KosHjerte, a company dedicated to crafting unforgettable experiences, hereby presents its Customized Surprise Planning Services Terms and Conditions (hereinafter referred to as the "Terms and Conditions") to govern the engagement and execution of surprise planning services between KosHjerte and its clients (hereinafter referred to as the "Client"). The Terms and Conditions encompass the entire process of designing, organizing, and executing a surprise event, from concept development to vendor coordination, logistics management, and the flawless execution of the surprise moment.

Recitals

WHEREAS, KosHjerte possesses expertise in creating extraordinary surprises that leave a lasting impression on individuals;

WHEREAS, the Client seeks to engage KosHjerte's services to orchestrate a memorable surprise for a loved one;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

Section 1: Scope of Services

KosHjerte, upon acceptance of a Client's engagement request, shall undertake the following services:

Concept Development: KosHjerte shall collaborate closely with the Client to devise a creative and personalized surprise concept tailored to the recipient's preferences and the desired impact.

Vendor Coordination: KosHjerte shall secure the services of reputable vendors, including entertainers, caterers, and event planners, ensuring seamless execution of the surprise.

Logistics Management: KosHjerte shall handle all logistical arrangements, including venue booking, transportation arrangements, and safe delivery of surprise elements.

Flawless Execution: KosHjerte shall execute the surprise with meticulous attention to detail, ensuring a truly unforgettable and heartwarming experience for the recipient.

Section 2: Payments

Payment Method: All payments to KosHjerte shall be made through PayPal. Upon confirmation of engagement, KosHjerte shall provide the Client with the necessary PayPal information.

Initial Payment: The Client shall make an initial payment of €299 via PayPal within 48 hours of the initial consultation.

Surprise Proposal Presentation: Within one week of the initial consultation, KosHjerte shall present two customized surprise proposals to the Client, aligned with their preferences and budget.

Client Decision and Contract Signing: The Client shall have the option to receive the detailed proposal or a contract for signature if KosHjerte is to proceed with the planning and preparation of the surprise. If the Client chooses this option, they shall sign the contract and pay approximately 50% of the total cost of the surprise (cost of the services hired + 10% flat rate for our management services).

Surprise Planning and Preparation: Upon signing the contract and the 50% deposit, KosHjerte shall commence with the surprise planning, vendor coordination, and logistics arrangements.

Non-Refundable Final Payment: The remaining 50% of the total cost of the surprise shall be due seven business days before the event and is non-refundable.

Section 3: Cancellation Policy

Cancellation Prior to the Initial Call: If the Client cancels the engagement prior to the initial call, no payment is due.

Cancellation Prior to Signing the Contract: If the Client is not satisfied with the surprise plans provided, can request a full refund prior to the signing of the contract.

Cancellation After Initial Deposit: If the Client cancels after making the initial 50% deposit if non-refundable supplier payments were already made, no refunds will be issued.

Cancellation in the Seven Business Days Prior to the event: If the Client cancels in the seven days prior to the event, no refunds will be issued.

Section 4: Liability

Reasonable Precautions: KosHjerte shall exercise reasonable precautions to minimize potential risks associated with the surprise planning and execution.

Unforeseen Circumstances: In the event of unforeseen circumstances beyond KosHjerte's control, KosHjerte shall not be liable for any damages or losses arising from the surprise. However, KosHjerte shall make every effort to mitigate negative consequences.

Section 5: Intellectual Property

KosHjerte retains ownership of all creative ideas and materials developed exclusively for the surprise. Clients are prohibited from using these materials without KosHjerte's express written consent.

Section 6: Indemnification

The Client agrees to indemnify and hold harmless KosHjerte from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or in connection with the surprise, including but not limited to:

Injuries, damages, or losses to the surprise recipient or third parties.

Failure of the surprise to occur due to reasons beyond KosHjerte's control.

Any breach of the Client's obligations under these Terms and Conditions.

Section 7: Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Portugal. Any disputes arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Portugal.

Section 8: Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements or understandings, whether oral or written.

Section 9: Amendments

KosHjerte may amend these Terms and Conditions at any time by providing the Client with written notice of the amended Terms and Conditions. The amended Terms and Conditions shall become effective upon the earlier of: (a) the Client's acceptance of the amended Terms and Conditions; or (b) thirty (30) days after KosHjerte provides notice of the amended Terms and Conditions to the Client.

Section 10: Waiver

No waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by both parties.

Section 11: Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck from these Terms and Conditions and the remaining provisions shall remain in full force and effect.

Section 12: Acceptance of Terms

Engaging KosHjerte signifies acceptance of these Terms and Conditions.