BEAUTY FOREVER SERVICES TERMS AND CONDITIONS 1. INTRODUCTION: Beauty Forever (“Beauty Forever”) a Lebanese Spa Center, agrees to provide you (the “Client”) with Services (defined in section 5 below), subject to the Client’s compliance with the terms and conditions hereafter outlined (the “Terms and Conditions”). Please read the Terms and Conditions carefully. As a client engaging Beauty Forever for its Services, Client agrees to be bound by these Terms and Conditions, both for current and for any additional services for which it may contract with Beauty Forever, including all payment terms (collectively, the “Agreement”). By “Client,” as we use that term herein, we mean you, whether you are using the Services yourself, or whether you are securing the Services as agent for the actual client. In the latter case, you represent that you have authority to legally bind the client you are representing, and both you and the client you are representing are jointly and severally bound as if you each separately consented to this Agreement. 2. ACCEPTANCE OF THESE TERMS AND CONDITIONS: Client or its agent or representative verbally accepted a summary of key provisions related to payment, term of service, and Beauty Forever’s cancellation policy, and/or expressly accepted these Terms and Conditions in response to an email with confirmation link, and affirmative action in the form of checking the “acceptance” box and clicking “submit” following an opportunity to review these Terms and Conditions. In the event Client does not accept these Terms and Conditions within thirty (30) days of initial presentation of the Terms and Conditions to Client by Beauty Forever, then the offer by Beauty Forever to provide Services upon the pricing, terms, and conditions initially proposed shall be deemed withdrawn. Client may thereafter again request Services, in response to which Beauty Forever will present new pricing, terms, and conditions for Client’s consideration. Client acknowledges that, in the event Client has been referred to the Services by or through a Beauty Forever partnership promotion, then certain of these terms and conditions as indicated herein shall extend to and for the benefit of Beauty Forever’s promotional partner (hereafter “Promotional Partner”). In such event, Promotional Partner shall be considered a third-party beneficiary of the obligations of Client under these Terms and Conditions. Notwithstanding the foregoing, Beauty Forever makes no representations or warranties herein on behalf of any Promotional Partner. 3. THREE-DAY CANCELLATION: IF, SUBSEQUENT TO CLIENT’S VERBAL OR OTHER ACCEPTANCE OF THE SUMMARY TERMS AND CONDITIONS, CLIENT DOES NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, CLIENT MAY NOTIFY BEAUTY FOREVER WITHIN THREE (3) BUSINESS DAYS OF ITS ORDER BY EMAILING CLIENT’S NAME, BUSINESS NAME, EMAIL ADDRESS, PHYSICAL OR MAILING ADDRESS, AND DOMAIN TO [email protected] WITH “CANCEL SERVICES” IN THE SUBJECT LINE, AND THE SERVICES WILL BE CANCELED WITH NO FURTHER OBLIGATIONS BY EITHER PARTY, PROVIDED, HOWEVER, THAT NOTICE IS RECEIVED BEFORE 5 PM USA EASTERN STANDARD TIME AND CLIENT SHALL BE RESPONSIBLE FOR COSTS OF ALL SERVICES PROVIDED UNTIL SUCH CANCELLATION PROCEDURE IS FOLLOWED. FAILURE TO NOTIFY BEAUTY FOREVER OF THIS 3-DAY CANCELLATION ACCORDING TO THE PROCESS DEFINED ABOVE, ALONG WITH BEAUTY FOREVER’S ELECTRONIC RECORD OF THE CLIENT’S ACCEPTANCE SHALL BE DEEMED TO INDICATE THAT CLIENT WAIVES ITS RIGHT TO CANCEL (INCLUDING WITH RESPECT TO ANY AUTOMATICALLY RECURRING PAYMENTS), HAS READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREES TO BE BOUND BY THEM. 4. PERSONAL INFORMATION: By agreeing to these Terms and Conditions, Client also agrees to receive information from Beauty Forever regarding Client’s account, and about the Services provided to Client (together “Service Messages”). Client also agrees to receive marketing information from Beauty Forever about Beauty Forever promotions or announcements or offers to provide additional or enhanced services (“Marketing Messages”). During the time that Client is receiving the Services, Client cannot opt out of the Service Messages. If Client does not wish to receive the Marketing Messages, it must opt out by sending an email containing Client’s name and account number, with the subject line “Marketing Messages Opt-Out,” to [email protected] Whether or not Client accepts these Terms and Conditions, any personally identifiable information provided by Client shall be subject to Beauty Forever’s privacy policy, which can be read at http://beautyforever.co/privacy-policy/. In the event that Client provides its contact information to Beauty Forever and then either affirmatively rejects or has not within thirty (30) days accepted these Terms and Conditions, and as a result the Services are not provisioned, or following the expiration or cancellation of Services previously provided to Client, Client may continue to receive Marketing Messages from Beauty Forever. As above, if Client does not wish to receive the Marketing Messages, it must opt out by sending an email containing Client’s name and account number, with the subject line “Marketing Messages Opt-Out,” to [email protected] Any requests to opt out pursuant to the terms of this section will require a reasonable amount of time for processing by Beauty Forever, and Client may continue to receive messages during the processing period. 5. DESCRIPTION OF OUR SERVICES: Our services are the products and/or services by which Beauty Forever will market Client’s business/service through various online methods, websites, etc., listed under http://beautyforever.co/services/ (the “Services”). Regardless of the Services being provided to Client, Beauty Forever will provide to Client an Account Information Page which may be accessed by Client at any time to determine the status of Client’s account and the services provided by Beauty Forever. Client may at any time determine what Services are currently being provided by Beauty Forever by checking Client’s Account Information Page (accessible through the subscription email and the Reporting Portal) or by calling T. +(961) 1 863307 / M.+(961) 3 817666. Client should understand that clicks to Client’s site, including clicks on the search engines, shopping engines, content sites, etc. may include certain misspellings, singular/plural combinations, and other related search terms that _________ maps to Client’s campaigns. However, misspellings are becoming less common with new auto complete search engine technology. All keyword campaigns will include key terms, titles, and descriptions selected specifically with the intent to optimize return on spend. Unless Client has engaged Beauty Forever to provide a small-scale website, Client is responsible for the quality and accuracy of its own website and its landing page(s), or redirect websites that link to its advertisements. 6. FEES FOR BEAUTY FOREVER SERVICES: Client may at any time determine the fees and pricing currently applicable to any Service being provided by checking Client’s proposal link provided to the Client via email or by calling T. +(961) 1 863307 / M.+(961) 3 817666. By accepting these Terms and Conditions, Client expressly agrees to pay the fees and pricing for the Services requested, and which were communicated to Client at or before the time of acceptance. 7. PAYMENT: Client must pay via credit card to be automatically billed by Beauty Forever.
Client authorizes Beauty Forever, or Beauty Forever’s merchant services provider, to store Client’s financial information for the purpose of facilitating payment to Beauty Forever. It is Client’s responsibility to notify Beauty Forever, in writing, of any changes or updates to Client’s financial information, and Client is solely responsible for its failure to do so. All fees must be paid in United States dollars. Client is solely responsible for any applicable taxes. All fees are due in accordance with the agreed upon fee schedule, or immediately upon Client’s receipt of invoice, as applicable. Client agrees that any setup fees or one-time services payments are nonrefundable. 8. LATE PAYMENT: Payments made by billing of a credit card or debiting of a bank account are intended in part to avoid the inconvenience and cost to both parties of late or missed payments. However, it is Client’s responsibility to ensure that Beauty Forever has the most up-to-date credit card or bank account information, and that such methods are viable for payment of the fees due to Beauty Forever for the Services. In the event of a failure of the payment method authorized by Client, and one or more payments are made later than the due date, such late payments are subject to a late fee equal to the greater of $25 or 6% of the total payment due, but not to exceed the maximum amount allowed by applicable law. In addition to late fees, Client agrees to pay all attorneys fees and costs incurred by Beauty Forever for late payment collection efforts. 9. RECURRING PAYMENTS AND TERM OF AGREEMENT: Billing will occur in the form of a one-time payment or an automatically recurring monthly payment, as set forth in the specific product/service terms and conditions for the Service provided. IF BILLING IS TO INCLUDE AN AUTOMATICALLY RECURRING PAYMENT:
For clarity, if a Client were to engage Beauty Forever for Services with a 365 day contract term, and the initial sign-up date were August 1 of a given year, if Client wished to cancel the Services at the end of the contract term without incurring an additional month’s charge, Client would need to provide written notice of cancellation on or before July 29 – assuming July 29, 30, and 31 were business days. One-time fee offerings have no continuing term because the same are provided up front, the term thereof having been fulfilled upon initial delivery of the Service to Client. 10. EARLY TERMINATION FEE: In the event Client chooses to terminate services prior to completion of the contract term, and did not pay a setup fee when the Services were initially obtained, then Client agrees to pay an early termination fee, the amount of which will be determined by the total number of months in which Client has received and paid for the Services, prior to receipt by Beauty Forever of Client’s request for termination, as follows: If Client received and paid for the Services for less than three (3) full months, then Client will pay an early termination fee equal to one hundred percent (100%) of Client’s total monthly service fee(s) for the Services being terminated. If Client received and paid for the Services for at least three (3) full months, but less than five (5) full months, then Client will pay an early termination fee equal to seventy-five percent (75%) of Client’s total monthly service fee(s) for the Services being terminated. If Client received and paid for the Services for five (5) full months or more, then Client will pay an early termination fee equal to fifty percent (50%) of Client’s total monthly service fee(s) for the Services being terminated. The number of months will be determined from the actual date of Client’s initial sign-up; from that date to the same calendar day of the following month will be one (1) month, and so forth. 11. MODIFICATION: Client understands that Beauty Forever may modify its standard terms and conditions and service offerings from time to time and that Beauty Forever reserves the right to adjust the pricing of such services, effective upon the next automatic renewal date of the affected Service(s), after not less than thirty (30) days’ advance written notice to Client. Following the fulfilment of initial contract terms, if the contract does not provide for automatic renewal for an additional term of more than one month, then the contract shall be considered month-to-month and Client may be subject to revised terms and conditions and/or pricing following receipt of such notice. Client is encouraged to enter a long-term contract or contracts to fix pricing, terms, and conditions. 12. ACCESS: Client is authorized to access Beauty Forever -owned, operated, or hosted websites that require log in or account information solely to manage Client’s account(s). Client agrees that it will not use the site or any content therein for any other purpose and that it will not disseminate or distribute any of said information. Client’s right to access its account with Beauty Forever is personal to Client and non-assignable and is subject to any limits established by Beauty Forever. Client agrees that it will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access Client’s account with Beauty Forever or to monitor or copy Beauty Forever’s website or the content contained therein, except those automated means expressly made available by Beauty Forever. 13. LATENCY: Client understands that, any information or data provided by Client to Beauty Forever may not be processed on a real-time basis and may be subject to the latency of the Internet, the Beauty Forever systems and network of third-party partners and search engines. 14. OWNERSHIP OF NON-CLIENT PROPERTY. Title and full ownership rights in and to the Services, together with any and all ideas, concepts, campaign optimizations, computer programs, and other technology supporting or otherwise relating to Beauty Forever’s operation of the Beauty Forever network, the Beauty Forever bid management, task management, and optimization platform and website(s) (collectively, the “Beauty Forever Materials”), shall remain at all times solely with Beauty Forever and/or with the respective outsourced service provider or author, or with Beauty Forever’s Promotional Partner if applicable and if Promotional Partner was the owner of the same. Client acknowledges that it has not acquired any ownership interest in the Beauty Forever Materials and will not acquire any ownership interest in the Beauty Forever Materials by reason of this Agreement. 15. CLIENT’S SITE: Unless Client’s website is designed and provided by Beauty Forever as a part of its Services, Client hereby acknowledges that neither Beauty Forever nor its Promotional Partner (if applicable) is responsible for the development, maintenance, and operation of the Client website(s), nor for any content or other materials that appear on, and all visitors to, the Client website(s), nor is Beauty Forever or its Promotional Partner responsible for order entry, payment processing, shipping, cancellations, returns, or customer service concerning orders placed on Client’s website(s). Client further warrants that it will not add to or place upon its site any Beauty Forever or Promotional Partner owned or licensed content, including but not limited to any Beauty Forever search listings, except pursuant to a separate signed affiliate agreement with Beauty Forever. 16. CLIENT REPRESENTATIONS AND WARRANTIES: Client represents and warrants to Beauty Forever, and to its Promotional Partner if applicable, that for and continuing throughout the term of this Agreement:
17. CLIENT COVENANTS: Client further agrees to perform as follows: Client will not hold Beauty Forever or its affiliates, or Promotional Partner or its affiliates, if applicable, liable or responsible for the activities of visitors who come to Client’s website(s) through Services. In the event that Client has been referred to the Services by or through an Beauty Forever partnership promotion, such that Promotional Partner is a beneficiary of these terms and conditions, Client agrees that Beauty Forever may share all data it obtains, including product performance data, with Promotional Partner, and Promotional Partner shall have the same rights to access and use said data as Beauty Forever itself. Client agrees that if the Services ordered from Beauty Forever include paid search management, and if the paid search management is being performed through an existing account rather than Beauty Forever’s account, then Client will grant Beauty Forever exclusive administrative access to said account. Client may retain read-only access, but will allow Beauty Forever to perform the Services without shared administrative rights. Client acknowledges that this is necessary for Beauty Forever to effectively perform the Services. Client will not, for a period of one (1) year following the date on which the term of this Agreement ends, either (a) solicit for employment any employee or independent contractor employed by Beauty Forever, (b) advise or encourage any employee or independent contractor employed by Beauty Forever to terminate employment with Beauty Forever, or (c) knowingly interfere or attempt to interfere with the employment relationship between Beauty Forever and any of its employees or with any relationship between Beauty Forever and any independent contractor who performs services for Beauty Forever. Notwithstanding the foregoing, general solicitations for employment (i.e., through job boards or general advertisements) and any employment relationship established as a result of responses to general solicitations for employment shall not be deemed a violation of this Client Covenant. If Client sells or promotes adult materials, alcohol or tobacco products, controlled substances, prescription medications or over-the-counter medications, or other age-restricted products and/or services, Client will: (i) have age verification on its sites’ home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted; and (iii) agrees that Client will indemnify Beauty Forever against any claims, losses, damages, fines, penalties, or the like which may be sought, assessed, or imposed as a result of Client’s sale or promotion of such products or services. 18. CLIENT INDEMNIFICATION OBLIGATIONS: Client agrees to indemnify, defend, and hold harmless Beauty Forever, its distribution partners including Promotional Partner if applicable, their respective licensors and licensees, and affiliated companies, and any of their respective officers, directors, employees, representatives, and agents (collectively the “Indemnified Parties”), from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Services performed on behalf of Client, Client’s website(s) or contents therein, Client’s conduct, acts or omissions, or any alleged or proven breach by Client of any term, condition, agreement, representation, or warranty herein. This indemnification excludes any Claim that arises solely from the acts or omissions of an Indemnified Party, as to that party. An Indemnified Party will notify Client of any claim, action, or demand for which indemnity is required in the reasonable opinion of Indemnified Party, and will cooperate with Client at Client’s expense. An Indemnified Party shall have sole discretion to accept or reject the law firm Client chooses to defend the Indemnified Party, which firm must be experienced in defending similar claims. Client may not settle any lawsuit or matter relating to the culpability or liability of an Indemnified Party without the prior written consent of that party. An Indemnified Party will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, Beauty Forever shall have the right to set off any liability of Client to Beauty Forever with respect to a Claim against any amounts held on deposit with Beauty Forever by Client. 19. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: Client acknowledges and agrees that it will not hold Beauty Forever, or Promotional Partner if applicable, liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s) in which the advertisements are published for whatever reason. Client further acknowledges and agrees that errors or mistakes in the performance of the Services, including but not limited to misspellings or miscommunications, do not create a right to refund for the Client. Client will give Beauty Forever timely notice and allow Beauty Forever a reasonable opportunity thereafter to cure any identified errors or omissions. Beauty Forever makes no representations or warranties relating to the results of Services, including without limitation, the number of impressions, click-throughs, or leads and any promotional effect or return on investment thereof. As Beauty Forever relies on third parties for certain data, Beauty Forever makes no guarantees regarding the accuracy, reliability, or completeness of any such data, including but not limited to usage statistics. In no event shall Beauty Forever or Promotional Partner if applicable, be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown. 20. ADDITIONAL ASSISTANCE: In the event Client requests or purchases any additional assistance, which may include, without limitation, adding tracking codes or making other changes to Client’s website(s), in connection with Service, then Client agrees to provide Beauty Forever with access to perform the requested or purchased additional assistance. Client acknowledges that any additional assistance provided by Beauty Forever is also subject to the limitations of liability in this Agreement. 21. SUCCESSORS AND ASSIGNS: Subject to the limitations set forth herein on assignment of this Agreement or the rights hereunder by Client, all of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns. Client agrees that any of its agents, representatives, employees, or any person or entity acting on its behalf with respect to the use of the Services, shall be bound by, and shall abide by, these Terms and Conditions. 22. CHOICE OF LAW; EXCLUSIVE VENUE: This Agreement shall be construed in accordance with the laws of the state of Lebanon, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court of competent jurisdiction in Beirut, Lebanon. 23. HEADINGS: Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof. 24. WAIVER: Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any other breach of default of this Agreement. 25. ENTIRE UNDERSTANDING: This document, with any other materials, documents, understandings, or agreements incorporated by reference herein, and any exhibit, schedule, or other supplementary document attached hereto, constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and cancelled in their entirety and are of no further force and effect. 26. ATTORNEYS’ FEES: In the event a dispute arises between the parties hereto, then the prevailing party in such dispute, whether or not a final decision is ultimately rendered by the court, shall be entitled to receive its attorneys’ fees reimbursed from the non-prevailing party. 27. NO THIRD PARTY BENEFICIARIES: The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the Parties, and where indicated, Promotional Partner, or their respective successors or permitted assigns. 28. SURVIVAL: The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination. 29. SEVERABILITY: In the event that any clause, term, or provision of this Agreement is found to unenforceable or otherwise disfavored under law or public policy such that a court of law would not enforce the same, then the same shall be severed from this Agreement and the remainder of the Agreement shall remain in full force and effect, and applied in a manner which most closely fulfils the original intent of the parties hereto.
BeautyForever 2014. All Rights Reserved. Privacy Policy | Terms of Use