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1.1 Unless otherwise described above, the Services include a time limited appointment provided over the internet (“Web Appointment”), where one agent on behalf of TBS will provide high level advice and help concerning make up and beauty products to the Client. Unless the Booking Form specifies a specific agent to perform the Web Appointment, TBS is at their full discretion to appoint a designated agent to perform the Web Appointment to TBS’ own standards.
1.2 In consideration of the provision of the Services by TBS, the Client agrees to pay the Fee (as set out in the Booking Form).
1.3 The Fee payable is non-refundable where the Client has failed to cancel the Web Appointment to TBS in writing not less than 5 business days before the Web Appointment. The Deposit is also non-refundable where the Client fails to attend the Web Appointment on the agreed upon time and date. Without prejudice to clause 4.2, TBS reserves the right to refund any monies paid by Client in its absolute discretion.
1.4 Payment of the Fee shall be made by the online payment process as directed by TBS from time to time.
1.5 Without prejudice to any other right or remedy that it may have, if the Client fails to pay TBS any sum due under this Agreement on the due date, TBS may suspend all or part of the Services until payment has been made in full.
1.6 Unless otherwise stated, all sums payable to TBS under this Agreement are inclusive of VAT.
2.1 The Client shall:
2.1.1 provide all necessary information required by TBS for the purposes of the Web Appointment including but not limited to information regarding allergies or other relevant health conditions;
2.1.2 co-operate with and act in good faith towards TBS in all matters relating to the Services;
2.1.3 follow all reasonable instructions by TBS and take all necessary precautions to safeguard the Client’s health and comply with all relevant legislation as required to enable TBS to provide the Services; and
2.1.4 the Client is responsible for ensuring that the Client’s endpoint device, equipment and internet connection is of a good enough quality and to the correct standard for TBS to be able to provide the Services as agreed.
3.1 Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if (i) the other party commits a material breach of this Agreement and such breach is either not capable of remedy or, if capable of remedy, has not been remedied to the reasonable satisfaction of the other party within 7 days following receipt of such written notice of the breach; or (ii) the other party becomes bankrupt or insolvent within the meaning of section 123 of the Insolvency Act 1986.
3.2 Without affecting any other right or remedy available to it, TBS may terminate this Agreement with immediate effect by giving notice to the Client if:
3.2.1 the Web Appointment is cancelled;
3.2.2 the Client fails to pay any amount due under this Agreement; or
3.2.3 the Client breaches its obligations under clause 2.
3.3 Before terminating this Agreement further to clause 3.2.1, TBS shall offer the Client to reschedule the Web Appointment within a 14 day timeframe, unless the reasons for cancellation pursuant to clause 3.2.1 are outside TBS’ control and make a rescheduling impossible.
4.1 On termination or expiry of this Agreement the Client shall immediately pay to TBS any outstanding Fee and, in respect of the Services supplied but for which no invoice has been submitted, TBS may submit an invoice, which shall be payable immediately on receipt.
4.2 Where this Agreement has been terminated due to cancellation by TBS further to clause 3.2.1, TBS shall refund the Client any monies paid. No refund shall be payable in the circumstances where this Agreement is terminated pursuant to clauses 3.2.2-3.2.3.
5.1 Nothing in this Agreement shall limit or exclude TBS’s liability for:
5.1.1 death or personal injury caused by its negligence;
5.1.2 fraud or fraudulent misrepresentation.
5.2 TBS shall not be liable for any delay or changes to the Services and/or the Web Appointment caused by an act or omission of the Client or any third party outside the control of TBS.
5.3 TBS shall not be liable for any fees, losses, expenses, claims or damages in respect of any act or omission of a third party resulting in TBS’s failure to deliver any Services to the Client’s satisfaction or in accordance with this Agreement.
5.4 Subject to clause 5.1, the Client hereby release and forever discharge TBS and the TBS agent giving the Web Appointment, as well as any TBS affiliates and their respective officers, directors, agents, contractors, representatives, partners and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss, death or injury, which hereafter may be sustained related to their participation in the Web Appointment, the negligence or other acts, whether directly connected to the Web Appointment or not, caused by any action or the condition of the premises where their participation of the Web Appointment occurs, whether or not participating in Web Appointment.
5.5 Subject to clause 5.1, TBS’ total liability to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the total Fees paid by the Client under this Agreement.
6.1 Assignment. This Agreement is non-assignable by the Client. TBS shall be entitled to assign the benefit of this Agreement to any third party.
6.2 Entire Agreement. This Agreement constitutes the entire agreement, and supersedes any previous agreement, arrangement or understanding, (whether oral or written and whether between the parties or otherwise) relating to its subject matter except to the extent that the same is repeated in this Agreement.
6.3 Governing Law and Jurisdiction. This Agreement (and any non-contractual matters arising out of or in connection with it) shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.