I agree I have opened an account with NailsPolished (a "Account") to use the Services. During registration I provided true legal information including your name and other personal and business information. We reserve the right to suspend or terminate the NailsPolished Account if you provided inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
I acknowledge the E-Sign Consent, the following definitions apply: "I" and "me" mean the person who is applying to establish a NailsPolished Account. "You" means NailsPolished and any person, company, bank or financial institution that is an assignee of NailsPolished rights.
By checking the "I agree to have the Terms and Conditions presented electronically," which I hereby adopt as my electronic signature, I affirmatively consent and agree that:
You can provide all disclosures required by law and other information about my legal rights and duties to me electronically.
My electronic signature on agreements and documents has the same effect as if I signed them in ink.
I acknowledge that I can read, write and understand English. * Tôi thừa nhận là tôi có thể đọc, viết và hiểu tiếng Anh.
By consenting, I agree that electronic Disclosures have the same meaning and effect as if you provided paper Disclosures to me. When you send me an email or other electronic notification alerting me that the Disclosure is available electronically and you do in fact make it available online, that shall have the same meaning and effect as if you provided a paper Disclosure to me, whether or not I choose to view the Disclosure, unless I had previously withdrawn my consent to receive Disclosures electronically. I understand and agree that Disclosures are considered received by me within 24 hours of the time posted to your website, or within 24 hours of the time emailed to me unless you receive notice that the email was not delivered
By creating a NailsPolished Account, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which you operate. The Services and your NailsPolished Account may only be used for business purposes in the fifty states of the United States of America and the District of Columbia. You may not export the Services directly or indirectly, and you acknowledge that the Services may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII).
By creating a NailsPolished Account, you also confirm that you will not accept payments in connection with the following businesses or business activities: (1) any illegal activity or goods, (2) buyers or membership clubs, including dues associated with such clubs.
I hereby authorize NailsPolished, Inc. (hereinafter "Company") to deposit any amounts owed me by initiating credit entries to my account at the financial institution (hereinafter "Bank") indicated. Further, I authorize Bank to accept and to credit any credit entries indicated by Company to my account. In the event that Company deposits funds erroneously into my account, I authorize Company to debit my account for an amount not to exceed the original amount of the erroneous credit. I also authorize company to debit my account for any payment arrangements I have made pertaining to this transaction as indicated on documentation submitted with the application.This authorization is to remain in full force and effect until Company and Bank have received written notice from me of its termination in such time and in such manner as to afford Company and Bank reasonable opportunity to act on it.
You agree to pay the applicable fees listed below ("Fees") for use of the Services. Subject to the terms of this Agreement, we reserve the right to change our Fees upon thirty days' advance notice. You must agree to the change in Fees to continue to use the Services. To withdraw your consent, you will need to close your NailsPolished Account. All Balances and all Fees, charges, and payments collected or paid through the Services are denominated in US dollars.
% for credit card processing fee. Client spends $100, see $97.01 in your bank account. per transaction of total amount of each service appointment.
$ cents booking fee..
$49.99 Monthly (each salon).
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services ("Taxes"). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. Square specifically disclaims any liability for Taxes.
If in a given calendar year you receive NailsPolished will report annually to the Internal Revenue Service ("IRS"), as required by law, your name, address, Tax Identification Number (such as a Social Security Number (SSN), or Employer Identification Number (EIN)), the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year.
You are solely responsible for all customer service policies and issues relating to your goods or services, including pricing, order fulfillment, cancellations or no shows of appointments, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from NailsPolished Inc. As between you and us, we are solely responsible for customer service issues relating to contracting a customer to your salon for services.
NailsPolished-provided hardware products are for your use with the Services, and you may not act as a hardware product reseller. You may not act as a payment intermediary, aggregator or service bureau or otherwise resell the Services on behalf of any third party. This means that you may not use the Services to handle, process or transmit funds for any third party. You also may not use the Services to process cash advances.You may not use the invoices feature of the Services to send invoices to yourself or in any other manner for which the invoices feature is not intended.
We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of this Agreement or any other NailsPolished agreement, or that it exposes you, other NailsPolished customers, our processors or NailsPolished to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your NailsPolished Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your NailsPolished Account, and any of your transactions with law enforcement.
NailsPolished works with any US-issued and most non-US issued credit, debit, prepaid, or gift cards ("Cards") with a Visa, MasterCard, American Express, or Discover logo. We may remove or add Cards that we accept at any time without prior notice. We will generally only process Cards that receive an authorization from the applicable Network and Card issuer. You understand that there may be times when the Buyer may not be the authorized user of the Card or that such Buyer may otherwise contest the transaction through the Charge back process (described below). You agree to comply with the Chargeback process and to liability associated with such Chargebacks.
The amount of a transaction may be reversed or charged back to your NailsPolished account (a "Chargeback") if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a Buyer or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. We may debit the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by the Association or our processor from your NailsPolished Account (including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts from your NailsPolished Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a Buyer's complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the Buyer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all NailsPolished Account deficit balances unpaid by you.
If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your NailsPolished Account, including without limitation, by (a) establishing new service fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Charge backs and related fees, (c) delaying payouts, or (d) terminating or suspending the Services.
You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Services. To that end, you permit us to share information about a Chargeback with the Buyer, the Buyer's financial institution, and your financial institution in order to investigate and/or mediate a Charge back. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release the reserved funds to your Square Account. If a Chargeback dispute is not resolved in your favor by the Network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in this Agreement. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.
To the extent permitted by law, we may set off against the Balances for any obligation you owe us under this Agreement, including without limitation any Chargebacks. All Fees are charged at the time we process a completed reservation and are deducted first from the transferred or collected funds and thereafter from the Balance in your NailsPolished Account. If you owe us an amount that exceeds your Balance, we may charge or debit a payment ACH in your NailsPolished Account or any connected NailsPOlishedAccount (as well as set off against any Balance in any connected NailsPolished Account). Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, collection agency fees, and any applicable interest.
I agree to accept PolishedPoints in my salon as a member of the NailsPolished Network. Any salon refusing to accept PolishedPoints will be reminded three times (3) and then Terminated immediately.
Your NailsPolished Account permits you to offer specials to our clients. If you offer such a special program, you (and not NailsPolished) are responsible for ensuring that your program and any associated discount or special are compliant with applicable federal, state, or local laws, including laws governing prepaid cards and special offers such as rebates and coupons. You agree to make available to our customer any terms and conditions applicable to your special programs. Your specials are determined by salon owner and can only be in addition to PolishedPoints earned and redeemed.
I acknowledge and agree that I will accepts the Polished Gift Card(s) at my salon at all times.
Each reservation tablet if ordered will be ACH $100.00. Owner responsible for damage(s), theft and loss of device. Reservation tablets may be ordered in multiples or replaced for $100.00.
I AGREE, IN NO EVENT SHALL NAILSPOLISHED BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF NAILSPOLISHED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. NAILSPOLISHED AT NO EVENT SHALL BE LIABLE FOR SERVICE PROVIDER'S / SALON'S SERVICE, QUALITY OF SERVICE, CONDITIONS, EMPLOYEES, OWNERS, HEALTH CODE, HEALTH CONDUCT, HEALTH CLAIMS, ILLNESS, INFECTION, DISEASE, INJURY, DISCOLORED, TAMPERED, UNHAPPY, DISGUISTED, CUTS, SCRAPES, FALLS, ANY INJURY ASSOCIATED WITH SERVICE PROVIDER'S OR SALONS. NAILSPOLISHED ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. NAILSPOLISHED ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL NAILSPOLED'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO NAILSPOLISHED OR A SALON AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
Salons are solely responsible for their interactions with clients (customers receiving services) and any and all claims, injuries, illnesses, damages, liabilities, and costs ("Claims") suffered by your service (or, if applicable, any recipient of an NailsPolished Gift Card) as a result of your (or such recipient's) interaction with or visit to any Salon or Merchant or from any product or service of any Salon or Merchant. You hereby release the NailsPolished, Inc Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the NailsPolished Parties pertaining to the subject matter of this Section.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the NailsPolished Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures").
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and NailsPolished must abide by the following rules:
ANY CLAIMS BROUGHT BY YOU OR NAILSPOLISHED MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBERIN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;
in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, NailsPolished will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation,
NailsPolished also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration;
the arbitrator shall honor claims of privilege and privacy recognized at law;
the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or NailsPolished may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Dallas, Texas. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Dallas, Texas in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dallas County, Texas for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor NailsPolished shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Dallas, Texas.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
42.Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Texas, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.