Introduction
Binge Island recognises that unforeseen circumstances may arise that are beyond our control, affecting our ability to perform or complete a project within the agreed timelines. This Force Majeure Policy outlines how such situations are handled and the rights and responsibilities of both parties involved.
What Constitutes Force Majeure?
A Force Majeure event refers to any event, condition, or circumstance that is beyond the reasonable control of Binge Island, including but not limited to:
- Natural disasters (e.g., earthquakes, floods, hurricanes, fires)
- Wars, acts of terrorism, civil unrest, or political instability
- Epidemics, pandemics, or widespread health emergencies
- Strikes, lockouts, or other labour disputes
- Government regulations or restrictions
- Unforeseeable technological failures or system outages
- Acts of God or any other event beyond reasonable human control
Impact of Force Majeure on Project Timelines
If a Force Majeure event occurs, the affected party (Binge Island) will:
- Notify the client as soon as possible, outlining the nature and extent of the Force Majeure event and how it will affect the project.
- Provide an updated timeline, outlining any delays and revised delivery dates, where possible.
- Make reasonable efforts to mitigate the impact and resume normal operations as soon as possible.
Extension of Deadlines
In the event of Force Majeure, deadlines for deliverables and milestones may be extended without penalty. We will work with the client to provide a new realistic timeline for project completion once the Force Majeure event has passed.Client Responsibilities During Force Majeure Events
- Cooperation: Clients are expected to work collaboratively with Binge Island during periods of Force Majeure, remaining flexible with deadlines and project expectations.
- Communication: Clients should continue to provide necessary feedback, content, or information in a timely manner when possible, despite any delays caused by Force Majeure.
Termination Due to Force Majeure
If a Force Majeure event continues for an extended period (e.g., 60 days or more), both Binge Island and the client may have the option to terminate the agreement without liability. In such cases:
- Any completed work will be delivered, and payment for completed work will be due based on the agreed terms.
- Any deposits or payments for work that has not yet been completed will be subject to the terms in our Cancellation Policy.
Limitations of Liability
Binge Island will not be held liable for any losses, damages, or costs incurred by the client due to delays caused by a Force Majeure event. This includes:
- Financial losses due to delays in project completion.
- Any reputational damage or missed opportunities arising from the delay.
- Additional costs incurred due to the rescheduling of work or project adjustments.
Notification of Force Majeure
Binge Island will make every effort to notify clients of a Force Majeure event in a timely and transparent manner. Notifications will be sent via email or other communication channels as per the terms of the contract.
Policy Updates
Binge Island reserves the right to amend or update this Force Majeure Policy at any time. Any changes will be reflected in our Help Centre, and clients will be notified accordingly.
