Terms and Conditions

Terms of Service

The term of this Agreement (the “Term”) will begin on the date of your first monthly payment and remain in full force until terminated in writing or by a telephone verbal call by you. 

Either Party can terminate this Agreement at any time providing 30 days’ notice has been given to the other Party, or immediately should both parties agree.

If either Party breaches the terms of this Agreement, the non-defaulting Party can terminate this agreement immediately and request indemnification against all reasonable charges.

Payment

The Client agrees to provide Salon Branded with a direct debit mandate and authorises Salon Branded to deduct payments of the current monthly and/or annual costs as published on Salon Branded’s website. The bank account must be registered in the Client’s name or business.

Non-Payment from the client.

In the first instance, we will attempt to contact you to ensure the payment is made promptly within 3 working days of when your payment was due. If no payment is forthcoming, we reserve the right to take your website offline until payment is made without further notification.

Payment Terms/Schedule

1. Payment for add on services will be charged immediately using the Direct Debit details the Client has already provided.

The Client is responsible for providing all content (unless these have been purchased as an Add-on Service). If no content or incorrect content is provided this is not Salon Branded’s responsibility and the Client will still be billed as agreed.

Copyright

Any content provided must be owned by the Client and not infringe on any copyright laws. 

The Client shall indemnify Salon Branded against all claims in respect of any alleged infringement of copyright trademark or design.

Service Continuity

Our servers offer an assumed up time of at least 99.9%, however we cannot be held accountable for any loss of business or otherwise due to any downtime experienced due to factors outside of our control.

Websites

All website files hosted by Salon Branded will be the property of Salon Branded. The Client will have no right to these files or the migration of these files if the contract is cancelled.

Any website design or template created by Salon Branded will remain the property of Salon Branded before, during and after the contract. In effect, the Client will be leasing the website from Salon Branded.

Custom Web Design Add-on

If the Client has purchased the 'Custom Web Design' add-on during the original purchase, the Client will own the rights to the associated website design and template.

Add-on services

Any intellectual property rights for add-on service design work such as logo creation or business card creation shall be passed to the Client upon completion and payment.

Domain names

Any domain names purchased by Salon Branded on behalf of the client will be given to the client free of charge as part of the sign up fee and agreement with the client. 

Existing Domain Names & Email Addresses

In the event that the Client already has a Domain Name and/or Email Address setup, which are then transferred to Salon Branded to manage, Salon Branded can not be held responsible for any downtime or loss of data during this process. This could include items such as existing emails and contacts, existing calendar appointments, and existing 3rd party websites. Upon migration, there is no guarantee that any historic emails will be available. It is the Clients responsibility to make the necessary arrangements to ensure a backup or archive is available to them after the transfer has been completed.

Domain name renewals

If the client has registered their own domain(s) using their own account (domain control panel), it is the clients responsibility to manage their domain(s), and not Salon Branded. This includes any payments and renewals via the relevant domain registrar.

Domains that have been registered by Salon Branded, or domains that have been transferred to Salon Branded's account, will be managed by Salon Branded.

Legal

The Client must not use our services to advertise or promote anything that is illegal or encourages criminal activity. If the Client does, the website will taken down with immediate effect and all associated files will be deleted without warning.

Termination and notice

1. Upfront costs are non-refundable
2. The Client may terminate this agreement up to 30 days prior to the last day of the minimum agreement term. The Client must give 30 days written notice to Salon Branded or a verbal telephone conversation must be had. 
3. Salon Branded can terminate this agreement at any time and must give 30 days written notice to the Client.

Limitation of Liability

In no event will Salon Branded be liable for any special, indirect, incidental, or consequential damages nor loss of data, profits or revenue, cost of capital, or downtime costs, nor for any exemplary or punitive damages, arising from any claim or action, incidental or collateral to, or directly or indirectly related to or in any way connected with, the subject matter of the agreement, whether such damages are based on contract, tort, statute, implied duties or obligations, or other legal theory, even if advised of the possibility of such damages.

Data

1. In this relationship Salon Branded is the Data Processor and the Client is the Data Controller. The Client has GDPR related responsibilities and is responsible for putting processes in place where necessary. For more information read the  ICO Guide to General Data Protection Regulation‍
2. Salon Branded - the data processors will only act on the documented instructions of a controller (The Client)
3. Salon Branded may build and host the Client’s website on Webflow. By using the service the Client consents to how Webflow collect and use data. For more information see their privacy policy.
4. As the data controller the Client must only collect and use the data as set out on the website’s privacy policy page.
5. A privacy and cookie policy page will be added to the Client’s website. Should the Client wish to change it they must advise Salon Branded in writing.

Independent

The parties are independent and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.

Force Majeure

Salon Branded shall not be liable for any failure to perform under this Contract when such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy. In the event of such delay the date of delivery or time for completion will be extended by a period of time reasonably necessary for both Company and Client. If the delay remains in effect for a period in excess of 60 days, the Client may terminate this Contract immediately upon written notice to Salon Branded.

By proceeding forward and allowing us as Salon Branded to do your website build, you are agreeing to the above Terms and Conditions.