ABOUT SNAPKUT PARTNER AGREEMENT
The following terms and conditions lay out the names of business between SNAPKUT and you, the partner. Please read these partner terms of business carefully before your
commitments of a business relationship by and through the ‘SNAPKUT’ platforms maintained at…..WWW.SNAPKUT.COM [the WEBSITE].
Your usage of the ‘snapkut’ Platforms confirms your Agreement to be bound by these terms of business and is subject to your continued compliance with the same.
If you do not agree to be bound by these terms of business, you may not access or otherwise use the ‘SNAPKUT’ platforms in any manner whatsoever.
‘SNAPKUT’ services, charges and performances related obligations subject to this Agreement, ‘SNAPKUT’ shall provide the applicable ‘SNAPKUT’ services to the partner, which shall [unless otherwise agreed] include a personal, non_ exclusive, non transferable and fully revocable licence to use ‘SNAPKUT’ sub-admin panel, the terms of which are set out in full details under the clauses [obligatins and Access to ‘SNAPKUT’ sub-admin panel].
In respects of all orders,‘ SNAPKUT’ is at this moment appointed as an agent at law for the partner to conclude the order with a customer and collect and process payments on behalf of the partner as and when applicable.
However, nothing herein shall prevent or limit the partner from remaining fully responsible and liable for their provisions and supply of partner services to customers.
- In considerations of receiving the ‘SNAPKUT’ services outlined in clause 1, the partner agrees to pay all applicable charges to ‘SNAPKUT’ and offer partner services by the highest industry standards in general and terms and conditions set out in this Agreement in specific.
- The partner must accept all orders and may only decline to take the same in exceptional circumstances.
- Partners using ‘SNAPKUT’ Sub-admin panel will be responsible for confirming receipt of each order using the confirmation link in the ‘SNAPKUT’ order confirmation EMAIL sent to the partner following receipt of an order [ the “order confirmations,,] within four working hours of receipts. If a partner has not responded to an order confirmation within four working hours of receipt, “SNAPKUT’ will have the right to take such action in respect of that order, as a deems reasonable in its sole discretion. This may include cancellation of an order by ‘SNAPKUT’ in which case the partner may be considered to be in material breach of this Agreement.
- In respects of all orders, the partners are obliged to comply with the cancellation and rescheduling policy set out in general terms and conditions.
- ‘SNAPKUT’ will offer a full refund in respect of E- VOUCHER bookings canceled anytime before their expiry unless the E- VOUCHER has been used to book an appointment or stay or has been redeemed against another purchased. Please note that customers are entitled to cancel E-VOUCHER bookings at any time up until expiry, and the partner will have no rights to that bookings until it becomes a dated booking.
- ‘SNAPKUT‘ will offer a refund in respect of dated bookings [ except for overnight S.P.A. breaks] which are canceled [ or unable to be rescheduled], provided the relevant appointment is not due to take place in the next 72 hours, 48 hours, or 24 hours, such time frame to be selected by the partners.
- In respect of overnight S.P.A. breaks, The partner may choose to treat such overnight S.P.A. breaks in the same way as dated bookings or may be determined that such overnight S.P.A. breaks or not capable of cancellation or rescheduling from the time order confirmation are received.
- If a customer wishes to change the date and time of a dated booking, provided the customers’ contacts ‘SNAPKUT’ to do so at least 24-72 hours before the time of the appointment, the partner must endeavor to offer the customer a suitable alternative booking time and/or date. In the event that a partner is unable or unwilling to fulfill an order pursuant to a customer requesting such a change, ‘SNAPKUT’ will treat the order as canceled by the customer and will refund the customer the full amount of the order.
- , If a partner wishes to change the date and time of dated bookings, and the customers are unable or unwilling to agree to such change, ‘SNAPKUT’ will treat the order as canceled by the partner and will refund the customer the full amount of the law. However, if ‘SNAPKUT’ deemed it reasonable to do so under the circumstances, and ‘SNAPKUT’ Sole discretion, ‘SNAPKUT’ may still require the partner to pay the appropriate amount of the commission that would have been due from the partner in respect of that’s orders.
- The partner must ensure that all partner content [ including a description of offered services, price, and photographs] is correct and rightfully owned by them. Any partner – specific terms and conditions should also be displayed prominently within such content, either in the ‘SNAPKUT‘ website or as a link to a self-contained web page. No customers should be bound by any partner – specific terms and conditions if those terms and conditions were not brought to the attention of the customer before their placing the order.
- The partner must ensure that the partner services are being offered on the website at the best available rate. If a customer provides proofs of a better price available elsewhere for the same partner services that he/ she had booked through the ‘SNAPKUT’ website, ‘SNAPKUT’ reserve the right to refund the customers the difference of such prices at the partners cost.
- In respect of E- VOUCHERS bookings, the partner may set expiry date, and other reasonable terms and conditions of uses as the partners may deem fit. Such terms and conditions must be made clear to the customers before purchase and can not be changed after the customer has made the order.The partner will also be responsible for verifying the validity and unique uses of an E- VOUCHERS.
- In respect of dated bookings where at the time of making order the customer book a time and / or date at which to receive those partner services [ including’’ Pay at venue ‘’ option], the partners bears full responsibility for ensuring that the information on ‘ SNAPKUT’ S.U.B.—ADMIN panel regarding the date and time of the service is accurate and available for bookings.
- The partners shall not solicit customers to make orders otherwise than through the ‘SNAPKUT’ platforms, website, distribution channels, or widget [ as applicable].any attempt at the same will be considered as materials breach of this Agreement.
ACCESS TO ‘SNAPKUT’ S.U.B.- ADMIN PANEL
- ‘SNAPKUT’ sub-admin panel is the customized service available exclusively for the use and benefit of ‘SNAPKUT’ partners, whereby they can manage all ‘SNAPKUT’ bookings and have full access to additional services offered by ‘SNAPKUT’ upon payment of the appropriate charges as illustrated under the following clause.
- ‘SNAPKUT’ Sub-admin panel shall be available on an ‘As Is’ and AS Available’’ Basis, and shall be used by the partner solely for processing ‘’SNAPKUT’’ orders for and on behalf of itself.
- ‘’SNAPKUT’’ sub-admin panel will come with variable functionally customized as per the need of the business. The complete list features an options available via ‘’SNAPKUT’’ sub-admin panel will be as follows:
- Manage services and profiles; this option will help the partners to manage and update the individual pricing of their listed services.
- Manage price list; This option will help the partners to manage and update the individual pricing of their listed services.
- Stylist/Employees available; This option will help the partner to manage and update the list of available stylists’ profiles along with a brief description of their skills and an accompanying image.
- Time slots; This option will help the partners to manage and update their available timeslots and working hours. Customers will be able to book available timeslots on a first-come basis. After a booking is confirmed, any double booking has been confirmed. Any double booking has been confirmed, any double booking for the same timeslot will be automatically canceled.
- Post promotions; this option will help the partners to manage and update their unique promotions and discount codes for the customers as and when applicable. A partner can also post customized advertisements on the “SNAPKUT” live feed, provided “SANAPKUT” admin approval is included in the partner package as per their business model.
- View Bookings; this option will help the partner to manage and update the scheduled bookings on a day to day basis. Partners shall also be notified of user arrival based on an integrated app-based G.P.S. tracking system.
- Payment History: This option will help the partners to receive a snapshot of the payment made on their profile.
- Purchase package; this option will help the partner to purchase a package based on their business module.
- The partner understands and accepts the “SNAPKUT” uses third party vendors and hosting partners to provide the hardware, software, networking, storage, and related technology required to run “SNAPKUT” Sub-admin panel. The partner also acknowledges and agrees that “SNAPKUT” Shall have administrator access to all parts of the “SNAPKUT” sub-admin panel, including those parts that have been specifically tailored for the partner.
“SNAPKUT” does not warrant:
- Deliver product and services, process payments, communicate with you, and generally maintain your account with us.
- that the “SNAPKUT” sub-admin panel will meet the partner-specific requirements.
- that “SNAPKUT” sub-admin panel will be uninterrupted, timely secure, or error-free,
- that any information or results that may be obtained from the use of “SNAPKUT” sub-admin panel will be accurate or reliable,
- That the quality of any products, services, information, or other material purchased or obtained by the partner through “SNAPKUT” sub-admin panel will meet the partner requirement or exceptions.
- that any errors in the “SNAPKUT” sub-admin panel will be corrected.
SNAPKUT LOYALTY POINT SYSTEM
“SNAPKUT” has developed a unique loyalty point system for our customers. Loyalty points will be granted upon each successful online booking made by the customers and can be redeemed against future bookings with any partner.
FEES AND CHARGES
- The pricing strategy of “SNAPKUT” is based on a fixed commission fee structure,
- the business category % commission fees will be offered to all salon and S.P.A., which aim to access “SNAPKUT” as a business with their own set of stylists and employees. Details of the % commission fees will be specified in a separate contract signed with the partner.
- the stylist category fixed charged membership fees will be offered to all freelancers stylists who aim to access “SNAPKUT” in their capacity and do not maintain any affiliation with any salon and S.P.A.
- By agreeing to these terms and conditions, the partner agrees to good faith not to duplicate, reproduce, copy, sell, or exploit the business model, in whole or in part, in any ge0grapchial region and any manner whatsoever.
- .” Snapkut” will issue an invoice statement to partners on the 1st and 16th of each calendar month [ the invoice statement ] which will set out, in the account summary at the top of invoice statement the account summary.
- The balance carried over from the previous invoice statement if any.
- What ” SNAPKUT”; owes the partner in respect of fulfilled orders in the periods since the last invoice statement.
- what the partner owes “SNAPKUT” in honor of charges since the previous invoice statement.
- the resulting account balance [ the closing balance] payable either by “SNAPKUT” to the partner or the partner to “SNAPKUT”.
- The invoice statement will also itemize all categories of orders and charges including.
- Fulfied orders made on the website or any distribution channel where the customers prepay the total amount payable about that order “pre-payment orders.
- Widget orders.
- charges payable to “SNAPKUT” by the partner which are not directly tied to a collection by “SNAPKUT” Of payment for a specific order from a customer [ that is, where “SNAPKUT” sub-admin panel charges are due, or where such others charges or amount are from time to time payable by the partner to “SNAPKUT”.
- If the closing balance is negative,” SNAPKUT‘; Will transfer the closing balance to the partner within 3 to 5 business days of the date of invoice statement, and no further action in respect of that invoice statement will be required by the partner.
- closing balance is positive and is more than AED 50.00. The partner will be required to transfer the closing balance to “SNAPKUT” Within 30 days of that date of the invoice statement to the account details listed in the invoice statement. If the closing balance is positive but less than AED 50.00, this will be carried over to the next invoice statement. If the partner has any concerns regarding the invoice statement or its ability to transfer the closing balance with the required time frame, the partner should contact a designated account manager at “SNAPKUT”.
- If the closing balance is zero, the invoice statement will state that the closing balance is settled, and there is nothing further for “SNAPKUT” Or the partner to do in respect of that invoice statement.
- . In respect of pre-payment order, the following terms and conditions shall be applied.
- ‘SNAPKUT’ receives pre-payment-payment from customers as the partners’ commercial agent, and the customers’ debts to the partners in respect of the orders shall be discharged when the pre-payment-payment is received by the “SNAPKUT’.
- Unless otherwise agreed in writing between “SNAPKUT” and the partner, any onward payment of amount collected by “SNAPKUT” And due to the partner will be strictly subject to the partner having provided the partner services under an order by this Agreement.
- onward payment of any closing balance will be payable by “SNAPKUT” or the partners, as applicable, by clause 3 or 4 above. For the avoidance of doubts payments in respect of E- VOUCHER bookings will only be made by “SNAPKUT” IF the partner correctly inserts the unique voucher code in respect of that E-voucher In to connect.
- in any event “SNAPKUT” reserves the right to deduct [A] Any sums payable to “SNAPKUT” by the partner, and [B] any refunds or chargebacks relating to orders, from any balance collected by “SNAPKUT” on the behalf of partner prior to onward payment of any closing balance to the partners.
- All payment due from “SNAPKUT” to the partner shall be made via bank transfer using the bank details provided by the partners to “SNAPKUT” IN “snapkut” S.U.B.- Admin panel [ and as set out in the invoice statement], and it is the partner responsibility to ensure that these details are correct. “SNAPKUT” will only make payments due to the partner directly to the partner and can not makes payment to any 3rd party.
- “SNAPKUT” reserve the right to charge interest in all amounts payable to” SNAPKUT” from the partner, which are not paid by the relevant due date at the annual rate of 4% above the official base rate from time from the bank. Such interest will accrue daily from the date on which payment became overdue up to the date on which “SNAPKUT” receives the full outstanding amount together will all accumulated interest.
- If “SNAPKUT” reasonable grounds to suspect that the partner has made or makes any direct or indirect attempt to avoid paying any charges…….FOR EXAMPLE…….., without limitation, by fraudulently flagging an order fulfilled using a no show, this shall be a material breach of this Agreement and shall give “SNAPKUT” the right, without limiting others remedies available to it, to withhold and retain any payment due to the partner under this Agreement.
CUSTOMERS SERVICE AND COMPLAINTS
- The partner shall use best endeavors to provide top quality partner service to all customers and shall be directly responsible to the customers for any failure to fulfill customer expectations
- “SNAPKUT” shall refer any customer complaints it receives to the partners, and all partner shall acknowledge all charges, and shall respond to the relevant customers within 48 hours of the partner’s receipt of a complaint [ whether the complaining has come directly from the customers or via “SNAPKUT”.
- The partner shall make all efforts to resolve any complaint within 14 days and must notify ‘SNAPKUT’ of any correspondence between the partner and the customer relating to the complained and generally keep “SNAPKUT” apprised of its progress and the status of the opposed.
- The partner at this moment acknowledging and accept the website include a reviewing platform, upon which customers may post publicly viewable reviews about their experiences with “SNAPKUT” and with the partner [ particularly about the partner services.
user generated content
The partner should note that these platforms may not be opted out from and may, from time to time, contain negative reviews and / feedback from consumers, which is outside “SNAPKUT” control. There is an option for the partner, if they are the subject of any user-generated content, to replies to reviews about them. However, any material the partner post in response to user-generated content must be polite and professional and nonthreatening or confrontational, and it may be subject to review by “SNAPKUT” [ At removed or amended in “SNAPKUT” sole discretion if “SNAPKUT’ deems reasonably necessary]. For the avoidance of doubt, the Partner shall have no rights to any remedy [ including without any limitations, any right to terminate this Agreement] as a result of any user-generated content naming or referring to the partner. However, if the partner, acting reasonably, feels that any user-made content is defamatory of the partner or any person or in some other way in a violation of any person’s legal right, the partner may flag and report that user-generated content to “SNAPKUT.” In such cases “SNAPKUT” shall review the same and in its sole discretion take any action it deemed necessary or desirable [ including, for example,….removing or amending the relevant piece of user-generated content.
- For this clause, all customer data shall be processed as per the local regulations of the data protection law and can only be used by the partners for the sole purpose of fulfilling the proper order.
- Additionally and specifically, the partner shall:
- promptly comply with any request from “SNAPKUT” requiring it to amend, transfer or delete the personal data.;
- implement appropriate technical and organizational measures to protect the personal data against unauthorized or unlawful processing and accidental loss, destruction, damage, alteration or disclosure,
- Take all reasonable steps to ensure that reliability of its staff and agents who may have access to the personal data and ensure that such staff and agents. [a] are informed of the confidential nature of the personal data, and [b] have undertaken training in the law relating to handling personal data,
- not cause or permit the personal data to be published, disclosed or divulged, or transferred to any 3rd party under any circumstances whatsoever.
- Notwithstanding any of the above, where the partner is receiving the service by virtue of being a “SNAPKUT” sub-admin panel user, the partner may send marketing or promotional communication to customers whose details restored in “SNAPKUT” sub-admin panel and who has given consent via a pre-ticked ‘opt-in’ box on signing up to receive the “SNAPKUT” services to remarketing or promotional communications from any partner from whom they order partner services.
- Any breach of this clause will be a material breach of this Agreement.
- This clause shall survive the termination or expiry of this Agreement.
PARTNER WARRANTIES AND INDEMNITY
- The partner shall provide “SNAPKUT” With any partner content it reasonably requires to be supplied to satisfy the “SNAPKUT” services.
- The partner warrants that all partner content its supplies to “SNAPKUT” connection with this Agreement will be accurate in all material respect and shall not infringe any other person’s rights [including intellectual property rights] or be defamatory, unlawful, offensive, threatening, or pornographic, or otherwise falling below standards of taste and decency.
- The partner at this moment grants “SNAPKUT” rights
- To use and published the partner content in connection with the provision of “SNAPKUT” services,
- to remove, edit, cut down or otherwise amend partner content posted on any pages, including without limitation where such partner content does not, in “SNAPKUT” opinion comply with the warranties in clause 8.2 or is otherwise in breach of this Agreement,
- To make use of search engine optimization services and otherwise mechanism that embodies, incorporate or quote[ in whole or part] the trading name of the partner or any brand use in connection with the partner services.
- The partner warrants, represents and undertakes that its shall complete with all applicable law and advertising revolution in the marketing, sale and provisions of the partner services and shall obtain all licences, consents, authorities and insurance it is either necessary or reasonably prudent for the partner to get in respect of all its business activities and personnel [but especially in connection with the provision of partner service.
- The partners hereby agrees to indemnify and keep indemnified and hold harmless “SNAPKUT” and its officers, directors, and employees, from and against any and all claims, demands, obligations, actual, alleged causes of action and lawsuits and all damages, liabilities, fines, judgment, cost [ including settlement cost], expenses, associated therewith [ including the payment of reasonable legal charges and disbursements ] and losses [ including but not limited to any direct , indirect or consequential damages, loss of profit, loss of reputation and all intrest, penalties and legal cost[ calculated on full indemnity basis] and all other reasionable professional cost and expenses arising out of or inconection with any breach by the partner of any term of this Agreement or arising out of any action brought by any 3rd party relating to partners service provided [ or not provided], or action[ or failure to act] , of the partner or any person [ other than “SNAPKUT” acting on its behalf , including, without limitions any action brought inconection with any data protection legislation., partner content or a customers visit the partners venue.
TERMS OF THE AGREEMENT
- For this Agreement, effective date shall mean the earlier of [a] the partner beginning to receive the “SNAPKUT” services or [b] if the partner uses the online self- sign up” form , the date on which the partners ticks the box to confirm their acceptance of this agreements or, if the partner enters into this Agreement pursuant to a meeting or other direct communication with ‘” SNAPKUT’, the date on which the partner is sent a confirmatory copy of this Agreement from “SNAPKUT” [ Which will usually be by EMAIL on the same days that meeting or other direct communication.
- Where a partner has elected to receive “SNAPKUT” SERVICES which attract fees, if it wishes to cease receiving one or more of the same, the partner must give “SNAPKUT” at least 30days to notice in writing and will remain liable to pay any applicable fee about the notice period.
- ” SNAPKUT” may in its sole discretion, change the amount of any fees and/ or that rate of commission at any time of 30 days notice to the partner, either by specific notice updating the pricing here; https; www.snapkut.com [ pricing change notice], if the partner, as a result of a pricing change notice wishes to change the” SNAPKUT” services it receives, it must provide written notice to” SNAPKUT” to this effect within 14 days of pricing change notice coming into force for that partner. In all other circumstances, with the partner wishes to make any changes to the “SNAPKUT” services it receives, notice must be given to snapkut by clause,
- unless otherwise indicated and, / or except for partner content , all right regarding the platforms and its content and information, including copyrights and other intellectual property right [ including but not limited to trademark rights, trade name directly, database right, design right, patent law and other ] [ written/ or unwritten ] intellectual property rights and or content provide by “SNAPKUT” through the platforms [ including but not limited data, files, photographs, texts, layout, images, etc…] is proprietary to “SNAPKUT” or its licensors . Nothing in this Agreement gives the partner any rights in respect of any such intellectual property rights and of the goodwill associated in addition to that.
- ” SNAPKUT” retain the exclusive right to revise and amend these terms and conditions from time to time without prior notice to reflect changes in market conditions affecting the business, including changes in technology, payment methods, regulatory requirements, and system capacity.
- The relationship of parties is that of independent contractor dealing arm’s length. Except as otherwise stated in this Agreement, nothing in this Agreement shall constitute the parties and partners, joint venture, or co-owners.
- Neither party may be assigned, transfer, charged, sub-contract, or otherwise deals with any parts or all of this Agreement without the prior written consent of the other party [ not to be unreasonably withheld, conditions or delayed.
- “SNAPKUT” gift vouchers have now will be replaced by the” SNAPKUT” gift card and can only be redeemed by the customers directly on the website. Partner must not accept any” SNAPKUT” gift card as payment for orders.
- If any terms of this Agreement found to be illegal, invalid or unenforceable under any applicable; law, such terms shall, insofar as it is severable from the remaining terms, be deemed omitted from this Agreement and shall in no way affect the legality, validity orb enforceability of the remaining terms.
- This Agreement contents all the terms agreed between the parties regarding its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
- This Agreement shall be governed and interpreted by the law of India. The parties submit to the exclusive jurisdiction of the Indian court [ district court or high court or supreme court] to settle any dispute arising out of or in connection with this Agreement.