BeautiPRO Terms


Introduction

These BeautiPRO Terms below set out all the legal stuff you need to know about using Beautifl’s unique bookings management system, to take bookings, take payment for those bookings and send your clients automated reminders.

Please read these BeautiPro Terms carefully before you use Beautifl to take bookings or provide services as it’s really important that you know all of your rights and responsibilities.

If you open a BeautiPRO account, that tells us that you’ve read the BeautiPRO Terms and will comply with them. 

By opening a BeautiPRO account to take bookings or sell Beauty Downloads you confirm that you are not a consumer.

Our Relationship

When you open a BeautiPRO account you appoint Beautifl as your commercial agent to take payment from Beautifl users and agree bookings for your services on your behalf.  Although we take bookings for you, you’re responsible for providing your services and not Beautifl.  

We’ll refer to the users who have made a booking with you as ‘Clients’. 

In order to make bookings on your behalf, you authorise us to provide information to your Client that is necessary for them to receive the service you provide. This information includes:

If anyone (including your Client) suffers any loss or damage as a result of your services, you (and not Beautifl) are responsible (and liable) to that person (including your Client) for that loss or damage. 

We’ll pay you the amounts we receive from your Clients as pre-payment for your services, minus our fees (as described below).

We are each independent contractors and nothing in this contract makes us partners, joint venturers or co-owners.

We will use reasonable endeavours to make Beautifl.com available, and to allow you to access all of the features on Beautifl.com. We will perform our obligations with reasonable skill and care. We do not guarantee that Beautifl.com will be error free, fit for any specific purpose you have or that it will be available all of the time.

This contract is personal to you so you can’t transfer (or assign) it to anyone else.

Only you and Beautifl are parties to this contract.  This contract doesn’t give anyone else any rights and nobody else can enforce it.

Stripe

We use Stripe to provide the following payment processing on Beautifl.com:

In order for Stripe to process these payments, Stripe needs to open a Connected Account on Stripe’s platform. By opening a BeautiPRO account, you agree to Stripe’s Connected Account Agreement

Booking Fees

Beautifl charges you the following ‘Booking Fees’:

The amounts left to pay to you (once we have deducted the Booking Fees), are your ‘Earnings’.

Commission

If your client books an appointment with you and then buys Beautifl Hair from us, or buys Beautifl Hair and has it shipped to you, we will pay you £15 for every transaction over the value of £150.

Our payment of commission to you for Beautifl Hair is entirely discretionary and we can stop paying you this commission in our discretion, by providing you with written notice.

Paying You

When you set up your BeautiPRO account, you gave us details of a bank account or card that would receive your payments.  We will pay you these amounts every Friday, starting on the second Friday after you set up your payment details.   Beautifl isn’t responsible for any consequences of the account details you provided us being incorrect.

As well as your Earnings, we’ll also pay you:

If you cancelled any bookings, you authorise us to deduct the payments for those bookings (which would be the deposit or, if the booking was fully paid for, the full value) from the amounts we pay you.  We’ll call these deductions ‘Cancellation Refunds’. If at the time you cancel we’ve already paid you the Cancellation Refund, you authorise us to deduct it from the next payment we make to you.

If your client pays for a service in full and the service went ahead, we will pay you a deposit of 25% of the service amount and the remainder will be paid within 2 days after you upload a Proof of Service in your dashboard, or 7 days after the date of the service, whichever is sooner. A Proof of Service can be any evidence that the service has been completed, such as a screen shot of a video call or a picture of a shipping receipt. You can find the Upload a Proof of Service form by clicking into the booking information for an appointment in your dashboard.

If the client paid in full for a service that did not go ahead because you cancelled it or otherwise failed to perform the service, you authorise us to deduct the amounts paid by the client for that service from the amounts we pay you. We reserve the right to withhold the amount of any disputed service fees from the Commission we would otherwise pay you. We are not responsible for refunding your client if they are not satisfied with the service.

You’re responsible for all taxes on any amounts we pay to you, including income tax or corporation tax (depending on whether you’re an individual or a company).  You must pay all taxes that you’re required to by law. If you’re unsure about whether you need to pay tax, please see a tax advisor.

As you’re providing the services (not Beautifl), if you’re VAT registered it’s your responsibility to charge Clients VAT and provide them a VAT receipt.

Your Responsibilities

You agree to:

  • provide the services to the same (or better) standard as other beauty professionals that provide services that are the same as or similar to the services;
  • comply with the Beautifl Terms & Conditions;
  • treat all Clients and Beautifl users with respect, courtesy and dignity;
  • complete all bookings received through Beautifl.com except in the case of unforeseen situations that you could not have avoided (like sickness); 
  • comply with all laws and regulations in the provision of the services and in your interactions with users (including marketing laws); and
  • ensure you have all licences, consents, authorities, qualifications and insurances that you’re legally required to have as a provider of your beauty services. 

Beautifl provides the Client with the option to have Beautifl Hair shipped directly to you. You agree that Beautifl can ship hair to the salon address you provided to us and that you will accept your Client’s hair as agent on their behalf.

Whilst you have your Client’s hair, you must treat take reasonable care of it and must not damage it, lose it or use it for yourself or for any other person. You will be responsible to your Client for any hair that you accept on their behalf.

If your Client’s appointment is cancelled, you must provide reasonable cooperation to your Client and allow them to arrange with you to collect their hair.

You must click the ‘Hair Received’ button on your dashboard to notify your Client whenever you receive their hair.

Your Contract with your Client

When a Client makes make a payment to secure your booking, we’ll send the Client a booking confirmation email confirming your appointment on your behalf.

The contract between you and the Client only comes into effect when we send the booking confirmation.

The terms of that contract with your Client are:

Your contract with your Client is governed by English law and is subject to the exclusive jurisdiction of the English courts.

Important Booking Terms

You have the option to select Important Booking Terms that will appear on your Beautifl profile page and will also be highlighted to Clients when they are paying for their services.

These Important Booking Terms form part of your contract with your Client so it’s really important that you read and understand them.

Waiting List

If an appointment is not showing in your calendar as being available, a user can join your Waiting List.  If a slot becomes available, Beautifl will send all users on your Waiting List a link, at the same time and by email, telling them that the slot is available.   Clicking the link will take the user directly to the payment page for that slot.  

Once a Client books a slot from the Waiting List, all of the Beautifl Terms & Conditions and the BeautiPRO Terms will apply as usual, including the Cancellation Policy.

The slots emailed to those on the Waiting List are allocated on a first come, first served basis. 

Payment

At the check-out the Client has the option to make full payment or pay a deposit.  If they choose to make full payment, they have nothing else to pay for at your appointment, unless one of the Important Booking Terms applies (such as a late arrival fee), in which case they’ll need to pay you for the extras on the day of the appointment.  

If they choose to pay a deposit, they’ll need to pay you the balance of the price of the service at the appointment, plus any extras (such as a late arrival fee).  

Your Important Booking Terms must specify how you want to receive payment (card, cash, bank transfer) for the service on the day of the appointment.  You have the right to refuse to provide your service if the Client is not able to demonstrate that it has the means to pay.

You’re responsible for collecting any extra fees (such as a late arrival fee) from your Clients.

Cancellation Policy

You agree to the Cancellation Policy and to Beautifl’s right to refund the Client in accordance with the Cancellation Policy.

We decide whether to pay you a Cancellation Fee using our reasonable discretion. This means that if the client provides details of extenuating services, we may decide not to charge a Cancellation Fee and we will not be liable to pay you a Cancellation Fee.

Health

You must comply with the UK government’s guidance on operating beauty businesses safely. We have summarised the guidance on our Covid-19 Guidance page. Full details of the government’s guidance on Covid-19 for salons and other ‘close contact services’ is available here.

Check with your Client whether they have a health or physical condition that you think could impact your service or might require you to take special steps to keep you safe or comfortable.  For example, if they have any Covid-19 symptoms or allergies to a product or have a physical disability. 

You’re entitled to cancel the appointment if your Client has a health or physical condition that you think could impact the service or might require you to take special steps to keep them safe or comfortable or if you reasonably suspect they have Covid-19 or symptoms of Covid-19.

If you choose to continue with the appointment, you do so at your own risk.

If you cancel the appointment in these circumstances:

Client Service and Complaints

If users contact you on Beautifl, you must respond as soon as you reasonably can.

If your Client is unhappy with your service or you’re unhappy with your Client, you should discuss it with your Client and see whether a resolution to the issue can be agreed.  You must do everything you can to resolve the issue professionally and amicably with the Client. This may involve reducing the balance payable as a gesture of goodwill.

If you’re unable to resolve the matter with your Client within 14 days, email us at unhappy@beautifl.com with details of the service, the issue and also any evidence you have of the dispute.  We’ll then contact the Client and attempt to resolve the issue.  

If we’re unable to resolve the issue, we may (only if we choose to) make a goodwill gesture of our choice; for example, if your Client didn’t pay you, we may pay you for some or all of the cost of your service. Please note that we have no obligation to make any goodwill gesture or provide any payment. 

You’re directly responsible to the Client for any issues with your services or for any legal liability which arises from your services.

Your Profile Content & Prices

You’re responsible for all of the information that is posted on your Beautifl profile page.  You must make sure that it is accurate, correct and not misleading. Except for extras (such as late arrival fees) that are clearly listed in your Important Booking Terms, you cannot charge Clients more than the price of the service that is listed on your page and included in the booking confirmation.  

If you’ve uploaded photos or connected an Instagram account, you must make sure that all photos are of your work and your clients. These photos cannot contain nudity, obscenity or depict or convey anything that is illegal or would harass, offend or promote violence or hate. 

You can’t upload pictures of anyone that hasn’t consented to their picture being uploaded.

Beauty Downloads

You must make sure that all videos you upload for sale to clients are your own work. These videos cannot contain:

The content of your video must match the description you include with it, be of satisfactory quality and be fit for the purpose you describe in the video description.

If we discover that a Beauty Download uploaded by you breaches this section or any other part of the Terms & Conditions, we may:

Postal Services

Beautifl will provide your Client with your salon address for the Client to send their hair to you. Alternatively, your Client may purchase Beautifl Hair and request that we ship it directly to you.

You must complete your Client’s service within 14 days after receiving their hair. If you do not complete the Client’s service and ship their hair back to them within this timeframe, the Client has the right to cancel the service and receive a full refund, including their deposit.

1-2-1 Virtual Beauty Lessons

You must contact your Client within within 48 hours prior to a scheduled 1-2-1 Virtual Beauty Lesson to exchange video conference information.

If you have not provided your Client with video conference information by 1 hour prior to the scheduled 1-2-1 Virtual Beauty Lesson, the Client has the right to cancel the service and receive a full refund, including their deposit.

Photographs

If you intend to take pictures of your Client to be uploaded to social media, and they can be identified from the picture (i.e. their face is partially or fully visible) you must get their permission to take and upload the picture.  It is best to do this by including the requirement for a picture in your Important Booking Terms.

If you haven’t included it in your Important Booking Terms, ask your Client to send you a written confirmation via Beautifl Messaging before you post the picture.

Even if your Client consented to having their picture taken, you must still allow the Client to change their mind.  If your Client wants to change their mind, they’ll need to do this in writing by sending you a message through Beautifl Messaging.

We’ll monitor Clients who change their minds about their picture being posted and, if they do this frequently, suspend their accounts and their ability to book through Beautifl.

If you post pictures without the Client’s permission (either because it wasn’t originally given or the Client later changes their mind), we’ll have the right to cancel your account.  

Promotion

We are aware that sometimes BeautiPROs provide services for influencers for free in exchange for promotion, posting pictures, being tagged etc.  We don’t recommend these arrangements but if you do, we recommend clearly setting out all of the details of your arrangement in writing (preferably an email) and including the in the email full details of your arrangement such as:

In this section, a ‘Client’ includes an influencer that you’ve provided a free service to.

Reviews

All Clients who have completed a booking with you will be asked to leave an honest review of yourservice.  You can respond to the review on Beautifl.com but your response cannot be aggressive, rude, confrontational or threatening.  

If you think a review is dishonest or malicious, flag the review using the button and tell us immediately by emailing unahppy@beautifl.com.  

Please do not contact a Client outside of the Beautifl platform to respond to a negative review.

Insurance

When you provide a service, you’re carrying out a contractual obligation with your Client.  If you break that contract, for example by providing a poor quality service, your Client can take legal action against you.  

We highly recommend that you take out insurance to cover any liabilities you may have, including the cost of defending claims brought by Clients (even Clients who are in the wrong).

Beautifl is not responsible for arranging insurance for you.

Qualifications

We highly recommend that you join a professional body and get professional beauty qualifications for the services that you offer.

The professional bodies and accreditation agencies we recognise are:

Some services have a high risk of injury to Clients if they are not carried out safely.  For this reason, we’ll only allow BeautiPROs who are insured and qualified to provide the following services:

If you’d like to offer these services, send us details of your insurance and your qualifications to qualifications@beautifl.com. We have the right to verify your qualifications with the accrediting body.

Data Protection

This section sets out legal obligations and information that we are required to include under data protection laws.  In this section, “controller”, “processor”, “data subject”, “personal data”, “personal data breach”, “process”, “processing” and “appropriate technical and organisational measures” have the meanings given to them in the General Data Protection Regulation (GDPR).

Each of us (i.e. you and Beautifl) must comply with the GDPR. 

When a Client makes a booking, you’re the controller of the personal data contained in that booking confirmation, being the Client’s name, email address and telephone number.  Beautifl is the processor that processes that personal data on your behalf in order to confirm bookings. When Beautifl processes personal data on your behalf, Beautifl will:

The sub-processors appointed  by Beautifl are AWS and Fortrabbit.

Beautifl is separately a controller of all of the information a user provides to Beautifl (or that Beautifl collects about a user on Beautifl.com).  This means that each of us, i.e. you and Beautifl, are separately controllers of some of the same personal data, but we are not joint controllers.

As a controller, each of us has obligations under GDPR to handle personal data in an accordance with the law.  In summary, you must keep the data secure, must not transfer it to anyone and should not use it for a purpose other than communicating with your Client about the service they have booked (all as explained in the Privacy Policy).  Further information about each of our obligations as controllers can be found here https://ico.org.uk/for-organisations/in-your-sector/business/.

If you become aware of any personal data breach (e.g. someone having unauthorised access to your Client personal data), you must tell us immediately after you become aware.

Term and Termination

This contract comes into effect on the date you click ‘Sure, sign me up’ on Beautifl.com and continues until either of us cancels it.

If you want to cancel, you can do this at any time by clicking the ‘Close my BeautiPRO’ account on your dashboard.

We can cancel this contract immediately if:

We can also cancel this contract by giving you 7 days’ notice, even if you haven’t done anything wrong. 

Once your account is cancelled (by us or by you), your Beautifl Profile Page will be deactivated and you won’t be able to take any more bookings using the Bookings Service.

Your dashboard and access to your calendar and data will continue to be available for 90 days after your cancellation to enable you to download your data and manage your final Beautifl bookings.

If your account is cancelled, we’ll pay you any payments owed to you (minus any amounts we’re entitled to withhold), within 30 days after your account is cancelled.

Confidentiality

The content of our interactions with you and your interactions with your Client, are both confidential.  By ‘interactions’ we mean any personal communication including emails, phone calls, SMS, social media messaging and messaging on Beautifl.  

The personal information you have about your Clients is also confidential.  This includes their name, address, email, telephone number, social media details and their identity (e.g. photographs of them). Please don’t disclose or publish any confidential information to anyone except:

Our Liability

This section sets out Beautifl’s liability to you in connection with your use of Beautifl as a trader, including to take bookings and to sell Beauty Downloads. This section does not apply to you when you use your BeautiPRO account to make a booking as a client (consumer) of another BeautiPRO.

We don’t accept any liability for: economic loss of any type; loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss or corruption of data; loss of goodwill; lost deposits; obtaining substitutes for Beautifl.com; loss of opportunity; travel costs; or wasted time, in each case, whether direct or indirect.  We are not responsible for any indirect loss.

Our aggregate liability to you for all claims arising in any 12-month period, from or in connection with your use of Beautifl as a trader, shall not exceed 50% of the Booking Fees retained by us in respect of bookings and Beauty Downloads booked and/or purchased by your clients during that 12-month period.

If a person (whether a company or an individual, including a Client) or a regulatory authority makes a claim against Beautifl, but that claim is caused by you breaching the Beautifl Terms & Conditions or these BeautiPRO Terms (including your responsibility to comply with law), you’ll be responsible for reimbursing us for our recoverable losses resulting from that claim, including the cost of defending the claim, amounts paid to the claimant and/or to any other third party to settle the claim, and the cost of any fines imposed on Beautifl by a court or a regulator.  This section will apply even after your BeautiPRO account has closed.

Nothing in this section or in the Beautifl Terms & Conditions affects your statutory rights, and nothing in this section or in the Beautifl Terms & Conditions limits or excludes or liability for our fraud, death or personal injury caused by our negligence or for anything else that cannot be excluded or limited under English law.

Circumstances outside of our control

We won’t be responsible if Beautifl.com is not available or if we cannot perform our obligations or if we are delayed in performing our obligations, in each case, because of events outside of our reasonable control.  These include strikes, failures of third party systems or networks, failure of third party suppliers, acts of god, natural disasters, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.  

If any of these things happen we’ll try to reduce the impact on you and will keep you updated on the status of Beautifl.com.

Entire Contract

Our contract with you as a trader is made up of the Terms of Use, these BeautiPRO Terms and the Beautifl Privacy Policy.

Our contract with you constitutes the entire understanding between you and Beautifl concerning your use of Beautifl as a trader.  Our contract supersedes all prior proposals, marketing materials, understandings, representations (whether negligently or innocently made), agreements and other written or oral communications between us on any medium (including social media).  

You acknowledge that you haven’t relied upon, and will have no remedy (whether in equity, contract or tort (including negligence or negligent misstatement)) for any statement, representation or promise (whether negligently or innocently made) that is not expressly set out in this contract with you.

Our contract cannot be changed unless that change is addressed specifically to you (by name), documented in writing and is signed by the Beautifl Head of Legal.  Any purported attempt to change any term of our contract in any other way is void and has no effect; this includes oral agreements and any terms you may include in an invoice or communication with us.

Effect of an Unenforceable Term

If any of these BeautiPRO Terms are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, that term will be treated as being deleted from the BeautiPRO Terms, and the rest of the BeautiPRO Terms will continue to be valid.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from or related to this contract.

These BeautiPRO Terms are governed by English law.

Complaints

If you find any content on Beautifl.com to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, illegal or deceptive in any way, please tell us by emailing us at unhappy@beautifl.com and we’ll do our best to fix the issue as soon as possible.

Getting in touch

If you’d like to get in touch you can email us at hey@beautifl.com.  If you’d like to write, you can send letters to Beautifl Limited, 27 Old Gloucester Street, London, WC1N 3AX.