Website Hosting & Support

Overview
Digital Salon: Digex Limited incorporated and registered in Ireland with company number 528714 whose office is at Unit 3, Beacon Cubes 3, Beacon South Quarter, Sandyford, Dublin 18, Co. Dublin.

The Client: The Salon or Business whose website is being managed by Digital Salon.

Commencement Date and Duration
The commencement date for this Agreement is set upon signature. This Agreement is valid until either 30 days written notice is served by either party, or a breach of the agreed terms has occurred.

Term:
Monthly Recurring Agreement. 1 month’s notice required

Services Provided:

Hosting:

As part of this Agreement, full hosting is provided by the Digital Salon for the website platform and associated media. This includes weekly backup of the content entered into the website. The infrastructure provided is a service oriented architecture built on the cloud platform Linode. We also utilise Amazon AWS S3 for backup storage and CloudFlare for DNS and CDN services. The cloud provider may be changed at the discretion of Digital Salon.

In the event of the system requiring additional capacity an upgrade of the infrastructure will be required. The ongoing costs for the upgraded hosting will be reviewed with the Client based on the increased capacity/complexity of the system.

Hosting also includes :

  • Upgrade, patching, configuration, and optimization of pre-installed software.
  • Installation of additional modules for pre-installed software (e.g. PHP modules).
  • Installation of additional software components to ensure we can maintain a stable service for the client.

A number of infrastructure redundancy options are available for the Client and are outlined below. They will allow for a minimum interruption or seamless continuation of service in the event of hardware or data centre failure. Depending on the complexity of the system, the option to have multiple load balanced servers securely replicated across multiple data centres is available.

In situations where hosting is maintained under a client’s account by preference, Digital Salon will require administrator or collaborator access to manage technical support and maintenance. Please note that in such cases, hosting costs will remain the client’s responsibility if they choose to retain their existing hosting service instead of Digital Salon’s. If you choose to retain your hosting, there will be no changes to Digital Salons fees.

Backups

Automated weekly server backups are performed on all servers for all Websites currently hosted at our GoDaddy Dedicated Server, as well as specific backups of the Database and Website files, which are taken prior to Themes, plugins and other website maintenance/support activity.

Backups older than three months are archived at our discretion and may not be available for restoration. For specific backup retention needs or extended archival requirements, please contact us to discuss customised options.

Technical Support

A support service is provided to the Client to report issues and any malfunctioning of the server infrastructure along with any application issues. Your monthly fee provides you with up to 2 hours of support and change requests per month, this time includes time spent patching servers and fixing server or application issues. Extra support hours and days per month are available to clients who require more than this allocated time. Please see below.
Details on the type of support provided and response times are provided in the section below.

Support, Issues and Resolution

Reporting of Issues
Digital Salon will offer support to the Client via [email protected]. Should an unscheduled outage or system issue be reported, Digital Salon shall respond acknowledging the issue within the relevant response time. Support tickets will be responded to as per the response times section below. The times listed below are upper bounds – Digital Salon will at all times endeavour to respond as quickly as possible.

Should the issue be discovered by Digital Salon rather than the Client, Digital Salon shall alert the Client to the issue to a predefined email address provided by the Client. Digital Salon shall then address the issue, communicating with the Client as per the Response Times section below.
Examples of what is included in your monthly fee:

Website Backend maintenance:

  • Core updates (WordPress version, php version, security packages)
  • Theme updates
  • Plugin updates
  • Weekly back-end updates (website level and server level)
 

Technical Support:

  • Liaising with software third parties (e.g Payment Gateways, External Plugins, like Revolution Slider)
  • Add/configure plugins that add an extra functionality to the Website (upon analysis*)
  • Any external API integration that is natively supported (e.g integrate mailchimp, etc)
  • Any external API integration that is NOT natively supported (upon analysis*)
  • Pages with extra functionality (radio, videos)
  • Any time spent in Supporting and Maintaining software due to a lack of functionality from existing plugins on the Website
 

Fees for Additional Technical support and maintenance Days:

As mentioned above, a total of 2 hours of technical support and/or change requests per month is included in your agreement. Additional hours are charged as per the table below. We will document the hours spent over and above what is included in your agreement on this account and can advise if and when you would be required to purchase an additional hours or day. Days or remaining hours cannot be carried over at the end of each month.

Rates Cost (ex-VAT)
2 hours per month Included in your Monthly fee
Additional hours €55 per hour
½ day €200 per half day
Full day €320 per day
RatesCost (ex-VAT)
2 hours per monthIncluded in your Monthly fee
Additional hours€55 per hour
½ day€200 per half day
Full day€320 per day

Content Change Requests

Change requests are to be sent to [email protected] and can include the below items. Your package has up to 2 hours of content changes and technical support included.
Examples of what is included in your monthly fee:

Content Support (reference):

  • Change services/treatment prices
  • Add a blog post
  • Change text (with minor layout change, e.g switch text and image placements)
  • Change images (with minor layout changes, e.g switch text and image placements)
  • Add forms (e.g consultation forms/contact forms/subscription forms)
  • Personalisation (e.g pop-ups)
  • Extra Pages
 

Shop Related:

  • Add products
  • Create coupon codes
  • Change prices
  • Other product edits
  • Edit Shipping costs
 

Layout changes:

  • add extra sections in one page
  • add more than one row in one page
  • add an extra slider(s)
  • change sections placements
 

Fees for Additional Content/Change Request Days:

As per above, 2 hours of change requests and technical support is included in your agreement. Additional hours are billed as per the table below. We will document the hours spent on this account and can advise if and when you would be required to purchase an additional day. Additional hours and days can be purchased as per the rates above. Days or remaining hours cannot be carried over at the end of each month.

Client Admin Access & Support Limitations

If the Client is granted administrative access to the website’s content management system (including, but not limited to, WordPress) and chooses to make changes, edits, installs, updates, or modifications, Digital Salon’s included monthly support hours do not automatically apply to any issues arising from those Client-made changes. Digital Salon reserves full discretion to determine whether additional work required to fix errors, conflicts, or disruptions caused by Client activity falls outside the scope of the included support. In such cases, we may charge additional fees at its standard rates.

Resolution Times

Digital Salon will always endeavour to resolve issues as swiftly as possible as it recognises that the Client’s website is key to its business. It will also provide frequent progress reports to the Client should the likely resolution not be clear upon the first communication as per the Response Times section above.

Response Times

Support

As mentioned previously, we will always make sure that any possible issues linked with an existing Website developed and managed by Digital Salon get resolved in 72h – 96h (3 to 4 days) from the moment the support request was created*. We reserve the right to have this resolution time changed in cases of unforeseen issues and in occasions where a third party is involved, such as external plugins or services, where we may require collaboration to resolve. We appreciate your understanding.

*Weekends and holidays are exception

Development, Releases and Testing

Releases
When a significant release of new functionality is planned, Digital Salon shall notify the Client 24 hours ahead of the anticipated roll-out, making available a summary of intended changes to the system. This shall also include notice of any known impacts or risks to the live system. Once deployed, within 4 hours Digital Salon shall confirm to the Client that the release is considered live and complete. Should any issues arise upon release that require the code to be reverted, Digital Salon shall notify the Client.
As Digital Salon follows an agile development process, “Minor releases” are performed regularly. These are typically small changes to layout/labelling of the site or releases deployed in response to issues recognised on the live system. In the case of the former, notification of up to 2 hours may be given via email or phone, depending on the origin of the request. In the case of issues impacting the live system, the response issued per the Response Times section is considered to be a notification that a change is intended to be deployed as soon as possible.

Development Procedures
Development changes and updates shall be defined, documented, understood & agreed prior to development. Development changes and updates shall be signed off by both parties.

Testing
Digital Salon shall test all functionality internally prior to releasing it to live. Where necessary, Client sign-off on the test phase may be sought via the staging environment before proceeding to the release stage. The Client shall be notified of any known impacts or risks within the release notification.

Payment
Payment of the ongoing monthly fee is invoiced in advance and it is due upon receipt of the invoice at the beginning of each calendar month. If you have gone about the allocated hours included in your support agreement, or have used up any additional hours or days you have purchased, we will let you know in advance of working on any support, content changes or projects.

New Features/Projects
New features and projects are charged on a per man/day basis. These fees are different to the support and content change fees and are set out in the table below.
Examples of new features or projects would include but are not limited to:

  • Building new landing pages
  • Adding new features or functionality

Bespoke Development
All development work must be scoped, estimated and agreed with the client before it starts.

Fees and Bundles
Our daily rate for all bespoke work is €650 per man day (ex VAT). A “man day” is one person’s working time for an 8 hour day, Monday to Friday.
We offer the ability to purchase daily bundles in advance at a preferential rate. These days can be applied to any future work that is required to be carried out.
Rates Cost (ex-VAT)

Rates Cost (ex-VAT)
1 Day €650
3 Days €1,800
10 Days €5,000
20 Days €11,000

For any new features or bespoke development of the websites, we will meet with you to understand the project. From this we will ‘spec’ out the project and give you a quote, the time it will take to complete and a start date. Invoicing for this work will be based on the above rates.

Reporting
In the event of a support issue arising which requires additional billable time above the included support time, where practicable Digital Salon shall notify the Client in advance and agree an estimate. In the event of a critical issue arising, Digital Salon may be required to take immediate action to address the situation (example cases include critical security patches or P1 incidents after the allocated man days have elapsed). In these cases, Digital Salon shall notify the Client that this work is being performed as soon as is possible.

Dispute Process

  • If the two parties cannot agree on an aspect of this contract or the provision of the support service, either party may notify the other party that it considers the matter a dispute.
  • The parties shall have three working days to resolve the dispute, unless both parties mutually agree to extend the dispute resolution time.
  • During the dispute resolution period, both parties agree to work in good faith to seek a fair resolution
  • After three working days an agreed independent person can be appointed to mediate.

Any costs of the agreed independent person shall be shared equally by the two parties, unless the independent person determines that one party behaved maliciously or not in good faith.

Termination
Either party can terminate this agreement with a termination notice in writing within 30 days’ notice of the intended Termination Date. If the website is to be migrated to another provider, Digital Salon shall work in good faith to facilitate the migration at agreed rates.
In the event of a contract breach on the part of Digital Salon, the monthly flat rate fee for the month in question shall be waived. In the event of a breach on the part of the Client, full payment for billable work to date shall be made.

Confidentiality
Digital Salon will not, save as authorised in writing by the Client, disclose, publish or otherwise reveal to any person, persons or companies any of the information, software (including object code and source code), results, trade secrets, secret or confidential operations, processes, information or dealings of any kind arising from the performance of Services hereunder or relating to the Client or its business, finances, transactions or affairs which may come to its knowledge during the term of this Agreement (“Confidential Information”).
Digital Salon will keep with complete secrecy for disclosure only to the Client all Confidential Information entrusted to or howsoever obtained by it and will not use or attempt to use any such information in any manner which may injure or cause loss either directly or indirectly to the client. This restriction will continue to apply after the termination of this Agreement without limit in point of time but shall cease to apply to information or knowledge which may reasonably be said to have come within the public domain without a breach of confidentiality.

Designated Contact
It is requested that there is one designated point of contact within The Client’s business for all website issues. This person will be responsible for submitting content or technical support tickets and will be our point of contact for progress updates.

Summary: Contracted Services Per month: (ex VAT)

  1. Support hours & Change Request Hours: Up to 2 hours Included
  2. Development Days: Quoted On Request

Total Monthly Cost (ex-VAT): €65 + VAT
Total Monthly fee: €79.95

Web Development Work: Terms & Conditions

Overview
Digital Salon: Digex Limited incorporated and registered in Ireland with company number 528714 whose office is at Unit 3, Beacon Cubes 3, Beacon South Quarter, Sandyford, Dublin 18, Co. Dublin.
The Client: The Salon or Business whose website is being developed by Digital Salon.
The following terms and conditions apply to all web development / internet services offered by Digital Salon. By ordering services from Digital Salon, you are agreeing to the following terms and conditions.

GENERAL
Digital Salon will carry out work only where an agreement is provided either by email, telephone or mail. Digital Salon will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Digital Salon and the client, this includes telephone, text and email agreements.

Typical Timeline:
Typical timeline depends on content & sign off on core design.

Week 1 – 2: Kick off call, Design Brief & Design Concepts & Mock up for your sign approval and sign off
Week 2 – 3: Content sent to Digital Salon
Week 4 – 6: Development of Project
Week 7 : Go Live

Timeline can be shorter depending on how quickly designs are signed off and how quickly we receive the content required.
Website Packages. The Client understands that any request for features outside of what the agreed package includes will be billed at the per hour or day rate as per the table below

Fee breakdown:

RatesCost (ex-VAT)
1 Day€650
3 Days€1,800
10 Days€5,000
20 Days€11,000

WEBSITE DESIGN, DEVELOPMENT AND HOSTING

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Digital Salon cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it. The website, graphics, and any programming code remain the property of Digital Salon until all outstanding accounts are paid in full and cleared in our company bank account. Domain names registered by Digital Salon on behalf of the client will be transferred to the client upon full payment of all outstanding accounts.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Digital Salon remain the copyright of Digital Salon and may only be commercially reproduced or resold with the permission of Digital Salon. Digital Salon cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of Digital Salon and where no charge is made by Digital Salon for such additions, Digital Salon accepts no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Digital Salon all materials required completing the site to the agreed standard and within the set deadline. Information or content required for the website will be provided in a timely manner. The client understands that failure to do so could mean the company will move onto work on other client’s websites, and could cause considerable delays to the project, which will still be billed as per the clause below.
The Client understands that the website build will not start until Digital Salon have confirmation of the design agreed and all content required to build the website. The client understands that if they change their mind after the website has been built and want another design, this will be billed as a new project.

  • Digital Salon will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  • Digital Salon will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner
  • Digital Salon will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the client’s appointed agents.
  • Digital Salon will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Payment Terms:

  • A part payment of 50% is required with any project before any design work will be carried out. This figure may be higher for new businesses. The remaining balance is due as follows:
  • 20% 2 weeks after agreement,
  • 20% 4 weeks after agreement,
  • 10% upon Go Live or 7 weeks after the Agreement Signed date, whichever is sooner.

Payments are taken automatically from the client’s bank account using our Direct Debit provider.
There are no exceptions to this, i.e If the client decides they no longer require the site, as they have commissioned the work and paid a part-payment they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Digital Salon’s name must be included in the footer of the Website at all times whether it’s hosted on our server or the client’s server.

HOSTING, DATABASE, APPLICATION AND ECOMMERCE DEVELOPMENT

Digital Salon cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
All codes developed will be the sole ownership of client, where they are not open source and created specifically for the client.

The client is expected to test fully any application or programming relating to a site developed by Digital Salon before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Digital Salon will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility
Digital Salon will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software. Digital Salon can offer no guarantees of correct function with all browser software.

Website Hosting
Digital Salon offers website hosting. Please see terms and conditions in the Website Management Agreement.

Website Support & Management
Digital Salon offers website hosting. Please see terms and conditions in the Website Management Agreement.

PAYMENT OF ACCOUNTS

A part payment is required from any new client before any work is carried out. It is Digital Salons policy that any outstanding accounts for work carried out by Digital Salon or its affiliates are required to be paid in full when the website is completed and launched, If payment is not received by go live date, the site will be taken down. 30 days from this date the website will be deleted without further notice from our servers unless by prior arrangement with Digital Salon. Other additional fees such as stock photo costs, plug in fees or SSL certs, must also be paid before the website goes live. Any annual or monthly direct debits with 3rd party providers will be set up using the client’s card, with prior agreement first.

Once a part payment is paid and work completed you are obliged to pay the balance of payment in above notes. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Digital Salon have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgements (ccj’s) being added to the clients credit rating.

Following consistent non-payment of an invoice our Solicitors will contact the client in question with a view to taking the matter further and, if need be, to seek payment through legal procedures including, if necessary, court summons.

INDEMNIFICATION – All products and service

Client agrees to use all Digital Salons’ services and facilities at their own risk and agree to defend, indemnify, save and hold Digital Salon harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Digital Salon or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

Client also agrees to defend, indemnify and hold harmless Digital Salon against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation. Digital Salon cannot be held accountable for any future changes to services provided by third parties

LIMITATION OF LIABILITY – All products and services

1.1 Nothing in this Agreement:
1.1.1 shall limit or exclude the Client or Digital Salons’ liability for:
(a) death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) any other liability which cannot be limited or excluded by applicable law;
1.2 Subject to clause 1.1:

  • 1.2.1 neither party to this Agreement shall have any liability to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with this Agreement;
  • 1.2.2 Digital Salons’ total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to 50% of the total Charges paid by Client under this Agreement;
  • 1.2.3 the Customer’s total liability to the Supplier, whether in contract, tort (including negligence), breach of
    statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to 80% of the total Charges paid by the client under this Agreement.

NONDISCLOSURE
Digital Salon and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Digital Salon to another party.

PRIVACY POLICY
Digital Salon and any third party associates shall use information provided by the client in relation to this agreement in accordance with the EU General Data Protection Regulation (EU) 2018/1725 (“GDPR”) and national laws implementing GDPR and any legislation that replaces it in whole or in part and any other legislation relating to the protection of personal data. All your personal data shall be processed lawfully, fairly and in a transparent manner for the following purposes: 1) to identify the client in communications with them and 2) to contact the client from time to time to offer products or services which may be of interest to, or benefit the client. ‘Personal Data’ means any information relating to an identifiable natural person (‘data subject;)

Managed Digital Marketing Agreement: Terms & Conditions

This Agreement for marketing services is between Digital Salon “Digital Salon”), and you, the client, (“Client”), and covers the performance of Digital Marketing, Social Media Management and or SEO services. The parties therefore agree as follows:

Basic Terms and Conditions 1. DEFINITIONS
As used herein and throughout this Agreement:
1.1 Agreement means the entire content of this Basic Terms and Conditions document, the Proposal document, Schedule A, together with any exhibits, schedules or attachments hereto.
1.2 Partner Content means all materials, information, photography, writings and other creative content provided by client for use in the preparation of and/or incorporation in the Deliverables.
1.3 Copyrights means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Irish & UK Copyright Law.
1.4 Deliverables means the services and work product specified in the Proposal to be delivered by Digital Salon to Client, in the form and media specified in the Proposal.
1.5 Digital Salon Tools means all design tools developed and/or utilized by Digital Salon in performing the Services, including without limitation pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements.
1.6 Final Work means all creative content developed or created by Digital Salon, or commissioned by Digital Salon, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Partner Content, and Service Provider’s selection, arrangement and coordination of such elements together with Partner Content and/or Third Party Materials.
1.7 Final Deliverables means the final versions of Deliverables provided by Digital Salon and accepted by Partner.
1.8 Preliminary Works means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Digital Salon and which may or may not be shown and or delivered to Client for consideration but do not form part of the Final Art.
1.9 Project means the scope and purpose of the Partner’s identified usage of the work product as described in the Proposal.
1.10 Services means all services and the work product to be provided to Client by Digital Salon as described and otherwise further defined in the Proposal.
1.11 Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
1.12 Trademarks means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of Client.

2 PROPOSAL
The terms of the Proposal shall be effective for 30 days after presentation to Client. In the event this Agreement is not executed by Client within the time identified, the Proposal, together with any related terms and conditions and deliverables, may be subject to amendment, change or substitution.

3 FEES AND CHARGES
3.1 Fees. In consideration of the Services to be performed by Digital Salon, Client shall pay to Digital Salon fees in the amounts and according to the payment schedule set forth in the Proposal.

3.2 Additional Costs. The Project pricing includes Digital Salon’s fee only. Any and all outside costs including, but not limited to, equipment rental, photographer’s costs and fees, stock photography and/or artwork licenses, prototype production costs, talent fees, music licenses, fonts, and online access or hosting fees, will be billed to Partner unless specifically otherwise provided for in the Proposal.
3.3 Future Projects. Future Projects will be quoted separately from this agreement.
3.4 Payment Schedule and Payment Method. For the services rendered by Digital Salon as required for this agreement, the Client will provide compensation, due upon monthly renewal date in the manner stipulated by :

  1. A set up fee is due upon the signing of the agreement as set out in the agreement
  2. A monthly fee is due upon the first ads going live and then monthly on this date for the term of this agreement

Payment Method: Payment shall be made through the payment link made available by the Third Party (GoCardless) platform.
Term:
The minimum term of this agreement is 6 months and will be renewed monthly for a period of 1 month thereafter. ie A rolling monthly agreement.

4 CHANGES
4.1 Timing. Digital Salon will prioritize performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or by approving via email (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Digital Salon. The Digital Salon shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Digital Salon’s ability to meet any and all schedules is based, in part upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Digital Salon’s obligations under this Agreement.
4.2 Testing and Acceptance. Digital Salon will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. Client, within 5 business days of receipt of each Deliverable, shall notify Digital Salon, in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Digital Salon will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client, the Deliverable shall be deemed accepted.

5. PARTNER RESPONSIBILITIES
Partner acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:
(a) coordination of any decision-making with parties other than Digital Salon;
(b) provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; and
(c) final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.
(d) at their discretion, the registration of any and all Copyrights and Trademarks in connection with the Final Work.

6. ACCREDITATION/PROMOTIONS

Digital Salon retains the right to reproduce, publish and display the Deliverables in Digital Salon’s portfolios and websites and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.

7. CONFIDENTIAL INFORMATION
Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority.

Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.

8. RELATIONSHIP OF THE PARTIES

8.2 Digital Salon Agents. Digital Salon shall be permitted to engage and/or use other third party Agencies or other Digital Agents as independent contractors in connection with the Services (“Design Agents”). Notwithstanding, Digital Salon shall remain fully responsible for such Design Agents’ compliance with the various terms and conditions of this Agreement.
8.3 No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Partner is free to engage others to perform services of the same or similar nature to those provided by Digital Salon, and Digital Salon shall be entitled to offer and provide design services to others, solicit other Clients and otherwise advertise the services offered by Digital Salon.

9. WARRANTIES AND REPRESENTATIONS
9.1 By Client.
Client represents, warrants and covenants to Agency that
(a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content,
(b) to the best of Client’s knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties,
(c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and
(d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables.
9.2 By Digital Salon
(a) Digital Salon hereby represents, warrants and covenants to Client that Digital Salon will provide the Services identified in the Agreement in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services.
(b) Digital Salon further represents, warrants and covenants to Partner that (i) except for Third Party Materials and Client Content, the Final Deliverables shall be the original work of Digital Salon and/or its independent contractors, (ii) in the event that the Final Deliverables include the work of independent contractors commissioned for the Project by Digital Salon, Digital Salon shall have secure agreements from such contractors granting all necessary rights, title, and interest in and to the Final Deliverables sufficient for Digital Salon to grant the intellectual property rights provided in this Agreement, and (iii) to the best of Digital Salon’s knowledge, the Final Deliverables provided by Digital Salon and Digital Salon’s subcontractors does not infringe the rights of any party, and use of same in connection with the Project will not violate the rights of any third parties. In the event Client or third parties modify or otherwise use the Deliverables outside of the scope or for any purpose not identified in the Proposal or this Agreement or contrary to the terms and conditions noted herein, all representations and warranties of Digital Salon shall be void.
(c) Except for the express representations and warranties stated in this agreement, Digital Salon makes no warranties whatsoever. Digital Salon explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project.

10. INDEMNIFICATION/LIABILITY
10.1 Indemnification. Client agrees to indemnify, save, and hold harmless Digital Salon specifically from any claims arising from the inability to reach desired fundraising expectations. Digital Salon is not responsible for the success of any current or any future fundraising rounds Client may have. In addition, Client agrees to indemnify, save, and hold harmless Digital Salon from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Digital Salon agrees to indemnify, save, and hold harmless Client from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Digital Salon’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances Digital Salon shall promptly notify Client in writing of any claim or suit;
(a) Client has sole control of the defence and all related settlement negotiations; and
(b) Digital Salon provides Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section. Client will reimburse the reasonable out-of-pocket expenses incurred by Digital Salon in providing such assistance.
10.2 Limitation of Liability. The services and the work product of Agency are sold “as is.” In all circumstances, the maximum liability of Digital Salon, its directors, officers, employees, design agents and affiliates (“Agency Parties”), to Client for damages for any and all causes whatsoever excepting Indemnification claims, and Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to €5,000.00. In no event shall Digital Salon be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Digital Salon, even if Digital Salon has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

11. TERM AND TERMINATION
11.1 This Agreement shall commence upon the Effective Date and shall remain effective until the Services are completed and delivered. A recommended minimum term of 6 months applies after which the term is rolling monthly.
11.2 This Agreement may be terminated at any time by either party effective with 1 month’s notice or the mutual agreement of the parties, or if any party:
(a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
(b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within 10 days from receipt of written notice of such breach.
11.3 In the event of termination, Digital Salon shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by Digital Salon or Digital Salon’s agents as of the date of termination, whichever is greater; and Client shall pay all reasonable and documented expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation. Digital Salon shall not provide refunds for prepaid fees.
11.4 In the event of termination by Client and upon full payment of compensation as provided herein, Digital Salon grants to Client such right and title as provided for in Schedule A of this Agreement with respect to those Deliverables provided to and accepted by Client as of the date of termination.
11.5 Upon expiration or termination of this Agreement: (a) each party shall return or, at the disclosing party’s request, destroy the Confidential Information of the other party, and (b) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the Services, shall survive.

12. GENERAL
12.1 Modification/Waiver. This Agreement may be modified by the parties. Any modification of this Agreement must be in writing, except that Digital Salon’s invoices may include, and Client shall pay, expenses or costs that Client authorizes by electronic mail in cases of extreme time sensitivity. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
12.2 Notices. All notices to be given hereunder shall be transmitted in writing either by facsimile or electronic mail with return confirmation of receipt or by certified or registered mail, return receipt requested, and shall be sent to the addresses identified below, unless notification of change of address is given in writing. Notice shall be effective upon receipt or in the case of fax or email, upon confirmation of receipt.
12.3 No Assignment. Neither party may assign, whether in writing or orally, or encumber its rights or obligations under this Agreement or permit the same to be transferred, assigned or encumbered by operation of law or otherwise, without the prior written consent of the other party.
12.4 Force Majeure. Digital Salon shall not be deemed in breach of this Agreement if Digital Salon is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of Digital Salon or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Digital Salon’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Digital Salon shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
12.5 Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of New York without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of New York. The parties hereby waive any jurisdictional or venue defences available to them and further consent to service of process by mail. Client acknowledges that Digital Salon will have no adequate remedy at law in the event Client uses the deliverables in any way not permitted hereunder, and hereby agrees that Digital Salon shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.
12.6 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
12.7 Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
12.8 Integration. This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties relating to the subject matter of this Agreement. In the event of a conflict between the Proposal and any other Agreement documents, the terms of the Proposal shall control. This Agreement comprises this Basic Terms and Conditions document, the Proposal, Schedule A and Schedule B below.
By their execution, the parties hereto have agreed to all of the terms and conditions of this Agreement effective as of the last date of signature, and each signatory represents that it has the full authority to enter into this Agreement and to bind her/his respective party to all of the terms and conditions herein.

Schedule A: Intellectual Property Provisions
1. RIGHTS IN THE FINAL DELIVERABLES

1.1 Final Works. Upon completion of the Services, and expressly conditioned upon full payment of all fees and costs due, Digital Salon hereby grants to Client the exclusive, perpetual and worldwide right and license to use, reproduce and display the Final Works.
Digital Salon shall cooperate with Client and shall execute any additional documents reasonably requested by Client to evidence such assignment, and Client shall reimburse Digital Salon for Digital Salon’s reasonable time and out-of-pocket expenses in connection therewith.

2. RIGHTS TO DELIVERABLES OTHER THAN FINAL DELIVERABLES

2.1 Client Content. Client Content, including all pre-existing Trademarks, shall remain the sole property of Client or its respective suppliers, and Client or its suppliers shall be the sole owner of all rights in connection therewith. Client hereby grants to Digital Salon a nonexclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with Digital Salon’s performance of the Services and limited promotional uses of the Deliverables as authorized in this Agreement.
2.2 Third Party Materials. All Third Party Materials are the exclusive property of their respective owners. Digital Salon shall inform Client of all Third Party Materials that may be required to perform the Services or otherwise integrated into the Final Deliverables. Under such circumstances Digital Salon shall inform Client of any need to license, at Client’s expense, and unless otherwise provided for by Client, Client shall obtain the license(s) necessary to permit Client’s use of the Third Party Materials consistent with the usage rights granted herein. In the event Client fails to properly secure or otherwise arrange for any necessary licenses or instructs the use of Third Party Materials, Client hereby indemnifies, saves and holds harmless Digital Salon from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of Client’s failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials included in the Final Deliverables.
2.3 Preliminary Works. As between the parties, Digital Salon or its Third Party retains all proprietary rights, including property ownership, intellectual property rights and Copyrights, in and to all Preliminary Works and Working Files, and Partner shall return to Digital Salon all Preliminary Works and Working Files in Partner’s possession within thirty (30) days of completion of the Services.
2.4 Original Artwork. Digital Salon retains all right and title in and to any original artwork, including all rights to display or sell such artwork. Client shall return all original artwork to Digital Salon within 30 days of completion of the Services.
2.5 Trademarks. Upon completion of the Services and expressly conditioned upon full payment of all fees, costs and out-of- pocket expenses due, Digital Salon assigns to Client all ownership rights, including any copyrights, in and to any artworks or designs comprising the works created by Digital Salon for use by Client as a Trademark. Digital Salon shall cooperate with Client and shall execute any additional documents reasonably requested by Client to evidence such assignment. Client shall have sole responsibility for ensuring that any proposed trademarks or Final Deliverables intended to be a Trademark are available for use in commerce and federal registration and do not otherwise infringe the rights of any third party. Client hereby indemnifies, saves and holds harmless Digital Salon from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by any third party alleging any infringement arising out of Client’s use and/or failure to obtain rights to use or use of the Trademark.
2.6 Digital Salon Tools. Digital Salon Tools and all intellectual property rights therein, including Copyrights, shall be owned solely by Digital Salon. Digital Salon hereby grants to Client a nonexclusive, nontransferable (other than the right to sublicense such uses to Client’s web hosting or internet Digital Salons), perpetual, worldwide license to use the Digital Salon’s Tools solely to the extent necessary with the Final Deliverables for the Project. Client may not directly or indirectly, in any form or manner, decompile, reverse engineer, create derivative works or otherwise disassemble or modify any Digital Salon Tools comprising any software or technology of the Digital Salon.

3. ADDITIONAL WARRANTIES AND REPRESENTATIONS
3.1 Deficiencies. Subject to the representations and warranties of Client in connection with Client Content, Digital Salon represents and warrants that the Final Deliverables will be free from Deficiencies. For the purposes of this Agreement, “Deficiency” shall mean a failure to comply with the specifications set forth in the Proposal in any material respect, but shall not include any problems caused by Client Content, modifications, alterations or changes made to Final Deliverables by Client or any third party after delivery by Digital Salon, or the interaction of Final Deliverables with third party applications such as Web browsers other than those specified in the Proposal. The parties acknowledge that Client’s sole remedy and Service
Provider’s sole liability for a breach of this Section is the obligation of Digital Salon to correct any Deficiency identified within 30 days of receipt of Final Deliverables. In the event that a Deficiency is caused by Third Party Materials provided or specified by Digital Salon, Digital Salon’s sole obligation shall be to substitute alternative Third Party Materials.
3.2 Digital Salon Tools. Subject to the representations and warranties of the Client in connection with the materials supplied by Client, Digital Salon represents and warrants that, to the best of Digital Salon’s knowledge, the Digital Salon Tools do not knowingly infringe the rights of any third party, and use of same in connection with the Project will not knowingly violate the rights of any third parties except to the extent that such violations are caused by Client Content, or the modification of, or use of the Deliverables in combination with materials or equipment outside the scope of the applicable specifications, by Client or third parties.

4. COMPLIANCE WITH LAWS
Digital Salon shall use commercially reasonable efforts to ensure that all Final Deliverables shall be designed to comply with the known relevant rules and regulations. Client, upon acceptance of the Deliverables, shall be responsible for conformance with all laws relating to the transfer of software and technology.

Salon IQ Software: Terms and Conditions

Overview

Digital Salon: Digex Limited incorporated and registered in Ireland with company number 528714 whose office is at Unit 3, Beacon Cubes 3, Beacon South Quarter, Sandyford, Dublin 18, Co. Dublin.
Customer: The Salon or Business who has purchased Salon IQ Software from Digital Salon.

1.Subscription Services
Digital Salon will make available to Customer (on a non-exclusive basis) the Subscription Services indicated in the Order Form (the “Services”). Customer agrees that its purchase of a subscription to the Subscription Services is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by Digital Salon regarding future functionality or features.

  • Terms and Conditions of Business – SalonIQ Software Product
    1 Definitions and Interpretation
    1.1 In these Conditions the following words have the following meanings:
Applicable Laws

any and all:

(a)legislation (including statutes, statutory instruments, regulations, edicts, bye-laws, orders, directives or treaties) and common law;

(b) judgments, resolutions, decisions, orders, notices and demands of any court, regulator or tribunal; and
(c) rules, policies, guidance or recommendations issued by any governmental, statutory or regulatory body,
in each case whether local, national, international or otherwise existing from time to time in any relevant jurisdiction which relates to a party, the Contract and/or the Services;

Business Day a day other than a Saturday, Sunday or public holiday in England;
Business Hours 9.00am to 5.30pm Monday to Friday;
Conditions the terms and conditions set out in this document;
Confidential Information information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, clients, customers, products, affairs and finances of SalonIQ for the time being confidential to SalonIQ and trade secrets including, without limitation, technical data and know-how relating to the business of SalonIQ or any of its suppliers, clients, customers, agents, distributors, shareholders or management, whether or not such information (if in anything other than oral form) is marked confidential;
Contract the contract between Digital Salon and the Customer for the sale and purchase of the SalonIQ Software Services in accordance with these Conditions;
Customer the person or firm who purchases the Services from SalonIQ;
Customer Data the data inputted by the Customer or SalonIQ or any other third party on the Customer’s behalf for the purpose of using the Services or facilitating the Customer’s use of the Services;
Force Majeure Event any event or circumstances outside the reasonable control of either party affecting its ability to perform any of its obligations under these Conditions including but not limited to Act of God, fire, flood, severe weather, epidemic or pandemic, war, revolution, acts of terrorism, riot or civil commotion, trade embargo, strikes, lock-outs or other industrial action, and interruption of utility service;
Initial Term 12 months from the point the Customer accesses the Service; or the customers’ initial payment.
Insolvency Event

means a party:

(a)enters liquidation;
(b)has a receiver, liquidator, administrator, trustee or an individual with a similar role appointed over any of its assets; or
(c)proposes to make any arrangement with its creditors;

Intellectual Property Rights any current and future intellectual property rights and interests including patents, utility models, designs, design rights, copyright (including rights in software), decryption rights, database rights, trade marks, rights pursuant to passing off, service marks, business and trade names, domain names, know-how, topography rights, inventions, rights in confidential information (including technical and commercial trade secrets) and image rights, and rights of a similar or corresponding character in any part of the world, in each case whether registered or not and including any application for registration and renewals or extensions of such rights in any country in the world;
   
Services the salon software services consisting of the cloud-based scheduling system, the Set-Up and any other services which SalonIQ provides or agrees to provide to the Customer; such as Dest Salon Guide, Best Salon App, Stock, SalonIQ and SalonIQ Stock Manager
Set-Up the initial set-up and training provided by SalonIQ to the Customer;
Software computer programs together with any technical information and documentation necessary for the use of such programs;
Virus any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices; and
Year a period of 12 (twelve) consecutive calendar months beginning on the Start Date and on each successive anniversary of the Start Date.
  • 1.2 In these Conditions (except where the context otherwise requires):
  • 1.2.1 references to a party to these Conditions include a reference to its successors and permitted assigns under these Conditions;
  • 1.2.2 any words following the terms “including”, “include”, “for example” or any similar expression are by way of illustration and emphasis only and shall not limit the generality or extent of any other words or expressions;
  • 1.2.3 references to any legislation include any modification or re-enactment of that legislation and any subordinate legislation made (before or after these Conditions) under that legislation.
  • 2 Basis of contract
  • 2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
  • 2.2 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of SalonIQ which is not set out in the Contract.
  • 2.3 Any samples, drawings, descriptive matter, or advertising produced by SalonIQ and any descriptions or illustrations contained on SalonIQ’s website are produced for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
  • 3 Use of the Services
  • 3.1 SalonIQ grants the Customer a non-exclusive, non-transferable right to use the Services solely for the Customer’s internal business operations.
  • 3.2 The Customer shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:
    3.2.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
    3.2.2 facilitates illegal activity;
    3.2.3 depicts sexually explicit images;
    3.2.4 promotes unlawful violence;
    3.2.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
    3.2.6 in a manner that is otherwise illegal or causes damage or injury to any person or property,
  • and SalonIQ reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer’s access to any material that breaches the provisions of this clause and remove any Customer Data, information or the electronic data uploaded by the Customer to its online account at its discretion without notice that is considered to breach the provisions of this clause.
  • 3.3 The Customer shall not:
  • 3.3.1 except as may be allowed by any Applicable Law which is incapable of exclusion by agreement between the parties:
    3.3.1.1 and except to the extent expressly permitted under these Conditions, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
    3.3.1.2 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
  • 3.3.2 access all or any part of the Services in order to build a product or service which competes with the Services; or
    3.3.3 use the Services to provide services to third parties; or
    3.3.4 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; or
    3.3.5 attempt to obtain, or assist third parties in obtaining, access to the Services.
  • 3.4 The Customer shall prevent any unauthorised access to, or use of the Services and, in the event of any such unauthorised access or use, promptly notify SalonIQ.
    3.5 The rights provided under this clause 3 are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company of the Customer.
  • 4 Services
    4.1. SalonIQ shall provide the Services to the Customer on and subject to the terms of these Conditions.
    4.2 SalonIQ shall maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under the Contract.
    4.3 SalonIQ shall use reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:
    4.3.1 planned maintenance carried out during the maintenance window of 10.00 pm to 2.00 am UK time; and
    4.3.2 unscheduled maintenance performed outside Business Hours, provided that SalonIQ has used reasonable endeavours to give the Customer at least 5 Business Hours’ notice in advance.
  • 5 Customer Data
    5.1 The Customer shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
    5.2 SalonIQ utilises the Azure Confidential Computing, Azure Backup and Azure Security Centre to ensure customer data is secure. SalonIQ shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by SalonIQ or any third party.
    5.3 SalonIQ shall, in providing the Services, comply with its Privacy Policy relating to the privacy of the Customer Data available at saloniq.com/privacy-policy or such other website address as may be notified to the Customer from time to time, as such document may be amended from time to time by SalonIQ in its sole discretion.
    5.4 If SaloniQ processes any personal data on the Customer’s behalf when performing its obligations under the Contract, the parties record their intention that the Customer shall be the data controller and SalonIQ shall be a data processor and in any such case:
    5.4.1 the Customer acknowledges and agrees that the personal data will  be transferred or stored iinside the EEA or the country where the Customer is located in order to carry out the Services and SalonIQ’s other obligations under the Contract.
    5.4.2 the Customer shall ensure that it is entitled to transfer the relevant personal data to SalonIQ so that SalonIQ may lawfully use, process and transfer the personal data in accordance with these Conditions on the Customer’s behalf;
    5.4.3 the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; and
    5.4.4 each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
    5.4.5 Data exports exit within SalonIQ for clients and via report exports. It is the customers’s responsibility to protect this data from misuse.
    5.4.6 Additional csv data exports are available by written request and subject to an administration fee, addition exports available include services, products, product levels, bookings data, transactional data, client notes, and gift cards.(details are available on request).
  • 6 Customer’s Obligations
    6.1The Customer shall:
    6.1.1 provide SalonIQ with all necessary co-operation in relation to the Contract and all necessary access to such information as may be required by SalonIQ in order to provide the Services, including but not limited to Customer Data, security access information and configuration services;
    6.1.2 have and maintain adequate computer hardware and software to ensure they can access the functions of the Service;
    6.1.3 comply with all Applicable Laws and regulations with respect to its activities under the Contract;
    6.1.4 carry out all other Customer responsibilities set out in these Conditions in a timely and efficient manner. In the event of any delays in the Customer’s provision of such assistance as agreed by the parties, SalonIQ may adjust any agreed timetable or delivery schedule as reasonably necessary;
    6.1.5 obtain and shall maintain all necessary licences, consents, and permissions necessary that it is responsible for (including in respect of the Customer Data), to enable SalonIQ to provide and the Customer to use the Services;
    6.1.6 ensure that its network and systems comply with the relevant specifications provided by SalonIQ from time to time; and
    6.1.7 be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to SalonIQ’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer’s network connections or telecommunications links or caused by the internet.
  • 7 Price and Payment
    7.1 The price of the Services shall be the price set out on SalonIQ’s website.
    7.2 The Customer shall provide to SalonIQ valid, up-to-date and complete credit or debit card details and any other relevant valid, up-to-date and complete contact and billing details. The Customer authorises SalonIQ to bill such credit or debit card in arrears on a monthly basis, such billing may take place via direct debit.
    7.3 The price of the Services is exclusive of VAT which is payable at the rate prescribed by law.
    7.4 If the cost to SalonIQ of providing the Services is increased due to a change in an Applicable Law, then the amount of such increase will be added to the price after SaloniQ has given notice to the Customer of such increase.
    7.5 For any upgrade or downgrade to the Service requested by the Customer, the Customer’s credit or debit card will automatically be charged the new rate on the next monthly billing cycle. Downgrading the Service may cause loss of Customer Data, features, or capacity of the Services, SalonIQ accepts no liability for any such loss.
  • 8 Limitation and Exclusions of Liability
    8.1 This clause 8 sets out the entire financial liability of SalonIQ (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Customer in respect of:
    8.1.1 any breach of these Conditions however arising;
    8.1.2 any indemnity given under these Conditions;
    8.1.3 any use made by the Customer of the Services or any part of either of them; and
    8.1.4 any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Conditions.
  • 8.2 All warranties, conditions and other terms, express (other than those set out in these Conditions) or implied, statutory, customary or otherwise which but for this clause 8 would or might subsist in favour of the Customer, are (to the fullest extent permitted by law) excluded from these Conditions.
    8.3 Nothing in these Conditions limits or excludes the liability of SalonIQ:
    8.3.1 for death or personal injury resulting from negligence; or
    8.3.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by SalonIQ; or
    8.3.3 for any liability that is not permitted to be limited or excluded by law.
  • 8.4 Subject to clause 3, SalonIQ shall not under any circumstances whatever be liable, whether or not arising pursuant to an indemnity, in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise for loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
    8.5 Subject to clause 3, SalonIQ’s total liability, whether or not arising pursuant to an indemnity, in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising under or in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to a sum equal to price paid for the Services in the 12 months prior to the date on which the liability arises.
    8.6 The Customer agrees to take all steps necessary to mitigate any losses, costs, expenses, claims and demands that it may seek to claim from SalonIQ under or in connection with the Contract including pursuant to any indemnity.
    8.7 SalonIQ shall have no liability to the Customer to the extent of any non-conformance which is caused by use of the Services contrary to SalonIQ’s instructions, or modification or alteration of the Services by any party other than SalonIQ or its duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, SalonIQ will, at its expense, use reasonable endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance.
    8.8 SalonIQ does not warrant that the Customer’s use of the Services will be uninterrupted or error-free; or that the Services and/or the information obtained by the Customer through the Services will meet the Customer’s requirements and is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
  • 9 Intellectual Property
    9.1 All Intellectual Property Rights belonging to a party prior to entering into the Contract will remain vested in that party.
    9.2 The Customer acknowledges and agrees that SalonIQ and/or its licensors own all Intellectual Property Rights in the Services.
    9.3 SalonIQ confirms that it has all the rights in relation to the Services that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of the Contract.
    9.4 The Customer shall not use any Intellectual Property Rights in SalonIQ’s trade marks and brands for any purpose without the SalonIQ’s prior written consent and then only if used in accordance with SalonIQ’s instructions as provided from time to time.
    9.5 The Customer undertakes that the performance of its obligations under the Contract and SalonIQ’s use of the Customer Data will not infringe any Intellectual Property Rights of any third party.
    9.6 SalonIQ shall indemnify, keep indemnified and hold harmless the Customer from and against all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses) costs, proceedings, damages and expenses (including legal and other professional fees and expenses) suffered or incurred by the Customer as a result of or in connection with any claim that:
    9.6.1 the provision of the Services, or receipt of them by the Customer; or
    9.6.2 the Customer’s use of any Intellectual Property Rights provided by the Supplier,
  • infringes the Intellectual Property Rights or other proprietary rights of any person.
  • 10 Confidentiality
    10.1 The Customer shall keep confidential any Confidential Information that it may acquire and shall not us the Confidential Information for any purpose other than to perform its obligations under the Contract and will ensure that its officers and employees comply with the provisions of this clause 10.
  • 11 Term and Termination
    11.1 Subject to the provisions for early termination in clause 2, the Contract shall continue for the Initial term of 1 year, and thereafter until terminated by the Customer giving not less than 90 days’ notice in writing to SalonIQ (any such notice to expire on or after the Initial Period). SaloniQ shall delete or archive all Customer Data 120 days from the date on which the Customer terminates the Contract. Should the customer terminate the contract within the initial 12 month period, the customer must pay SalonIQ the remainder of the initial contract period.
    11.2 SalonIQ shall be entitled to terminate the Contract immediately without giving notice to the Customer:
    11.2.1 if the Customer commits a material breach and such breach is not capable of remedy or is capable of remedy, and the Customer fails to remedy the breach within 20 (twenty) Business Days after receipt of notice giving full particulars of the breach and requiring it to be remedied;
    11.2.2 an Insolvency Event applies to the Customer; or
    11.2.3 the Customer fails to make any payment due to SalonIQ under the Contract within 5 Business Days after the due date for payment or the customer fails to provide a valid payent method.
    11.3 The Customer’s rights to access and use the Services shall terminate immediately when the Contract is terminated, for whatever reason.
    11.4 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
  • 12 Force Majeure
    12.1 Neither party shall be liable to the other for any delay or non-performance of its obligations under the Contract arising from any Force Majeure Event.
  • 13 Notices
    13.1 Any notice given shall only be effective if it is in writing, sent to a party at its registered address (or such other address that party may notify the other in accordance with this clause 13) and is given in accordance with clause 2.
    13.2 Any notice will be deemed to have been duly served:
    13.2.1 if delivered before 4.00 pm on a Business Day, at the time of delivery or, if in any other case at 10.00 am on the next Business Day following the date of delivery;
    13.2.2 if posted from within the UK, at 10.00 am on the second Business Day after it was put into the post; or
  • 13.2.3 if sent by facsimile process, at the expiration of four hours after the time of despatch, if despatched before 3.00 pm on any Business Day, and in any other case at 10.00 am on the next Business Day following the date of despatch.
  • 14 Assignment
    14.1 SalonIQ may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
    14.2 The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of SalonIQ.
  • 15 Entire Agreement
    15.1 These Conditions contains all the terms which the parties have agreed with respect to its subject matter and supersedes all previous agreements and understandings between the parties (whether oral or in writing) relating to such subject matter. Each party acknowledges and agrees that it has not been induced to enter into the Contract by a statement or promise which it does not contain.
  • 16 Third Party Rights
    16.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 the parties do not intend that any person who is not a party to the Contract shall have any right to enjoy the benefit or enforce any of the terms of the Contract.
  • 17 Amendments
    17.1 No purported amendment or variation of the Contract or any provision of these Conditions shall be binding on the parties unless it is set out in writing and signed by an authorised representative of SalonIQ.
  • 18 Waiver
    18.1 No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  • 19 Severability
    19.1 If any provision of these Conditions is found by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable then it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible that provision shall be deemed to be omitted from these Conditions and the validity and enforceability of the other provisions of these Conditions shall not be affected or impaired.
  • 20 Governing Law and Jurisdiction
    20.1 The formation, existence, construction, performance, validity and all aspects whatsoever of the Contract or any term of it and any issues, disputes or claims arising out of or in connection with it (whether contractual or non-contractual in nature) shall be governed by, and construed in accordance with Irish law and the parties irrevocably agree that the Irish Courts shall have exclusive jurisdiction

21.Governing Law
The law that will apply to any question of interpretation regarding this Agreement, any question of the existence of this Agreement, or a lawsuit arising out of or in connection with this Agreement, and which courts have jurisdiction over any such lawsuit, depend on the country of incorporation, or organization, as applicable, of Customer, and will be determined as follows:

Customer Country of
Incorporation:
Governing Law:Courts Having
Jurisdiction:
The United States of America, Mexico or a Country in Central or South America or the CaribbeanThe laws of the State of New York and the federal laws of the United States applicable in that state.New York City, New York
CanadaThe laws of the Province of Ontario and the laws of Canada applicable in that province.Toronto, Ontario
The United Kingdom or Another Country in Europe, the Middle East or AfricaThe laws of England and Wales.England and Wales
Australia or a Country in Asia or the Pacific RegionThe laws of the State of New South Wales and the laws of the Commonwealth of Australia applicable in that state.Sydney, Australia

Each party agrees to the applicable governing law above, without regard to choice or conflicts of law rules, and to the jurisdiction of the applicable courts above. The parties exclude the operation of the United Nations Convention on Contracts of the International Sale of Goods.

Dispute Resolution

Upon any dispute, controversy or claim between the parties, each of the parties will designate a representative from senior management to attempt to resolve such dispute. The designated representatives will negotiate in good faith in an effort to resolve the dispute over a period of thirty (30) days. If the dispute is not resolved in this thirty (30) day period, a party may submit the dispute to binding arbitration. Customer shall select an arbitrator from a list of three (3) arbitrators to be provided by Digital Salon to Customer, each of which shall be skilled in the legal and business aspects of the software industry. The parties agree that the arbitrator’s fee shall be split equally between the parties and that each party shall be responsible for its costs, legal and otherwise, in relation to the arbitration, unless the arbitrator decides that the circumstances justify an award of costs. The arbitration shall be conducted in the English language and shall take place in accordance with arbitration rules and in the location set forth in the below chart, depending on the country of incorporation, or organization, as applicable, of Customer:

Customer Country of
Incorporation:
Applicable Arbitration Rules:Location of Arbitration:
The United States of America, Mexico or a Country in Central or South America or the CaribbeanCommercial Arbitration Rules of the American Arbitration AssociationNew York City, New York
CanadaCanadian Arbitration AssociationToronto, Ontario
The United Kingdom or Another Country in Europe, the Middle East or AfricaLondon Court of International ArbitrationLondon, England
Australia or a Country in Asia or the Pacific RegionAustralian Centre for
Commercial Arbitration
Sydney, Australia

The foregoing provision shall not limit the ability of a party to seek injunctive relief.

23. General Provisions:

TERMS AND CONDITIONS

(a) Export Compliance: The Subscription Services and derivatives thereof may be subject to export laws and regulations. Each party represents that it is not named on any U.S. government denied-party list. Customer shall not permit access or use of the Subscription Services in a U.S.-embargoed country (currently Crimea-Region of Ukraine, Cuba, Iran, North Korea, Sudan, and Syria), EU-embargoed country, and United Nations-embargoed country or in violation of any other applicable embargo, export law or regulation.
(b) Anti-Corruption: Customer has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Digital Salon’s employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If Customer learns of any violation of the above restriction, Customer will use reasonable efforts to promptly notify Digital Salon.
(c) Modifications: This Agreement may not be modified except in writing signed by both parties.
(d) Subcontractors: Digital Salon reserves the right to make use of subcontractors to provide services and to use such means as Digital Salon, in its sole discretion, considers appropriate. Digital Salon’s use of subcontractors shall not relieve it of its obligations under this Agreement.
(e) Independent Contractor: The relationship of the parties established by this Agreement is that of independent contractors. This Agreement does not establish an agency, joint venture or partnership relationship between Digital Salon and Customer. Digital Salon and its personnel, agents, Digital Salons, and Digital Salon’s authorized representatives, are acting as independent contractors and not as employees or agents of Customer. Nothing in this Agreement will be construed to permit either party to bind the other or to enter into obligations on behalf of the other party.
(f) Non-Solicitation: During the Term of this Agreement and for a period of one (1) year following the termination of this Agreement, each party hereto agrees not to solicit, recruit or employ any employee of the other party without the prior written consent of the Chief Executive Officer, President or Director of the other party. For purposes of this section, the terms “employee,” shall include any person with such status at any time during the six (6) months preceding any solicitation in question. For the avoidance of doubt, the foregoing restriction shall not apply to the following forms of solicitation (and resulting employment): (i) a party using general bona fide solicitations directed at the public or industry participation in general in publications or internet resources not specifically targeted at employees of the other party, or employing any person who responds to such solicitations; (ii) using search firms, or hiring any persons solicited by such search firms, so long as such firms are not advised by a party to solicit employees of the other party; or (iii) soliciting any person who has left the employment of the other party prior to the date of this Agreement.
(g) Force Majeure. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control provided that the party affected by such failure or delay gives the other party prompt written notice of the cause and uses commercially reasonable efforts to correct such failure or delay within a reasonable period of time.
(h) Severability: If any provision contained herein or part thereof is determined to be void or unenforceable in whole or in part by a court of competent jurisdiction, such invalid provision or part thereof shall be deemed not to affect or impair the validity or enforceability of any other provision or part thereof contained herein, all of which remaining provisions or parts thereof shall be and remain in full force and effect.
(i) Headings: The headings and subheadings contained herein are inserted for convenience of reference only and shall in no way be construed to be interpretations of terms.
(j) Notices: All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the third business day after being sent by pre-paid recorded post; or (iii) the second business day after sending by facsimile with telephonic confirmation of receipt. Notices to Digital Salon shall be sent to the address shown in the introductory paragraph of this Agreement addressed to Digital Salon’s signatory of this Agreement. Notices to Customer shall be sent to the address shown in the introductory paragraph of this Agreement addressed to Customer’s signatory of this Agreement. Each party may modify its recipient of notices by providing notice pursuant to this Agreement.
(k) Waiver: No delay by either party in enforcing any of the terms or conditions of this Agreement will affect or restrict such party’s rights and powers arising under this Agreement. No waiver of any term or condition of this Agreement will be effective unless made in writing. The waiver by any party of a breach of this Agreement does not constitute a waiver of a repeat of the same breach or of other breach of rights or obligations under this Agreement.
(l) Third party rights: A person who is not a party to this Agreement shall not have any rights to enforce any term of this Agreement.
(m) Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of this Agreement and supersedes all proposals, oral and written, and all previous negotiations and communications between the parties and their representatives with respect to the subject matter of this Agreement. Each party acknowledges that, in entering into this Agreement, it does not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently) of any person (whether a party to this Agreement or not) other than as expressly set out in this Agreement.
Digital Salon reserve the right to update these terms and conditions for any product at any time.
(n) Counterparts: : This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a Portable Document Format (PDF), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof.

Request Online Bookings, is a trading name for DIGEX Ltd, Company number 656956, Registered in Dublin, Ireland.
DIGEX Ltd, (hereafter referred to as “Request Online Bookings or ‘The Platform”, “we”, “us”, or “our”) provides a platform with a number of features such as a Savings Club, Gift Vouchers and an online booking system that enables salons to offer online booking services to its customers seeking to obtain such hair and beauty services (collectively, the ‘Services’), By using the Online Booking System, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), and of those terms of the Salon whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Request. Please read carefully these Terms and our Privacy Policy, which may be found at on the Request website, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
You understand and agree that Request is not a party to any agreements entered into between customers and salons, nor is Request a hair or beauty Digital Salon, agent or insurer. Re: Quest has no control over the conduct of customers and other users of the site, application and services and disclaims all liability in this regard.
Definitions:
“Salon” means a Salon who uses Request’s online booking system to offer online bookings to their customers and includes but is not limited to salons, salon professionals, Clinics and professional freelancers.
“Customer” means a customer who requests a booking of services via the Site, Application or Services
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Website Usage:
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
You acknowledge and agree that, by accessing or using the site, application or services in any way or by downloading or posting any content from or on the site, via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site and application. if you do not agree to these terms, then you have no right to access or use the site, application or services, or collective content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification:
Request reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
Eligibility:
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work:
The Site, Application and Services can be used to facilitate the booking of Hair and Beauty Services (“Services”). Such Services are included in Listings on the Site.
Application and Services by Members:
As stated above, Request makes possible the online booking of hair and beauty services related technology for Salons to offer their customers. Request is not an owner or operator of services. Request does not own, sell, resell, provide, manage and/or control any services. Request’s responsibilities are limited to: facilitating the availability of the Site, Application and Services.
Please note that as stated above, the site, application and services are intended to be used to facilitate the booking of services. Request cannot and does not control the content contained in any profiles and the quality, legality or suitability of any services provided. Request is not responsible for and disclaims all liability related to any and all profiles and services. Accordingly any bookings will be made at the visitor’s own risk.
Account Registration:
In order to access certain features of the Site and Application, or create a Profile, you must register to create an account (“Request Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Request Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Request through the Site, Services or Application; or (ii) allowing Request to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Request and/or grant Request access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Request to pay any fees or making Request subject to any usage limitations imposed by such third party Digital Salons. By granting Request access to any Third Party Accounts, you understand that Request will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Request Account and Request Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Request Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Request’s access to such Third Party Account is terminated by the third party Digital Salon, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Request Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. Please note that your relationship with the third party Digital Salons associated with your third party accounts is governed solely by your agreement(s) with such third party Digital Salons. Request makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Request is not responsible for any SNS Content. We will create your Request Account and your Request Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Request Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Request reserves the right to suspend or terminate your Request Account and your access to the Site, Application and Services if you create more than one (1) Request Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Request Account, whether or not you have authorised such activities or actions. You will immediately notify Request of any unauthorised use of your Request Account.
No Endorsement:
Request does not endorse any Members or any Services. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Request will not be responsible for any damage or harm resulting from your interactions with other Members and Visitors. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Request with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members or Visitors on the Site and Services regarding any bookings or Listings made by you.
Booking and Financial Terms
Fees for Salons:
In consideration for using Request online booking Application or site, Request collects membership fees from Salons (“Membership Fees”). Membership Fees are payable on a monthly basis in advance and will consist of transaction fees on bookings as agreed, SMS fees as agreed and Stripe fees on No show fees charged to the customer. Membership fees are net of Vat and where applicable, VAT may also be charged in addition to the Membership Fees. Membership Fees are payable by direct debit/standing order into Request’s nominated bank account. Except as otherwise provided herein, Membership Fees are non-refundable.
The membership fees payable for your listing on Request ensures your online booking application will stay live. If salons cancel their monthly fee, they will lose access to their account.
Fees will be charged to salons credit card or bank at the start of each month for online bookings processed in the month previous.
Recurring Payments:
Members will be required to make recurring, incremental payments of their membership fees (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to your payment obligations for Membership Fees owed for subscription to Request, you authorise Request to collect the Membership Fees in the agreed amounts and at the agreed frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services until your subscription is cancelled. If there is a change in price of Membership Fees, you authorise Request to adjust the recurring payment in line with the increased fees. Request will provide at least 15 days notice of any change to membership fees. Both Members and Visitors agree to co-operate with and assist Request in good faith, and to provide Request with such information and take such actions as may be reasonably requested by Request, in connection with any complaints or claims made by Members relating to Services or with respect to any investigation undertaken by Request or a representative of Request regarding use or abuse of the Site, Application or the Services.
Bookings and Financial Terms for Customers:
The Salons, not Request, are solely responsible for honoring any confirmed bookings and making available any Services reserved through the Site, Application and Services. If you, as a customer, choose to enter into a transaction with a Salon for the booking of a Service, you agree and understand that you will be required to enter into an agreement with the Salon and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Salon. You acknowledge and agree that you, and not Request, will be responsible for performing the obligations of any such agreements, that Request is not a party to such agreements. Request disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Request is not a party to the agreement between you and the Member.
General Booking and Financial Terms:
Cancellations and Refunds: The provision of the service is between the Salon and customer and Request is not party to this relationship. If either party cancel or cannot fulfil their part of the agreement, this is not the responsibility of Request and there is no recourse to Request.
Certain Salons may choose to implement a Cancellation Policy, the terms of which will be disclosed to and confirmed by you at the time of making your Booking on the salons website. If a Salon has such a Cancellation Policy, then Request may automatically charge your card an amount determined by the Partner, which may be up to the full amount (100%) of the value of the Booking Value. If you cancel an appointment beyond the time indicated in the Partner’s Cancellation Policy, you will not be entitled to any refund unless mutually agreed between you and the Salon directly.
Certain Salons may also choose to implement a No Show Policy. If you fail to turn up to a Salon’s place of business at the time indicated on your Booking confirmation, a Salon may choose to exercise their No Show Policy, wherein Request may automatically charge your card an amount of up to the full amount (100%) of the value of the Booking.
Website User Conduct:
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not: 1. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; 2. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; 3. use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms; 4. copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms; 5. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; 6. interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; 7. use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; 8. use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence; 9. “stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Request Visitor or Member; 10. register for more than one Request Account or register for a Request Account on behalf of an individual other than yourself; 11. contact a Member for any purpose other than asking a question related to a booking, such Members’s Services or Availability; 12. contact a Visitor for any purpose other than asking a question related to a booking or such Visitor’s use of the Site, Application and Services; 13. when acting as a Visitor or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Request, without Request’s prior written approval; 14. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; 15. use automated scripts to collect information or otherwise interact with the Site, Application or Services; 16. as a Member, submit any Service with a false or misleading price information, or submit any Service with a price that you do not intend to honour; 17. systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; 18. use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Request’s name, any Request trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Request’s express written consent; 19. access, tamper with, or use non-public areas of the Site or Application, Request’s computer systems, or the technical delivery systems of Request’s providers; 20. attempt to probe, scan, or test the vulnerability of any Request system or network or breach any security or authentication measures; 21. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Request or any of Request’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; 22. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information; 23. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Request will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Request may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Request has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Request reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Request, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Privacy:
See Request’s Privacy Policy for information and notices concerning Request’s collection and use of your personal information.
Ownership:
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the Ireland and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Request and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Request Content and Member Content License:
Subject to your compliance with the terms and conditions of these Terms, Request grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Request Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Request or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content:
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Request a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. Request does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Request the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Request’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Term
Salons and freelance professionals agree that the term of this Agreement is a rolling agreement commencing on the Effective Date and will continue to renew automatically for successive one month terms unless terminated in writing on not less than 30 days’ written notice by either party, such notice to expire only at the end of the then current one year term. If a salon or freelance professional wishes to cancel within the month period, the balance of the fees will be billed pro rata to what is due for the remainder of the month.
If the agreement is terminated at the end of the agreed term, the salons profile will be taken down from Request, the booking widget will be removed from the salon website.
Disclaimer of Warranties
Use of Request Widgets and any Data, Content or Services accessed through them (e.g. New, or other information or services that are part of the Request Network) is at your sole risk and these offerings are provided “AS IS.”
Any Material or Service downloaded, accessed or otherwise obtained through your use of a Request Widget is at your own discretion and risk, and you will be solely responsible for any results from the download or use of any material, information or service.
Request and its licensors expressly disclaim all warranties of any kind, whether express or implied, relating to Request Widgets, Data, Content, or Services accessed from, or the accuracy, timeliness, completeness, or adequacy of Request Widgets and any Data, Content, or Services accessed from them including the implied warranties of title, merchantability, satisfactory, quality, fitness for a particular purpose, and non-infringement.
If Request Widgets or any Data, Content, or Services accessed on the Request Network proves defective or unsuitable in any way, you (and not Request or its licensors) assume the entire cost of repair or injury of any kind, even if Request or its licensors have been advised of the possibility of a defect or damages as may be allowed by specific legal jurisdictions.
Indemnification
You agree to indemnify and hold Request and its licensors harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your download, access, and/or use of Request Widgets, including any content or services provided therein, your violation of any term or condition of these Terms and Conditions, your violation of applicable laws or any rights of another person or entity.
Limitation of Liability
Request and its licensors are not liable to you for any and all direct, incidental, special, indirect or consequential damages arising out of or related to Request Widgets, Data, Content or Services contained within the Request Network, or from your inability to use or access the Widgets and associated Data, Content or Services, whether the damage claims are brought under any theory of law or equity. Damages excluded by this paragraph include but are not limited to, those for loss of business, business profits, injury to person or property, business interruption, and loss of business or personal information. Some jurisdictions may not allow limitation of incidental or consequential damages so this restriction may not apply to you.
Termination
These Terms and Conditions continue until terminated by either party. You may terminate these Terms and Conditions by discontinuing use of all Request Widgets and by destroying all your copies thereof. These Terms and Conditions terminate automatically if you violate any term hereof, Request publicly posts a written notice of termination on Request’s web site, or Request sends a written (including email or text message) notice of termination to you directly.
Entire Agreement
These Terms and Conditions and the Request Terms of Use and Privacy Policy constitute the entire agreement between you and Request and governs your use of Request Widgets, superseding any prior agreements between you and Request with respect to Request Widgets, Content or Services.
Links:
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Request is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Request of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. Some portions of the Request Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.
Proprietary Rights Notices:
All trademarks, service marks, logos, trade names and any other proprietary designations of Request used herein are trademarks or registered trademarks of Request. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Termination and Request Account Cancellation:
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Request Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Request terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Request Account you will remain liable for all amounts due hereunder. You may cancel your Request Account at any time via the ‘Cancel Account’ feature of the Services or by sending an email to [email protected]. Please note that if your Request Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
Service Level Agreement:
Salons and professionals agree to adhere to the Request.com Service Level Agreement. This includes:
Adhering to minimum business requirements
Proving certain minimum experience requirements
Salons & professionals must offer our clients a Free consultation at any time
If no team member has been selected in the booking, the salon must offer our clients the most senior person available to do the job in the salon.
Salons must commit to guaranteeing the most senior and experienced members of staff available for clients booking through Request.com for all appointments that have not been booked with a specific team member.
Salons must Guarantee Satisfaction. If the client is not happy, salons must agreed to rebook the client in for an appointments to fix or redo the service. *T&C’s apply.
Salons agree to have mystery shoppers visit the salon during the membership period.
Salons agree that if there are consistent complaints regarding service levels, they may be asked to leave the platform.
Disclaimers:
If you choose to use the site, application, services and participate in the referral program, you do so at your sole risk. You acknowledge and agree that Request does not have an obligation to conduct background checks on any member, including, but not limited to, visitors and members, but may conduct such background checks in its sole discretion. The site, application, services, collective content and referral program are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Request explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Request makes no warranty that the site, application, services, collective content, including, but not limited to, the services or any profiles, or the referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Request makes no warranty regarding the quality of any services, profiles. No advice or information, whether oral or written, obtained from Request or through the site, application, services or collective content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, any members or visitors. You understand that Request does not make any attempt to verify the statements of users of the site, application or services or to review or visit any profiles. Request makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, visitors and hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by Request.
Limitation of liability:
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, your profile listing or booking of any services via the site, application and services, any contact you have with other users of Request whether in person or online remains with you. Neither Request nor any other party involved in creating, producing, or delivering the site, application, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, application, services or collective content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, application, services, or from your profile or booking of any service via the site, application and services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Request has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Request’s aggregate liability arising out of or in connection with these terms and your use of the site, application and services including, but not limited to, from your profile or booking of any service via the site, application and services, or from the use of or inability to use the site, application, services, or collective content and in connection with any profile or interactions with any other members, exceed the amounts you have paid or owe for membership via the site, application and services as a visitor in the six (6) month period prior to the event giving rise to the liability or one hundred Euros (100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Request and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Indemnification:
You agree to release, defend, indemnify, and hold Request and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking a Service, (iii) creation of a Listing or (iv) the quality of a service booked by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enquiry or booking of a service.
Entire Agreement:
These Terms constitute the entire and exclusive understanding and agreement between Request and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Services made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Request and you regarding bookings or listings of Services, the Site, Application, Services and Collective Content.
Assignment:
You may not assign or transfer these Terms, by operation of law or otherwise, without Request’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Request may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices:
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Request (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction:
These Terms will be interpreted in accordance with the laws of Republic of Ireland, without regard to its conflict-of-law provisions.
Dispute Resolution:
You and Request agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Request are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Request otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this“ Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this“ Dispute Resolution” section will survive any termination of these Terms.
Arbitration Process:
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.
General:
The failure of Request to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Request. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Request:
If you have any questions about these Terms, please contact Request at [email protected]

Savings Club
Digital Salon will not be liable for any funds saved by the client with a salon. Digital Salon provide the technology which facilitates the transaction, but the relationship is between the salon and the client (the saver). If for any reason the salon cannot provide the services to the client, it is the salons responsibility to repay the client any monies which remain unredeemed.