Thank you for choosing to be part of our community at Styler Digital Ltd (“Styler”,“we”, “us”, or “our”). If you have any questions or concerns about these Terms, or our practices, please contact us at [email protected].
Summarised Terms
Styler offers two subscription plans:
Basic: the full Styler booking platform and your own branded mini-site.
Pro: everything in Basic, plus your own branded mobile app published to the Apple App Store and Google Play Store, and additional Pro-only features.
Both plans include one staff member. Additional staff members are charged at the per-staff monthly rate shown at signup. A one-off setup fee applies when you take Pro, covering the build of your branded app.
You can pay monthly or annually. Monthly plans have no minimum term and can be cancelled at any time, taking effect at the end of your current billing period. The one exception: if your Pro setup fee is waived, a 3-month minimum term applies (Section 3.8). Annual plans are a 12-month commitment paid upfront, with two months free compared to paying monthly, and your price locked for the term.
New signups on either plan start with a 14-day free trial. We take your card details at signup but do not charge you until the trial ends, and we will remind you by email before it does, confirming the amount to be charged. Cancel during the trial and you will not be charged. On the Pro Plan, the one-off Setup Fee and your first subscription payment are both taken when your trial ends, and your app build starts once payment is made. You can end your trial early at any time to bring your first payment forward and start your app build sooner.
If a payment is missed, Styler may suspend your access to the Styler Hub and/or disable your app. If you are having trouble paying, contact us as soon as possible at [email protected].
As a Styler Partner, you have a number of obligations to Styler in return for receiving our Services. These are set out in detail in the full version but some important ones are as follows:
You agree to process and supply the Partner Services to a high standard.
You must ensure that you have all required licenses, consents, qualifications, authorities and insurance that are required for you to perform the Partner Services.
You agree to pay all applicable Styler charges.
You must ensure that all Partner Content uploaded to your Page(s) is accurate, legally compliant and not misleading. For more information, please refer to our User Generated Content Policy.
You are to charge the customer the amount stated on their Styler Booking confirmation, additional charges can be applied if they add additional services and/or products when they attend the booking. You can offer promotions/discounts on the Styler Hub.
If you have any questions, please get in touch via [email protected] or via the live chat tool found across our site at https://styler.digital.
Full Terms
Please read these Partner Terms Of Business carefully. If you do not agree to these Partner Terms Of Business in their entirety, you may not use the Styler Services.
Table Of Contents
1. Definitions
2. Description Of Styler Business Services
3. Payment For Styler Business Services
4. Payment For Styler Partner Services
5. Partner Acknowledgements & Consents
6. Partner Obligations
7. Business App Design
8. Customer Service & Complaints
9. Customer Data
10. Partner Warranties
11. License To Partner Content
12. Indemnity
13. Payment Terms
14. Terms Of Agreement
15. Confidentiality
16. Liability
17. General
1. Definitions
Preamble terms with assigned meanings are stated below.
Styler: Styler Digital Ltd, also referred to as 'company', 'we', 'us', or 'our'.
Styler Partner: Also referred to as "Partner", "you", "salon owner", or "provider". A business who has signed a contract to work in partnership with Styler. Styler Partners are service providers to the consumer.
Consumer: Also referred to as "User" or "Customer". A public user who is able to make a booking with Styler Partners via a website, app or widget.
Affiliate: Any entity that from time to time directly or indirectly controls, is controlled by, or is under common control with Styler.
Agreement: Also referred to as "Partner Terms Of Business". This agreement, which sets out the terms and conditions upon which Styler shall provide the Styler Services to the Partner and which comes into effect on the Effective Date.
Booking Terms & Conditions: Styler Booking Terms & Conditions for Customers booking Partner Services.
Cancellation Policy: Section 6 of this agreement refers to your own cancellation policy for your business. Sections 3 and 14 of this agreement relate to cancellation of the Partner's subscription to Styler Services.
Data Protection Legislation: Refers to European Directives 95/46 and 2002/58/EC and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, Page 5 of 32 re-enacts or consolidates any of them (including the General Data Protection Regulation, or "GDPR") and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction.
Effective Date: The earliest of (a) the Partner beginning to receive the Styler Services, (b) the date on which the Partner ticks the box to confirm its acceptance of this Agreement on the Styler Business Software and, (c) the date of any other agreement signed by the Partner concerning Styler Services.
Styler Account: The account you created through our website or which was setup on your behalf by Styler. You will use this account to access Styler Software.
Booking System: A Salon Management Platform. The Styler Booking System provides businesses with access to a suite of business and time management tools.
Business App: For App Parters, Styler can publish a branded App to both the Apple App store and Google Play store on the Partners behalf.
Styler Booking: Refers to a booking made by a Customer to attend Partner Services at a specified time or date. This booking can be made through the Styler Widget or Business App.
Styler Website: Refers to the website found at https://styler.digital and all subdomains which provides Partners and Customers with access to the Styler Services.
Styler Hub: An online portal through which Partners can manage the Styler Booking System and Business App.
Services: Also referred to as "Partner Services". Referring to any products, goods or services provided by a Styler Partner.
Widget: A Partner branded web interface provided by Styler which Partners can embed in their website(s) and/or social media channel(s). The widget allows Customers to book with Styler Partners.
Basic Plan: The Styler subscription plan comprising the Styler booking platform and a branded mini-site.
Pro Plan: The Styler subscription plan comprising everything in the Basic Plan plus a branded Business App and the Pro-only features described at styler.digital.
App Only Plan: A plan for Partners who use the Styler Business App alongside a third-party booking system. This plan is not displayed on the Pricing Page and is available by arrangement with Styler only.
Enterprise: Bespoke arrangements for Partners with 10 or more staff members or multiple locations, agreed directly with Styler.
Staff Member: An individual added to the Partner's account within the Styler Hub.
Billable Staff: Any Staff Member whose status is Active, regardless of whether they take online bookings. Staff Members whose status is Disabled are not Billable Staff.
Setup Fee: The one-off fee payable on subscribing to the Pro Plan, covering the design, build and publication of the Partner's Business App.
Free Trial: The 14-day trial period applying to new Basic Plan and Pro Plan signups, as described in Section 3.3.
Billing Anchor Date: The date of the Partner's first subscription charge, from which all subsequent billing cycles run.
Billing Cycle: The monthly or annual period between subscription charges, running from the Billing Anchor Date.
Annual Term: The 12-month committed period applying to annual subscriptions.
Minimum Term: The 90-day minimum Pro Plan commitment that applies when the Setup Fee is waived, as described in Section 3.8.
Pricing Page: The current subscription prices displayed at styler.digital and at the point of purchase.
General Data Protection Regulation (GDPR): Refers to Regulation (EU) 2016/679.
Intellectual Property Rights: Means all intellectual property rights on a world-wide basis whether currently in existence or otherwise and whether vested or contingent including (without limitation) copyright (including foreign language translation rights), design rights, database rights, rights in any domain names, registered designs, patents, trademarks, trade names, signs and other designations provided the foregoing are of a proprietary nature and all similar rights whether registered or otherwise (including, without limitation, all extensions, reversions, revivals and renewals thereof). The above shall include, in relation to registrable rights, any applications made or rights to make applications in respect of any such rights.
Styler Services: Any service provided to you by Styler including the Styler Booking System and the Styler Business App.
Styler Account Holder: A Partner who has agreed to this agreement and is using Styler Services.
App Partner: A Styler Partner who is subscribed to the Styler Business App and not the Styler Booking System.
Fees: Any Processing Fee, Subscription Fee, or any other fees payable by the Partner to Styler for use of the Services.
Processing Fee: The processing fee payable by the Partner to Styler for transacting payments on the Partner's behalf via the Styler Apps, Widget, and/or Website.
Stripe: Stripe Payments UK Ltd (and Stripe Payments Europe Ltd). A company which specialises in payment processing providing Stripe Services to Styler and our Partners (each of which have a Stripe Connected Account).
Stripe Connected Account: A Partner who has agreed to the Stripe Services Agreement and received approval from Stripe to receive Stripe Services.
Stripe Connected Account Data: Data about a given Stripe Connected Account, activity on their Stripe accounts and their transactions.
Stripe Services Agreement: The Stripe connected account agreement, which includes the Stripe Terms Of Service.
Stripe Services:The payment processing services offered by Stripe to Styler and Partners including services that enable the acceptance of payments from Customers, the routing of money to and from Stripe Connected Accounts.
2. Description Of Styler Business Services
Styler offers two subscription plans:
Basic Plan: The full Styler booking platform, providing businesses with a suite of business and time management tools, and a branded mini-site through which Customers can book the Partner's services.
Pro Plan: Everything in the Basic Plan, plus a bespoke branded Business App for the Partner's business, published to the Apple App Store and/or Google Play Store, and the Pro-only features described on the Styler website. The Business App allows the Partner to advertise and showcase their services and enables Customers to book directly through the app.
Both plans include one Staff Member. Additional Staff Members may be added at the per-staff rate shown on the Pricing Page (Section 3.5).
Partners with 10 or more Staff Members or multiple locations should contact Styler to discuss Enterprise arrangements.
Some Partners subscribe to the App Only Plan, under which Styler provides the Business App alongside the Partner's third-party booking system. This plan is not displayed on the Pricing Page and is available by arrangement with Styler. Where a Partner uses a third-party booking system, the Partner confirms they hold the relevant permissions to link and embed that third-party booking page within their Business App.
If we provide you with a Business App, it is our responsibility to provide you with a functioning application on the relevant app store(s). If we provide you with the booking platform, it is our responsibility to offer a functional calendar and booking widget, and we will send your Customers booking confirmations and reminders to reduce no-shows.
3. Payment For Styler Business Services
3.1 Plans and Fees
The current prices for the Basic Plan, Pro Plan, additional Staff Members and the Setup Fee are those displayed on the Pricing Page at the time you subscribe or make a change to your subscription. All prices are inclusive of VAT where applicable.
3.2 How Billing Works
Subscription payments are collected automatically from the payment card on file, processed by Stripe. Your first charge sets your Billing Anchor Date, and each subsequent charge falls on the same date of the month (or, for annual subscriptions, the same date each year). Where a Billing Anchor Date falls on a day that does not exist in a given month, the charge is taken on the last day of that month. You must keep a valid payment card on file for the duration of your subscription.
3.3 Free Trial
New signups on the Basic Plan and the Pro Plan begin with a 14-day free trial. Card details are required at signup, but no charge is taken until the trial ends. We will email you before your trial ends confirming the end date and the amount to be charged. When the trial ends, your card is charged automatically and your paid subscription begins; that first charge sets your Billing Anchor Date. On the Pro Plan, the first charge comprises the Setup Fee (unless waived) and your first subscription payment. If you cancel during the trial, your card is not charged and no subscription starts. Monthly subscriptions have no fixed contract and can be cancelled at any time, with effect from the end of your current Billing Cycle. The one exception is where your Pro Setup Fee has been waived, in which case a 90-day Minimum Term applies as set out in Section 3.8.
3.4 Pro Plan Trials and App Development
During a Pro Plan trial you have access to Pro features within the Styler Hub, but the design and development of your branded Business App does not begin until your trial has ended and your first payment has been taken. You may end your trial early at any time: your first payment (including the Setup Fee, unless waived) is taken immediately, that date becomes your Billing Anchor Date, and your app build is queued from that point. Where the Setup Fee is waived, app development begins once your first subscription payment has been taken, whether at the end of your trial or earlier if you choose to end it early.
3.5 Staff Members and Seat Billing
Both plans include one Staff Member. Each additional Billable Staff member is charged at the per-staff rate shown on the Pricing Page. A Staff Member is billable while their status is Active, whether or not they take online bookings; the Allow Bookings setting does not affect billing. Disabled Staff Members can be re-enabled at any time, and their historical data is preserved. The place you have paid for remains available until the end of the Billing Cycle in which you disabled them, so re-enabling that Staff Member — or making a different Staff Member Active in their place — within that same Billing Cycle is free. From the next Billing Cycle the place is no longer included in your Billable Staff, so making a Staff Member Active from that point is an addition and is charged pro-rata in line with clause 3.6.
3.6 Proration
Staff Members added during a Billing Cycle are charged pro-rata for the remainder of that cycle, applied to your next invoice, and at the full per-staff rate thereafter. Staff Members removed or disabled during a Billing Cycle remain active until the end of that cycle; no refund or credit is given for the unused portion, and the change takes effect from your next invoice. Whenever you change your staff count, the Styler Hub will show you your next bill amount and date before you confirm.
3.7 Pro Setup Fee
A one-off Setup Fee is payable on subscribing to the Pro Plan (whether at signup or on upgrade), covering the design, build and publication of your branded Business App. For new signups, the Setup Fee is charged together with your first subscription payment when your trial ends, or earlier if you end your trial early. For existing paying Partners upgrading to Pro, it is charged immediately on upgrade. Once charged, the Setup Fee is non-refundable, as it funds work that begins immediately.
3.8 Setup Fee Waiver and Minimum Term
Styler may waive the Setup Fee, for example during promotional periods. Where the Setup Fee is waived, a Minimum Term of 90 days applies to your Pro Plan subscription, starting on the date of your first subscription payment. During the Minimum Term you may not downgrade to the Basic Plan or cancel your subscription, and downgrade and cancellation options will be unavailable in the Styler Hub and the Stripe customer portal for this period. You may still add or remove Staff Members during the Minimum Term. If a subscription payment fails during the Minimum Term, the Minimum Term is paused until payment is brought up to date, by up to a maximum of 30 days. At the end of the Minimum Term, full downgrade and cancellation flexibility is restored automatically. The Minimum Term does not apply to existing Partners migrated onto the Pro Plan under Section 3.14. Styler may, at its sole discretion, release a Partner from the Minimum Term in cases of genuine hardship.
3.9 Upgrades and Downgrades (Monthly Subscriptions)
Upgrading from Basic to Pro: the Setup Fee (where applicable) is charged immediately, Pro features unlock immediately, and your app build is queued. You remain on the Basic rate for the remainder of your current Billing Cycle and move to the Pro rate from your next Billing Cycle. Your Billing Anchor Date is unchanged. There is no billing event tied to your app going live.
Downgrading from Pro to Basic: takes effect from your next Billing Cycle. You keep Pro features and your Business App until the end of your current paid cycle. No refund or credit is given for the unused portion. App removal is handled under Section 3.11.
3.10 Annual Subscriptions
Both plans may be paid annually. Annual pricing is ten times the equivalent monthly total, giving you two months free compared to paying monthly, and is payable in full upfront at signup (or at trial end for trial users).
Commitment and price lock: An annual subscription is a commitment for the full 12-month Annual Term. Your price is locked for the Annual Term: if our rates change during your term, your rate does not change until renewal.
Renewal: Your subscription renews automatically at the end of the Annual Term at the then-current annual rate. We will notify you at least 14 days before renewal, and clarify your expected annual rate.
Adding staff mid-term: charged pro-rata at the annual-equivalent per-staff rate for the months remaining in your term, and included in your renewal price thereafter.
Removing or disabling staff mid-term: the seat remains active until renewal; no refund is given; the seat is removed from your renewal pricing.
Upgrading Basic to Pro mid-term: the Setup Fee (where applicable) is charged immediately, Pro features unlock immediately, and a pro-rated charge applies for the difference between the Basic and Pro annual rates for the months remaining in your term. Your renewal anchor is preserved and your next renewal is at the Pro annual rate.
Downgrading Pro to Basic mid-term: takes effect at renewal only. You keep Pro features and your Business App until the end of your Annual Term. No refund is given.
Cancelling mid-term: you retain access until the end of your Annual Term. No refund is given for the unused portion of the term.
Switching from monthly to annual: available at any time; the change takes effect at the end of your current monthly Billing Cycle.
Switching from annual to monthly: available at any time; the change takes effect at the end of your current Annual Term. Your annual term simply ends and monthly billing begins the next day at the then-current monthly rate, which is higher than the annual equivalent. Your Billing Anchor Date becomes the date your Annual Term ended.
3.11 Cancellation and App Removal
Cancelling a monthly subscription takes effect at the end of your current paid Billing Cycle; cancelling an annual subscription is governed by Section 3.10. In both cases you retain access to the Services until the end of the period you have paid for; there are no refunds or credits for partial months, unused time, or open accounts.
When a Pro Plan subscription is downgraded or cancelled, your Business App remains live until the end of your paid period, after which it will be removed from the Apple App Store and Google Play Store. App stores may take up to 30 days to action a removal after submission. Customer data on cancellation is handled in accordance with our Privacy Policy.
3.12 Pricing Change Notice
Styler reserves the right to change the price of our Services with at least 30 days' notice to the Partner. For monthly subscriptions, continued use of the Styler Services after the notice period will be deemed acceptance of the new price; if you do not agree to the change, you may cancel with effect from the end of your current Billing Cycle before the new price takes effect. For annual subscriptions, price changes take effect only at your next renewal, and we will give you at least 30 days' notice before a renewal at a changed price.
3.13 Missed Payments
If a payment fails, we will retry your card and notify you. During this time Styler may suspend your access to the Styler Hub and/or disable your Business App. If you are having difficulty paying, contact us as soon as possible at [email protected].
3.14 Existing Partners and Migration
Partners who subscribed before the launch of the Basic and Pro Plans have been or will be moved to the plan closest to their existing service: Partners with a Business App to the Pro Plan, and Partners using the booking platform only to the Basic Plan. Partners on the App Only Plan remain on that plan. No Setup Fee applies to migrated Partners who already have a Business App, and no Minimum Term applies to migration. Migrated Partners keep their existing Billing Anchor Date, and migration does not remove access to features a Partner already uses. From the date of migration, subscriptions are billed under the pricing model described in this Section 3, including per-staff charges under Section 3.5, except where Styler applies transitional or preserved pricing at its discretion, which will be confirmed to the affected Partner directly.
4. Payment For Styler Partner Services
4.1
Styler is not responsible for failure of payments from your Customers. It is the Partner's responsibility to ensure that any deposits or payments are collected from the Customer.
4.2
A summary of your bookings with financial data can be viewed if you are also subscribed to the Styler Booking System.
4.3
By becoming a Styler Partner, you agree to share this financial data with us.
5. Partner Acknowledgements & Consents
5.1
The Partner acknowledges and understands that:
Styler uses third-party vendors to provide you with the software, networking, and storage technologies required to create and host the Styler Hub, Styler Business App, and Styler Booking System.
Styler has administrative access to all parts and information stored on the Styler Hub, App and Booking System.
Styler will track, using third party tools, the Partner's use of the Software provided by us. This will also monitor individual actions by staff accounts. The tracking will cover each single interaction the user has and the technical details of the browser and device being used and will include but not be limited to (a) booking creation, (b) editing staff, and (c) viewing the calendar. This tracking will assist Styler in understanding how the our Software is used by Partners and will allow Styler to make appropriate developments to our system. The Partner is responsible for alerting its staff that such tracking will take place. More information on what and how we track is available on our Privacy and Cookie Policy. Every staff member with an account under the Partner’s business should be made aware of this policy.
As your App and/or Booking System is part of the Styler Services, you consent that the Styler Business App or Styler Booking System will also include Styler branding such as trademarks and our logo.
5.2
As a Partner you shall not:
Reproduce, duplicate, copy, sell, resell or exploit the whole or any part of Styler. This includes our Software, Widget, Website(s), and/or Apps.
Allow any third party (including group companies of the Partner) to use or access the Styler Business Software without express prior written permission from Styler (which may be denied or granted on such terms as Styler in its sole discretion may determine).
Send unsolicited emails, SMS or other electronic forms of marketing to Customers via the Styler Software (or otherwise); or disclose, share or resell any login details or passwords for the Styler Software.
5.3
Styler does not warrant:
That some or all of Stylers Software, Widget(s) and/or website(s) will be uninterrupted, timely, secure, or error-free.
That any information or results that may be obtained by Styler Software will ALWAYS be accurate or reliable.
That the quality of any products, services, information, or other material purchased or obtained by the Partner through Styler Software and communications will meet the Partner’s requirements or expectations; or that any errors in the Styler Software, widget, website(s), and/or Apps will be corrected.
If you do want to report an error please contact us via [email protected]. Our development team will advise you.
5.4
THE PARTNER ACKNOWLEDGES AND AGREES THAT DURING THEIR USE OF Styler SOFTWARE, Styler IS NOT LIABLE FOR ANY LOSS OF INCOME OR PROFITS, LOSS OF CONTRACTS, LOSS OF GOODWILL, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, WHICH MAY RESULT FROM:
The Partners use, misuse or inability to use Stylers software, widget, website(s) and/or Apps.
Styler ceasing the use of and/or access to Stylers software, widget, website(s) and/or Apps upon expiry of a contract or the Partner failing to pay for our services.
Unauthorised access to or alteration of the Partner’s transmissions or data.
Any other possible manner which may cause an error.
5.5
The Partner acknowledges that the Styler Business App is the intellectual property of Styler - under no circumstances will the Partner receive ownership of the Styler Business App, or an app which is not connected to Styler Services, unless permission is explictly given in writing by Styler.
5.6
The Partner acknowledges that the Styler Business App will be hosted on Styler's Apple App Store and Google Play Store profiles - permission is not granted to host the app on any other profile unless permission is explicitly given in writing by Styler.
5.7
The Partner acknowledges that Styler, in its sole discretion, reserves the right to deny access to the Styler Hub and/or disable the Partner's Business App and remove it from the Apple App Store and Google Play Store, including for non-payment or breach of this Agreement. On downgrade or cancellation of a Pro Plan subscription, app removal is handled in accordance with Section 3.11.
6. Partner Obligations
6.1
In consideration of receiving Styler Services, the Partner agrees to pay all applicable Charges to Styler. If you are using the Styler Booking System, you are to accept all Bookings, process and supply the Partner Services to the highest industry standards and in line with any specific terms and conditions set out in this Agreement generally, and particularly in this Clause 6. A breach of this Clause 6.1 will be a Material Breach of this Agreement.
6.2
If you are using the Styler Booking System, the Partner must accept all Bookings and may only decline to accept the Booking in exceptional circumstances, otherwise the Partner shall be considered to be in Material Breach of this Agreement and may forfeit any payments due to it in connection with this Agreement.
6.3
The Partner is responsible for ensuring that all Content you provide (especially details of and prices for the Partner Services) are accurate, correct and not misleading. It is the responsibility of the Partner to notify us of any legal or age restrictions on a Partner Service so that this information can be displayed clearly to the customer. The Partner should only upload photographs representing its venue to its Page(s) which have been taken at the Partner’s own venue and should always ensure that it has the right to use any such photographs uploaded. Any breach of this Clause 6.3 is a Material Breach of this Agreement. If the Partner does not have any photographs available to upload, Styler is happy to upload some suitable photographs from its own database so please let our designers know if we can help. More information about our content policies can be found in our User Generated Content Policy.
6.4
The Partner shall fulfil their obligation to provide Partner Services for all Bookings via the Styler Widget and Styler Business App. In particular, the Partner must honour the Styler Booking Terms & Conditions. Styler will notify customers of your basic cancellation policy, however Styler IS NOT LIABLE FOR ANY CANCELLATIONS OR NO SHOWS.
7. Business App Design
This section is only applicable if you using the Styler Business App.
7.1
Styler will provide you with your Business App and the tools with which you can brand your the Business App.
7.2
All customisation must happen within the set Business App structure and layout provided by Styler. Styler does not warrant that the Business App customisation settings will meet the Partner’s requirements or expectations; or that any requests made by the Partner with regards to the Business App functionality or customisation will be approved or acted upon.
7.3
All images and content provided for use on the Business App must adhere to our User Generated Content Policy. Styler reserves the right to remove any content which we determine to be in violation of the User Generated Content Policy.
7.4
If the Partner uses a third-party to facilitate their bookings, the Partner acknowledges that they have the relevant permissions to link and embed any third-party booking page on the Styler Business App.
8. Customer Service & Complaints
8.1
The Partner shall use their best endeavours to provide top quality Partner Services to all Customers and shall promptly deal with any sales enquiries, matters or issues relating to Bookings or potential Bookings including dealing with Customer complaints.
8.2
The Partner shall be directly responsible to the Customer for any failure to fulfil the Customer’s expectations or for any other legal liability which arises in respect of the Partner Services, save where such liability arises as a result of Styler’s negligence.
8.3
Styler shall refer any Customer complaints it receives to the Partner and the Partner shall acknowledge all complaints, and shall respond to the relevant Customer within 48 hours of the Partner’s receipt of a complaint (whether the complaint has come directly from the Customer or via Styler).
8.4
The Partner hereby acknowledges and accepts that the Website, App and social media pages include a reviewing platform, upon which Customers may post publicly viewable reviews about their experiences with Styler and with the Partner (particularly in relation to the Partner Services) (“User Generated Content”). The Partner should note that this platform may not be opted out from and may from time to time contain negative reviews and/or feedback from Customers, which is outside Styler’s control. There is an option for the Partner, if they are the subject of any User Generated Content, to reply to reviews about them. However, any content the Partner posts in response to User Generated Content must be polite and professional and non-threatening or confrontational, and it may be subject to review by Styler (and may be removed or amended in Styler’s sole discretion if Styler deems it reasonably necessary to do so). For the avoidance of doubt, the Partner shall have no right to any remedy (including without limitation, any right to terminate this Agreement) as a result of any User Generated Content naming or referring to the Partner. However, if the Partner, acting reasonably, feels that any User Generated Content is defamatory of the Partner or any person or in some other way is a violation of any person’s legal rights, the Partner may flag and report that User Generated Content to Styler. In such case, Styler shall review the same and in its sole discretion take any action it deems necessary or desirable (including, for example, removing or amending the relevant piece of User Generated Content). The Partner must only ever respond to a review via the review platform and must never contact or attempt to contact a customer in response to a review other than on the review platform, even where the Partner knows the identity of the customer who left the review or can determine the customer’s identity by some other means. Any breach of this clause 8.4 will be a Material Breach of this Agreement.
9. Customer Data
9.1
For the purposes of this clause, “data controller”, “data processor”, “data subject”, “personal data”, “process”, “processing” and “appropriate technical and organisational measures” shall be interpreted in accordance with applicable Data Protection Legislation.
9.2
Styler and the Partner each acknowledge that, for the purposes of the Data Protection Legislation:
In respect of Partner Customers’ personal data, the Partner is the data controller and Styler is the data processor;
In respect of Styler Account Holders’ personal data, the Partner and Styler each act as independent data controllers; and
9.3
Where Styler and the Partner are independent controllers, each acknowledge and agree that:
They understand and hold a copy of Section 9 of these terms, each party is responsible for its own compliance with Data Protection Legislation, including the GDPR;
the Partner must promptly (and in any event within 24 hours of the Partner or its employees or contractors becoming aware of the matter) notify Styler of any accidental or intentional damage, alteration, destruction, unauthorised disclosure, loss, misuse or theft of or to the personal data of any Customer or which the Partner has access to ("Security Incident"). Partner shall provide full cooperation and prompt assistance to Styler in respect of its efforts to (i) investigate, remediate, and mitigate the effects of the Security Incident, and (ii) comply with notification obligations to individuals, clients or regulatory authorities;
Partner must not do, or omit to do, and must ensure that its personnel and other representatives do not do or omit to do, anything that would cause (or may be reasonably expected to cause) Styler or its Affiliates to be in breach of any provision of any Data Protection Legislation and take all reasonable steps to ensure the reliability of its employees, or contractors and agents who may have access to the personal data and ensure that such staff and agents are informed of the confidential nature of the personal data and have undertaken training in the laws relating to handling personal data;
Partner agrees to implement and maintain appropriate technical and organisational measures in respect of its processing of the personal data sufficient to comply with the Data Protection Legislation and to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damages, theft, alteration or disclosure;
Partner agrees to only process personal data of Customers for the purpose of providing the Partner Services to such Customers and, in the case of Customers who have expressly agreed by way of opt-in consent to receiving email marketing, for the purposes of email marketing and in all cases only whilst receiving the Styler Services; and
should Partner, its affiliates or its suppliers need to transfer the personal data of Customers to locations outside the European Economic Area, Partner takes full responsibility (and accepts full liability) for ensuring that such personal data is processed fully in compliance with Data Protection Legislation.
9.4
Where the Partner is data controller and Styler is data processor, in respect of Partner Customers’ personal data, such personal data shall be processed by Styler in accordance with the obligations of Article 28 of the GDPR, subject to the provisions of clause 9.9 below and subject to Styler being able to charge the Partner for providing any assistance not expressly specified as a service requirement of Styler under this Agreement.
9.5
Styler reserves the right to process Customer personal data as set out in its Privacy and Cookie Policy and the Partner hereby irrevocably and unconditionally agrees and consents to the processing of such personal data by Styler and further warrants that each Partner Customer has been informed how Styler will process their personal data. Without limiting Partner’s obligations elsewhere in this Agreement, the Partner undertakes promptly to include any information reasonably requested by Styler in its privacy policy or other Partner Customer literature to assist each party in compliance with Data Protection Legislation.
9.6
The Partner acknowledges that ownership of all Intellectual Property Rights in the Partner Customers personal data. Styler or its Affiliates and Partner irrevocably and unconditionally assigns with full title guarantee all such rights to Styler. Styler grants the Partner a non-exclusive license to use such personal data to operate its business subject to Partner's ongoing compliance with the provisions of this Agreement.
9.7
The Partner may send marketing or promotional communications to Styler Customers whose details are stored in the Styler Booking System and who have given their consent via an 'opt-in' box on signing up to receive the Styler Services or when booking Partner Services via the Widget, to receive marketing or promotional communications from any Partner from whom they book Partner Services and/or specifically from the Partner with which they are booking.
9.8
The Partner undertakes and warrants that it will only process the personal data of Partner Customers in compliance with Data Protection Legislation and in particular that it, its employees, its contractors, its partners and its suppliers will only send marketing or promotional communications to Partner Customers who have given their consent to receive the same. The Partner’s use of the personal data of Partner Customers is undertaken at the Partner’s sole risk with Partner being responsible and liable for ensuring it, its employees’, its contractors’, its partners’ and its suppliers’ use fully complies with all applicable Data Protection Legislation.
9.9
In the event that a Customer notifies the Partner or one of its employees or contractors that it does not wish to receive further marketing materials from Styler and/or its Affiliates, the Partner shall promptly (and in any event no later than 48 (forty eight) hours from being so informed) notify Styler with full details of the same in writing so that Styler can honour such request.
9.10
In the event that a data subject makes a request to either party to exercise one or more of the rights afforded to data subjects under Data Protection Legislation then to the extent that either party reasonably requires input or assistance from the other party in order to give effect to any of the rights afforded, that other party shall provide all such input or assistance within a reasonable timeframe with each party meeting their own costs in doing so;
9.11
In the event that either party receives a request from a data protection authority for information relating to this Agreement or the relationship between the parties, that party shall promptly notify the other unless prohibited by law.
9.12
Any breach of this Clause 9 by the Partner, or its staff, contractors or agents, will be a Material Breach of this Agreement.
9.13
The Partner will indemnify and hold Styler and its Affiliates harmless against all losses, claims, costs, damages or proceedings suffered or incurred by Styler and/or its Affiliates arising out of or in connection with the Partner's breach of this Clause 9.
9.14
This Clause in its entirety shall survive the termination or expiry of this Agreement.
10. Partner Warranties
As you enter this agreement with Styler you warrant that:
10.1
You are over the age of 18
10.2
The Partner shall provide Styler with any Partner Content it reasonably requires to be provided with in order to supply the Styler Services.
10.3
You are a sole proprietor managing a legal and registered business or an authorised signatory of your duly incorporated business within the United Kingdom.
10.4
You are eligible to register and use the Styler’s Services, and have the right, power, and ability to enter into and perform under this Agreement.
10.5
Your name provided to us when you register is your name or business name under which you sell goods and services;
10.6
Any sales transactions submitted by you will accurately describe the products and/or services sold and delivered to a purchaser;
10.7
You and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations;
11. License To Partner Content
11.1
The Partner hereby grants Styler the right to: remove, edit, cut-down or otherwise amend content supplied by the Partner that is published on your Styler Business App or Styler Booking System, but still in compliance with the warranties identified in this Section 11, or is otherwise in breach of the terms of this Agreement.
11.2
Make use of search engine optimisation services, pay-per-click advertising, and other mechanisms that embody, incorporate or quote (in whole or part) the trading name of the Partner or any brands used in connection with the Partner Services.
11.3
All content that the Partner supplies to Styler in connection with this Agreement and/or publishes (or provides to Styler for publication) will be accurate in all material respects and shall not infringe any other person’s rights (including Intellectual Property Rights) or be defamatory, unlawful, offensive, threatening, or pornographic or otherwise falling below general standards of taste and decency;
11.4
All content supplied to us shall comply with all applicable laws and advertising regulations in the marketing, sale and provision of the Partner Services and shall obtain all licences, consents, authorities, qualifications and insurance it is either necessary or reasonably prudent for the Partner to obtain in respect of all its business activities and personnel (but especially in connection with the provision of Partner Services).
12. Indemnity
12.1
The Partner hereby agrees to indemnify, keep indemnified and hold harmless Styler and its officers, directors and employees, from and against any and all claims, demands, obligations, actual or alleged causes of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), expenses associated therewith (including the payment of reasonable legal charges and disbursements) and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) and all other reasonable professional costs and expenses arising out of or in connection with any breach by the Partner of any term of this Agreement or arising out of any action brought by any third-party relating to the Partner Services provided (or not provided), or actions (or failures to act), of the Partner or any person (other than Styler) acting on its behalf, including, without limitation any action brought in connection with any Data Protection Legislation, Partner Content or a Customer visit to the Partner's venue.
12.2
The Partner acknowledges that Styler enters into this Agreement for its own benefit but also as an agent for the benefit and on behalf of each of its officers, directors and employees (each an "Indemnified Third-Party" and, collectively, the "Indemnified Third-Parties"’) and that the rights in respect of indemnification set out in clause 10.7 shall be rights and benefits of each such Indemnified third-party (as if, in each case, a party to this Agreement in its own right). Such rights shall be enforceable under this Agreement by Styler as agent for each such Indemnified third-party. Notwithstanding the foregoing, the Partner and Styler may agree in writing to amend any provision of this Agreement without the consent of any of the Indemnified Third Parties, even if that amendment affects or will affect the rights conferred on any Indemnified third-party hereunder.
12.3
This clause shall survive the termination or expiry of this Agreement.
13. Payment Terms
The following Payment terms govern credits and debts between Styler, Partners and Customers.
13.1
Payment processing services for Partners are provided by Stripe and are subject to the Stripe Services Agreement. As a Styler account holder, the partner agrees to be bound by the Stripe Services Agreement, Stripe may update these terms from time to time. Under no circumstances can the Stripe Services be used in violation of the Stripe Services Agreement and any failure to do so by a Partner will be a Material Breach of this Agreement. Subject to agreeing to the Stripe Services Agreement and to receiving approval from Stripe to become a Stripe Connected Account, the following additional terms must be adhered to by the Partner in order for Styler to enable the Stripe Services. A Partner cannot be a Stripe Connected Account without complying with these terms:
The Partner agrees to provide upload accurate and complete KYC information about its business and the ownership of its business to Stripe. It is the Partner's responsibility to update that information whenever necessary to ensure it is accurate at all times.
The Partner hereby authorises Styler to act on its behalf in managing its Stripe Connected Account and any other activity required for the operation of the Stripe Connected Account.
The Partner hereby authorises Styler to access its Stripe Connected Account Data and to share the Stripe Connected Account Data with Stripe. Stripe and Styler are independently responsible for ensuring that Stripe Connected Account Data within their possession or control is not disclosed to unauthorised individuals.
The Partner understands and acknowledges that if Styler suspects the Partner of any fraudulent, unlawful, deceptive or abusive activity, it is contractually required to inform Stripe promptly of this.
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13.2
Payments processed through any Styler App, Widget or Website are subject to:
(a) Stripe's payment processing fees, at Stripe's then-current rates for the relevant card type, which are passed through to the Partner at cost. Stripe's current rates are displayed at https://stripe.com/gb/pricing and may be changed by Stripe from time to time; and
(b) a Styler platform fee of 0.4% of the transaction value.
The combined fee is deducted automatically from each transaction before funds are paid out to the Partner's Stripe Connected Account.
13.3
Styler may, in its sole discretion, change the Styler platform fee at any time with 30 days' notice to the Partner. Changes to Stripe's processing rates are made by Stripe and take effect when applied by Stripe; Styler will reflect current Stripe rates on the Styler website. The Partner's continued use of the Styler Services after a Styler fee change takes effect will be deemed acceptance of the new fee.
13.4
Styler will make available to the Partner a record of each subscription charge and any additional fees. Receipts are issued to the registered Partner email address for each payment taken, and payment history is available via the Styler Hub and/or the Partner's Stripe receipts.
13.5
If a payment is missed, Styler may deny you access to the Styler Hub, Styler Business App and/or Styler Booking System. If you have any issues with paying your outstanding balance within the required timeframe, please get in touch as soon as possible via [email protected].
13.6
The Partner shall be responsible for any refunds, chargebacks, banking charges or other administrative expenses incurred by Styler as a result of Partner’s failure to notify and update details and/or arrangements, including but not limited to:
Bank account details
Cancellation of a direct debit mandate;
Insufficient funds
Card expiry
13.7
Styler reserves the right to charge interest on all amounts payable to Styler from the Partner which are not paid by the relevant due date at the annual rate of 4% above the official base rate from time to time of the Bank of England. Such interest will accrue on a daily basis from the date on which payment became overdue up to the date on which Styler receives the full outstanding amount together with all accrued interest.
13.8
Styler reserves the right to deduct any sums payable to Styler by the Partner and any such Bank Charges, from any balance collected by Styler on behalf of the Partner, prior to onward payments.
13.9
In the event of a dispute between Styler and the Partner regarding any charge, the Partner must notify Styler of its disagreement within 14 days of the charge being taken, setting out in detail the reason. If the Partner fails to do so, the charge shall be deemed accepted by the Partner.
13.10
Styler is not responsible for payment disputes between the Partner and Customer. It is the responsibility of the partner to implement accurate pricing structures and deposit amounts.
13.11
Payment reports for Styler Partner services can be self generated by the Partner via their Stripe Connected Account.
13.12
Applicable debits (Service Fees) include:
Violation: Service Fees owed to Styler for the Partner’s breach of terms outlined in this Agreement or in other commercial agreements executed between Styler and the Partner;
Freedom of Information Request: We can provide you with all the information we hold about your account, however we will charge an admin fee upon request.
Payment Incorrect: Credits owed to Styler by a Partner due to an incorrect payment.
13.13
Applicable credits include:
Payment Incorrect: Credits owed by Styler to a Partner to correct for incorrect Invoice totals;
Bonus: Credits owed by Styler to a Partner for bonuses granted by us;
Refund: Credits owed by Styler to a Partner as a refund for Service Fees;
Credit: Credits owed by Styler to a Partner as a credit or grant towards future Service;
Fees: Credits owed by Styler to a Partner for other types of compensation;
13.14
In the event of fraudulent or alleged fraudulent activities by the Partner or if Styler is required by law, court order, governmental instruction, arbitrational decision or by its cancellation policy to make a refund, of all or part of a Booking, Styler reserves the right to claim repayment from the Partner.
13.16
Any breach of this clause 13 by the Partner will be a Material Breach of this Agreement.
14. Terms Of Agreement
This Agreement commences on the Effective Date and continues until terminated. The Partner may terminate by cancelling their subscription at any time, with effect from the end of their current paid Billing Cycle or Annual Term (as applicable, and subject to Sections 3.8 and 3.10). Styler may terminate this Agreement on not less than 30 days' written notice. In addition, either party may terminate with immediate effect if:
The other party commits a Material Breach of any of the provisions of this Agreement (as defined throughout this Agreement), and either that breach is not capable of being remedied or, in the case of a breach capable of remedy, that party fails to remedy the same within 7 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied.
The other party is in persistent non-material breach (whether remediable or not) of any of the provisions of this Agreement.
An encumbrancer takes possession or a receiver is appointed over any of the property or assets of that other party.
That other party makes any voluntary arrangement with its creditors or becomes subject to an administration order.
That other party goes into liquidation (except for the purposes of amalgamation or reconstruction and in such manner that the company resulting there from effectively agrees to be bound by or assume the obligations imposed on that other party under this Agreement).
Anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to that other party.
The other party ceases, or threatens to cease, to carry on business. Termination of this Agreement, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination.
15. Confidentiality
Each party acknowledges that, whether by virtue of and in the course of this Agreement or otherwise, it may receive or otherwise become aware of information relating to the other party, their marketing plans, their clients, customers, businesses, business plans, finances, technology or affairs, which is proprietary and confidential to the other party ("Confidential Information").
Each party undertakes to maintain and procure the maintenance of the confidentiality of Confidential Information at all times and to keep and procure the keeping of all Confidential Information secure and protected against theft, damage, loss or unauthorised access, and not at any time, whether during the term of this Agreement or at any time thereafter, without the prior written consent of the owner of the Confidential Information, directly or indirectly, use, disclose, exploit, copy or modify any Confidential Information, or authorise or permit any third-party to do the same, other than for the sole purpose of the performance of its rights and obligations hereunder.
The terms of and obligations imposed by this clause 13 shall not apply to any Confidential Information which:
at the time of receipt by the recipient is in the public domain;
subsequently comes into the public domain through no fault of the recipient, its officers, employees or agents;
is lawfully received by the recipient from a third-party on an unrestricted basis; or
is already known to the recipient before receipt hereunder.
The recipient may disclose Confidential Information in confidence to a professional adviser of the recipient or if it is required to do so by law, regulation or order of a competent authority.
This clause shall survive the termination or expiry of this Agreement.
16. Liability
Limitations of Liability: Without prejudice to the next paragraph, Styler’s maximum aggregate liability under or in connection with this Agreement, or any related contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the Service Fees due and payable to Styler hereunder on the date of the event giving rise to the relevant claim. Further, Styler shall not be liable for any loss of income or profits, loss of contracts, goodwill, or other intangible losses or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise (even if Styler has been advised by the Partner of the possibility of such loss or damage).
Liability Under Applicable Law: Nothing in this Agreement shall exclude or in any way limit Styler’s liability for fraud or for death or personal injury caused by its negligence or for its willful default or any other liability to the extent the same may not be excluded or limited as a matter of law. This Section 16 in its entirety shall survive the termination or expiry of this Agreement.
17. General
Notices: All communications and notices from you must be sent to us by email at [email protected]. Our customer support team will aim to get back to you within 2-4 working days.
Severability: If any of these Terms of Business are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Governing Law: This Agreement will be governed by and construed in accordance with the laws of England. You and we each agree that the English courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Services booked via a Partner's website and/or app, powered by Styler.
Interpretation: Where applicable, words in these Booking Terms and Conditions that are defined in the singular shall retain the same definition in the plural, and vice versa. Words in the masculine include the feminine, and vice versa. No regard for gender is intended by the language in these Booking Terms and Conditions.
Ownership: All rights to the Website, App, Partner Sites and the content on it, including, without limitation, Customer reviews, save for Partner Content, and all other Intellectual Property Rights belonging to or licensed to Styler remain vested in Styler at all times. Nothing in this Agreement shall give the Partner any rights in respect of any such Intellectual Property Rights or of the goodwill associated therewith. In order to streamline the Website and the content on it (including the Partner Content), Styler may, at its absolute discretion and from time to time, amend the format, content and style of venue page descriptions, photos and menus.
Consent to Communicate: Styler may contact the Partner via email, mobile or SMS using the contact information provided on the Styler Software and may be in connection to Bookings or other questions regarding our Services and/or the services provided by the Partner.
Change of Management: In the event of a change of control or senior management of the Partner, the Partner must bring the existence and terms of this Agreement to the new owner or manager’s attention and inform Styler of the relevant new personnel’s contact details.
Amendments: We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities, so please review our terms regularly.
Successors and Assignees: Neither party may assign, transfer, charge, sub-contract or otherwise deal with any part or all of this Agreement without the prior written consent of the other party (not to be unreasonably withheld, conditioned or delayed).
Rights of Third-Parties: A person who is not a party to this Agreement has no right to enforce any term of this Agreement.
Non-Waiver of Rights: The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.