Terms of Business

Definitions

  1. In these Terms (save where the context requires otherwise), the following terms and expressions shall have the following meanings:

“Agreement” means these Terms of Business and includes any documents or electronic communication including emails, WhatsApp messages and text messages or documents that have been supplied by us (including any specifications) that are intended to form part of this Agreement for the supply of Goods and/or Services;

“Confidential Information” means any information provided or made available, directly or indirectly, by either you or us (and shall include the terms of this Agreement) but shall not include any information (a) that is within the public domain at the time of disclosure or (b) enters the public domain other than as a consequence of a breach of confidentiality by you;

“Deliverables” means any work product created as a consequence of providing the Services;

“Correspondence” means any email, WhatsApp message, text message or other form of communication addressed to you from us that describes the particulars for the supply of Goods and/or Services and that incorporates these terms;

“Goods” means the applicable goods to be provided to you as set out in the Correspondence (or as otherwise provided to you in connection with this Agreement);

“Group Company” or “Group Companies” means in relation to any company, any body corporate which is from time to time a holding company of that company, a subsidiary of that company or a subsidiary of a holding company of that company (“holding company” and “subsidiary” having the meanings attributed to them by the Companies Act 2006 section 1159) and “Group” shall be construed accordingly;

“Intellectual Property Rights” means any patents, rights to inventions, utility models, copyrights and related rights, trademarks, service marks, domain names, goodwill, know how and rights in confidential information, rights in design, database rights and any other intellectual property rights whatsoever whether registered or unregistered and all similar or equivalent rights or forms of protection in any part of the world;

“Representative” means the representative identified in any Correspondence or as notified from time to time;

“Service or “Services” means the bridal hair and makeup service or applicable service or services to be provided to you as described in the Correspondence and in accordance with the terms of this Agreement together with any deliverables (and any other duties or services performed by us in connection with this Agreement);

“TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 together with any successor or supplementary law;

“you”, “your” means the entity/third party/person to whom the Correspondence is addressed;

“we”, “our” “I” “Shaneeq” or “us” means Shaneeq Bridal Limited with company registration number 09630870 registered office in England.

  1. In these terms:
    1. references to any statutory provisions shall be deemed to include any amendments, replacement or re-enactment for the time being in force;
    2. headings are for the purpose of convenience only and shall not affect the construction of these terms;
    3. a reference to party includes its successors or permitted assigns;
    4. these terms shall not be construed or interpreted against us or to our disadvantage on the grounds that they represent our standard terms and/or that they may have originated from us; and
    5. all of these terms shall apply to the supply of both Goods and Services except where application to one or the other is specified.

Application of the Terms

  1. The Correspondence shall be deemed to be an offer to supply the Goods and/or Services specified subject to the terms of this Agreement and shall be accepted by you when you give notice of your acceptance by communicating your acceptance by any means whatsoever including (but not limited to) by us performing the Services and/or by us providing the Goods (or any part thereof).
  2. Subject to this Agreement no terms or conditions endorsed upon, delivered with or contained in any quotation, acknowledgement or acceptance of an order, specification, invoice or document will prevail over, apply to the exclusion of, or form part of this Agreement and no other conduct by us shall constitute acceptance of any such other terms unless expressly executed as an amendment to this Agreement, and you waive any right which you otherwise might have to rely on such terms and conditions.

The Services

  1. We will:
    1. provide the Services with the skill and care to be expected of a competent professional  performing services similar to the Services, including, but not limited to good industry practice;
    2. ensure that the Services are performed in compliance with all applicable law;
    3. observe and comply with your lawful and reasonable directions in relation to the provision of the Services;
    4. comply in all material respects with your policies from time to time as notified to you by us;
    5. ensure that the Services meet your requirements and are delivered in accordance with this Agreement; and
    6. immediately inform you if we believe that we are unable to comply with any of the agreed timeframes or become aware of any matter that impacts our ability to perform the Services.

Payment

  1. In consideration of the provision of the Goods/and or Services you agree to pay us the sum(s) set out in the Correspondence. Unless specified otherwise in the Correspondence, the sums will be due:
    1. with respect to the supply of Goods, when all Goods specified have been provided to you in accordance with the Agreement; or
    2. with respect to the supply of Services, when the Services and any Deliverables have been provided to you in accordance with this Agreement; or
    3. where this Agreement relates to the supply of Goods and Services, when all Goods, Services and Deliverables relating to the Services have been supplied by us to you in accordance with this Agreement.
  2. You will pay all valid invoices that are due for payment within 30 days of receipt.
  3. Unless stated otherwise, the price set out in the Correspondence is inclusive of VAT and all other charges, costs and expenses.
  4. If any sum due and payable is not paid in accordance with the provisions of this Agreement, we shall be entitled to charge interest at the rate of 2% per annum above the base rate of Bank of England from time to time in force from the date of notice until the date of actual payment. The parties agree that this right is a substantial remedy for late payment and is in substitution for late payment under the Late Payment of Commercial Debts (Interest) Act 1998.

Remedies

  1. If we fail at any time to deliver the Goods and/or Services on the due date or if we fail to comply with any of the terms of this Agreement then, without prejudice to any other rights which we may have, we reserve the right to carry out any one or more of the following remedies:
    1. cancel any order for Goods and/or Services to be provided by us in whole or in part;
    2. remedy any defect in the Goods and/or Services as far as this is reasonably possible.

Cancellation

  1. Without prejudice to your other rights, you shall have the right at any time to terminate the supply of Goods and/or Services (in whole or in part) for convenience by giving us written notice. In those circumstances you shall pay for any Goods or Services actually provided in accordance with the terms of this Agreement up to the date of the notice of termination but we shall not compensate you in any other manner, including (without limitation) for any loss of anticipated profits or any indirect or consequential loss.
  2. Without prejudice to our other remedies, we may terminate this Agreement if:
    1. you commit any material breach of this Agreement; or
    2. you become unable to pay your debts as they fall due, are subject to a bankruptcy order or a petition is presented for an administration or winding up or if for any other reasons whatsoever it appears to us that you may be unable to perform your obligations under this Agreement.

Intellectual Property

  1. In respect of any Services provided by us, you acknowledge that any Intellectual Property Rights that are created as a consequence of the performance of the Services (including, without limitation, any Intellectual Property Rights in any Deliverables) shall vest immediately in us upon their creation.

Confidentiality

  1. Both Parties shall only use the Confidential Information for the purposes of providing the Goods and/or Services in accordance with the terms of this Agreement.

Data Protection

  1. Each Party shall comply with its respective obligations pursuant to the Data Protection Act 1998 (“DPA”).

Indemnity

  1. You agree to indemnify us and to keep us indemnified from and against all costs, claims, actions, losses, demands and expenses (including all legal expenses) incurred by us as a consequence of any act, omission or default by you in connection with this Agreement.

Bridal Bookings

  1. Your Correspondence will detail the date, time and location of your bridal booking and you must ensure that you are ready for your bridal makeover at the time and location indicated in the Correspondence.  Failure to do so may result in you having to pay an additional waiting charge (of £50GBP for every 30 minutes) to us.
  2. You shall arrange for the cost of the flight, transfers and accommodation. This clause applies for all bookings outside of the United Kingdom.
  3. We shall upload your bridal makeover photographs, video footage and any other content on social media, including our instagram page of @shaneeqbridal and/or our website only with your express consent.
  4. We shall not be responsible or liable to you whatsoever in any event that your bridal makeover is ruined or spoiled by circumstances outside of our reasonable control, such as force or pressure applied by a family member or other third party, including poor weather conditions.
  5. You shall use best endeavours to comply with your obligations in this clause (Bridal Bookings). In no event will we be responsible for any delays as a result of your failure to comply with this clause (Bridal Bookings).
  6. You must ensure that:
    1. your bridal outfit including any jewellery, accessories and footwear are all in the same room that you will be getting ready in, and you must ensure that any tags from outfits or jewellery/accessories are removed before your bridal makeover;
    2. if you are doing your nails, that these are done before or after your bridal makeover;
    3. if you are paying in cash on the day, your payment is ready before your bridal makeover; and if you are paying via bank transfer, then the payment must be received in cleared funds 24 hours before your wedding date;
    4. you adhere to any written instructions provided to you by us prior to your wedding date;
    5. any interruptions are kept to a complete minimum during the bridal makeover and that only you and Shaneeq are to be present in the room at any given time;
    6. photographers, videographers and any third parties must only enter your room once you are fully ready;
    7. any use of your mobile phone or any other handheld device is kept to an absolute minimum;
    8. if you are wearing contact lenses that these are organised and put in your eyes either before or after the makeover, whichever option you feel comfortable doing;
    9. if you are wearing a nose ring on your wedding day, that it has been pre-tested on your nose and that if you are already wearing a nose ring at the time of your makeover (which will then need to be removed for your bridal nose ring) that it is easily accessible and able to be removed with ease;
    10. you let us know your hair colour including any particular hair styling or makeup requirements as soon as possible; and
    11. you let us know of any skin allergies or concerns, or allergies to makeup or products as soon as possible.

          General

  1. Except as agreed by us in writing no element of the performance of this Agreement may be assigned or sub-contracted by you.
  2. We shall not be liable for any failure or delay in the provision of the Services arising out of compliance with any law, ordinance, regulation, ruling, order or other governmental action or arising out of acts of God, fire, flood, war sabotage, accidents, labor disputes, shortages or failure to supply materials or equipment, interruption or delay in transportation, traffic or any other similar circumstance beyond our control.
  3. This Agreement may not be varied except in writing signed by both of us.
  4. If any provision of this Agreement shall be found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or enforceability shall remain in full force and effect.
  5. Nothing in this Agreement shall constitute or be deemed to constitute either party acting as an agent or employee of the other for any purpose whatsoever.
  6. Nothing expressly or impliedly contained in this Agreement shall be deemed to operate so as to restrict or exclude in whole or in part our rights under general law.
  7. Where you are a firm comprising two or more individuals, your obligations are joint and several.
  8. Legal notices shall be addressed to each Party’s registered address or last notified place of business.
  9. This Agreement shall be governed by English law and all disputes arising in connection with the supply of the Goods and/or Services or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.