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Contract Terms and Conditions
This agreement defines the terms and conditions that apply to each registered member of VirtualSalons.com.
Definitions
For the purposes of this agreement, the following terms apply:
1. Registered member: A registered member of VirtualSalons.com is anyone using the online appointment book, email marketing, and/or individual web page services in any available format. This term can include licensed professionals, salons or spas logging in to view a professionals schedule, and clients logging in to make appointments.
2. Individual Beauty Professional (IBP): Service providers that are fee-based members of VirtualSalons.com. Referred to as “IBP” throughout this agreement.
3. Clients: Refers to clients of Individual Beauty Professionals.
4. Salon/Spa: Refers to any place of business that is authorized by a registered individual beauty professional to view and operate their online appointment book in order to view and schedule appointments only.
5. Online Appointment Book: Customizable appointment book accessible from any device that is Internet accessible.
6. Email Marketing Program: Optional fee-based service available to any individual beauty professional that is currently using VirtualSalons.com online appointment services.
7. Individual Web Page: Optional fee-based service available to any individual beauty professional that is currently using VirtualSalons.com online appointment services.
8. VirtualSalons.com system refers to any components of the patent-pending web based software and/or business methodology combining online appointment services, confidential client records, email marketing, and web page services.
Enrollment in VirtualSalons.com
To begin services, an IBP will sign up for fee-based online appointment book services for a fixed monthly fee (Optional Emarketing and Web services are also available.) Immediate access is given to the registered IBP that signs up online via an email confirmation with their active username and password. Upon confirmation that the IBP has entered service information, existing appointments, and professional preferences to customize function of their online schedule, the IBP’s clients and third party user (the salon or spa) will have access to begin making online appointments. A third party user (salon/spa) will have access only if the IBP has given permission for a third party to view and alter their schedule.
Individual Beauty Professionals Obligations
1. Each IBP will be solely responsible to secure equipment to access the Internet.
2. IBP’s are solely responsible to acquire and maintain Internet Service.
3. It is the sole responsibility of each IBP to contract independent repair service for computer systems and Internet connection. VirtualSalons.com makes no claim to provide suggestion or technical help for computer equipment or Internet service.
4. VirtualSalons.com will not be responsible for damages or claims an IBP incurs due to cable/Internet outages and events related to third party or equipment malfunctions that are out of the scope of VirtualSalons.com services.
5. IBP’s are responsible to check their schedule daily and it is recommended that each day’s schedule be printed a minimum of 24 hours prior to when services are to be performed. In the event that an IBP is denied access to their schedule due to equipment malfunction or third party outages, VirtualSalons.com will supply the IBP’s schedule via telephone or fax for a period of three business days without additional charges. Fees will be charged for additional days at $10 per call to retrieve schedules.
6. Individual IBP’s are responsible to keep their password information private at all times.
7. Each IBP is responsible to track their income for tax purposes. The online appointment book offers a reporting feature to assist this process by totaling service fees collected for specific date ranges but does not include tips and/or other compensation and is not intended to be a representation of all income.
8. It is the sole responsibility of IBP to monitor and change password and administration access to avoid unauthorized access to their online appointment book at all times. For example, each IBP is responsible to change their third party access password when salon personnel changes or they no longer want to provide access to the third party.
9. IBP’s are responsible to be sure that VirtualSalons.com has valid payment information in their personal PayPal account at all times. Nonpayment for services will result in immediate disconnect at the discretion of VirtualSalons.com.
VirtualSalons.com Obligations
1. VirtualSalons.com is obligated to have the online system functioning at all times that fees are collected for service.
2. Scheduled maintenance and program updating are not expected to interrupt service at any time, but VirtualSalons.com is not responsible for third party activity. Advance notice for interruption or potential interruption will be given whenever possible.
3. VirtualSalons.com is obligated to maintain all functions and programming involved with our advertised services at no additional cost to IBP’s.
4. All registered members will have the opportunity to opt out of VirtualSalons.com email communications list at any time.
5. All clients will have the opportunity to opt out of their IBP’s email communications list at any time as required by law.
Payments
Monthly payments must be made through a personal PayPal account or VirtualSalons.com services will be discontinued. Payments made be made online or by calling 888-474-8018. Appointments scheduled prior to disconnect will be provided to the IBP via phone or fax at their request. Services will be reinstated for an IBP that has defaulted in their monthly payments when their monthly service fee and a $25 service charge have been paid.
Termination
This agreement becomes effective at the date of registration for VirtualSalons.com services and ends when terminated by either party in accordance with this agreement. This agreement may be terminated by VirtualSalons.com with or without cause, and with or without notice to IBP’s and registered members, and by IBP’s or registered members with or without cause by canceling service effective immediately and by removing all reference to VirtualSalons.com in their client communications. Immediately upon notification to VirtualSalons.com by an IBP or registered member of intent to discontinue services, VirtualSalons.com services will terminate, as will all terms of this agreement.
Modification
At any time, and at VirtualSalons.com sole discretion VirtualSalons.com may modify any of the terms of this agreement and terms and conditions contained in this agreement by (1) posting a change notice or new agreement on www.virtualsalons.com (2) emailing and/or mailing a revised agreement to all registered members. If any modification of the agreement is unacceptable to an IBP or registered member, their only recourse is to terminate use of VirtualSalons.com services immediately. Continued use of VirtualSalons.com services following the posted change or notice of new agreement will constitute binding acceptance of the modification.
Disclaimer
The VirtualSalons.com site and related services are provided “As Is” with no warranty, and VirtualSalons.com expressly disclaims any warranty, express or implied, regarding the VirtualSalons.com site, including any warranty of money savings and function. In addition, VirtualSalons.com makes no representation or warranty that the links, tracking data, the operation of VirtualSalons.com site, operation of the third party hosting, and systems for tracking and reporting online schedules and other VirtualSalons.com services will be uninterrupted or error-free, and VirtualSalons.com shall not be liable for the consequences of any interruptions or errors including without limitation, loss of data. VirtualSalons.com shall have no liabilities or obligations under any warranty or otherwise to any clients for damages arising out of or in connection with the delivery, use or performance of VirtualSalons.com services.
License Grant
Each registered member of VirtualSalons.com is granted a limited, non-exclusive, royalty-free, nontransferable, worldwide license, without the right to sublicense, to use, or to reproduce, publicly perform, distribute or display VirtualSalons.com features and content solely in the form delivered by VirtualSalons.com. A VirtualSalons.com registered member in good standing may use the name and likeness of VirtualSalons.com web site or logo only in an effort to market online appointment book services to their clients.
Reservation of Rights
VirtualSalons.com reserves all rights other than those set forth in this agreement. VirtualSalons.com reserves all right, title, and interest in and to the VirtualSalons.com brand features, content and website together with all Intellectual Property thereto.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL VIRTUALSALONS.COM BE LIABLE WHETHER IN TORT, CONTRACT OR OTHERWISE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS) ARISING FROM OR RELATING TO ANY PROVISION OF THIS AGREEMENT OR VIRTUALSALONS.COM SERVICES.
Authority
The person entering into this Agreement is acting on one's behalf, and such person represents to VirtualSalons.com that he or she is an individual, 18 years of age or older, who is a U.S. citizen or permanent resident and is not a citizen or permanent resident of Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria. The person entering this agreement with VirtualSalons.com is considered an IBP responsible to manage and maintain their account information. It is the sole responsibility of IBP to monitor and change password and administration access to avoid unauthorized access to their online appointment book at all times.
Publicity
Registered members, IBP, third party users and the general public shall not create, publish, distribute, or permit any written material that makes reference to VirtualSalons.com without first submitting such material to VirtualSalons.com and receiving written consent from VirtualSalons.com except as set forth in this agreement to encourage clients of IBP’s to use a registered members online schedule.
Relationship of Parties
Registered members, IBP’s and VirtualSalons.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties. Registered members and IBP’s will have no authority to make or accept any offers or representations on VirtualSalons.com’s behalf. Registered members or IBP’s will not make any statement, whether on web sites or otherwise, that reasonably would contradict anything in this Section. Registered members and IBP’s, as an independent contractor, will have sole responsibility for its expenses, employees, sales representatives and agents.
Communications. Affiliate agrees that by becoming a VirtualSalons.com registered member / IBP, VirtualSalons.com will contact you on a periodic basis with information about VirtualSalons.com programs and services.
Geographic Scope. All the rights and obligations of both Intuit and Affiliate are valid only within the United States.
Miscellaneous
This Agreement shall be interpreted in accordance with the laws of the State of California without reference to conflicts of laws provisions, and any legal proceeding arising out of this Agreement will occur in San Francisco, California. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. This Agreement contains the entire agreement between VirtualSalons.com and Registered members/ IBP’s with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral, between VirtualSalons.com and Registered members/ IBP’s with respect to the subject matter hereof. Registered members/ IBP’s may not assign all or any part of this Agreement without VirtualSalons.com’s prior written consent. Except as set forth in the “Modification” section of this document, this Agreement may not be modified without the prior written consent of both parties.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN VIRTUALSALONS.COM PROGRAMS AND/OR SERVICES AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Terms, conditions, features, pricing, and service options are subject to change at the discretion of VirtualSalons.com,LLC.
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