{"id":95740,"date":"2021-04-22T11:35:36","date_gmt":"2021-04-22T11:35:36","guid":{"rendered":"https:\/\/www.phorest.com\/termsandconditions\/"},"modified":"2025-08-20T09:28:10","modified_gmt":"2025-08-20T09:28:10","slug":"termsandconditions","status":"publish","type":"page","link":"https:\/\/www.phorest.com\/ae\/termsandconditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"<b>NDEVOR SYSTEMS LIMITED<\/b><span style=\"font-weight: 400;\"> (reg. no. 369210) having its registered address at 9 Anglesea Row, Dublin 7, Ireland (trading as <\/span><b>PHOREST <\/b><span style=\"font-weight: 400;\">under registered business name no. 241895) (\u201c<\/span><b>Phorest<\/b><span style=\"font-weight: 400;\">\u201d, \u201c<\/span><b>we<\/b><span style=\"font-weight: 400;\">\u201d, \u201c<\/span><b>our<\/b><span style=\"font-weight: 400;\">\u201d, \u201c<\/span><b>us<\/b><span style=\"font-weight: 400;\">\u201d) designed and developed a software based service which (i) enables our customers to manage bookings and sales at their salon or spa; and (ii) enables them to create a customised mobile application for use by their clients in connection with their bookings system (the \u201cServices\u201d). We also offer to supply hardware to our customers in connection with their use of the Services (the \u201cHardware\u201d).<\/span>\n<h2><span style=\"font-weight: 400;\">1. Acceptance of Terms and Conditions<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">1.1 The supply and access to and use of our Services is always subject to and conditional on compliance with these terms and conditions and all applicable laws.\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">1.2 By completing our online registration form or signing our order form (as applicable) (an \u201c<\/span><b>Order<\/b><span style=\"font-weight: 400;\">\u201d), paying (i) the initial subscription amount relating to our Services; and (ii) where applicable, the agreed purchase price (or, where agreed, a deposit) in relation to any Hardware\u00a0 (each as stated in your Order) and clicking \u201cI AGREE\u201d you (\u201c<\/span><b>Customer<\/b><span style=\"font-weight: 400;\">\u201d or \u201c<\/span><b>you<\/b><span style=\"font-weight: 400;\">\u201d or \u201c<\/span><b>your<\/b><span style=\"font-weight: 400;\">\u201d) submit an offer to access and use our Services and, where applicable, purchase Hardware, subject to and in accordance with these terms and conditions at which time an agreement between us will be deemed to exist.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">1.3 These terms and conditions and the terms of your Order will form your agreement with us and will constitute the entire agreement between us in relation to their subject matter and supersede and extinguish all previous drafts, agreements, arrangements and understandings between us, whether written or oral.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">1.4 Phorest may change these terms at any time for a variety of reasons, such as to reflect changes in applicable laws or updates to Services, and to account for new services or functionality. The most current version will always be posted on https:\/\/www.phorest.com\/termsandconditions\/. If an amendment is material, as determined at Phorest\u2019s sole discretion, Phorest will notify you by email. You may also be notified of amendments while using our products or services. Changes will be effective no sooner than the day they are publicly posted. In order for some changes to be effective, applicable law may require Phorest to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms of a service, you should stop using that service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">1.5 Phorest constantly changes and improves the services we provide. Phorest may add, alter or remove functionality from a service at any time without prior notice. Phorest may also limit, suspend or discontinue a service at its discretion. If Phorest discontinues a service we will provide you with reasonable advance notice to provide you with an opportunity to obtain the services elsewhere.\u00a0<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">2. Supply of Services<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">2.1 We will provide the Services to you as stated in your Order and accepted by us and hereby grant you a non-exclusive, non-transferable personal right to access and use the Services.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">2.2 We will use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">2.3 You may only allow your employees to use the Services.\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">2.4 We will also make documentation relating to our Services available to you (the \u201c<\/span><b>Documentation<\/b><span style=\"font-weight: 400;\">\u201d).<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">2.5 The salon branded mobile app can only be selected from Phorest templates. In order for the app to be available for download in the Apple App Store, you will need to create an Apple Developer account . By creating this Apple Developer account, the salon or Spa agree to be responsible for the payment of any fees relating to setting up an account. Phorest are not liable for any costs associated with Apple and the set up of said Developer account.\u00a0 If at any point your Salon Branded App is not used by your clients over a certain period of time, Apple may remove the app from the App Store, this will not affect users who have the app installed on their devices already but may prevent new downloads. It is the responsibility of the Salon or Spa to ensure their app is available on the app store. Phorest will endeavour to work with Apple to reinstate the app however we are not liable for any costs incurred during this period.Phorest can hold no liability in terms of the performance of the app as it is provided through a third party mobile device. Please be aware that this app is optimised for the latest devices. Quality of appearance may not be consistent across other devices. The app will be disabled if the service contract falls into arrears. By submitting any design material to us, including any logos, you give us a worldwide, non-exclusive, royalty free, non-transferable right to access and use them for an agreed purpose, including the provision of the Services to you.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">2.6 You will not access, store, distribute or transmit any virus or other device (including, but not limited to, any worms or trojans) or any material during the course of your use of the Services that:<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) facilitate illegal activity;<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(c) depict sexually explicit images;<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(d) promote unlawful violence;<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(e) are discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(f) are otherwise illegal or cause damage or injury to any person or property;<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">and we reserve the right, without liability or prejudice to our other rights, to disable your access to any material that breaches the provisions of this clause.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">2.7 Except as permitted by these terms and conditions you will not:<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our Services and\/or Documentation (as applicable) in any form or media or by any means; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our Services; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(c) access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and\/or the Documentation; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(d) use the Services and\/or Documentation to provide services to third parties; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and\/or Documentation available to any third party, or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(f) attempt to obtain, or assist third parties in obtaining, access to the Services and\/or Documentation.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">2.8 You will use all reasonable endeavours to prevent any unauthorised access to, or use of, our software, the Services and\/or the Documentation and, in the event of any such unauthorised access or use, promptly notify us.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">2.9 Phorest is not liable for any issues with business processes or legal issues that you have in the salon as a result of using the software.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">2.10 Cooperation Regarding Payment\u00a0 and Transactional Risk. Customer will take all reasonable steps to ensure that Customer does not use Phorest Payment processing services\u00a0 for any activity that is expressly prohibited, will cooperate to reduce the risk of fraud or other misuse of the Payment Services by sharing information as permitted by each party\u2019s privacy and legal obligations. Customer will promptly inform Phorest if it becomes aware of any fraudulent, unlawful, deceptive or abusive activity.<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">3. Customer Support Services<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">3.1 We will, subject to payment of relevant fees, provide you with customer support services as stated in your Order and accepted by us (the \u201c<\/span><b>Customer Support Services<\/b><span style=\"font-weight: 400;\">\u201d).<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">3.2 Phorest shall not be required to supply replacement parts and\/or labour required for repair of damage or replacements caused by (a) Fire; (b) Water; (c) Act of war or violence or other circumstances beyond the control of the parties; (d) Accident resulting from negligence or misuse on the part of the customer; (e) Services rendered by other than qualified service personnel specifically authorised by Phorest.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">3.3 Phorest may inspect any computer equipment before commencement of the contract. When necessary Phorest may perform repairs or request customer performs repairs to bring the equipment in line with Phorest\u2018s operating specification. All charges will be borne by the customer.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">3.4 Phorest is not liable for malfunction of ancillary products and accessories provided by a third party including but not limited to software, internal computer parts, plotters, internet connection, printers and backup devices used for the operation of the equipment. If any third party equipment causes Phorest supplied equipment or software to malfunction, then all repair and replacement costs will be borne by the client. Similarly, responsibility for the operation of such items lies with the client and\/or the third party vendor.\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">3.5 Phorest will not be liable for the repair or replacement of any consumable items including Keyboards, Mouse, pens, tapes, ribbons, disks, toner, media, receipt printer thermal roll etc.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">3.6 The customer shall allow Phorest employees or duly authorised agents full licence during the prime shift on any day subject to appointment with the customer to enter the customer\u2019s premises for the purposes of maintaining, or servicing the equipment and shall ensure that the equipment is readily accessible to such employees or agents for such purpose.<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">4. Customer data<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">4.1 You will own all right, title and interest in and to all data which you input for the purpose of using the Services, including any data relating to your clients (the \u201c<\/span><b>Customer Data<\/b><span style=\"font-weight: 400;\">\u201d), and will have sole responsibility for the legality, reliability, integrity, accuracy and quality of Customer Data.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">4.2 By submitting any data, including but not limited to Customer Data, to us for any purpose, particularly in relation to your use of the Services,\u00a0 you give us a worldwide, non-exclusive, royalty free, non-transferable right to access and use the relevant data for the stated purpose, including the provision of the Services to you.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">4.3 In the event of any loss or damage to Customer Data, your sole and exclusive remedy will be for us to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by us. We will not be responsible for any loss, corruption, destruction, alteration or disclosure of Customer Data caused by Phorest or any third party.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">4.4 We will comply with our privacy statement (found at phorest.com\/privacy ). You grant permission to Phorest or our licensors use of your Customer Data to carry out direct marketing on your behalf.\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">4.5 Phorest and Customer will each have and adhere to a privacy policy that complies with applicable law. Customers will obtain the necessary rights and consents under applicable law to disclose to Phorest, and allow Phorest to collect, use, retain, and disclose, in accordance with the Phorest privacy policy, any information that Customer provides to Phorest or enables Phorest to collect, including information that Phorest may collect directly using cookies or other similar means.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">4.6 If we process any personal data on your behalf when performing our obligations under these terms and conditions, it is our intention that you will be the data controller and we will be a data processor and in any such case:<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) you acknowledge and agree that the personal data may be transferred or stored outside the EEA or the country where you are located in order to carry out the Services and our other obligations under these terms and conditions;<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) you will ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with these terms and conditions on your behalf; and<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(c) you will ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">4.7 Phorest&#8217;s handling of customer-related information, including SMS message content, is subject to Irish and UK communication and privacy laws. The customer acknowledges that Phorest is obliged by law to store all message content and activity logs for six months, and that Phorest can be required by law to disclose details about a customer&#8217;s activity and SMS transmissions to government and law enforcement officials on explicit request. The customer acknowledges that SMS message content is transmitted unencrypted and that eavesdropping of mobile phone communications, including SMS delivery, by third parties is possible.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">4.8 If you are joint business owners or a partnership, we will regard each owner or partner as being equally entitled to the customer data.\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">4.9 Please note that Phorest may share both salon and end customer data with limited applicable third party partners. Phorest will only do so with the consent of the Phorest customer. Examples of our third party partners include, but are not limited to, Codat, QuickBooks, Xero, Meta, InfoBip and Vish.<\/span><\/li>\n \t<li>4.10 In the event of a change of ownership of your salon:<\/li>\n \t<li>(a) You must promptly inform Phorest of a change of ownership. If we don\u2019t approve of the new owner\/management we may terminate these Terms at our sole discretion without penalty or refund. We may take into account any circumstances or evidence to exercise our discretion.<\/li>\n \t<li>(b) In the event of any disputes regarding ownership or access to your Data, Phorest will not be involved. Any disagreements on ownership must be resolved independently of Phorest and you acknowledge and agree that Phorest has no obligation whatsoever to resolve or intervene in such disputes. In a change of ownership process, Phorest will only provide data to individuals documented as the current owners on file.<\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">5. Third party providers<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">5.1 The Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites. You do so solely at your own risk. We make no representation or commitment and will have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us.\u00a0 We recommend that you refer to the third party\u2019s website terms and conditions and privacy policy prior to using the relevant third-party website.\u00a0 We do not endorse or approve any third-party website nor the content of any of the third-party websites made available via the Services.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">5.2 You hereby acknowledge your understanding that access to the internet, GSM networks and other communication media is associated with risks concerning authentication, data security, privacy, availability of services and reliability of transmission. You agree to bear full and exclusive responsibility arising from such risks.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">5.3 Phorest is not a mobile phone operator. You acknowledge that Phorest delivers SMS messages via major telecommunications companies and mobile network providers and therefore can only influence the delivery response transmission of SMS messages within the technical constraints imposed by the abovementioned providers. Phorest is thus not liable for any network related issues including latency, and late transmission.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">5.4 SMS messages submitted via our software will be transferred to the addressed mobile recipients within seconds to minutes, provided that the recipient&#8217;s phone is switched on and located in an area covered by their subscribed mobile network provider. You acknowledge that, depending on the recipient&#8217;s mobile provider service, it may not be possible to transmit the message to the recipient successfully, particularly if the provider does not support SMS delivery at all.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">5.5 Phorest is not an Internet Service Provider. In order to use the Services, you must obtain access to the world wide web, either directly or through devices that access web-based content, and pay any service fees associated with such access.\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">5.6 You acknowledge that transmission of large SMS or Email amounts (Greater than 10,000 messages per day) may be subject to restrictions and delays on the part of the mobile network providers affected. You agree to communicate your intent to transmit such volumes to Phorest at least 2 business days in advance in order to ensure that such delivery can take place without disruptions.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">5.7 You acknowledge that you must obtain the positive consent of all mobile phone users to receive SMS data from you. The same applies for email. You must not send SMS messages or emails to recipients who have made clear that they do not wish to receive SMS messages or advertisements via SMS and\/or emails. Phorest is not liable for SMS messages or emails delivered to a mobile phone user after he\/she has requested to opt out from receiving any further SMS transmissions or emails by you.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">5.8 SMS messages are assigned a life time of 72 hours. SMS messages which could not be delivered successfully to the recipient&#8217;s mobile phone within this period will be discarded without notice. Phorest debits transmitted SMS messages from your Phorest SMS account according to its transmission logs. These logs are deemed correct and valid even if you have objected to the accuracy of these accounting records, but Phorest&#8217;s investigations have not produced evidence of a technical problem or error.\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">5.9 Phorest is not liable for the content of any Emails, SMS or any other communication medium, sent from the Phorest software for any reason whatsoever.\u00a0<\/span><\/li>\n \t<li>5.10 Phorest may charge fees on any online deposit(s) your clients pay to book an appointment. These fees cover the cost of card processing, securely storing the clients credit card details and other costs in relation to this service. These fees are deducted from the deposit before the remainder is sent to your bank account. Any deposit(s) paid by your client are removed from the price of the service that the client pays in the salon.<\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">6. Our obligations<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">6.1 We undertake that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">6.2 The undertaking at clause 7 will not apply to the extent of any non-conformance which is caused by use of the Services contrary to our instructions, or modification or alteration of the Services by any party other than us or our duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, we will, at our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking set out in clause 7.\u00a0 Notwithstanding the foregoing, we:<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) do not warrant that your use of the Services will be uninterrupted or error-free; or that the Services, Documentation and\/or the information obtained by you through the Services will meet your requirements; and<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">6.3 We undertake to process payments from customers for products and services provided by or to be provided by you to the customer. We will settle the funds collected on your behalf minus our fees and relevant taxes to you on a regular basis as agreed with you. We make every effort to settle your funds into your bank account as quickly as possible. Due to differences in how banks (yours and ours) process transfers, the time that your funds are available can vary.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">6.4 We reserve the right to delay or withhold this settlement if we for any reason believe that the exceptional costs to us for collecting the payment on your behalf exceed the amounts due to be settled to you. These exceptional costs include but are not limited to costs for processing chargebacks (see 8.1(d)), any fines or penalties levied by our payment processor related to payments processed for you. In the case that you do not have sufficient funds to be settled to you to cover our exceptional costs then we will invoice you these costs and you agree to the payment of these invoices.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">6.5 These terms and conditions will not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and\/or services which are similar to those provided under these terms and conditions.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">6.6 Customised Phorest partner\u00a0 reporting dashboards are built and maintained by Phorest to enable\u00a0 efficient access to key business metrics. Additional dashboard customisation outside of partner\u00a0 specifications are not included in the dashboard subscription.\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">6.7 To ensure the stability of the Phorest platform for all customers, Phorest may on occasion have to limit or block high frequency or high impact calls to our platform.<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">7. Customer&#8217;s obligations<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">You will:<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) provide us with all necessary cooperation in relation to these terms and conditions;\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) provide us with all necessary access to such information as may be required by us<\/span> <span style=\"font-weight: 400;\">in order to provide the Services, including but not limited to Customer Data, security access information and configuration services;<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(c) comply with all applicable laws and regulations with respect to your activities under these terms and conditions;<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(d) carry out all other Customer responsibilities set out in these terms and conditions in a timely and efficient manner. In the event of any delays in your provision of such assistance as agreed by the parties, we may adjust any agreed timetable or delivery schedule as reasonably necessary;<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(e) obtain and will maintain all necessary licences, consents, and permissions necessary for us, our contractors and agents to perform their obligations under these terms and conditions, including without limitation the Services;<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(f) ensure that your network and systems comply with the relevant specifications provided by us from time to time;\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(g) be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet;<\/span><b>\u00a0<\/b><\/li>\n \t<li><span style=\"font-weight: 400;\">(h) comply with all applicable taxation law in your jurisdiction without reliance on the software; and<\/span><b>\u00a0\u00a0<\/b><\/li>\n \t<li><span style=\"font-weight: 400;\">(i) comply with the terms and conditions of our payment processing partners and underlying payment schemes and regulators.<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">8. Charges and payment<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">8.1 You will pay us:-<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) any customer support service fees, as stated in your Order;\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) the initial subscription amount, as stated in your Order, prior to accessing and using the Services;\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(c) any recurring subscription amounts and\/or any additional expenses or charges as and when they become payable, as stated in your Order; and<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(d) any fee(s) for any payments processed by us on your behalf that are charged back by a customer of your products and services for any reason and that has not been successfully disputed. The amount of this fee will consist of the amount that is being charged back by the end customer plus any fees and taxes charged by our payment processing partners in processing the chargeback.<\/span><\/li>\n \t<li>(e) An active, valid payment method must be maintained on file at all times to ensure access to the Phorest system. This payment method will be used to settle all invoices including outstanding invoices, as they fall due. Failure to maintain a valid payment method may result in suspension of services until the account is brought up to date.<\/li>\n \t<li><span style=\"font-weight: 400;\">8.2 If for any reason we do not receive any payment when it becomes payable, without prejudice to any other rights and remedies available to us we may, without liability to you, disable your password, account and access to all or part of the Services.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">8.3 A late payment administration fee of \u20ac20 is applicable for each month (or part thereof) that a payment due under this Agreement is overdue.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">8.4 You agree to Phorest deducting any and all fees and taxes related to the use of our products from the regular settlements to you of the amounts we have processed and collected on your behalf.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">8.5 We may change the price you are charged or vary the price for specific products or services. You will be notified of the changes with required notice given, and will have the option to stop using our service(s) for which the price(s) has been changed.\u00a0\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">8.6 Monthly cycle payments for Phorest partner\u00a0 reporting dashboard are non-refundable once processed. Setup fees charged are not recurring, and no termination fees apply. To cancel your subscription to a Phorest partner reporting dashboard , simply notify us in writing. Subsequent monthly payments will be discontinued upon written confirmation of cancellation.\u00a0<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">9. Proprietary rights<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">You acknowledge and agree that we and\/or our licensors own all intellectual property rights in the Services and the Documentation. Except as expressly stated herein, these terms and conditions do not grant you any rights to, or in, patents, copyrights, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">10. Confidentiality<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">10.1 We will each hold any information which is proprietary and\/or confidential to the other (the \u201c<\/span><b>Confidential Information<\/b><span style=\"font-weight: 400;\">\u201d) in confidence and, unless required by law, not make the other&#8217;s Confidential Information available to any third party, or use the other&#8217;s Confidential Information for any purpose other than the implementation of these terms and conditions.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">10.2 This obligation will survive termination of these terms and conditions, however arising.<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">11. Limitation of liability<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">11.1 Subject to the next sentence, and to the maximum extent permitted by law, the liability of Phorest, and its Affiliates, to Customer arising out of or in connection with this Agreement, whether based on contract, tort (including negligence), strict liability or other legal or equitable theory, will be determined as follows: (a) all indirect, incidental, consequential, special or exemplary damages are excluded; and (b) for direct damages related to Phorest provision of payment processing services, an aggregate cap will apply of 5 basis points (0.05%) of the Total Processing Volume during the 12 month period prior to the event giving rise to the liability. Phorest\u2019s liability for a breach of Section 10 (other than in respect of Phorest\u2019s unauthorized use or disclosure of data that results in a breach of\u00a0 Section 10 is uncapped, except that Phorest\u2019s aggregate indemnification liability for claims that arise out of the unauthorized disclosure or use of data will not exceed the lesser of: (x) 50 basis points (0.5%) of the Total Processing Volume during the 12 month period prior to the event giving rise to the liability; and (y) EUR 25 thousand. This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) to you:<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) arising under or in connection with these terms and conditions;<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) in respect of any use made by you of any Hardware, the Services and Documentation or any part of them;\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(c) the delivery by us of any Customer Support Services; and<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(d) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these terms and conditions.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">11.2 Except as expressly and specifically provided in these terms and conditions:<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) you assume sole responsibility for results obtained from the use of the Services and the Documentation by you, and for conclusions drawn from such use. We will have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Services, or any actions taken by us at your direction;<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these terms and conditions; and<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(c) the Hardware, Services and the Documentation are provided to you on an &#8220;as is&#8221; basis; and<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(d) you assume sole responsibility for ensuring the accuracy and compliance with taxation legislation in your jurisdiction of all output obtained from the use of the Software.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">11.3 Nothing in these terms and conditions excludes our liability:<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) for death or personal injury caused by our negligence; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) for fraud or fraudulent misrepresentation.\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">11.4 Subject to clauses 11.2 and 11.3:<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) we will not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and\/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms and conditions; and<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these terms and conditions will be limited to the value of the initial subscription amount paid to us in connection with your Order.<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">12. Indemnity<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">You will defend us, indemnify us and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of any breach by you of these terms and conditions or in connection with your use of the Hardware, the Services and\/or Documentation.<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">13. Term and termination<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">13.1 The most recent terms and conditions as available at https:\/\/www.phorest.com\/termsandconditions\/ will, unless otherwise terminated in accordance with this clause, commence on the date of acceptance by us of your Order and will continue for a period of one year and will thereafter be automatically renewed for succeeding one year periods unless written notice of termination is given by the Customer to Phorest, no less than two months before the end of any such one year period. Such termination will take effect from the next succeeding anniversary of the contract. If you terminate before the end of your contracted period, you will owe us the subscription fees due for the remainder of the contracted period.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">13.2 Without prejudice to any other rights or remedies to which the parties may be entitled, we may terminate these terms and conditions without liability to you if:\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) you commit a material breach of any of the terms of these terms and conditions and (if such a breach is remediable) fails to remedy that breach within 30 days of being notified in writing of the breach; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) an order is made or a resolution is passed for the winding up of the Customer, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order in relation to the Customer; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(c) the Customer is adjudicated bankrupt; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(d) an order is made for the appointment of an examiner to manage the affairs, business and property of the Customer; or\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(e) a receiver is appointed of any of the Customer&#8217;s assets or undertaking; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(f) the Customer makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(g) the Customer ceases, or threatens to cease, to trade; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(h) there is a change of control of the Customer; or<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(i) the Customer takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">13.3 If you are in receipt of a government grant and have used this to pay for a period of Phorest subscription fees, these services fees are not refundable if you wish to terminate before the period of the subscription fee payment has elapsed.\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">13.4 On termination of these terms and conditions for any reason:<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) all licences granted to the Customer under these terms and conditions will immediately terminate;\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) the Customer will return and make no further use of any equipment, property, Documentation and other items (and all copies of them);<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(c) We may destroy or otherwise dispose of any Customer Data in our possession once 60 days have elapsed from the date of termination of the contract. You can extract your customer contact information and transaction history from the software at any time using the reporting and client extraction tools as detailed in the Phorest customer support Wiki. If you require a data export from Phorest, this will require the work of an engineer and will therefore take up to 15 business days to be completed from the date of the request, provided that you have, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). The files exported will be a single export file and will not be customized in any respect. You will pay all reasonable expenses incurred by us in returning or disposing of Customer Data; and<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(d) the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, will not be affected or prejudiced.<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">14. Miscellaneous Provisions<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">14.1 <\/span><b>Assignment: <\/b><span style=\"font-weight: 400;\">You may not assign any of your rights under these terms and conditions.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">14.2 <\/span><b>Severability: <\/b><span style=\"font-weight: 400;\">All the terms and provisions of these terms and conditions are distinct and severable, and if any term or provision is held or declared to be unenforceable, illegal or void in whole or in part by any court, regulatory authority or other competent authority it will to that extent only be deemed not to form part of these terms and conditions, and the enforceability, legality and validity of the remainder of these terms and conditions will not in any event be affected.\u00a0 However, if as a result of the operation of this clause the rights or obligations of a party are materially altered to the detriment of that party, that party may terminate these terms and conditions within 30 days from the date of the relevant decision of the relevant decision of the relevant Court, regulatory authority or other competent authority.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">14.3 <\/span><b>Whole Agreement: <\/b><span style=\"font-weight: 400;\">These terms and conditions and the terms of any related Order supersedes all prior representations, arrangements, understandings and agreements, and sets out the entire, complete and exclusive agreement and understanding between us.\u00a0 Our rights under these terms and conditions are independent, cumulative and without prejudice to all other rights available to it whether as a matter of common law, statute, custom or otherwise.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">14.4 <\/span><b>Forbearance and Waiver: <\/b><span style=\"font-weight: 400;\">No waiver by us in respect of any breach of these terms and conditions by you will operate as a waiver in respect of any subsequent breach.\u00a0 No failure or delay by us in exercising any right or remedy will operate as a waiver thereof, nor will any single or partial exercise or waiver of any right or remedy prejudice its further exercise of any other right or remedy.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">14.5 <\/span><b>Governing Law<\/b><span style=\"font-weight: 400;\">: These terms and conditions and all relationships created by it will in all respects be governed by and construed in accordance with Irish law.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">14.6 <\/span><b>Jurisdiction<\/b><span style=\"font-weight: 400;\">: The Irish courts will have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms and conditions or its performance.<\/span><\/li>\n<\/ul>\n<h2><span style=\"font-weight: 400;\">15. Additional Services<\/span><\/h2>\n<ul>\n \t<li><span style=\"font-weight: 400;\">15.1\u00a0 <\/span><b>Bespoke Reporting<\/b><\/li>\n \t<li><span style=\"font-weight: 400;\">(a) Any and all costs associated with Bespoke Reports will be clearly communicated via email. Your response in acceptance to that email constitutes an agreement and will instigate work by Ndevor Systems Limited to deliver your report(s).<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(b) Phorest will make every effort to consistently provide reports to the highest degree of accuracy, however it is ultimately the responsibility of the data user to validate data before usage.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(c) All reports created remain the property of Ndevor Systems Limited.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(d) Upon completion of the agreed reports, all agreed costs will be added to your next invoice, unless you have agreed to pay in advance, in which case full payment is required before any work commences and\/or access to reports is granted.<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(e) You have the right to cancel this agreement within 14 days of confirmation without charge.\u00a0<\/span><\/li>\n \t<li><span style=\"font-weight: 400;\">(f) This agreement is supplemental to your Phorest software contract and does not supersede any obligations therein.<\/span><\/li>\n<\/ul>\n<!-- \/wp:paragraph -->\n<h2>Phorest Consumer Terms and Conditions<\/h2>\n<!-- \/wp:heading -->\n\n<!-- wp:paragraph -->\n\nFor Phorest the Terms and Conditions related to the consumer \/ end user please visit https:\/\/www.phorest.com\/ae\/termsandconditions-consumer\/","protected":false},"excerpt":{"rendered":"<p>NDEVOR SYSTEMS LIMITED (reg. no. 369210) having its registered address at 9 Anglesea Row, Dublin 7, Ireland (trading as PHOREST under registered business name no. 241895) (\u201cPhorest\u201d, \u201cwe\u201d, \u201cour\u201d, \u201cus\u201d) designed and developed a software based service which (i) enables our customers to manage bookings and sales at their salon or spa; and (ii) enables &hellip; <a href=\"https:\/\/www.phorest.com\/ae\/termsandconditions\/\">Continued<\/a><\/p>\n","protected":false},"author":40019,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-95740","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v25.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Phorest Salon Software Terms and Conditions Ireland<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.phorest.com\/ae\/termsandconditions\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Phorest Salon Software Terms and Conditions Ireland\" \/>\n<meta property=\"og:description\" content=\"NDEVOR SYSTEMS LIMITED (reg. no. 369210) having its registered address at 9 Anglesea Row, Dublin 7, Ireland (trading as PHOREST under registered business name no. 241895) (\u201cPhorest\u201d, \u201cwe\u201d, \u201cour\u201d, \u201cus\u201d) designed and developed a software based service which (i) enables our customers to manage bookings and sales at their salon or spa; 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