Last updated: July 7, 2022

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://naimascatering.com website (the “Service”) operated by Naimas Catering TFFS (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Mode of Payments: Down Payments and Full Payment

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Naimas Catering TFFS and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Naimas Catering TFFS.

Naimas Catering TFFS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Naimas Catering TFFS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Philippines without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contract Agreement

SECTION 1: Catering Agreement
Naimas Catering by Thikface Food Services with office address at Wyatt’s Crib Bldg. 362A Pinsao Proper, Baguio City
Philippines, herein after referred to as “Caterer” hereby agrees to perform catering services for
___________________, herein referred to as “Client” for the purpose of holding an approved private or public
event. Client hereby accepts this agreement subject to the following terms and conditions.

SECTION 2: Deposit & Payments

SECTION 2:1 Functions Less than 180-Days: Fifty (50%) percent of the estimated total catering fee is required to
reserve the function date and people served at the time of booking.

SECTION 2:2 Functions More than 180-Days: Ten thousand Pesos (PHP 10,000) of the estimated total catering fee is
required to reserve the function date and people served at the time of booking with fifty (50%) percent of the
remaining balance paid 180-days prior to the event date.

SECTION 2.3 Reservation fee/Deposit: A deposit which acts as a reservation fee is required to secure Naimas
Catering for the date of your event. Full payment will be due 14 business days prior to the event. There will be a PHP1,000 late fee added to all balances not paid on time and “Caterer” in its sole discretion, may terminate the contract
for any late payment.

SECTION 2.4 Payment Schedule: Total balance of charges will be owed to “Caterer” thirty (30) days prior to the
event date. A PHP 1,000 late fee will be charged to Client if the balance is not paid in full by the specified balance
due date on the customer invoice. Payment must be made by cash or equivalent thirty (30) days prior to the
function date. If Caterer does not receive payment for the amount owed within due date reflected on the Invoice,
Client will be in default on this contract and the terms stipulated in Section 2.5 “Default by Client” will apply. In any
special circumstances whereby event is accommodated by Caterer two (2) weeks or less prior to event date, full
payment shall be made on or before the specified balance due date on the customer invoice. Invoice issued by Caterer,
which stipulated the package and service ordered by the client shall form part of this contract agreement.

SECTION 2.5 Default by Client: In the event of failure to pay for this contract by Client, Caterer shall provide to Client
written notice of the default, specifying the nature of the breach. If the breach is not settled before the end of five
(5) business days after receipt of such notice or the first day of the License Period, Caterer may terminate this
agreement without liability.

SECTION 3: Event Modifications
SECTION 3.1 Guest Count Adjustments: Number of Guest Changes/Amendments: Client understands that the final
number of guaranteed guests is due 30 days prior to event at time of final payment. If the client fails to confirm a
Guaranteed Number of Guests, then Caterer will provide services for Expected Number of Guests quoted. Client
understands that a decrease in the guaranteed number of guests and/or the actual number of guests may result in
higher “per person” cost (i.e., client guaranteed 150 guests at 800/person. However, client changes the guaranteed
number of guests to 100. The client will now pay 1000/person.)* and client is responsible for all cost associated with
the change. The final number of guaranteed guests is no longer subject to reduction within 14 days prior to event. The final bill will be based on the minimum guaranteed number of guests or the actual attendance whichever is
greater. Client understands that if all Guaranteed Guests do not arrive on day of event, there will be no refund paid
to Client by Caterer and any costs associated with guests not arriving will be the full responsibility of client. In the
event that the total number of guests exceeded the number of guests guaranteed and the Caterer was able to cater
for the excess number, the total event cost will be based on the total actual number of guests catered to at the
agreed price per head.
*These numbers are solely being used for this example and may not apply to your particular contract. Please discuss
your contract and any changes to your contract with your Naimas Catering Representative

SECTION 3.2 Change Event Date: In order to change an event date after execution of this contract, Client must make
such a request in writing to Caterer management, specifying a request for a new date and time. Change of event
date can only be done at least 3 months prior to event date subject to PHP 5,000 surcharge fee. The new available
event date must be selected within 5 days of receipt of notice from Caterer and should be within six months after
the initial date set for the event. Within 3 months prior to event or after execution of the contract for events
booked within 3 months prior to the event date, the final event date is not subject to change. Hence any changes
shall be treated as a cancellation and the agreement on cancellations stipulated in Section 4 shall apply.

SECTION 4: Agreement Terminations & Cancellations

SECTION 4.1 Cancellation by the Client: Cancellation of contract in any given circumstance including force majeure
will require a written cancellation letter, dated and signed. For all cancellation regardless of cause occuring ninety
(90) days prior to event, a 50% refund minus a One thousand pesos (PHP1000.00) administrative fee will be issued. If
cancellation occurs less than ninety (90) days up until two (2) weeks prior to event, a 25% refund minus a Three
thousand pesos (PHP3000.00) administrative fee will be issued. In any special circumstances whereby event is
accommodated by Caterer two (2) weeks or less prior to event date, all monies paid will be NON-REFUNDABLE, and
full payment for any items and additional costs incurred by caterer from the preparation of the event up until the
date of cancellation will be charged to the client. The parties agree that these are liquidated damages and not a
penalty.

SECTION 4.2 Acts of God: The parties to this agreement will be excused from the performance of this agreement in
whole or in part because (a) performance of this agreement by either party is prevented by acts of God (rain, storm,
earthquake), war, government regulation or advisory, disasters, fire, accidents or other casualty; or (b) if, any
portion of the Place of Event/Facilities is destroyed or damaged by fire or other calamity so as to prevent the use of
the Place of Event/Facilities for the purpose specified in this agreement. In the event of termination under this
paragraph, this agreement will be terminated and each party waives any claim against the other for damages
resulting from such termination.

SECTION 5: General Terms and Conditions

SECTION 5.1 Tastings: Food tasting fee will need to be paid at the time tasting is booked to secure food tasting.

SECTION 5.2 Dietary Requirement and Allergies: Caterer will endeavor to provide suitable adaptations to the Clients
menu for any guests with special dietary requirements or allergies. We cannot however take responsibility for any
guests unless advised no less than 14 days prior to the event.

SECTION 5.3 Clients Food and Drinks: We accept no liability for any food supplied to the client by another caterer or
food products supplied by the client themselves in addition to those arranged with the Caterer.
Caterer will happily serve a Client’s arrival drinks, table wines etc. during the event subject to waitress fees or
corkage.
Client has the option of keeping any extra food remaining after the initial cater service is over. The client is
responsible for providing own food storage containers. Caterer is no longer responsible for leftovers after the initial
3-hour service or any consequences due to its later consumption.
Caterer maintains a high level of cleanliness and sanitation in all its operations. Caterer will not be responsible for
any digestive disorders/diseases that will occur after consumption of food catered unless there is a medical or
laboratory diagnostic proof conclusive that the disorder was in fact solely caused by food prepared by Caterer.

SECTION 5.4 Special Circumstances: Overtime fee of Php 150.00 per hour for all catering personnel on duty (i.e.
Waiters, Driver, and Manager-on-Duty etc.) in excess of contracted time as indicated in Invoice and Php 100.00 per
waiter per level if the function area/building has no service elevator. This additional fee shall be settled in full on or
before the day of the event.

SECTION 5.5 Alcohol Consumption: Client understands that Caterer has no liability for any damages to persons or
property that are related to the consumption or possession of alcohol.

SECTION 5.6 Damages: Any damages to the equipment caused by the Client, his/her guests or service agents will
require repair or replacement. The replacement or repair cost will be charged to the Client, payable within five (5)
days of receipt of the invoice for damages.
Caterer will not be held responsible for the theft, loss or damage to any personal effects of the Client or gifts
brought onto premises by the Client guests.
Clients have the right to do inventory of the equipments brought in by Caterer. While in the premises of the cater
venue, client has the right to search through the caterer’s equipment and waiters’ personal items. Clients’ forfeits
this right after the caterer has departed.
All non-food support items brought in by the Caterer such as table napkin, floral arrangements, backdrop décor,
styling materials, plates, glass, utensils, wax, etc remain the property of Caterer. Client does not have the right of
claiming such items.

SECTION 6: Indemnity Clause
With respect to alcohol consumption, client agrees to indemnify, defend and hold harmless “Naimas Catering”
owners, employees, directors, principals, representatives and agents from and against any and all demands, claims,
damages to persons or property and injuries including but not limited to injuries to Client and his/her guests, losses
and liabilities, including any and all reasonable attorney fees, arising out of, in connection with or caused by use of
services as contemplated by this agreement, except those arising out of Naimas Catering gross negligence or willful
misconduct.

SECTION 7: Entire Agreement
This agreement contains all of the terms agreed upon by the parties with respect to the Event and supersedes all
prior agreements, arrangements and communications between the parties concerning the Event, whether oral or
written. Nothing in this Agreement will be deemed to create a partnership or agency relationship between Caterer
and Client to make either party jointly liable for any obligation arising out of the activities and services contemplated
or performed by this Agreement. Only the Client and its Authorized representative will be allowed to discuss the
details of the event with Caterer’s authorized representative.

SECTION 7.1 Cost of Enforcement: Should either party bring an action to enforce terms or declare rights under this
agreement, or should any disputes be submitted to court, the prevailing party will be entitled to recover, in addition
to all other relief to which it is entitled, its reasonable attorney’s fees and all costs and expenses of suit. Should
either party resort to legal action, the parties agree that the jurisdiction, venue and choice of law will exclusively be
in the city of Baguio, Philippines. If Client/s should default in payment of any monetary obligation, “Caterer” will be
entitled to all of “Caterer” cost of collection, including attorney fees and the overall cost of the contract.

SECTION 7.2 Counterparts: Each party to this agreement signs the agreement in counterparts, each of which shall
be an original; with the same effect as if the signature were upon the same instrument and the signature may be a
sent via fax/email which constitutes an original.

SECTION 7.3 Right of Subordination: All parties agree that all stipulations of losses are liquidated damages and not
penalties. Client(s) have read, understand and agree to all terms, conditions, stipulations of cancellation and default
terms set forth in this agreement.

SECTION 7.4 Severability: The parties agree that the terms and conditions contained in this agreement are separate,
severable and divisible. If, any term, provision or condition to this agreement or part thereof, or its application to
any person, place or circumstance is held invalid, unenforceable, or void, the remainder of this agreement shall
remain in full force and effect, and such invalid unenforceable or void term, provision covenant, restriction or
condition shall be modified to make the provision valid and enforced.

Contact Us

If you have any questions about these Terms, please contact us.