TERMS AND CONDITIONS

1. DEFINITIONS
“Service/s” means any services provided by Active Resources Ltd., to the Client.
“Active Resources Ltd.,” means Active Resources Ltd., a recruitment Firm operating in Malta having its registered address at 16, Level 3, Triq L- Erba Qaddisin, – Qormi QRM 3660.
“Client” means the person or any other entity placing an order with Active Resources Ltd.,, or any person or entity includingbut not limited to Hotels, Restaurants and the hospitality industry.
“Intellectual Property Right/s” means the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with the provision of Services by Active Entertainment Malta.
“T & Cs” shall refer to these terms and conditions in their entirety.

Active Resources Ltd., and the Client shall hereinafter be referred to individually as the “Party” and collectively as the “Parties”

2. APPLICATION
2.1 These T & Cs shall apply to any offers and acceptances of orders by Active Resources Ltd., and to any provision of Services by Active Resources Ltd., to the Client.

3. FORMATION OF CONTRACT
3.1. All services provided by Active Resources Ltd., are offered subject to these T & Cs (as detailed below) which form part of the Client’s contract with Active Resources Ltd.,.
3.2. Any order placed shall be deemed acceptance of the T & Cs by the Client.
3.3. These T & Cs shall be binding from the moment Active Resources Ltd., and client sign the contract as agreed with the recruitment manager.
3.4. These T & Cs are subject to change. Client will be notified in writing, 30 days prior changes will be effected.

4. QUOTATIONS
4.1. Pricing, quantities, delivery time and possibility of supplies stated in any quotation are not binding on Active Resources Ltd., they are only commercial estimates which Active Resources Ltd., will make reasonable efforts to achieve.

5. PRICES
5.1. The prices applicable shall always be those as published by Active Resources Ltd., at the moment of supply of the personnel, unless otherwise expressly agreed upon in writing.
5.2. All prices quoted in offers are exclusive of VAT, and exclusive of any other taxes and charges in effect at the date of quotation.

6. SUBCONTRACTING & ASSIGNMENT
6.1. Unless otherwise agreed, Active Resources Ltd., shall be entitled to subcontract all or any part of the Services.
6.2. The Client shall not assign any rights and/or obligations arising from these T & Cs to any other person whether physical or corporate without the prior written consent of Active Resources Ltd.,.

 

7. CLIENT CANCELLATION
7.1. In view of the nature of the Services, any order by the Client, once confirmed by Active Resources Ltd.,, is not cancellable except on the prior written consent of Active Resources Ltd., which may be given at the entire sole discretion of Active Resources Ltd.,/
7.2. In the event of a cancellation, the Client shall duly owe Active Resources Ltd., the following amounts:
a) The price agreed upon for any Services that had already been completed;
b) Any and all costs incurred by Active Resources Ltd., in performance of the order, including but not limited to any claims that may need to be paid and settled for cancelling the work under any subcontracts or purchase orders.
7.3. Without prejudice to any other right or remedy which Active Resources Ltd., might possess, in the event of cancellation by the Client without the prior written consent of Active Resources Ltd., .Active Resources Ltd., shall be entitled to compensation for any and all loss or damage incurred, including any loss of profit, and/or to demand specific performance.

8. RETENTION OF TITLE
8.1. Active Resources Ltd. shall retain title on all personnel assigned to Client.

9. PAYMENTS
9.1 Time sheets provided by Active Resources Ltd.,shall be duly filled by the client for each respective month and of assigned personnel and directed by email to Active Resources Ltd.,not later than the 1st day of the following month.
9.2. All invoices issued by Active Resources Ltd.,shall be paid by the Client within seven (7) days of the date of invoice unless expressly otherwise agreed in writing by Active Resources Ltd.,.In the event of late payment, Active Resources Ltd.,may charge interest on the amount outstanding at the rate of eight (8) percent from the due date until the date of payment.
9.2. If any amount of an invoice is disputed, then the Client shall inform Active Resources Ltd., on the grounds for such dispute within seven (7) days of assignment of personnel but shall pay to Active Resources Ltd., the full value of the invoice including the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum which was found to have been paid to Active Resources Ltd., in error shall be refunded to the Client as agreed.
9.3. Active Resources Ltd., reserves the right to increase a quoted fee, in the event, that the client requests a variation to the Services agreed and/or Products provided.

10. COPYRIGHT
The Client acknowledges that any, and all, of the Intellectual Property Rights shall be and shall remain the sole property of Active Resources Ltd., or such other party as may be identified therein or thereon from time to time. Throughout the duration as well as after the termination of the business relationship between Active Resources Ltd.,and the Client (whether in whole or with respect to support only) the Client shall not in any way question or dispute the ownership in any Intellectual Property Right by Active Resources Ltd.,or such mentioned other party.

11. NOTIFICATION
All written notices to be served on or given to a Party shall be sent or delivered to that Party’s principle place of business and shall be deemed effective upon delivery to the Party to whom addressed by (i) express courier with verification of actual receipt, or (ii) facsimile with confirmation of receipt generated by the sending device, or (iii) by certified mail or email, return receipt requested.

12. CONFIDENTIALITY
Both Parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that Party’s possession and shall not use such information and material without written permission by the other Party. This Clause 12 shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a Party to this clause.

13. NON-SOLICITATION
Subject to the prior written consent of Active Resources Ltd.,for a term of one (1) year after completion of provision of Services, the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of Active Resources Ltd.,

14. LIMITATION OF LIABILITY
14.1. Active Resources Ltd., shall not be liable for any claim arising out of the performance or non-performance of any of its obligations,
14.2. The Client’s liability towards Active Resources Ltd., shall be unlimited.
14.3. Nothing herein shall limit either Party’s liability for death or personal injury arising from proven negligence.
14.4. The Client shall defend, indemnify and hold Active Resources Ltd.,harmless from all claims, actions, demands, suits, losses and causes of action from any third party relating to any supply of personnel by Active Resources Ltd.,to the Client in all cases except for damages caused by the gross negligence and/or willful misconduct of Active Resources Ltd.,.
14.5. In no case shall Active Resources Ltd.,be liable for any damages occurring as a result of inappropriate or inadequate sites, facilities, installations or transport routes provided by the Client.

15. FORCE MAJEURE
15.1. Active Resources Ltd.,will not be liable to the Client for any economic loss or damage, delay or failure of the performance of these T & Cs or in any other way suffered by the Client as a direct result of any cause beyond its control including Act of God, accident, civil unrest, war, riot, lockout, strike, embargo, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, inability to obtain export licenses or the suspension of export licenses or approvals which have been issued, data trespass, inability to secure materials or labor or any other unexpected or exceptional cause or circumstance.
15.2. Where the Force Majeure is of a permanent nature or is temporary but persists for a period lasting longer than ninety (90) days, Active Resources Ltd. shall have the right to cancel any order acceptance or terminate any agreement between the parties for the performance of these T & Cs.

16. SEVERABILITY
Each clause of these T & Cs shall be and remain separate from and independent of and severable from all and any other clauses herein except where otherwise indicated by the context of these T & Cs. The decision or declaration that one or more of the clauses are null and void shall have no effect on the remaining clauses of these T & Cs.

17. GOVERNING LAW
17.1. These T & Cs and all orders concluded between Active Resources Ltd., and the Client shall be subject to and construed in accordance with the laws of Malta.
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CONTACT US

Active Resources Ltd
Our Company accompanies you in every phase of your event.

We are your one stop shop for all of your entertainment manpower & marketing needs!

Opening Hours
Monday to Friday
09:00am – 04:00pm

Contact Info
Active Resources Ltd, 16, Level 3, Triq L-Erba Qaddisin QORMI, QRM 3662