Beu Partner Terms of Business
Last Updated 24/04/2024
SUMMARY
Beu provides a booking platform and a salon management system on which you can advertise the Partner Services which you offer in your salon or barbershop.
If a client pays in advance for a Partner Service, we will collect the payment on your behalf. Confirmation of a booking complete will release that payment from us, where it will be transferred to your Stripe Connect Account within 2-3 business days. The first payment into your Stripe Connect Account may take longer and will take between 7-14 days.
If there are any outstanding balances and Beu owes you money, we will pay this into your account within 30 Business Days. If there are any outstanding fees owed, payment must be made within 14 days of notification. Should you encounter any issues with settling an outstanding balance, please contact us promptly at info@beuapp.com.
If you have any issues with paying an outstanding balance, please let us know as soon as possible by emailing info@beuapp.com
All bookings that come through the Beu app will be subject to any card fees that Beu incurs. The prices that you as a Partner advertise on the App must be inclusive of VAT where VAT is applicable.
Online and via Card Reader Transaction Fees
For payments both online and through the payment terminals the card fees are charged as below:
Card Type / Issuing Country / Fee
Visa/ Mastercard / Domestic (UK) / 1.25% + 20p
Card Type / Issuing Country / Fee
Visa/ Mastercard / EEA / 2.35% + 20p
Card Type / Issuing Country / Fee
Visa/ Mastercard / International / 2.75% + 20p
Card Type / Issuing Country / Fee
Amex / Domestic (UK) & EEA / 2.35% + 20p
Card Type / Issuing Country / Fee
Amex / International / 2.75% + 20p
Please note that this is for GBP payments in the United Kingdom.
All withdrawals that come through the Beu app will be subject to any processing fees that Beu incurs. There are two different types of withdrawals fees:
Standard - For all standard withdrawals there is a 0.25% + 10p fee.
Instant - For all instant withdrawals a 2% fee.
If a customer disputes a card payment and the dispute is ruled in favour of the customer there will be a charge of 15.00 GBP.
All Partner Services which are provided to the Customer in your Salon are your responsibilities and not Beu’s. In addition, any contract formed is between you and the Customer. We are in no way liable to Customers for the Partner Services they receive from you.
By agreeing to these Partner Terms of Business:
You agree to pay all applicable charges, including any value-added tax (VAT) where relevant.
You agree to provide Partner Services to the highest industry standards.
It is your responsibility to ensure you have all licences, consents, qualifications, authorities & insurance required to apply the Partner Services.
All Partner Content that you upload to the app must be legally compliant, accurate and not misleading. It must also not violate any copyright law or be deemed offensive by Beu.
You must make all customers that make a booking with you aware of the cancellation policy that you have in place. You will not cancel or reschedule a Beu Booking without a fair reason deemed sufficient by Beu.
If you want to talk to us or need any advice, please get in touch with our team and we’d be happy to help: info@beuapp.com
FULL PARTNER TERMS OF BUSINESS BELOW
Please read the full version of the Partner Terms of Business carefully before you begin using the Beu Services. If you disagree with this Agreement, then you should not use the Beu Services.
1. DEFINITIONS
1.01. “Affiliate” any entity that from time to time directly or indirectly controls, is controlled by, or is under common control with Beu;
1.02. “Agreement” or “Partner Terms of Business” means this agreement which sets out the terms and conditions that the Partner has to agree with to use the Beu Service. This comes into effect on the Effective Date;
1.03. “App” means the Beu mobile application;
1.04. “Beu” means Beutech Ltd (t/a Beu), a company registered in England under company number 10822992 and whose registered office is at 116 Rosebery Road, Epsom, Surrey, KT18 6AA;
1.05. “Beu Booking” means a booking made on the App for any of the Partner Services;
1.06. “Beu Customer” means a Customer who books via the App
1.07. “Beu Services” means the benefits and services a Partner may receive from Beu in return for paying any Charges to Beu;
1.08. “Booking” means any booking made by a Customer for any of the Partner Services
1.09. “Booking Terms and Conditions'' means Beu’s booking terms and conditions in relation to the Partner Services offered on the App:
1.10.“Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
1.11.“Commission” means the commission plus VAT payable by the Partner to Beu calculated based on the total amount payable by a Beu Customer for a Beu Booking;
1.12.“Charges” means the Commission and any Fees;
1.13. “Customer” means any person who purchases or receives the Partner Services via the App;
1.14.“Client List” means the Partner’s database of Customers who have booked Partner Services through the App;
1.15. “Completed Booking” means a Booking in which the Partner has successfully provided the Partner Services to the Customer and marked the appointment as complete, or 24 hours have passed since the booking took place and it was automatically marked as complete.
1.16.“Data Protection Legislation” means European Directives 95/46 and 2002/58/EC and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them (including the General Data Protection Regulation) and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction;
1.17.“Distribution Channels” means any third party website or other media through which the Beu Services are from time to time advertised to Customers;
1.18.“Effective Date” means the earlier of either the date the Partner beginning to receive the Beu Services or the date on which the Partner confirms its acceptance of this Agreement;
1.19."General Data Protection Regulation" or "GDPR" means Regulation (EU) 2016/679
1.20.“Indemnified Third Party” has the meaning set out in clause 7.8;
1.21.“Intellectual Property Rights” means all intellectual property rights on a world-wide basis whether currently in existence or otherwise;
1.22.“Material Breach” means a breach (including an anticipatory breach) which is not minimal or trivial in its consequences to Beu, including but not limited to a breach of clauses 4.1, 4.2, 4.4, 4.6, 4.8, 4.10, 6, 7.5. In deciding whether any breach is material no regard shall be had as to whether it occurs by some accident, mishap, mistake or misunderstanding;
1.23.“No Show” means a client fails to show up for an appointment without cancelling or rescheduling the appointment prior to the appointment taking place, and the hairdresser registers the client as failing to attend through the App.
1.24. “Page(s)” means the in Partner’s designated section of the App and the contents of the Partner’s own website(s) or other website(s).
1.25.“Partner Customer” means a Customer who books Partner Services directly with the Partner and not using the App but whose details are stored in the App by adding an appointment in the App or otherwise;
1.26.“Partner Services” means the services and goods that the Partner advertises on the App and provides/ supplies to the Customer through the use of Beu Services;
1.27. “Pay at Salon Booking” means a Booking made using the “Pay at Salon” option and therefore paid upon attending the appointment instead of at the time of booking;
1.28. “Pricing Change Notice” has the meaning set out in clause 2.3;
1.29.“Fee” means any cost which may be required to receive bookings or use any of Beu’s services.
1.30. "Website" refers to the website located at https://www.beuapp.com, including all its subdomains, as well as any associated mobile applications.
2. BEU SERVICES AND CHARGES
2.1 Beu shall provide all the applicable Beu Services to the Partner providing the Partner performs all obligations in regards to getting listed on the app.
2.2 Beu shall act and as appointed agent to conclude any Beu Bookings that a Partner has with a customer, and where applicable will collect and process payments on behalf of the Partner. Nothing shall prevent or limit the Partner from bearing full responsibility and liability in their provision and supply of Partner Services to the Customer. Beu is solely a technology provider and has no direct relationship with the Customer in respect of Bookings.
2.3 Beu may introduce Fees and adjust the rate of Commission at any time on 30 days’ notice to the Partner (“Pricing Change Notice”). The Partner’s continued use of the Beu Services after receipt of such Pricing Change Notice will be deemed acceptance of the new Fees and/or rate of Commission.
3. PARTNER SITE LICENCE
3.1. Subject to payment of applicable Charges, the Partner may use Beu for the purpose of processing Bookings of Partner Services for and on behalf of itself only.
3.2. The Partner’s use of Beu is at the Partner’s sole risk. The service is provided on an “as is” and “as available” basis.
The Partner understands and accepts that:
3.3.1.Beu uses third party vendors and hosting partners to provide the software, networking, storage, and related technology required to run the App;
3.3.2 .Beu shall have administrator access to all parts of the App,
3.3.3 .Beu will track the Partner’s and employees of the Partner’s use of the app via the use of third party tools such as Amazon Web Services. Beu will be able to see every interaction the user has, and will include but will not be limited to appointment creation, editing employees and viewing the calendar and appointments. This will be done to see how Partners interact with the App, and will be used to improve the service.
3.4. It is the Partners responsibility to alert its employees that such tracking is taking place. References to the tracking are included in Beu’s Privacy Policy here https://www.beuapp.com/privacy, which should be brought to the attention of the Partner's employees;
3.5. The Partner shall not:
3.5.1. reproduce, copy, duplicate, sell, resell or exploit the any part of the entirety of the App,
3.5.2. allow any third party to use or access the App without express prior written permission from Beu (which may be denied or granted on such terms as Beu in its sole discretion may determine);
3.5.3. disclose, share or resell any Beu log in details
3.6. Beu does not warrant:
3.6.1.that the App will be uninterrupted, timely, secure and error-free;
3.6.3. that the Partner’s specific requirements will be met by the App;
3.6.4. that accurate and reliable information or results will be obtained via use of the App;
3.6.5. that the quality of any products, services, information, or other material purchased or obtained by the Partner through the App will meet the Partner’s requirements or expectations; or
3.6.6. that the App will be error-free, and that any errors that are uncovered will be fixed
3.7. The Partner understands Beu shall not be liable for any loss of income or profits, loss of goodwill, loss of contracts, loss of data, or other intangible losses, or for any indirect or consequential loss or damage (even if Beu has been advised by the Partner of the possibility of such loss or damage) resulting from:
3.7.1.the Partner’s use of, or inability to use, the App;
3.7.2. unauthorised access to or alteration of the Partner’s transmissions or data;
3.7.3. statements or conduct of any third party on the App.
3.7.4. any other matter relating to the App.
3.8. When signing up for Beu, Partners may choose to log in using their Facebook or Apple accounts, or they can register using an email address and password. These will form the user account details. It is the Partners responsibility to keep these user account details confidential, and not allow anyone else access who does not need it. It is the Partner’s responsibility to make anyone provided access to their account details aware of their obligations to keep these details confidential and secure. If the Partner suspects any improper use or security breach of their account details the Partner should immediately notify Beu.
4.0 PARTNER OBLIGATIONS
4.1 The Partner is obliged to pay all applicable Charges to Beu once they have been approved to be listed on the system. Partners must accept all bookings and any bookings they receive should be carried out to the highest industry standards and in line with any specific terms and conditions set out in this Agreement. Any breach of this Clause will be considered a Material Breach of this Agreement.
4.2. All bookings must be accepted by the Partner and the Partner can only refuse to accept Bookings under exceptional circumstances. If a Partner refuses to carry out a booking, without satisfactory reasoning behind the cancellation, they will be considered to be in Material Breach of this Agreement, and consequently may forfeit any payments due to them. You agree to follow the obligations regarding Beu bookings that are set out in the Booking Terms and Conditions which can be viewed in full in the App.
4.3. In summary:
4.3.1. A refund will be issued by Beu if a booking is cancelled or rescheduled, providing the booking is not due to take place within 24 hours.
4.3.2. A booking can be rescheduled or cancelled by a customer without penalty, providing the action takes place with more than 24 hours’ notice. If the booking is due to take place in less than 24 hours, and the Customer reschedules, they will be charged, as is stated in the Beu Booking Terms and Conditions.
4.3.3. If a Partner wishes to change the date and/or time of a Beu Booking, in the event that the Customer is unable or unwilling to agree to such change, Beu will treat the Beu Booking as cancelled by the Partner and will refund the Customer the full amount.
4.4. The Partner must only upload photographs that they have permission to use. The details of all prices of Partner Services and any information uploaded must be correct, accurate and not misleading. Any breach of this clause is a Material Breach of the Agreement.
The Partner must not post any links or references to any third party tool, app, platform or website in their bio on the App.
4.5. All Services that the Partner offers on the App must be at the same price or cheaper than that the Partner offers in Salon, on any printed material or on their own website. If found to be overcharging on the App, Beu reserves the right to refund any customer the difference and to adjust the amount paid to the Partner accordingly. Partners are allowed to offer lower prices to closed groups of individuals in Salon and to members of any loyalty group. A breach of this clause shall be a Material Breach of this Agreement.
4.6. Before listing any employees or contractors on the App, the Partner must ensure that they have received consent.
4.7. It is the Partners responsibility to ensure all information regarding booking availability is completely up to date, ensuring that any customers are able to view accurate time and date availability at the time of making a Booking.
4.8. The Partner shall not solicit Customers to make Bookings otherwise than through the App.
If a Customer makes a booking through the App, and the Partner encourages the Customer to cancel their Booking through the App and to make a separate booking with the Partner, the Partner will be considered to be in Material Breach of this agreement.
4.9. If Beu has 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 a Completed Booking using the “Pay at Salon” option as a “no show”, this shall be a Material Breach of this Agreement and shall give Beu the right, without limiting other remedies available to it, to withhold and retain any payments due to the Partner under this Agreement.
5.0 CUSTOMER SERVICE AND COMPLAINTS
5.1. The Partner should provide top quality Partner Services to all Customers. Any sales enquiries, issues or complaints should all be dealt with in a timely manner.
5.2. The Partner shall be directly responsible to the Customer for any failure to fulfil the Customer’s expectations or for any other legal liability which arises in respect of the Partner Services, save where such liability arises as a result of Beu’s negligence.
5.3. Any customer complaints that Beu receives shall be referred to the offending Partner. The Partner should respond to any complaints within 48 hours of being made aware of Customer satisfaction, whether that was by Beu or the Customer.
5.4 The Partner must endeavour to resolve any complaint within 14 days, making Beu aware of the progress of the complaint, any correspondence between the Partner and the Customer and the final resolution reached.
5.5. The Partner accepts that the App includes a reviewing platform, for Clients to leave reviews of the Partner and the Partner Services. Reviews can only be left if the Partner marks the Service as complete. The Partner accepts that reviews are subject to the opinion of the Customer, and occasionally negative reviews may be left. If the Partner feels that any reviews left are defamatory or infringe on the Partner’s legal rights, then that review may be reported to Beu, in which case Beu will review the offending content and at its sole discretion may take any action it deems necessary.
6.0 CUSTOMER DATA
6.1 For the purposes of this clause, “data controller”, “data processor”, “data subject”, “personal data”, “process”, “processing” and “appropriate technical and organisational measures” shall be interpreted in accordance with applicable Data Protection Legislation.
6.2. Beu and the Partner each acknowledge that, for the purposes of the Data Protection Legislation:
6.2.1.in respect of Partner Customers’ personal data, the Partner is the data controller and Beu is the data processor;
6.2.2.in respect of Beu Customers’ personal data, the Partner and Beu each act as independent data controllers;
6.3. Where Beu and the Partner are independent controllers, each acknowledge and agree that:
6.3.1.save as is required by this clause 6, each party is responsible for its own compliance with Data Protection Legislation, including the GDPR;
6.3.2.the Partner must promptly (and in any event within 24 hours of the Partner or its employees becoming aware of the matter) notify Beu of any accidental or intentional damage, alteration, destruction, unauthorised disclosure, loss, misuse or theft of or to the personal data of any Beu Customer which the Partner has access to (“Security Incident”). Partner shall provide full cooperation and prompt assistance to Beu in respect of its efforts to (i) investigate, remediate, and mitigate the effects of the Security Incident, and (ii) comply with notification obligations to individuals, clients or regulatory authorities;
6.3.3.Partner must not do, or omit to do, and must ensure that its personnel and other representatives do not do or omit to do, anything that would cause (or may be reasonably expected to cause) Beu or its Affiliates to be in breach of any provision of any Data Protection Legislation and take all reasonable steps to ensure the reliability of its employees and agents who may have access to the personal data and ensure that such staff and agents are informed of the confidential nature of the personal data and have undertaken training in the laws relating to handling personal data;
6.3.4.Partner agrees to implement and maintain appropriate technical and organisational measures in respect of its processing of the personal data sufficient to comply with the Data Protection Legislation and to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damages, theft, alteration or disclosure;
6.3.5.Partner agrees to only process personal data of Beu Customers for the purpose of providing the Partner Services to such Customers.
6.3.6.Should the Partner, its affiliates or its suppliers need to transfer the personal data of Beu Customers to locations outside the European Economic Area, Partner takes full responsibility (and accepts full liability) for ensuring that such personal data is processed fully in compliance with Data Protection Legislation.
6.4. Where the Partner is data controller and Beu is data processor, in respect of Partner Customers’ personal data, such personal data shall be processed by Beu in accordance with the obligations of Article 28 of the GDPR, subject to the provisions of clause 6.8 below and subject to Beu being able to charge the Partner for providing any assistance not expressly specified as a service requirement of Beu under this Agreement.
6.5. Beu reserves the right to process Customer personal data as set out in its Privacy and Cookie Policy currently here https://www.beuapp.com/priracy (this may be updated from time to time) and the Partner hereby irrevocably and unconditionally agrees and consents to the processing of such personal data by Beu and further warrants that each Partner Customer has been informed how Beu will process their personal data. Without limiting Partner’s obligations elsewhere in this Agreement, the Partner undertakes promptly to include any information reasonably requested by Beu in its website privacy policy or other Partner Customer literature to assist each party in compliance with Data Protection Legislation.
6.6. The Partner acknowledges that ownership of all Intellectual Property Rights in Beu Customer and Partner Customer personal data in the App shall vest in Beu or its Affiliates and Partner irrevocably and unconditionally assigns with full title guarantee all such rights to Beu. Beu grants the Partner a non-exclusive licence to use such personal data to operate its business subject to Partner's on-going compliance with the provisions of this Agreement.
6.7 The Partner undertakes and warrants that it will only process the personal data of Partner Customers in compliance with Data Protection Legislation and in particular that, its employees, its partners and its suppliers will only send marketing or promotional communications to Partner Customers who have given their consent to receive the same. The Partner’s use of the personal data of Partner Customers is undertaken at the Partner’s sole risk with Partner being responsible and liable for ensuring it, its employees, its partners and its suppliers’ use fully complies with all applicable Data Protection Legislation.
6.8 In the event that a Customer notifies the Partner or one of its employees that it does not wish to receive further marketing materials from Beu and/or its Affiliates, the Partner shall promptly (and in any event no later than 48 (forty-eight) hours from being so informed) notify Beu with full details of the same in writing so that Beu can honour such request.
6.9. In the event that a data subject makes a request to either party to exercise one or more of the rights afforded to data subjects under Data Protection Legislation then to the extent that either party reasonably requires input or assistance from the other party in order to give effect to any of the rights afforded, that other party shall provide all such input or assistance within a reasonable timeframe with each party meeting their own costs in doing so;
6.10. In the event that either party receives a request from a data protection authority for information relating to this Agreement or the relationship between the parties, that party shall promptly notify the other unless prohibited by law.
6.11. Any breach of this Clause 6 by the Partner will be a Material Breach of this Agreement.
6.12.The Partner will indemnify and hold Beu and its Affiliates harmless against all losses, claims, costs, damages or proceedings suffered or incurred by Beu and/or its Affiliates arising out of or in connection with the Partner's breach of this clause 6.
6.13. This Clause in its entirety shall survive the termination or expiry of this Agreement.
7.0 PARTNER WARRANTIES, LICENCE TO BEU AND INDEMNITY
7.1. Any Partner Content that Beu reasonably requires will be provided by the Partner.
7.2. By agreeing, you grant Beu a non-exclusive, royalty free and worldwide right and licence or sublicense to use, reproduce, distribute, sublicense, communicate, adapt, publish and display the Partner Content.
7.3. By agreeing, you grant Beu the permission to sublicense, disclose, offer and make available Partner Content to third party platforms and affiliates. Beu will not be liable to the Partner for any omissions or acts on behalf of any Third Party Platforms. If the Partner is unhappy with any actions or omissions undertaken by Third Party Platforms is to request Beu (which has the right but not the obligation) to disconnect from the Third Party Platform, remove the offending content, or terminate this Agreement in accordance with Clause 9.
7.4. By Agreeing, Beu is granted by the Partner the right to:
7.4.1. Amend any Partner Content published in the App
7.4.2 Use the trading name of the Partner or any Brands used in connection with Partner Services for pay-per-click advertising, search engine optimisation services and techniques, and any other mechanism that may incorporate the trading name in part or in whole.
7.5. The Partner warrants, represents and undertakes that:
7.5.1 all Partner Content that is provided to Beu will be accurate in all material respects, and will not infringe any other person’s rights, be defamatory, unlawful, offensive, pornographic, threatening or otherwise falling below general standards of taste and decency:. prior to marketing, selling and providing Partner Services that it will obtain all licences, consents, authorities, qualifications and insurance required or reasonably prudent.
7.6. Any breach of the warranties in clause 7.5 will be a Material Breach of this Agreement.
7.7. The Partner hereby agrees to indemnify, keep indemnified and hold harmless Beu and its officers, directors and employees, from and against any and all claims, demands, obligations, actual or alleged causes of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), expenses associated therewith (including the payment of reasonable legal charges and disbursements) and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) and all other reasonable professional costs and expenses arising out of or in connection with any breach by the Partner of any term of this Agreement or arising out of any action brought by any third party relating to the Partner Services provided (or not provided), or actions (or failures to act), of the Partner or any person (other than Beu) acting on its behalf, including, without limitation any action brought in connection with any Data Protection Legislation, Partner Content or a Customer visit to the Partner's venue.
7.8. The Partner acknowledges that Beu enters into this Agreement for its own benefit but also as an agent for the benefit and on behalf of each of its officers, directors and employees (each an “Indemnified Third Party” and, collectively, the “Indemnified Third Parties”) and that the rights in respect of indemnification set out in Clause 7.7 shall be rights and benefits of each such Indemnified Third Party (as if, in each case, a party to this Agreement in its own right). Such rights shall be enforceable under this Agreement by Beu as agent for each such Indemnified Third Party. Notwithstanding the foregoing, the Partner and Beu may agree in writing to amend any provision of this Agreement without the consent of any of the Indemnified Third Parties, even if that amendment affects or will affect the rights conferred on any Indemnified Third Party hereunder.
7.9. This Clause shall survive the termination or expiry of this Agreement.
8. Payment Terms
8.1.1. Subscription to Beu services will be available on either an annual or monthly basis, at the discretion of the Partner.
8.1.2. For additional self-employed staff included in the Partner's system, there may be additional subscription charges. These charges will be calculated and billed on a monthly basis.
8.1.3. There may be additional charges for the use of SMS messages that exceed the monthly free allowance. This will be billed monthly to the Partner’s card on record and prices start from 0.04 GBP may vary based on location and other factors.
8.1.4. Upon cancellation of your subscription, you will continue to have access to the platform until the end of your current billing period. You will be billed for the entire duration of your current subscription term. Access to the platform and its services will be terminated at the end of your current subscription term, at which point no further charges will be incurred.
8.1.5. You have the right to cancel your subscription within 14 days of the initial purchase without any penalty or obligation. If you choose to cancel within this cooling-off period, you will receive a full refund, and your access to the platform will be immediately terminated. To exercise this right, you must notify us of your decision to cancel within the 14-day period.
8.1.6. If you have purchased any hardware, you have the right to return it within 14 days of receipt, provided that the hardware is unopened and in its original packaging. To initiate a return, you must notify us within the 14-day period. Upon receiving the returned hardware and confirming its unopened condition, we will issue a full refund for the purchase price of the hardware. Shipping and handling charges are non-refundable, and you will be responsible for the cost of return shipping.
8.2.1. If the Partner has an outstanding balance owed to Beu, Beu will initially attempt to capture the owed amount from the Partner's credit card on record.
8.2.2. If Beu is unable to secure payment via the credit card on record, the Partner will be notified of the outstanding balance and will be given 14 days to settle the payment.
8.2.3. Failure to clear the outstanding balance within 14 days may lead to suspension of services and additional penalties as specified in these terms.
8.3.1. The Partner is responsible for any bank charges, chargebacks, administrative expenses, or other fees incurred by Beu due to outdated or incorrect payment details provided by the Partner, including but not limited to:
- Incorrect bank account details
- Cancellation of a direct debit without prior notification
- Insufficient funds in the account
- Expired credit cards
- Client dispute payments
8.3.2. The Partner grants Beu continuous authorisation to settle any outstanding amounts through direct debit arrangements. If a payment attempt fails, Beu will deduct the owed amounts from the Partner's next invoice.
8.3.3. Beu reserves the right to apply interest on any overdue amounts at a rate of 4% per annum above the prevailing Bank of England base rate, accruing daily from the due date to the date full payment is received.
8.4.1. The Partner is responsible for all applicable taxes, including withholding, reporting, and ensuring compliance with all relevant tax laws.
8.4.2. In case of disputes with tax authorities the Partner will handle such disputes independently and provide Beu with any requested documentation, such as tax payment or exemption certificates.
8.5.1 As Beu acts solely as a commercial booking and payment processor, the contract for services rendered is between the Partner and the customer. If VAT registered, it is the Partner's responsibility to apply VAT to the total value of each booking and to provide VAT receipts to customers upon request.
8.6.1 In instances of fraudulent activities by the Partner or allegations thereof, as well as conditions requiring refunds as stipulated by law, court orders, or Beu's policies, Beu may reclaim any refunded amounts or associated bank charges from the Partner.
9. TERMS OF AGREEMENT
9.1. This Agreement commences on the Effective Date and will continue to be in effect unless terminated in writing with not less than 30 days’ written notice by either party.
9.2. This Agreement can be terminated with immediate effect by either Party with written notice if:
9.2.1. A Material Breach of any of the provisions of this Agreement (including but not limited to a breach of clauses 4.1, 4.2, 4.4, 4.6, 4.8, 4.10, 6, 7.5 and 8) is committed by the other party and either that breach is not capable of being remedied or if the breach is possible to remedy, that party fails to offer a solution within 7 days of written notice of the breach by the offended party.
9.2.2. The other party is in persistent non-material breach (whether remediable or not) of any of the provisions of this Agreement;
9.2.3. The other party ceases trading, or becomes apparently insolvent, or has a trustee in sequestration appointed, combines with its creditors, or has a liquidator, receiver or administrator appointed (or an application is made either for the appointment of an administrator or for an administration order, an administrator is appointed, or notice of intention to appoint an administrator is given over all or any of its assets) over all or any of its assets other than for the purposes of a solvent amalgamation or reconstruction, or undergoes any analogous act to any of the foregoing under the law of any jurisdiction occurs in relation to that other party; or
9.2.4. The other party ceases, or threatens to cease, to carry on business.
9.3.Termination of this Agreement, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination.
10. CONFIDENTIALITY
10.1. Each of the parties acknowledges that, whether by virtue of and in the course of this Agreement or otherwise, it may receive or otherwise become aware of information relating to the other party, its clients, customers, businesses, business plans or affairs, which information is proprietary and confidential to the other party (“Confidential Information”). Confidential Information shall include any document marked “Confidential”, or any information which the recipient has been informed is confidential or which it ought reasonably to expect the other party would regard as confidential.
10.2. Each of the parties undertake to maintain the confidentiality of the other party’s Confidential Information at all times and to use no less adequate measures than it uses in respect of its own confidential information to keep the other party’s Confidential Information reasonably secure. Neither party shall at any time without the prior written approval of the other party, use, disclose, exploit, copy or modify any of the other party’s Confidential Information, or authorise or permit any third party to do the same, other than for the sole purpose of the exercise of its rights and/or the performance of its obligations in connection with this Agreement.
10.3. The terms of and obligations imposed by this Clause 10 shall not apply to any Confidential Information which:
10.3.1. at the time of receipt by the recipient is in the public domain;
10.3.2. subsequently comes into the public domain through no fault of the recipient, its officers, employees or agents;
10.3.3. is lawfully received by the recipient from a third party on an unrestricted basis; or
10.3.4.is already known to the recipient before receipt hereunder.
10.4.The recipient may disclose Confidential Information in confidence to a professional adviser of the recipient or if it is required to do so by law, regulation or order of a competent authority.
10.5.This Clause shall survive the termination or expiry of this Agreement.
11. LIABILITY
11.1. Without prejudice to Clause 11.2, Beu’s maximum aggregate liability under or in connection with this Agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed one hundred percent (100%) of the Charges due and payable to Beu hereunder on the date of the event giving rise to the relevant claim. Further, Beu shall not be liable for any loss of income or profits, loss of contracts, goodwill, or other intangible losses or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise (even if Beu has been advised by the Partner of the possibility of such loss or damage).
11.2. Nothing in this Agreement shall exclude or in any way limit Beu’s liability for fraud or for death or personal injury caused by its negligence or for its wilful default or any other liability to the extent the same may not be excluded or limited as a matter of law.
11.3. This Claus in its entirety shall survive the termination or expiry of this Agreement.
12. MISCELLANEOUS
12.1. All rights to the Website and App and the content on it (and all other Intellectual Property Rights belonging to or licensed to Beu) remain vested in Beu at all times. Nothing in this Agreement shall give the Partner any rights in respect of any such Intellectual Property Rights or of the goodwill associated therewith. In order to streamline the App and the content on it, Beu may, at its absolute discretion and from time to time, amend the format, content and style of venue page descriptions, photos and menus.
12.2. In the event of a change of control or senior management of the Partner, the Partner must bring the existence and terms of this Agreement to the new owner or manager’s attention and inform Beu of the relevant new personnel’s contact details.
12.3. Any notice, invoice or other communication which either party is required to serve on the other party shall be sufficiently served if sent to the other party at the address specified in this Agreement (or such other address as is notified to the other party in writing or by email). Notices sent by registered post or recorded delivery shall be deemed to be served three Business Days following the day of posting. In all other cases, notices are deemed to be served on the day when they are actually received.
12.4. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities, so please review our terms regularly.
12.5. The relationship of the parties is that of independent contractors dealing at arm’s length. Except as otherwise stated in this Agreement, nothing in this Agreement shall constitute the parties as partners, joint ventures or co-owners.
12.6. Neither party may assign, transfer, charge, sub-contract or otherwise deal with any part or all of this Agreement without the prior written consent of the other party (not to be unreasonably withheld, conditioned or delayed).
12.7. Subject only to the provisions of clause 7.7 and 7.8, a person who is not a party to this Agreement has no right to enforce any term of this Agreement.
12.8. The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.
12.9. If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such term 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 or enforceability of the remaining terms.
12.10. This Agreement contains 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.
12.11.This Agreement shall be governed and interpreted in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of or in connection with this Agreement.
Beutech Ltd t/a Beu, 116 Rosebery Road, Epsom, KT18 6AA
Company number: 10822992