS to make the necessary arrangements for the required cover.
Under no circumstances can MORPHEUS EVENTS be held responsible for direct or indirect damage linked to the execution of the service provided by the service providers concerned, who alone will be liable to the client company.
The client company commits to waive and to have its insurers and/or any participant if applicable, waive any recourse against MORPHEUS EVENTS in the event of damage.
Failing this, the client company commits to guarantee MORPHEUS EVENTS against any recourse and/or claim and commits to compensate MORPHEUS EVENTS for any damage, loss or expense resulting from such recourse and/or claim.
16. Contractual terms
The nullity of a contractual clause does not entail the nullity of the general terms and conditions of service.
17. Services
Morpheus Events has an “exclusive” portfolio based on membership, which enables us to offer our clients competitive rates selected in advance.
All services are checked and tested beforehand by our teams, so that they are consistent with our service proposal.
Services are invoiced on the basis of a fixed price/hourly rate depending on the event, and are sent to you in advance. Upon acceptance, Morpheus Events has an obligation to work on the project and to deliver results.
Morpheus Events commits to an obligation of means through the following services:
– Accompanying the client “from the beginning of the project until the end”.
– Project outsourcing
– Timeline coordination by our teams
– Provision of support material to the customer
– Obligation to provide feedback “at intervals depending on the needs of the event”.
– 24-hour availability of our services (email, telephone)
– Communication of visuals “depending on the event”.
– Guaranteed rates with no upward revaluation
Depending on the needs of the event, our team will be asked to manage the coordination of the event on site. This rate is invoiced by the day and according to the event.
To this end, Morpheus Events provides complete customer satisfaction, in accordance with the offers made to its customers. Once the quotation has been returned by the client, the client will not be able to oppose Morpheus Events to subjective criteria (of taste, beauty, comfort for example) to justify the complete or partial redoing of the work carried out (in particular the deliverables) or the refusal of the payment of the services for which it committed itself.
The Client acknowledges that the visuals, Moodboards and other documents such as “trend charts” provided by Morpheus are solely illustrative and non-contractual. They are part of a consultancy service which aims to give ideas and do not necessarily represent the identical decoration which will be put in place (unless otherwise stated).
18. Protection of personal data
Data collection and processing
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Morpheus Events implements the processing of personal data for the purpose of selling and providing services. Data concerning the user of the website (hereinafter referred to as, “the User”) is collected by Morpheus Events.
Morpheus Events only collects the information necessary to process its orders, to monitor the sales of its clients and prospects, to optimise its website, and to communicate with the User concerning products, services and promotional offers.
This data may be transmitted, in compliance with legal rules, to the data controller, to the departments in charge of marketing, to the departments in charge of IT security, to the department in charge of sales, delivery and orders, to any company in the group to which Morpheus Events belongs, to sub-contractors involved in delivery and sales operations and to any authority legally authorised to access the personal data in question.
This data may be transmitted, in compliance with Chapter V of the General Data Protection Regulation (GDPR), to the same persons when they are located outside the European Union.
Cookies
When consulting this website, information relating to the User’s browsing may be recorded in “cookie” files installed on the User’s terminal (computer, tablet, smartphone, etc.).
In order to provide the best possible service to its clients, Morpheus Events issues cookies in order to:
- To compile traffic statistics (number of visits, pages viewed, abandonment of the order process, etc.) in order to monitor and improve the quality of its services.
- To adapt the presentation of the website to the display preferences of the User’s terminal.
- To memorise information entered in forms, and to manage and secure access to reserved and personal areas.
- To provide the User with content related to his/her interests and to personalise the offers that Morpheus Events sends him/her.
- To facilitate the User’s browsing.
Most cookies are intended to enable or facilitate the User’s browsing and are necessary for the operation of the website.
The use of cookies, whether their own or third-party, that are not necessary for the operation of the site requires the express consent of the User.
Users may express their consent or oppose the use of cookies by configuring their connection device appropriately. Users can refer to their browser user guide for further information.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- When the User authorises a third-party website to access his data.
- When Morpheus Events uses the services of service providers to provide User assistance, advertising, and payment services. These service providers have limited access to the User’s data, within the framework of the performance of these services, and have a contractual obligation to use them in compliance with the provisions of the applicable regulations on the protection of personal data.
- If required by law, Morpheus Events may transmit data in order to follow up claims made against it and to comply with administrative and legal procedures.
- If Morpheus Events is involved in a merger, acquisition, disposal of assets or placement under receivership, it may be required to dispose or share all or part of its assets, including personal data. In this case, Users will be informed, before personal data is transferred to a third party.
Morpheus Events agrees to abide by private data in accordance with the NDA signed with its client, and in accordance with European regulations on privacy protection and individual freedom.
Transfer of personal data
The User authorises Morpheus Events to transfer, store and process his information in the countries where it is established. The laws in force in these countries may differ from the laws applicable in the User’s place of residence within the European Union. By using this website, the User consents to the transfer of his personal data to the countries in which Morpheus Events is established.
19. Security and confidentiality
Morpheus Events implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction, and unauthorised access.
However, it should be noted that the Internet is not a completely secure environment and Morpheus Events cannot guarantee the security of the transmission or storage of information on the Internet.
20. Right of access and opposition
Pursuant to Regulation 2016/679 of 27 April 2016, the client has the right to access, rectify, object to and delete the processing of his data, object to profiling, limit the processing, portability, relating to the data concerning him and may withdraw his consent to processing by sending a request as follows:
Either by post: Rua Ferreira Borges N°191 / 1350-265 Lisboa
Or by e-mail at: contact@morpheus-events.pt
21. Evolution of this clause
Morpheus Events reserves the right to modify this clause relating to the protection of personal data at any time.
If a modification is made to this clause relating to the protection of personal data, Morpheus Events undertakes to publish the new version on its site.
Morpheus Events will also inform the Users of the modification by e-mail, at least 15 days before the effective date. If the User does not agree with the terms of the new wording of the personal data protection clause, he has the option of implementing his right of opposition stipulated in clause.
Updated on 21 February 2024 at 00:02 (UTC +1).
