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Legal

Terms and Conditions

Terms & Conditions

Interpretation & General

1.1

In these conditions: Client is the person, firm, company or organization for whom MY BELLA ZIA has agreed to provide the Services in accordance with these conditions; Contract is the Contract for the provision of Services which shall be governed by these conditions; Services means the Services to be provided by MY BELLA ZIA to or for the Client; Charge means the Charge payable by the Client to MY BELLA ZIA as notified by MY BELLA ZIA from time to time.

1.2

MY BELLA ZIA shall be entitled to alter and vary these conditions from time to time on reasonable notice to the Client without any liability to the Client.

1.3

The Client may provide MY BELLA ZIA with a password for identity verification. Both MY BELLA ZIA and the Client will keep any such password confidential.

1.4

Telephone calls between MY BELLA ZIA and the Client may be recorded and monitored from time to time for training purposes.

Supply of the Services

2.0

MY BELLA ZIA shall NOT perform any medical services. All services are NON-MEDICAL. MY BELLA ZIA does not dispense medications of any kind, no exceptions.

2.1

MY BELLA ZIA shall provide the Services to the Client subject to these Conditions or such other conditions as may be agreed in writing between MY BELLA ZIA and the Client.

2.2

The service permits the Client to request from MY BELLA ZIA any information or suggestions in relation to any personal needs or desires of the Client (including events, activities, venues, goods and Services). MY BELLA ZIA reserves the right to refuse to supply Services if, in the opinion of MY BELLA ZIA, the Services are to be used by the Client for any immoral or unlawful purpose. MY BELLA ZIA's information and suggestions will be based upon the specific criteria provided to MY BELLA ZIA by the Client.

2.3

MY BELLA ZIA shall inform the Client from time to time of the type and nature of requests with which MY BELLA ZIA are accustomed to or capable of dealing but shall not be liable to the Client in the event that a request made of MY BELLA ZIA is not capable of fulfillment by them.

2.4

MY BELLA ZIA shall, within an agreed reasonable period of time, use all its reasonable endeavors to provide information and suggestions in response to the Clients requests. If MY BELLA ZIA is unable to deal with any requests, it will inform the Client as soon as reasonably possible.

2.5

MY BELLA ZIA shall, if requested by the Client, use its reasonable endeavors to issue reminders for key events from time to time, issued at an agreed time prior to such event.

Charges

3.1

Subject to any special terms agreed, the Client shall pay MY BELLA ZIA the Charge and any additional sums agreed between MY BELLA ZIA and the Client for the provision of the Services. One hour minimum charge will apply.

3.2

MY BELLA ZIA shall be entitled to vary the rate / charge upon notice to the Client prior to services being rendered.

3.3

MY BELLA ZIA shall be entitled to invoice the Client immediately upon receipt of written acceptance of these conditions or at other times agreed with the Client.

3.4

The Charge and any additional sum due shall be paid by the Client (without any set off, counterclaim or other deduction) in advance or within 15 days of MY BELLA ZIAs invoice date.

3.5

A late payment penalty of 5% of the total invoiced charge will be payable to MY BELLA ZIA should payments not be received by MY BELLA ZIA within 15 days after the due date billed.

3.6

Charges / rates do not include the cost of products, services or other charges which may be incurred while executing the desired service.

3.7

In the event of a cancellation of hours that were purchased as part of a discount package, the discount shall be voided and the hours will be charged at full price. If a refund is due, the refund will reflect the adjusted amount. If additional money is owed, the Client shall make payment within 15 days of notification.

Client Responsibilities

4.1

Services provided by MY BELLA ZIA are provided expressly for the Clients and the Clients shall not use the Services for any improper, immoral, unlawful or any other purpose other than that for which the Client informs MY BELLA ZIA at the time of the initial request.

4.2

The Client shall immediately inform MY BELLA ZIA of the identity of any third party with whom the Client enters into a Contract or arrangement for sale of goods or supply of Services which result in the provision of Services by MY BELLA ZIA and MY BELLA ZIA shall be entitled to decline to provide such Services to such party without providing any reason.

4.3

If the Client should request that MY BELLA ZIA use the Clients credit card and /or other credit facilities for the purpose of rendering Services, the Client shall, promptly and upon request, provide written confirmation of its authorization (in such form as MY BELLA ZIA shall request) for MY BELLA ZIA to use any such credit facility. The Client acknowledges and agrees that MY BELLA ZIA shall have no liability or be responsible in any way whatsoever in respect of the use of the Clients credit card and /or other credit card facilities provided that MY BELLA ZIA acts in accordance with the instructions issued by the Client in relation thereto.

Termination

5.1

When the Client has entered into an agreement of duration longer than one calendar month, MY BELLA ZIA and the Client shall be entitled to terminate the Contract for the provision of all or any of the Services on 15 days written notice to the other.

5.2

Without prejudice to any other accrued rights and remedies available, MY BELLA ZIA shall have the right to terminate the Contract for the provision of all or any of the Services forthwith upon written notice if:

5.2.1

The Client commits a serious breach of these conditions or, in the case of a breach capable of remedy, fails to remedy such breach within 7 days of written notice from MY BELLA ZIA to so remedy; or

5.2.2

The Client goes bankrupt or turns insolvent or makes voluntary arrangement with any of its creditors or has an order made against any of its effects or property.

5.3

On termination for any reason whatever, the Client shall immediately make payment to MY BELLA ZIA of all and any sums outstanding and owing to MY BELLA ZIA under these conditions (including the Charge or any outstanding balance) and MY BELLA ZIA shall provide information and suggestions in response to all outstanding requests made by the Client prior to termination.

5.4

On termination of the Contract pursuant to clauses 5.1 and 5.2 above, the Client shall not be entitled to refund of the Charge.

Liability

6.1

MY BELLA ZIA shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the provision of the Services or the Clients reliance upon the information and suggestions provided by MY BELLA ZIA hereunder and the resulting supply of goods and Services to the Client by any third party.

6.2

MY BELLA ZIA warrants to the Client that MY BELLA ZIA shall use all of its reasonable endeavors to provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with the Clients requests and instructions from time to time. Where MY BELLA ZIA supply the Client with any goods or Services supplied by a third party, MY BELLA ZIA does not give any warranty, guarantee, representation or other terms as to the quality, fitness for purpose or otherwise of the goods or Services and the Client shall be required to seek compensation for any loss or damage suffered from such third party direct. For the avoidance of doubt MY BELLA ZIA does not and will not provide any representations or recommendations in relation to any of the information and suggestions comprised within the Services and the Client is deemed to be responsible for, and shall use its own skill and judgment as to the quality, value and suitability of any such information and suggestions and in relation to deciding whether to enter into any Contract with any third party for the supply of Services or sale of goods.

6.3

MY BELLA ZIA shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or arising from their late arrival or non arrival, or any other fault of the Client.

6.4

MY BELLA ZIA shall not be liable or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure, any of MY BELLA ZIAs obligations in relation to the Services, if the delay or failure was due to any cause beyond MY BELLA ZIAs reasonable control.

6.5

Subject to the provisions of this clause 6, MY BELLA ZIAs maximum liability to the Client for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Client in full).

Disclosure of information

7.1

All information received by MY BELLA ZIA in relation to the Client shall remain confidential and, except as maybe required by law, MY BELLA ZIA shall not, without the Clients prior written consent, disclose or divulge to any third party any information of any nature whatsoever in relation to the Client.

7.2

Unless MY BELLA ZIA receives notice from the Client to the contrary, MY BELLA ZIA shall from time to time provide to the Client (by mail, telephone, or email) such information in relation to the Services that MY BELLA ZIA considers maybe of interest to the Client.

General

8.1

These conditions (together with any other terms and conditions agreed in writing between MY BELLA ZIA and the Clients from time to time) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except on notice from MY BELLA ZIA. All other terms and conditions express or implied by a statute or otherwise are excluded to the fullest extents permitted by Law.

8.2

No failure or delay by MY BELLA ZIA in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by MY BELLA ZIA of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

8.3

If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in parts, the validity of the other provisions of these conditions will still stand.

8.4

These conditions and the Contract to which they relate shall be governed and construed in accordance with Law and the parties shall submit to the exclusivity jurisdiction of Arbitrators.


 
 

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