Salon Iris Subscription Terms

Salon Iris Subscription Terms

Definitions

Charges” means charges to be paid by you calculated according to the software Subscription package chosen. “Services” means Salon Iris Ltd Software Subscription Products

User Policy” means any user policy we issue from time to time in relation to the Services, Salon Iris user license or General Terms & Conditions of Sale which you can view on your computer screen

Us” or “we” means the company named in our agreement with you: Salon Iris Ltd.

You” or “Your” means the customer(s) we make this agreement with and includes a person who we reasonably believe is acting with your authority or knowledge.

  1.  Duration

2.1 Your Salon Iris Ltd Subscription Agreement has a minimum term called a Contracted Period which is 12 months.  After that Contracted Period, you can end the Subscription by giving us 30 days’ written Notice and you will have to pay Charges during this notice period. Unless specified otherwise (such as in section 7), if you want to end the Agreement during the Minimum term or we end this Agreement as a result of your material breach, then you will have to pay a fee plus any applicable late payment fees equivalent to your Monthly Subscription Charges multiplied by the number of months left in your Minimum Contacted Period and if you’ve taken Equipment as part of this subscription, you will have to pay for it in full. No refunds are applicable under this plan for any previous or part month’s payments should you or we terminate this agreement.

  1.  Charges and Payment

3.1 You must pay all the Charges for the provision of Salon Iris Software for which we bill you (whether you use the software or someone else does), together with any Value Added Tax and any other taxes (at applicable rates from time to time), which apply in relation to any Charges  payable under this Agreement. You must pay your bill by the date specified in your bill. You will be liable for the Charges from the day on which we first make the Services available to you unless we notify you otherwise. All charges are made 1 month in advance in relation to all methods of payment.

3.2 Once active we will not change your billing amount.

3.3 You are required to pay your bills in full using the method you have chosen in this Agreement or as we have otherwise agreed. You will allow us to recover the Charges under any Credit Card / Debit Card or Direct Debit instruction you have given us. If you have chosen to pay by monthly Credit / Debit card or Direct Debit and we are unable to take payment in any one month we will contact you. We will charge late payment default fees if you fail to make your payments when due.

3.4 Late payment default fees will be charged as follows.

a) £20.00 for each failed Direct Debit collection on due date
b) £20.00 for each failed Credit / Debit Card collection on due date

  1.  Deposits

4.1 If we conduct a check of your credit worthiness and the results of that check do not satisfy us or if we reasonably decide that all our customers or a certain category of our customers must pay a deposit, we may require you to pay a deposit of a reasonable amount determined by us.

4.2 We may:

(i) Use all or part of your deposit to settle amounts due under this Agreement which are 7 days overdue.

  1.  Provision of Information

5.1 You are required to promptly and accurately give us all the information we may need so that we can perform our obligations under this Agreement. You must also inform us immediately of any change to any details you have provided to us.

5.2 We may share the information, which you provide with other companies through credit reference agencies to enable them to make hire decisions and occasionally for debt tracing and to prevent fraud.

  1.  Suspension of Services and Termination

6.1 As well as our other rights, we have the right to terminate this Agreement without notice and to claim for any losses in full or expenses incurred by us or to suspend the provision of the Services until further notice without notifying you if:

(i)    you do not make payments to us when they are due;

(ii)  you do not perform or observe any other obligation under this Agreement (a “breach”) and where you have breached this Agreement and that breach can be remedied, you fail to remedy the breach within the reasonable time specified by us in our written notice requiring you to do so;

(iii)  a voluntary arrangement is proposed, or a bankruptcy petition is presented or a bankruptcy order is made against you or in Scotland you are sequestrated or a receiver or trustee is appointed of your estate;

(iv)  we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services from us or at any time during the provision of the Services

(v)  you or another person at your premises use the services, or are suspected, in our reasonable opinion, of involvement in fraud or attempted fraud in connection with the use of the Services or violate the Salon Iris user license in any way.

(vi)  we are required to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority;

(vii)  you do or allow anything to be done which is in breach of our User Policy; or

(viii)  we are specifically entitled to do so under any other condition of this Agreement.

6.2 Any exercise of our right to suspend the Services shall not exclude our right to later terminate this Agreement. We may refuse to restore the Services to you until we receive an acceptable assurance from you that there will be no further breach.

6.3 You must reimburse us all reasonable costs and expenses incurred in any suspension and / or recommencement of the provision of the Services. This will not apply where the suspension is not due to your breach, fault, or omission or is agreed between us. You will continue to be liable to pay all Charges, which are due for the Services during the period of suspension, and any period in which you do not comply with this Agreement.

6.4 As well as your other rights, you shall have the right to terminate this Agreement by notice to us in writing if we fail to perform or observe any obligation under this Agreement and (in the case of a breach capable of remedy) we fail to remedy the breach within the reasonable time specified by you in your written notice requiring us to do so.

6.5 On termination of this Agreement you shall return all software at your cost to our offices within 14 days of the date of termination. If you do not return the software we shall be entitled to bill you and you shall be liable to pay for the cost of replacing the software, and unless the termination is due to our breach you shall continue to be responsible for the payment of Charges until the software has been returned or its replacement value paid.

  1.  Cancellation Rights

7.1 You may cancel the Services without penalty in the following circumstances:

7.1.1 if we increase our Charges to you, for the same software package you may cancel those Services in respect of which the Charges have increased by giving us one month’s notice in writing within 30 days of charges increase.

  1.  Assignment

This Agreement is personal to you and therefore it may not be assigned or transferred by you to any other person without our prior written consent. For business reasons we have the right to assign this Agreement at any time to any company or person.

  1. Changing the Terms and Conditions Where any of the following occurs:

(i)  there is any change or amendment to any law or regulation which applies to our trading, operating or business practices or policy;

(ii)  the Director General of the Financial Conduct Authority (FCA) or any other competent Government department or regulatory body makes any direction or order recommending or requiring any technical modifications or changes in our trading, operating or business practices or policy. We reserve the right to change the terms and conditions of this  Agreement and/or the Services which we provide to you as soon as is reasonably practicable by giving written notice to you prior to the changes being introduced referring to this Condition. We will also publish details of any changes (including the operative date) on our web site as soon as possible prior to the changes being introduced.

  1. Unforeseeable Events

Neither party is liable for any breach of this Agreement which is caused by something beyond their reasonable control including Acts of God, fire, lightening, extremely severe weather, flood, a national or local emergency, explosion, war, military operations, civil disorder, damage / interruption to the Salon Iris or supplementary web services, terrorism, vandalism, industrial disputes, or acts of local or central Government or other competent authorities.

  1. Severability

If any provision or part of a provision of this Agreement is held invalid, illegal or unenforceable for any reason, it shall be severed and the rest of the provisions in this Agreement shall continue as if the Agreement had commenced without that provision or part of that provision.

  1. Waiver

The failure by either you or us to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of such right or to bar the exercise or enforcement of it or any other right.

  1. Notices

Notices given under this Agreement should be delivered by hand or by prepaid first class post or electronic mail either:

(i)  to us: at the address on this Agreement or on the last invoice or  to an alternative address

notified to you;

(ii)  at the address in this Agreement or to an alternative address notified to us.

  1. Law

This Agreement is subject to the laws of England.

Salon Iris Ltd.
Unit 6 Amber Business Village,
Amber Close,
Tamworth
B77 4RP

E-mail: info@saloniris.co.uk
Web Site: www.saloniris.co.uk
Phone: 0121 314 4402

Company No: 5829542

Updated 01/01/2017

General Terms of Sale

Every quotation, pro-forma invoice, price list or other similar document made or issued by Salon Iris Ltd (“the company”) is made or issued subject to these General Terms and Conditions of Sale in conjunction with Payment Plan Terms and Conditions and End User License Agreement where appropriate. These terms and conditions do not affect consumers’ statutory rights as contained in current legislation governing the relationship between consumers and businesses.

Definitions

The Company means Salon Iris Ltd. The Customer or you, means the account applicant or person who buys or agree to buy goods / services from the company.

Acceptance of Orders

No order resulting from any quotation, pro-forma invoice, price list or other similar document made or issued by the company shall be binding unless and until it is accepted by the company. All sales are business to business and therefore final. The company at its absolute discretion may accept or reject any order whether on account of the equipment or software being no longer available or for any other reason whatsoever.

Product Specifications

The company warrants that the goods will be at the time of delivery correspond to the description given by the company. It is the responsibility of the customer to check the compatibility and suitability of goods for any particular purpose before ordering. The company hereby reserves the right to make without notice such minor modifications in specifications, designs or materials as it may deem necessary or desirable by experience.

Payment

The company’s normal terms of business are for full payments to be made at point of order of goods or services in respect of software or technical support services, payment will normally be taken for hardware upon dispatch of such, unless payment is by cheque when clearance of cheque’s may result in a delay in despatch of hardware or software goods. The contract will be deemed as active once payment has been received by the company.

Despatch

Customers will be given an estimated date of despatch when placing orders. If these dates are exceeded the company will endeavour to keep customers informed of the delay and an expected new delivery date. Customers may cancel their order at any time prior to despatch by contacting the Customer Services Department in writing. This should be sent to the Customer Services Manager at the company’s registered address. If payment has been made by cheque a refund will be issued within 14 days of written receipt of the cancellation order.

Delivery

Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the company shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. The risk in the goods shall pass from the company to the customer upon delivery of such goods to the customer.

Damages and Shortages

The customer shall report any damage or shortage to the company initially within 48 hours of receipt of goods and also to the company and the carriers in writing within 7 days of delivery. Provided prompt notice of transit damage or loss is given and provided it is proved to the company’s satisfaction that such damage occurred in transit in the UK but not otherwise, the company will refund, repair or replace such equipment free of charge to the customer.

Ownership and Risk

The risk in the goods shall pass from the company to the customer upon delivery of such goods to the customer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the customer until the company has received in cash or full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the company and the customer under which the goods were delivered.

Warranty & Returns

In addition to any manufacturer’s warranty all products, except consumables, to include Gift Cards and input devices, are covered by our own 12 month warranty. If you wish to return any faulty item you must first contact our Technical Support Department and obtain a Product Returns Number. You must use any manufacturer repair service or onsite arrangement provided. Any onsite arrangements apply to mainland UK only.

Product Misuse

Should any equipment malfunction as a result of abnormal environmental factors including without prejudice to the generality of the foregoing mains power transients or dropouts, electromagnetic interference, extremes of humidity, dust or other air borne contaminants, hair, vibration, electrostatic damage, liquid ingress, temperature or pressure or chemical corrosion then all costs incurred by the company in repairing such equipment and investigating the causes of the malfunction shall be payable to the company.

Force Majeure

The company will not be liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, war, terrorist act, legislation or other cause beyond the companies’ reasonable control. This does not affect your statutory rights. If the company chooses not to enforce a right under this agreement, that decision will not prevent the enforcement of other rights, or the same right on a later occasion.

Liability

Under no circumstances shall the company be responsible for any indirect, incidental or consequential damages.

Software

Support is only provided for Salon Iris software. Salon Iris ltd does not provide support for 3rd party software under any circumstances. The purchaser agrees that by installing this software they have read, understand & agree to be bound by these and the full terms & conditions found in the licence agreement and supplementary notices posted on our web site. No refunds are given on software purchased or refunds on part payment under our payment plan scheme, all sales are final. Any 3rd party product, client, service lists / files are supplied on an ‘AS IS’ basis. As such Salon Iris Ltd does not accept any liability as to its accuracy. By importing this / these data file(s) into Salon Iris software the end user agrees to indemnify Salon Iris Ltd against claims for any indirect, special, incidental or consequential damages of any character including, without limitation; damages for loss of goodwill, work stoppage, computer failure or malfunction, or all other commercial damages or losses.

Distance Selling Regulations

The terms and conditions of sale detailed below are provided for your information, in line with legislation contained in Consumer Protection (Distance Selling) Regulations 2000. This legislation covers items bought where there is no direct contact between the supplier and the consumer. It does not apply where goods are bought for business use, from showrooms, fairs or exhibitions.

Your contract is with:

Salon Iris ltd
Unit 6 Amber Business Village
Amber Close
Tamworth
Staffordshire B77 4RP

Telephone: +44 (0)121 314 4402

If you have any questions or complaints regarding the company, these can be addressed to the Customer Services Manager at the above address. The company will endeavour to acknowledge written complaints within 5 working days. The time it takes to reach complete resolution of complaints will be governed by the nature and complexity of the issue but we will endeavour to ensure that customers are informed of the progress of complaints as appropriate.

Details of the specification, price and arrangements for payment of the goods purchased by distance selling are available on our website, in our company publications and will also be provided on invoices dispatched with your order. The Salon Iris sales team are happy to send a quote by email detailing specifications, or customers may want to print out copies of web orders for their records. Distance Selling regulations allow for a cooling off period of 7 days from receipt of goods covered under the legislation. Customers may return specified goods without reason within this period for a refund. This excludes goods made to the customer’s specifications or goods intended for business use. It does not apply to goods intended for everyday consumption. Video recordings or computer software unsealed by the consumer are also excluded. Goods returned have to be complete and in a resalable condition including original packaging. The cost of returning and appropriately insuring the goods until satisfactory receipt at the company will be borne by the customer. To cancel the contract under the terms of the Direct Selling legislation with the company the Customer Services Manager must be contacted in writing at the above address within 7 days of receipt of the goods. The customer will be required to return the goods to the company before a refund can be processed. The Customer Services department will then contact the customer with a RETURN TO MANUFACTURER number within 5 working days. This number must be quoted on all returned goods so that the goods can be properly identified. The company cannot be held responsible for goods returned without proper identification.

Online Backup Terms Of Use

General Terms

These terms of service (“Terms“) govern your access and use of all Salon Iris Ltd Livedrive services so please read them carefully before using the services.

By using the services you agree to be bound by these Terms in their entirety.

If you are using the services on behalf of an organisation then you are agreeing to these terms for that organisation and are warranting that you have the authority to bind that organisation to these terms. In that case “you” and “your” will refer to that organisation.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Salon iris Ltd Livedrive and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

Your Files and Privacy

By using our Services you provide us with information, files, and folders that you submit to Livedrive (together, “your files“). You retain full ownership to your files. We don’t claim any ownership of any of it. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing them at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that Livedrive has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services. 

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services. 

Software and Updates

Some of our Services require you to download a client software package (“Software”). Livedrive hereby grants you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.

Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorised that activity. You should immediately notify Salon Iris Ltd & Livedrive of any unauthorised use of your account.

Your General Responsibilities

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Salon Iris Ltd & Livedrive, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not Salon Iris Ltd or Livedrive, are responsible for maintaining and protecting all of your files. Salon Iris Ltd or Livedrive will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files. Ensuring but not limited to you having a working always on internet connection to allow the service to operate.

You must report to Salon Iris Ltd any fault related to the satisfactory operation of Salon Iris software within 2 business working days to minimise the risk of back up data being outdated. This service is provided solely for the backup and restoration of Salon Iris Ltd software products data.

If your contact information or other information related to your account, changes, you must notify us promptly and keep your information current.

Home Copy Usage

Your free home copy allows you to backup one home PC up to 1TB of data. You can extend this service to unlimited storage for just £3.00 per month on your home copy. You can add further computers (for family and friends) for just £3.00 per month (1TB storage) or unlimited storage per computer for just £5.00 per month per computer.

Limitation of Liability

THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Salon Iris Ltd or Livedrive will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SALON IRIS LTD , LIVEDRIVE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SALON IRIS LTD OR LIVEDRIVE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF £20 OR THE AMOUNTS PAID BY YOU TO SALON IRIS LTD OR LIVEDRIVE FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. .

Termination

You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If we terminate your service for breach of these terms no refund of any fees paid to  Salon Iris Ltd or Livedrive relating to your service will be offered. If we terminate your service for any other reason than breach of these terms, or at our sole discretion, then we may refund unused portion of fees paid for the Services on a pro-rate basis.

Jurisdiction

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY UNITED KINGDOM LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF LONDON, UK AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you Salon Iris Ltd and Livedrive with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Salon Iris Ltd  or Livedrive’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Salon Iris Ltd, Livedrive may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Salon Iris Ltd, Livedrive and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Salon Iris Software