MiShop.Local Limited (Trading as I’ma Hair Salon) Terms of Business
1. Introduction and appointment
1.1 I’ma Hairsalon Website Services is provided by MiShop.Local Limited trading as I’ma Hair Salon referred to as “we/our/us”, which provides its services to you, subject to the following Terms and Conditions ("Terms"), which may be updated by us from time to time without notice to you.
1.2 Our appointment shall be effective from the date upon which you pay the one-off set-up fee (Effective Date) and shall continue thereafter unless and until terminated by either party giving not less than 30 days written notice. If you terminate the Agreement, you will still remain liable to pay the Fee(s) due or which becomes due pursuant to clause 3. Termination of the Agreement will result in termination of the website.
1.3 Termination of this Agreement shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provisions herein which are expressly stated as or by reasonable interpretation implied as coming into or continuing in force after such termination.
2.1 I’ma Hairsalon Website Services is a “do it for you” (DIFY) web design and hosting service offered by us for a one-off fee in addition to an ongoing subscription charge per month per website.
2.2 We will build up to five (5) pages of a Website based on a standard template chosen by you. We will only start building your Website once you have chosen a template and provided us with the content, data and any other materials and information that we require from you in order for us to provide the service. We will provide full instructions and explain the process for selecting a website template and domain name and preparing content in a telephone consultation between you and us. We will send you a confirmation email once we have received the content supplied by you.
2.3 Using content supplied by you and us, we will prepare the content for your approval before building the website. Content includes business descriptions, images, logo, video, address details, opening hours, product information, price lists. You are required to approve the content by email before we build the website.
2.4 We will build your website for your review within seven (7) working days of the date we receive your confirmation email.
2.5 We will offer up to two (2) amendments to the content (but not the template) of the website prior to you approving the website to go live.
2.6 Depending on whether you have an existing website domain name, or are commissioning us for a new one, we will instruct you on what is needed in order for us to host the website using your chosen website domain name. Where you require a new domain, we will advise on what domains are available and purchase that domain on your behalf.
2.7 You are required to approve the website for go-live by email before we launch the website.
2.8 We will offer up to four (4) amendments to the content of your website per year from the day that your Website is live. A content amendment may include changes to words, opening times, prices and gallery images supplied by you including (for example) staff photos. No amendments may be made to the structure and layout of the template (within the terms of the agreement). Any content amendments that you have requested to your Website will be available for you to review within three (3) working days from the time of submission.
2.9 We will email you periodically to request for any content changes you may wish to make to your website.
2.10 In carrying out the Services, you hereby give us permission to store and edit your business information.
3. Fee and Payment
3.1 Our fee for carrying out these Services (Fees) shall be charged at our standard rate or as set out in the Offer.
3.2 The Fees shall be payable monthly in advance on the date set out in the Offer and we shall not commence providing you with the Services until we receive the first monthly payment.
3.3 Thereafter you shall pay us on a monthly basis on the monthly anniversary of Effective Date for the term of this Agreement.
3.4 The initial Set-Up Fee will be made using payment facility called Pay-A-Trader, the ongoing monthly fees will be collected by Direct Debit using a facility called AccessWallet. We shall send you an invoice electronically each month confirming that payment has been made.
3.5 For the avoidance of doubt, invoices will be issued by MiShop.local Ltd. Trading as I’ma Hair Salon.
4. Confidentiality and Third Parties
4.1 The Services that we provide are solely for you and (except with our express written agreement) no other person shall be entitled to use or rely on these services for any purpose.
5. Your Obligations
5.1 You warrant that you have the necessary authority and approvals to appoint us to carry out the Services under this Agreement.
5.2 You will provide us with all relevant information relating to the Business as soon as reasonably practicable after the Effective Date and promptly provide us with any other information which we may reasonably request in order for us to properly carry out the Services.
5.3 Unless you notify us otherwise, you warrant that all information provided to us under clause above is both complete and accurate.
5.5 You will fully co-operate with us in creating your Website content and ensuring that information is correct.
5.6 You will take full responsibility for reviewing and approving all content we use on your behalf and you will notify us immediately if any information needs to be amended, deleted or updated.
5.7 You hereby grant us a licence to use your company logo (where available) and name for the purpose of carrying out the Services and promoting your Business on-line.
5.8 You hereby permit us to use all information we receive from you in respect of the Business in any way we see fit and without limitation in order for us to properly provide you with the Services.
6. Warranties Liability and Indemnity
6.1 Whilst we endeavour, in carrying out the Services, to improve your online presence and reputation with potential customers, we do not warrant the same and you shall be responsible for carrying out your own online marketing on other websites and through other advertising campaigns.
6.2 You hereby acknowledge and agree that we do not act as agent for any Business Listing Website and 6.3 Our total liability whether in contract, tort or otherwise, for any loss or damage arising from or in connection with your instructions, this Agreement and the provision of these Services, is limited to an amount equivalent to the Fees paid by you to us under this Agreement. This limit applies to all causes of action against us in respect of or arising from or in any way connected with the work we undertake for you.
6.3 This Agreement states the full extent of our obligations and liabilities in respect of our performance of the Services. You agree that any condition, warranty representation or other term concerning the performance of the Services which might otherwise be implied into or incorporated in this Agreement, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law.
6.4 Nothing in this Agreement shall exclude or in any way limit either parties liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law.
6.5 You will fully indemnify us (and our officers and employees) against all liabilities, costs, expenses, damages and losses, including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses suffered or incurred by us arising out of performing the Services, any breach of the warranties and obligations contained in clause 5.
7. Entire Agreement
7.1 You hereby confirm that you have not entered into this Agreement in reliance upon any promises representation statement or undertakings written or oral made by or on behalf of us except for any which are expressly set out in this Agreement. You agree that this Agreement constitutes the entire agreement and understanding between us.
8.1 Any notice required to be given under this Agreement shall be in writing.
8.2 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
8.3 Any variation of this Agreement shall be in writing and signed by an authorised representative of both parties.
8.4 The failure of either party to enforce or to exercise at any time or for any period any term of or any right pursuant to this Agreement shall not be construed as a waiver of any such term or right and shall in no way affect that party’s right later to enforce or exercise it.
8.5 This Agreement shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees to submit to the exclusive jurisdiction of the Courts of England and Wales.
MiShop.Local Limited trading as I’maTM Hair Salon is registered in England under Company Number 7199333 with its registered office address at 3aSouth House, The Bond Estate, Bond Avenue, Milton Keynes Buckinghamshire MK11SW England