Agreement between User and beautyarrivalist.com
Welcome to beautyarrivalist.com. The beautyarrivalist.com website (the “Site”) is comprised of various web pages operated by BBA Beauty Arrivalist (“Beauty Arrival”). beautyarrivalist.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of beautyarrivalist.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
beautyarrivalist.com is an E-Commerce Site. Beauty Salon on and off-site
Visiting beautyarrivalist.com or sending emails to Beauty Arrival constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Beauty Arrival is not responsible for third party access to your account that results from theft or misappropriation of your account. Beauty Arrival and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Beauty Arrival does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use beautyarrivalist.com only with the permission of a parent or guardian.
Cancellations need to be 6hrs before the appointment and will be charged a $20 service charge. There is also a $10 nonrefundable booking fee for all cancellations.
Cancellations lesser than allotted time will charge half price of service plus a $10 nonrefundable booking fee
$10 booking fees are not refundable.
Links to Third Party Sites/Third Party Services
beautyarrivalist.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Beauty Arrival and Beauty Arrival is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Beauty Arrival is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Beauty Arrival of the site or any association with its operators.
Certain services made available via beautyarrivalist.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the beautyarrivalist.com domain, you hereby acknowledge and consent that Beauty Arrival may share such information and data with any third party with whom Beauty Arrival has a contractual relationship to provide the requested product, service or functionality on behalf of beautyarrivalist.com users and customers.
Additional Terms & Safety
Beauty specialists have a 1.5-hour time limit on all visits. Due to this, we suggest that clients have a caregiver or babysitter in place. We treat each home and visit as a professional working environment. In order to complete your session, we will need a working power outlet, running water from a sink that has both hot and cold water. The Specialist has to right to cancel any appointment in which the working environment is deemed to be unsafe. IN this case, the Specialist may cancel the visit with no repercussions to be sought. Because of COVID-19 All participants, Clients, and Specialists must wear face masks throughout time of the session. If this is not adhered to then the session will discontinue and no refunds shall be given.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Beauty Arrival or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Beauty Arrival content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Beauty Arrival and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Beauty Arrival or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Beauty Arrival has no obligation to monitor the Communication Services. However, Beauty Arrival reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Beauty Arrival reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Beauty Arrival reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Beauty Arrival’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Beauty Arrival does not control or endorse the content, messages or information found in any Communication Service and, therefore, Beauty Arrival specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized Beauty Arrival spokespersons, and their views do not necessarily reflect those of Beauty Arrival.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to beautyarrivalist.com or Posted on Any Beauty Arrival Web Page Beauty Arrival does not claim ownership of the materials you provide to beautyarrivalist.com (including feedback and suggestions) or post, upload, input or submit to any Beauty Arrival Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Beauty Arrival, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Beauty Arrival is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Beauty Arrival’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You will be able to connect your Beauty Arrival account to third party accounts. By connecting your Beauty Arrival account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Beauty Arrival from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Beauty Arrival Content accessed through beautyarrivalist.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Beauty Arrival, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Beauty Arrival reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Beauty Arrival in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Beauty Arrival agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BBA BEAUTY ARRIVALIST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BBA BEAUTY ARRIVALIST AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BBA BEAUTY ARRIVALIST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Beauty Arrival reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beauty Arrival as a result of this agreement or use of the Site. Beauty Arrival’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Beauty Arrival’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by Beauty Arrival with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Beauty Arrival with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Beauty Arrival with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
PAYMENT FOR SERVICES
Every Wednesday and Friday minus 2.9% Transaction fee
With provided terms agreed to when signing.
No other fees and/or expenses will be paid to the Contractor unless such fees and/or expenses have been
approved in advance by the appropriate executive on behalf of the Recipient in writing. The Contractor shall
solely responsible for any and all taxes, Social Security contributions or payments, disability insurance,
unemployment taxes, and other payroll type taxes applicable to such compensation.
For Business purposes. The Owner has requested and the Recipient agrees that the Recipient will protect the confidential material and information which may be disclosed between the Owner and the Recipient. Therefore, the parties agree as follows:
A. “Confidential Information” does not include:
- – matters of public knowledge that result from disclosure by the Owner;
- – information rightfully received by the Recipient from a third party without a duty of confidentiality;
- – information independently developed by the Recipient;
- – information disclosed by operation of law;
- – information disclosed by the Recipient with the prior written consent of the Owner;
and any other information that both parties agree in writing is not confidential.
II. PROTECTION OF CONFIDENTIAL INFORMATION. The Recipient understands and acknowledges that the Confidential Information has been developed or obtained by the Owner by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of the Owner which provides the Owner with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the Recipient of the Confidential Information, the Recipient agrees as follows:
- A. No Disclosure. The Recipient will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Owner.
- B. No Copying/Modifying. The Recipient will not copy or modify any Confidential Information without the prior written consent of the Owner.
- C. Unauthorized Use. The Recipient shall promptly advise the Owner if the Recipient becomes aware of any possible unauthorized disclosure or use of the Confidential Information.
- D. Application to Employees. The Recipient shall not disclose any Confidential Information to any employees of the Recipient, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of the Owner.
INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement (this “Agreement”) is made effective the date of this application. by and between Beauty Arrival, LLC, DBA; Beauty Arrivalist. (the “Recipient”), of 651 N.Broad st, Middletown, Delaware 19709, and (1)_________________ (Contractor), of (2)_________________(Salon name/if applicable). In this Agreement, the party who is contracting to receive the services shall be referred to as “Recipient”, and the party who will be providing the services shall be referred to as “Contractor.”
- 1. DESCRIPTION OF SERVICES. The Contractor will provide the following services (collectively, the “Services”):As Described with services performed.
- 3. TERM/TERMINATION. 7-10 day business days by email or right away if any misrepresentation or indecent representation of Beauty Arrival, LLC DBA Beauty Arrivalist or and affiliates. At that point termination of contract can be voided by authorized Receipts of Beauty Arrival LLC ,DBA Beauty Arrivalist.A regular, ongoing relationship of indefinite term is not contemplated. The Recipient has no right to assign services to the Contractor other than as specifically contemplated by this Agreement. However, the parties may mutually agree that the Contractor shall perform other services for the Recipient, pursuant to the terms of this Agreement.
- 4. RELATIONSHIP OF PARTIES. It is understood by the parties that the Contractor is an independent contractor with respect to the Recipient, and not an employee of the Recipient. The Recipient will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.It is contemplated that the relationship between the Contractor and the Recipient shall be a non-exclusive one. The Contractor also performs services for other organizations and/or individuals. The Recipient has no right to further inquire into the Contractor’s other activities.
- 5. RECIPIENT’S CONTROL. The Recipient has no right or power to control or otherwise interfere with the Contractor’s mode of effecting performance under this Agreement. The Recipient’s only concern is the result of the Contractor’s work, and not the means of accomplishing it. Except in extraordinary circumstances and when necessary, the Contractor shall perform the Services without direct supervision by the Recipient.
- 6. PROFESSIONAL CAPACITY. The Contractor is a professional who uses his or her own professional and business methods to perform services. The Contractor has not and will not receive training from the Recipient regarding how to perform the Services.
- 7. PERSONAL SERVICES NOT REQUIRED. The Contractor is required to render the Services personally and may not employ others to perform the Services on behalf of the Recipient without the Recipient’s knowledge or consent. If the Contractor has assistants, it is the Contractor’s responsibility to hire them and to provide materials for them.
- 8. NO LOCATION ON PREMISES. The Contractor has no desk or other equipment either located at or furnished by the Recipient. Except to the extent that the Contractor works in a territory as defined by the Recipient, his or her services are not integrated into the mainstream of the Recipient’s business.
- 9. NO SET WORK HOURS. The Contractor has no set hours of work. There is no requirement that the Contractor work full time or otherwise account for work hours.
- 10. EXPENSES PAID BY CONTRACTOR. The Contractor’s business and travel expenses are to be paid by the Contractor and not by the Recipient.
- 11. CONFIDENTIALITY. Contractor may have had access to proprietary, private and/or otherwise confidential information (“Confidential Information”) of the Recipient. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of the Recipient, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Recipient, and any and all trade secrets, customer lists, or pricing information of the Recipient. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. The Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Contractor, or divulge, disclose, or communicate in any manner any Confidential Information. The Contractor will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, the Contractor will return to the Recipient all Confidential Information, whether physical or electronic, and other items that were used, created, or controlled by the Contractor during the term of this Agreement.This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal.
- 12. NO RIGHT TO ACT AS AGENT. An “employer-employee” or “principal-agent” relationship is not created merely because (1) the Recipient has or retains the right to supervise or inspect the work as it progresses in order to ensure compliance with the terms of the contract or (2) the Recipient has or retains the right to stop work done improperly. The Contractor has no right to act as an agent for the Recipient and has an obligation to notify any involved parties that it is not an agent of the Recipient.
- 13. ENTIRE AGREEMENT. This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto.
- 14. WAIVER OF BREACH. The waiver by the Recipient of a breach of any provision of this Agreement by Contractor shall not operate or be construed as a waiver of any subsequent breach by Contractor.
- 15. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- 16. APPLICABLE LAW. This Agreement shall be governed by the laws of my state of which I’m licensed.
Changes to Terms
Beauty Arrival reserves the right, in its sole discretion, to change the Terms under which beautyarrivalist.com is offered. The most current version of the Terms will supersede all previous versions. Beauty Arrival encourages you to periodically review the Terms to stay informed of our updates.
Beauty Arrival welcomes your questions or comments regarding the Terms:
BBA Beauty Arrivalist 651 N.Broad st
Middletown, Delaware 19709
Email Address: firstname.lastname@example.org
Effective as of May 22, 2020[/vc_column_text][vc_column_text]