The following are the terms and conditions for the use of the NeoHair internet platform dedicated to facilitating the management of a hair salon or group of hair salons. NeoHair internet platform is owned and provided by NeoPrimus sp. z o.o. with its seat in Cracow, Poland, entered into the Register of Entrepreneurs, which is kept by the District Court of Cracow-Śródmieście IX Economic Department of the National Court Register under the number 330338, taxpayer identification number: 6762399096 (hereinafter: NeoPrimus).
- In these Terms of Services, the following words have the meanings set out below:
- a) "Agreement" means these Terms of Services applying to customers who have their seats within the territory of all countries except for Poland;
- b) "BETA Period" means the period before the release of the final version of the Platform. During this period use of the Platform is free for all Customers. NeoPrimus will notify Customers about the termination of the BETA period by posting information on the Platform at least 7 days before the termination;
- c) "Customer" means a hair salon or group of hair salons which underwent a registering procedure on the Platform;
- d) "Fee Schedule" means the schedule of fees for Services posted by NeoPrimus on the Platform;
- e) "Platform" means NeoHair internet platform owned and hosted by NeoPrimus dedicated to facilitating management of a hair salon or group of hair salons, available under an address: neohair.com;
- g) "Services" mean services offered by NeoPrimus on the Platform;
- h) "Trial Period" means the period of free use of the Platform counted individually for each Customer from the day of Registration, regardless of the BETA Period. The duration of the Trial Period will be defined in the Fee Schedule.
2. Description of the Services
- Under this Agreement NeoPrimus provides the Customer with access to the Platform which allows to facilitate the management of a hair salon or group of hair salons, in particular by:
- a) offering an online appointment booking system with real time reservations;
- b) tracking Customer’s clients and stylists schedules;
- c) offering Customer’s clients records management.
3. SMS Notification System
- a) The Platform provides the Customer with an SMS Notification System which informs the Customers’ clients about appointed visits, current promotions, anniversaries, etc. SMS notifications are available in 3 packages: Standard, Silver and Gold, and they vary in the number of SMSs and price. The number of SMSs and prices in every type of package will be defined in the Fee Schedule;
- b) Regardless of the BETA Period or Trial Period, SMS packages are chargeable.
4. Technical requirements
- To use the Services, the Customer will ensure that there is a properly configured computer with effective internet access, a browser (currently Mozilla Firefox Version 2 or later, Internet Explorer version 7.0 or later) and a functioning and valid e-mail address.
- a) To register for the Services, the Customer must complete the registration process by providing NeoPrimus with true, accurate and complete information, as referred to in the registration form, including an e-mail address and password. If You are registering on behalf of a company, by registering You agree that You have the requisite authority to register on behalf of such a company.
- b) The Customer will be responsible for maintaining the confidentiality of the password, and will be solely liable for all actions taken via the Customer’s account and using the Customer’s password, whether they were made with the Customer’s knowledge or authority, or not.
- c) The Customer ensures that any information provided during registration, or at any time thereafter, is true, accurate and complete and that they will update all such information as necessary to maintain its truth, accuracy and completeness.
- d) Registration signifies that the Customer has read, understands and agrees to be bound by the Agreement. If the Customer does not agree to the Agreement, the Customer will not be authorised to accomplish the registration.
6. Fees and Payments
- a) The Customer agrees to pay all charges as set out in the Fee Schedule. The Customer agrees that the address and e-mail address, provided in the Customer’s account settings, are valid business addresses and that NeoPrimus may invoice the Customer to such addresses.
- b) NeoPrimus reserves the right to give to or withdraw from the Customer a discount in a current settlement period. After issuing an invoice the price disclosed on an invoice will not be changed.
- c) NeoPrimus reserves the right, at any time and at its own discretion, to change any fees and any other pricing terms. Any changes will be posted on the Platform in the Fee Schedule. Changes will be effective immediately. Logging in will mean the Customer’s acceptance of the current wording of the Fee Schedule.
- d) NeoPrimus will invoice the Customer on a monthly basis, upon completion, for all amounts due to the Fee Schedule.
- e) The Customers will be charged as soon as a visit appointed via the Platform is completed. The Customers will not be charged for a visit, appointed via the Platform if the visit has been cancelled.
- f) The first invoice will be issued within a 30-day period from the first day of chargeable (i.e. not the Beta Period or Trial Period) use of the Platform. Nevertheless, if the Customer registers on the Platform between 29th and 31st day of the calendar month, the invoices will be issued on 28th day of every following month.
- g) The Customer pays in advance for SMS packages. Unused SMS credits are not refundable.
- h) For Customers from the European Union, fees are quoted in EUR. For Customers from other countries, fees are quoted in U.S. Dollars.
- i) If the fee calculated in a certain 30-day period does not exceed 10 U.S. Dollars or 10 EUR, NeoPrimus will charge this fee to a future 30-day period in which the aggregated fee exceeded 10 U.S. Dollars or 10 EUR.
- j) PayPal is accepted as the only payment system. Payments realised by other means will not be accepted.
- k) If, for whatever reason, the Customer’s payment does not go through within the term stated on the invoice, NeoPrimus reserves the right to suspend the Customer’s access to the Platform. The access will be restored after the payment is entered in NeoPrimus’ accounting system.
7. Data Protection
- a) The Customer is aware that operation of the Platform may be subject to interference from various factors outside NeoPrimus’ control. Moreover, scheduled and preventive maintenance, as well as required and emergency maintenance work, may temporarily interrupt Services or access to the Platform. If such interruption limits or ceases the Customer’s access to the Services, the amount on the invoice will be reduced proportionally to the duration of the interruption.
- b) In any case NeoPrimus’ responsibility will not exceed the amount disclosed on the invoice, referring to the month preceding an interruption. However, NeoPrimus will take full responsibility for deliberate damage.
- c) NeoPrimus will not be responsible for any interruption caused by the Customer.
- This Agreement will commence on the date when the Customer accepts these Terms of Services and will remain in force unless terminated by either Party for any reason at any time with immediate effect.
10. Modifications to Terms of Services
- NeoPrimus reserves the right to change the terms and conditions of this Agreement at any time. In such a case NeoPrimus will notify Customers by posting an upgraded version of this Agreement on the Platform. Logging in will mean the Customer’s acceptance of the current wording of the Agreement.
11. Transmission of information restriction
- The Customer will not transmit information that infringes the rights of others, or is abusive, defamatory, discriminatory, harassing, invasive of personal privacy, offensive, pornographic, racist, threatening, violent, vulgar, obscene or otherwise objectionable.
- The Customer is entitled to complain about the Services if the operation of the Platform is interfered with for reasons unknown to the Customer, or the Services are rendered contrary to the Agreement. The complaint will provide the identification data of the plaintiff (at least name, surname, and login) and the grounds of the complaint. All complaints will be transmitted to the following address: firstname.lastname@example.org
The Customer has 14 days of the date the problem occurs to file a complaint. NeoPrimus will respond to a complaint within 14 days.
- The Customers are liable for all data transmitted by them to the Platform, and indemnify NeoPrimus against any and all claims by third parties arising from violations of rights in relation to data submitted by the Customers. The Customers are liable for all actions which are undertaken on the Platform on their behalf, and indemnify NeoPrimus against all claims arising from these actions.
- The Parties will keep all information they receive confidential, in relation to execution of this Agreement and which is either marked "confidential", or is by its nature confidential.
- The above obligation will not apply to information which is or becomes known to the general public, which is known to the Party from other sources, without obligation to keep it confidential and without a breach of this Agreement or which is independently developed by the receiving Party without the use of confidential information.
- The confidentiality obligation does not violate the obligation of each Party to submit information to the relevant authorities.
- This Agreement will be governed by and construed in accordance with Polish law and the Parties hereby submit to the exclusive jurisdiction of the Polish court, which has jurisdiction over the NeoPrimus seat in respect of any dispute or matter arising out of, or connected with, this Agreement.