Tattooing terms and conditions

Please read these Terms and Conditions carefully. All contracts that the Provider may enter into from time to time for the provision of the Provider’s services shall be governed by these Terms and Conditions, and the Provider will ask the Customer for the Customer’s express acceptance of these Terms and Conditions before providing any such services to the Customer.

Definitions
1.1 In these Terms and Conditions:

(a) “Business Day” refers to any day that is not marked as “closed” on the calendar accessible through HoneyBook while booking;

(b) “Business Hours” means the hours of 9:00 to 21:00 EAT on a Business Day;

(c) “Charges” means the following amounts:

(i) the amounts specified in Section 4 of the Statement of Work;

(ii) such amounts as may be agreed in writing by the parties from time to time; and

(iii) amounts calculated by multiplying the Provider’s standard time-based charging rates (as notified by the Provider to the Customer before the date of a Contract) by the time spent by the Provider’s personnel performing the Services;

(d) “Contract” means a particular contract made under these Terms and Conditions between the Provider and the Customer;

(e) “Customer” means the person or entity identified as such in Section 1 of the Statement of Work;

(f) “Customer Premises” means any premises at which the parties expressly or impliedly agree the personnel of the Provider shall provide Services;

(g) “Effective Date” means the date of execution of a Statement of Work incorporating these Terms and Conditions;

(h) “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

(i) “Party” means anyone needed to complete the Services

(i) “Provider” means the individual Tattoo Artist;

(j) “Services” means the tattooing services specified in the Statement of Work;

(k) “Media” means the photos, videos, and audio recording taken of the services.

(l) “Statement of Work” means a statement of work agreed by the parties and incorporating these Terms and Conditions by reference, it is in the form of booking a Service Appointment;

(m) “Service appointment” is a date and time selected by the Customer through HoneyBook, and is made valid when the Provider receives the deposit payment

(n) “Deposit” means a payment made from the Customer to the Provider, in order to secure a Service Appointment

(n) “Term” means the term of a Contract, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2; and

(o) “Terms and Conditions” means these terms and conditions, including any amendments to these terms and conditions from time to time.

Term
2.1 A Contract shall come into force upon the Effective Date.

2.2 A Contract shall continue in force until:

(a) all the Services have been completed; and

(b) all the Charges have been paid in cleared funds,

upon which it will terminate automatically, subject to termination in accordance with Clause 13.

2.3 Unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions.

Services
3.1 The Provider shall provide the Services to the Customer in accordance with these Terms and Conditions.

3.2 The Provider shall provide the Services in accordance with the standards of skill and care reasonably expected from a leading service provider in the Provider’s industry.

3.3 If the Customer believes that any element of the Services does not meet the standard specified in Clause 3.2, then the Customer must promptly notify the Provider and allow the Provider to inspect the results of those Services and, if those Services do not meet that standard, re-perform those Services.

3.4 The Provider shall devote such of its personnel’s time and expertise to the performance of the Services as may be necessary for their satisfactory and timely completion.

3.5 The Provider shall comply with all reasonable requests and directions of the Customer in relation to the Services.

Services appointments
4.1 The Provider shall provide the Services during appointments commencing on the date(s) and at the time(s) agreed from time to time between the parties.

4.2 The Customer acknowledges that work for other customers may from time to time lead to the Provider’s personnel arriving late for a Services appointment, and agrees that the Provider will not be in breach of a Contract by virtue of the Provider’s personnel being late for a Services appointment.

4.3 If a party wishes to reschedule a Services appointment, then that party must give to the other party a written request for such rescheduling, at least two (2) Business Days before the Services appointment is due to commence. In these circumstances, each party will use all reasonable endeavours to agree on an alternative Services appointment.

4.4 The Customer may cancel a Services appointment by giving to the Provider at least four (4) days’ notice of cancellation. If the Customer cancels a Services appointment in accordance with this Clause 4.4, then the Customer shall be released from any liability to pay Charges in respect of the relevant Services, and shall be entitled to a refund of any Charges previously paid in respect of those Services.

4.5 If the Provider is unable to attend a Services appointment by reason of personnel shortage or illness, then providing the Provider has used reasonable endeavours to engage alternative personnel, the Provider may be written notice to the Customer cancel the Services appointment, in which case:

(a) the Provider shall not be in breach of these Terms and Conditions or otherwise liable to the Customer in respect of a failure to supply the relevant Services; and

(b) the Customer shall be released from any liability to pay Charges in respect of the relevant Services, and shall be entitled to a refund of any Charges previously paid in respect of those Services.

Provider personnel
5.1 The Provider shall ensure that all personnel involved in the provision of the Services:

(a) have been interviewed by the Provider;

(b) have supplied proof of identity and satisfactory references to the Provider;

(c) have been properly trained and are adequately experienced in the provision of the Services; and

(d) hold all necessary qualifications and certifications required for their work in relation to the Services.

Customer Premises
6.1 This Clause 6 applies if and only if the Provider provides Services at the Customer premises, in which case the Customer shall:

(a) promptly provide to the Provider such access to the Customer Premises as is reasonably required by the Provider for the provision of the Services; and

(b) maintain the Customer Premises in good order for the supply of the Services and in accordance with all applicable laws.

6.2 The Provider shall use all reasonable measures to secure any keys, and any other means of access, supplied by the Customer to the Provider for the purpose of enabling the Provider’s personnel to enter and work at the Customer Premises.

Charges
7.1 The Customer shall pay the Charges to the Provider in accordance with these Terms and Conditions.

7.2 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.

Payments
8.1 The Provider shall issue invoices for the Charges to the Customer at any time before and after the relevant Services have been delivered to the Customer.

8.2 The Customer must pay the Charges to the Provider following the receipt of an invoice issued in accordance with this Clause 8.

8.3 The Customer must pay the Charges by cash, M-PESA, credit card, or debit card (using such payment details as are notified by the Provider to the Customer from time to time).

8.4 A Deposit of 40% of estimated total cost will be required to confirm the date and time at which the service will be provided

8.5 All Deposits paid serve as security, the Provider reserves the right to hold deposits without refund in the case of:

The Customer failing to arrive for the Service appointment, which was agreed upon by both parties

The Customer arriving more than 45 minutes after the agreed upon time of the service appointment

(i) In the case where the Provider is able to proceed with the service appointment when the Customer has delayed their arrival, the deposit amount will stay valid, and contribute to the total cost of the services.

(ii) The Customer may be required to compensate the Provider with a payment calculated using the Provider’s hourly rate, and how late the Customer was in comparison to the Service appointment scheduled time.

(c) The Customer cancelling or rescheduling the Service appointment when in breach of clauses 4.4 or 4.3.

8.6 The customer may not be entitled to refunds as a result of:

Personal dissatisfaction with the services provided, given the Provider did not go out of their way to worsen the outcome of the service

Changes in the outcome of the services provided as a result of:

(i) improper measures taken in the maintenance of the Service


(ii) a Service requested where the Provider has given oral or written warning to the possibility where the Service result may change over time

Distance and off-premises contracts: cancellation right
9.1 This Clause 9 applies if and only if the Customer enters into a Contract with the Provider as a consumer – that is, as an individual acting wholly or mainly outside the Customer’s trade, business, craft or profession – where the Contract is a distance contract or off-premises contract.

9.2 The Customer may withdraw an offer to enter into a Contract with the Provider at any time; and the Customer may cancel a Contract entered into with the Provider at any time within the period:

(a) beginning when the Contract was entered into; and

(b) ending at the end of 14 days after the day on which the Contract was entered into,

subject to Clause 9.3. The Customer does not have to give any reason for the withdrawal or cancellation.

9.3 The Customer agrees that the Provider may begin the provision of services before the expiry of the period referred to in Clause 9.2, and the Customer acknowledges that, if the Provider does begin the provision of services before the end of that period, then:

(a) if the services are fully performed, the Customer will lose the right to cancel referred to in Clause 9.2;

(b) if the services are partially performed at the time of cancellation, the Customer must pay to the Provider an amount proportional to the services supplied or the Provider may deduct such amount from any refund due to the Customer in accordance with this Clause 9.

9.4 In order to withdraw an offer to contract or cancel a Contract on the basis described in this Clause 9, the Customer must inform the Provider of the Customer’s decision to withdraw or cancel (as the case may be). The Customer may inform the Provider by means of any clear statement setting out the decision. In the case of cancellation, the Customer may inform the Provider using the cancellation form that the Provider will make available to the Customer. To meet the cancellation deadline, it is sufficient for the Customer to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.

9.5 If the Customer withdraws an offer to contract, or cancels a contract, on the basis described in this Clause 9, the Customer will receive a full refund of any amount the Customer paid to the Provider in respect of the offer or contract, except as specified in this Clause 9.

9.6 The Provider will refund money using the same method used to make the payment, unless the Customer has expressly agreed otherwise. In any case, the Customer will not incur any fees as a result of the refund.

9.7 The Provider will process the refund due to the Customer as a result of a cancellation on the basis described in this Clause 9 without undue delay and, in any case, within the period of 14 days after the day on which the Provider is informed of the cancellation.

Warranties
10.1 The Provider warrants to the Customer that it has the legal right and authority to enter into these Terms and Conditions and to perform its obligations under these Terms and Conditions.

10.2 The Customer warrants to the Provider that it has the legal right and authority to enter into these Terms and Conditions and to perform its obligations under these Terms and Conditions.

10.3 All of the parties’ warranties and representations in respect of the subject matter of these Terms and Conditions are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of these Terms and Conditions will be implied into these Terms and Conditions or any related contract.

Limitations and exclusions of liability
11.1 Nothing in these Terms and Conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.

11.2 The limitations and exclusions of liability set out in this Clause 11 and elsewhere in these Terms and Conditions:

(a) are subject to Clause 11.1; and

(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

11.3 The Provider will not be liable to the Customer in respect of any losses arising out of a Force Majeure Event.

11.4 The Provider will not be liable to the Customer in respect of any loss of profits or anticipated savings.

11.5 The Provider will not be liable to the Customer in respect of any loss of revenue or income.

11.6 The Provider will not be liable to the Customer in respect of any loss of business, contracts or opportunities.

11.7 The Provider will not be liable to the Customer in respect of any special, indirect or consequential loss or damage.

11.8 The liability of the Provider to the Customer under a Contract in respect of any event or series of related events shall not exceed the greater of:

(a) the total amount paid and payable by the Customer to the Provider under the Contract in the 12 month period preceding the commencement of the event or events.

Force Majeure Event
12.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under these Terms and Conditions, that obligation will be suspended for the duration of the Force Majeure Event.

12.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under these Terms and Conditions, must:

(a) promptly notify the other; and

(b) inform the other of the period for which it is estimated that such failure or delay will continue.

12.3 A party whose performance of its obligations under these Terms and Conditions is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.

Termination
13.1 Either party may terminate a Contract by giving to the other party at least four (4) days’ written notice of termination.

13.2 Either party may terminate a Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.

13.3 Either party may terminate a Contract immediately by giving written notice of termination to the other party if:

(a) the other party:

(i) is dissolved;

(ii) ceases to conduct all (or substantially all) of its business;

(iii) is or becomes unable to pay its debts as they fall due;

(iv) is or becomes insolvent or is declared insolvent; or

(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;

(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Contract);

(d) if that other party is an individual:

(i) that other party dies;

(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or

(iii) that other party is the subject of a bankruptcy petition or order.

Effects of termination
14.1 Upon the termination of a Contract, all of the provisions of the Contract shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 8.2, 8.3, 8.4, 11, 14 and 17.

14.2 The termination of a Contract shall not affect the accrued rights of either party.

Notices
15.1 Any notice given under these Terms and Conditions must be in writing, whether or not described as “written notice” in these Terms and Conditions.

15.2 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods (using the relevant contact details set out in Section 5 of the Statement of Work):

(a) delivered personally or sent by courier, in which case the notice shall be deemed to be received upon delivery;

(b) sent by recorded signed-for post, in which case the notice shall be deemed to be received 2 Business Days following posting; or

(c) email sent to giorgiommpetrangeli@gmail.com and confirmed receipt

(d) message sent through HoneyBook and confirmed receipt

(e) direct message sent to @lilg.ig in Instagram and confirmed receipt

providing that if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.

15.3 The addressee and contact details set out in Section 5 of the Statement of Work may be updated from time to time by a party giving written notice of the update to the other party in accordance with this Clause 15.

Subcontracting
16.1 The Provider must not subcontract any of its obligations under a Contract without the prior consent of the Customer, providing that the Customer must not unreasonably withhold or delay the giving of such consent.

16.2 The Provider shall remain responsible to the Customer for the performance of any subcontracted obligations.

Media Usage
17.1 The Customer hereby agrees that photos, and videos taken of the Service can be used for:

(i) Social Media

(ii) Promotional content

17.2 The customer has the right to request anonymity when the media is used

17.3 The Customer hereby agrees they are not entitled to any revenue generated from Media usage


General
18.1 No breach of any provision of a Contract shall be waived except with the express written consent of the party not in breach.

18.2 If any provision of a Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

18.3 A Contract may not be varied except by a written document signed by or on behalf of each of the parties.

18.4 The Customer hereby agrees that the Provider may assign the Provider’s contractual rights and obligations under a Contract to any third party – providing that such action does not serve to reduce the guarantees benefiting the Customer under the Contract. The Customer must not, without the prior written consent of the Provider assign, transfer or otherwise deal with any of the Customer’s contractual rights or obligations under a Contract.

18.5 A Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to a Contract are not subject to the consent of any third party.

18.6 (Subject to Clause 11) a Statement of Work, together with these Terms and Conditions, shall constitute the entire agreement between the parties in relation to the subject matter of that Statement of Work, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

18.7 A Contract shall be governed by and construed in accordance with Kenyan law.

18.8 The courts of Kenya shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with a Contract.