hello@eleventhhourbeauty.com Email

Terms & Conditions

Eleventh Hour Beauty Limited (company number: 12041559) ("we", "us", "our") provides subscriptions to our booking platform, which allows you to advertise your business and take and manage bookings from customers. We do not enter into contracts on your behalf, nor do we take any advanced payments for any bookings made by End Users.

Please read these terms of business carefully before you purchase a Subscription or begin to use the Services, as these will apply to the relationship between you and us. By purchasing a Subscription, you agree to be bound by these terms of business.

1. Interpretation

1.1. Definitions

The following definitions and rules of interpretation apply in these terms.

"Agreement" means the agreement between you and us for the supply of the Services, as governed by these terms of business.
"Bookings" bookings or reservations made by End Users via the Eleventh Hour Beauty Platform with you for End User Services.
"Business Day" a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
"Data Protection Legislation" the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
"Eleventh Hour Beauty Platform" the booking platform hosted and maintained by us (whether accessible via website or app).
"End User" means any person who books or makes a reservation for the End Users Services with you via the Eleventh Hour Beauty Platform.
"End User Services" means the beauty, salon, spa, hair and/or other services you are in the business of providing and supplying to End Users, which are marketed to the End Users by you via the Eleventh Hour Beauty Platform.
"Intellectual Property Rights" patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Services" access to Eleventh Hour Beauty Platform.
"Site" means the internet page(s) that are your designated section of the Eleventh Hour Beauty Platform.
"Site Content" the contents of the Site uploaded by you.
"Subscription" a subscription to use the Services.
"Subscription Fee" means the subscription fees payable by you to us for the Subscription, as set out on the GoCardless payment portal.
"UK Data Protection Legislation" all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
1.2 Interpretation:
1.2.1 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.2.2 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.2.3 A reference to writing or written includes fax and email.

2. Subscriptions and Services

2.1 Subject to you purchasing a Subscription and your compliance with the Agreement, we grant to you a non-exclusive, non-transferable right, without the right to grant sublicenses, to use the Services during the period of your Subscription, solely for your internal business operations.
2.2 We, in our sole discretion, may vary the price of a Subscription at any time on 30 days' notice to you. Your continued use of the Services after receipt of such notice will be deemed acceptance of the new price of a Subscription.
2.3 We shall, during the period of your Subscription, provide the Services to you on and subject to the terms of the Agreement. Use of the Services will be provided to you from payment of the initial Subscription Fee until the Subscription is ended by you or us.
2.4 The Services are provided on an "as is" and "as available basis". We do not warrant or guarantee that the Services, the Eleventh Hour Beauty Platform, the Site or any content on any of the aforementioned will always be available or be uninterrupted or be error-free.
2.5 Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained on any of our media channels, are published for the sole purpose of giving an approximate idea of the Services and the Eleventh Hour Beauty Platform described in them. They shall not form part of the Agreement or have any contractual force.
2.6 These terms apply to the Agreement to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.7 Our role is to facilitate bookings and reservations between you and End Users through the Eleventh Hour Beauty Platform. For the avoidance of doubt, any booking, reservation or contract for an End User to purchase the End User Services from you made via the Eleventh Hour Beauty Platform is a booking, reservation or contract established between you and the End User. We are not a party to, and have no liability whatsoever in relation to, such booking, reservation or contract.

3. Our Obligations

3.1 We do not warrant that:
3.1.1 the Services will meet your requirements; or
3.1.2 use of the Services will achieve any particular results or outcomes.
3.2 We 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 may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
3.3 You understand and accept that we use third-party vendors and website hosting to run the Eleventh Hour Beauty Platform and the Site and cannot guarantee that the Eleventh Hour Beauty Platform or the Site will be available for access at any given time.
3.4 We shall use all reasonable commercial endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.5 We may, from time to time, ask End Users to rate and/or provide comments regarding the End User Services provided by you or your performance. We are not responsible or liable for any rating or comments published or made available on the Eleventh Hour Beauty Platform. You expressly acknowledge that we do not moderate, alter or monitor any rating, comments or review prior to them being published.
3.6 You shall not submit ratings or reviews on the Eleventh Hour Beauty Platform, nor shall you engage any third party to do so on your behalf, in order to manipulate, change, alter or otherwise affect or impact on the ratings of review of any End User Services available to book via the Eleventh Hour Beauty Platform.
3.7 If you feel any review, comment or rating is grossly misrepresentative, unfair or defamatory, please contact us and request for its removal. The removal of such review, comment or rating is at our sole discretion.

4. Your Obligations

4.1 You shall:
4.1.1 co-operate with us in all matters relating to the Services;
4.1.2 provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
4.1.3 obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
4.1.4 ensure that any of your employees, agents and independent contractors that are authorised by you to use the Services use them in accordance with these terms. You are entirely responsible for any such user's breach of these terms;
4.1.5 process and supply the End User Services to the highest standard;
4.1.6 only decline Bookings in reasonable circumstances;
4.1.7 ensure that the Site Content is accurate, correct and not misleading (including, but not limited to, displaying accurate services and pricing);
4.1.8 be entirely responsible for the End User Services which you provide to End Users;
4.1.9 not offer services at a discount to those offered on the Site online;
4.1.10 ensure that the information regarding time and date availability of the End User Services is kept up to date on the Site; and
4.1.11 keep your login information and password confidential, and not disclose it to any third party;
4.1.12 not reproduce, duplicate, copy, sell, resell or exploit the whole or any part of the Eleventh Hour Beauty Platform, the Site or the Services;
4.1.13 not allow any third party, other than your employees, agents and independent contractors, access to the Eleventh Hour Beauty Platform;
4.2 You acknowledge and confirm that any contract for End Users Services is between you and an End User and we shall have no liability whatsoever, and you shall indemnify us for any damages, loss or costs, incurred by us in relation to a contract between you and an End User for End User Services.
4.3 You warrant that:
4.3.1 you, or your employees, agents or independent contractors who provide End User Services hold all such qualifications, licences, consents and insurances required (by law or regulation) to properly provide the End User Services to End Users;
4.3.2 you will comply with all applicable laws and advertising regulations in relation to the marketing, sale and provision of the End User Services on the Eleventh Hour Beauty Platform.
4.4 If the performance of any of our obligations under the Agreement is prevented or delayed by your any act or omission or failure by you to perform any relevant obligation, then without limiting or affecting any other right or remedy available to us, we shall have the right to suspend performance of the Services until you remedy such default. In such circumstance, we shall not be liable to you for non-performance of any of our obligations under the Agreement to the extent that your default prevents us from performing such obligations.
4.5 We are not liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations including those set out in clause 4.1 above. You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from your default.

5. Subscription Fees

5.1 In consideration of us providing the Services to you, you agree to pay the Subscription Fee to us via the GoCardless payment portal in full and on time.
5.2 The Subscription Fee is non-refundable in full or in part.
5.3 All subscription fees payable by you to us are inclusive of amounts in respect of Value Added Tax (“VAT”). If you require a VAT invoice to allow you to recover the VAT charged, please let us know and this will be supplied.
5.4 If you fail to make payment of the Subscription Fee when due, then, without limiting any other remedies we may have, we may suspend the Services until such time as payment has been fully brought up to date.
5.5 All amounts due under the Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6. Intellectual property rights

6.1 Other than in relation to Site Content, you acknowledge and agree that we own all Intellectual Property Rights in the Eleventh Hour Beauty Platform and the Site. Except as expressly stated, the Agreement does not grant to you any right to, under or in, any copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Eleventh Hour Beauty Platform or the Site.
6.2 You grant to us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to use the Site Content for the purpose of providing the Services to you.
6.3 You warrant to us that the Site Content:
6.3.1 is owned by you or you have permission to use and display it;
6.3.2 does not, and will not, infringe any third party's Intellectual Property Rights;
6.3.3 do not violate any law, statute, ordinance or regulation;
6.3.4 are not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
6.3.5 are not obscene, pornographic or liable to incite racial hatred or acts of terrorism and do not contain child pornography; and
6.3.6 do not violate any laws regarding unfair competition, anti-discrimination or false advertising.
6.4 We reserve the right to remove any Site Content from the Site without notice to you at our entire discretion where, in our opinion, the Site Content breaches the warranties set out in clause 6.3.
6.5 You will be responsible and indemnify us for any loss or damage we suffer as a result of your breach of any of the warranties set out in clause 6.3.

7. Data Protection

7.1 We both will comply with all applicable requirements of the Data Protection Legislation. This clause 7 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation. In this clause 7, "Applicable Laws" means (for so long as and to the extent that they apply to us) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and "Domestic UK Law" means the UK Data Protection Legislation and any other law that applies in the UK.
7.2 The words "controller", "processor", "data subject", "personal data", "personal data breach" and "processing" shall have the meaning as set out in the Data Protection Legislation.
7.3 We both acknowledge that:
7.3.1 if we process any personal data on your behalf when performing our obligations under the Agreement, you are the controller and we are the processor for the purposes of the Data Protection Legislation; and
7.3.2 in processing the personal data of End Users, we are both joint-data controllers.
7.4 Without prejudice to the generality of clause 7.1, each party will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to us for the duration and purposes of the Agreement.
7.5 Without prejudice to the generality of clause 7.1, both parties shall, in relation to any personal data processed in connection with the performance of its obligations under the Agreement or in the provision or use of the Services:
7.5.1 process that personal data only on the documented written instructions of the other party or data subject (as applicable), unless that party is required by Applicable Laws to otherwise process that personal data. Where a party is relying on Applicable Laws as the basis for processing personal data, that party shall promptly notify the other of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit that party from doing so;
7.5.2 ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
7.5.3 ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and
7.5.4 not transfer any personal data outside of the European Economic Area unless the prior written consent of the other party has been obtained and the following conditions are fulfilled:
7.5.4.1 we or you have provided appropriate safeguards in relation to the transfer;
7.5.4.2 the data subject has enforceable rights and effective legal remedies;
7.5.4.3 the data subject has enforceable rights and effective legal remedies;
7.5.4.4 that party complies with the reasonable instructions of the other party notified to it in advance with respect to the processing of the personal data;
7.5.5 assist each other in responding to any request from a data subject and in ensuring compliance with their respective obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
7.5.6 notify the other party without undue delay on becoming aware of a personal data breach;
7.5.7 at the written direction of the other party, delete or return personal data and copies thereof to the other party on termination of the Agreement unless required by Applicable Law to store the personal data; and
7.5.8 maintain complete and accurate records and information to demonstrate its compliance with this clause 7 and immediately inform the other party if, in its opinion, an instruction infringes the Data Protection Legislation.
7.6 Without prejudice to the generality of clause 7.1, where we are acting as joint data controllers:
7.6.1 we shall only share the personal data of End Users ("personal data") with you for the purposes of providing you with information on Bookings for End User Services made by End Users ("Agreed Purpose");
7.6.2 each party shall ensure that we share the personal data fairly and lawfully and with legitimate grounds under the Data Protection Legislation to do so;
7.6.3 each party shall provide clear and sufficient information to the data subjects, in accordance with Data Protection Legislation, of the purposes of which it will process their personal data, the legal basis for such purposes and such other information as is required by the Data Protection Legislation; and
7.6.4 you shall not retain or process the personal data for longer than is necessary to carry out the Agreed Purposes.
7.7 You warrant that you will only process the personal data of End Users in compliance with the Data Protection Legislation.
7.8 You will indemnify us for all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your breach of this clause 7.
7.9 You will indemnify us for all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your breach of this clause 7.

8. Limitation of Liability: Your Attention is Particularly Drawn to This Clause

8.1 Except as provided for in the Agreement:
8.1.1 you assume sole responsibility for results obtained from your use of the Services, and for conclusions drawn from such use. We have no liability whatsoever 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;
8.1.2 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 the Agreement.
8.2 Nothing in the Agreement excludes or limits our liability for:
8.2.1 death or personal injury caused by our negligence;
8.2.2 fraud or fraudulent misrepresentation; or
8.2.3 any other liability that cannot be excluded or limited by law.
8.3 We are not 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 the Agreement, including (but not limited to) your use of, or inability to use, the Eleventh Hour Beauty Platform and arising out of the Services.
8.4 Our total 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 the Agreement and your use of the Services shall be limited to the total Subscription Fees actually paid by you to us during the 12 months immediately preceding the date on which the claim arose.
8.5 You shall defend, indemnify and hold us harmless against any and all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with:
8.5.1 your breach of the Agreement; or
8.5.2.1 any claim brought by any third-party (including, for the avoidance of doubt, an End User) in relation to:
8.5.2.1 the End User Services provided (or not provided) by you; or
8.5.2.2 any actions (or failure to act) by you or any person (other than us) acting on your behalf.

9. Suspension and Termination

9.1 Without affecting any other right or remedy available to it, either party may terminate the Agreement by giving the other party written notice, such termination will take effect at the end of the current Subscription.
9.2 Without affecting any other right or remedy available to it, either party may terminate the Agreement with immediate effect by giving written notice to the other party if:
9.2.1 the other party commits a material breach of any term of the Agreement which is irremediable or (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so;
9.2.2 the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
9.2.3 the other party, being an individual, is the subject of a bankruptcy petition, application or order;
9.2.4 the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
9.2.5 the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.
9.3 Without affecting any other right or remedy available to it, and at our entire discretion, we may suspend the Services or terminate the Agreement with immediate effect by giving written notice to you if:
9.3.1 you fail to pay any amount due under the Agreement on the due date for payment; or
9.3.2 you, or any person (other than us) acting on your behalf, take any action (or fail to take any action) that could in any way damage our reputation or brand, including, but not limited to, where in our reasonable opinion you have acted unreasonably or unethically in your provision of the End Services to any of your customers (whether End Users or otherwise).
9.4 In the event that we receive a complaint about you or any person (other than us) acting on your behalf (including, but not limited to, a complaint about your provision of the End User Services to an End User), we shall notify you that a complaint has been received, and, at our absolute discretion:
9.4.1 investigate the complaint; and
9.4.2 suspend the Services or terminate the Agreement with immediate effect by giving written notice to you.
9.5 Following such investigation as envisaged by clause 9.4, we may elect to unsuspend the Services or terminate the Agreement with immediate effect by giving written notice to you.
9.6 In the event that we suspend or terminate the Agreement with immediate effect in accordance with clause 9.2 or 9.3, no refund of the Subscription Fees will be due to you.

10. General

10.1 Force majeure. Neither party shall be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
10.2 Assignment and other dealings.
10.2.1 We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Agreement.
10.2.2 You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Agreement without our prior written consent.
10.3 Confidentiality.
10.3.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 10.3.2.
10.3.2 Each party may disclose the other party's confidential information:
10.3.2.1 to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 10.3; and
10.3.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
10.3.3 Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Agreement.
10.4 Entire agreement.
10.4.1 The Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
10.4.2 Each party acknowledges that in entering into the Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.
10.5 Variation. Except as set out in these terms, no variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
10.6 Waiver. A waiver of any right or remedy under the Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
10.7 Severance. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 10.7 shall not affect the validity and enforceability of the rest of the Agreement.
10.8 Notices.
10.8.1 Any notice given to a party under or in connection with the Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case) or sent by email to the address notified to the other party from time to time.
10.8.2 Any notice shall be deemed to have been received:
10.8.2.1 if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
10.8.2.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; and
10.8.2.3 if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 10.8.2.3, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
10.8.3 This clause 10.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
10.9 Third party rights. Unless it expressly states otherwise, the Agreement does not give rise to any rights under the Agreements (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
10.10 No partnership. Nothing in this Agreement is intended to or shall operate to create a partnership between the parties. The relationship between the parties is that of supplier and customer only.
10.11 Governing law. The Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with, the law of England and Wales.
10.12 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.
Back to signup