top of page

Terms of Service

Version 1.2: These terms were last updated in January 2022.

Company Contact

Agenda for Public Relations Ltd.
54 St. James Street
Liverpool
L1 0AB

info@agendaat.co.uk

Definitions

So that we can be completely clear, here are some terms we use which have specific meanings:

  • "Account Holder" means a Beauty Brand, Academy, Makeup Artist or Client which has Agendaat account (generally this will be your business, or if you are a client, might be your personal account;

  • "Agendaat Account" means an account that you hold with us which allows you to receive The Service;

  • "The Service" means Agendaat Online Platforms which is accessed and used via our password protected websites, and mobile application. The features of the online platforms and accounts may differ depending on the type of Agendaat user you are as described in the Schedule;

  • "Schedule" means the supplementary terms and conditions which accompany these terms and conditions of service and applies to the Account Holder's use of The Service;​

  • "you" means you, the person who accesses and uses The Service;

  • "your Data" means any data entered or uploaded by you while using The Service; and

  • “We”, “us”, “our” or "Agendaat" means Agenda for Public Relations Ltd., a company registered in England and Wales No. 12404790 and having its registered office at 54 St. James Street, Liverpool L1 0AB and owns Agendaat Trademark.

Our Contract with you

These terms and conditions apply to your access and use of The Service, which together with:

  • The Schedule (for more information please read the 'Creating Agendaat account and accessing the Service' section); and​

  • The Privacy Policy available here (which explains how we may use your personal data in relation to The Service),​

form the contract between you and us ("Terms of Service"). Please review these Terms of Service carefully before using The Service. These Terms of Service apply to your use of The Service and you agree to abide by these terms. No other terms are implied by trade, custom, practice or course of dealing.

Creating Agendaat Account and Accessing The Service

How to Apply: In order to access and use The Service, an Agendaat Account must first be created. You can apply for an account, or have an account set up on your behalf, by submitting, or by arranging to have submitted by a Third Party, your details on our "sign up" page on the website or by creating an account via the App.

If you are opening an account because you have been referred to us by someone else under a specific arrangement we have with them, the account sign up process may vary dependent on the specific arrangements we have in place with that Third Party.

Each Account Holder will fall into one of the three following user profile categories:

  • Business Profile; or

  • Client or Personal Profile​​

The specific terms and conditions which apply to each user profile category are set out in the Schedule.

Formation of a contract: If we accept an application for the creation of an Agendaat Business Account, we will confirm this by email and at that point a legally binding contract will be created between the Account Holder and us. If you apply for Agendaat  Business Account to be created, you must ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and you. If you are successful in obtaining an Agendaat Business Account then you will recieve an email confirming your full access to 'The Services''. This is the only means of accessing your Agendaat Business Account.

You must keep your Agendaat account login details confidential. You are responsible for all activities that occur under your Agendaat account.

If you know or suspect that anyone other than you knows your Agendaat account login details, please change your password immediately. If you have any concerns that your account may have been compromised or used for illegally by a third party, please notify us as soon as possible by emailing us at: info@agendaat.co.uk

We reserve the right to disable your Agendaat account at any time if we find out that your account is being used in a way that is not compliant with these Terms of Service.

If you become an Account Holder because you have been referred to us by someone else, your contract for the use of The Service will be directly with us. If you are one of our authorised third-party providers setting up an account with Agendaat to use with your own customers then please read the the Schedule to understand what additional terms may apply with respect to their use of The Service.

Errors in information you gave us: If you made any mistakes in the details you gave to us when applying for Agendaat account (or that you gave to the third party who passed these details to us as part of a specific arrangement we have with them), these errors can be corrected by accessing your Agendaat account settings and using the "edit" function on the related pages.

Refusal to create an account: We reserve the right, at our discretion, not to accept an application to create an Agendaat Account. Where an application for an account has not been successful you will not be charged.

Third party Applications: Third party applications may, with your permission, (which in some circumstances may be conveyed via our authorised third party provider that you have contracted with), allow you to interact with The Service via the Agendaat API. Please note that:

  • You should only enable API access if you have the permission of the Account Holder.

  • By enabling API access to your Agendaat account you agree to the Agendaat API Terms on your own behalf and on behalf of the Account Holder.

  • Any third party application which you use to access The Service has the ability to access your Data. Before using any third party application, you should carefully assess whether or not you are happy with the assurances provided by the developer regarding your Privacy and Security. You can disable API access to your Agendaat account at any time by modifying your account preferences.

  • We accept no responsibility for any loss suffered by you as a result of the use of any third party application to access The Service.

Your Obligations

You must:

  • keep any password created for the Agendaat Account secure;

  • Only use The Service on behalf of the Account Holder whose Agendaat account you are accessing and solely for management purposes relating to that Account Holder's own business which are legal; and

  • Only upload to The Service, data that you have right or consent to do so (and for it to be used in accordance with our Privacy Policy).

 

You must not:

  • Use The Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into The Service or any operating system;

  • Do anything which could reasonably be expected to damage, disable, overburden, compromise or materially impair our systems or security; or The Service generally or which is likely to interfere with any other party's use or enjoyment of The Service;

  • Not copy The Services, except as part of the normal use of The Service;

  • Not translate, merge, adapt, vary, alter or modify, the whole or any part of The Services nor permit any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use The Services on devices as permitted by us;

  • Not infringe our intellectual property rights or those of any third party in relation to your use of The Service;

  • Question or dispute our ownership of the intellectual property rights in and to The Service.

Paying for The Service

The price for The Service will depend on the services you require and what type of Agendaat user you are. Details of the costs associated with The Service are set out on our website and may vary dependent on your user profile.

We will always let you know in advance of any changes in our fees and will give you the opportunity to decide whether you want to continue using The Service prior to any increase in fees.

Payment: All prices quoted are in Pounds Sterling and exclude VAT, which is payable by you. All price information may be subject to change. The Business Account Holder must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Account Holder, its business address, and a billing contact email address. All card payments are collected and processed by a third party card processor. By agreeing to these Terms of Service, you authorise us to send instructions to the financial institution that issued your card to take payments from your card account in accordance with these Terms of Service.

Non-payment: We shall be under no obligation to provide you with access to The Service if any charge that you have agreed to pay us (including charges relating to Add-ons or additional features (see below)) are not paid on time.

If agreed charges become overdue, we reserve the right to suspend access to The Service until outstanding amounts are paid or close the Account Holder's Agendaat account permanently. This includes situations where the Account Holder's credit card has expired.

Fees for Multiple Accounts: If you would like to use The Service to manage more than one business, you will need to sign up for multiple accounts and pay the fee charged by us for each additional Agendaat account.

Who owns what

Rights in Your Data: The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trademarks, database rights and any other intellectual property rights it has in your Data (such as rights in its logo, for example.) Intellectual property rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities. We may also share your aggregated, de-identified data with select third-parties for research purposes, but otherwise we will only use your Data to provide The Service.

Rights in Our Software: All copyright, database rights, trademarks and other intellectual property rights in The Service are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you or to the Account Holder. You have no right to modify The Service and if you do then to the extent that you do this without our prior written consent, we shall own all the intellectual property rights in any modifications to The Service and you automatically assign absolutely with full title guarantee all such intellectual property rights to us.

Third Party Features: All copyright, database rights, trademarks and other intellectual property rights in any external data sources or embedded third party services used in Agendaat are the intellectual property of the relevant third party provider. The following terms referred to in The Service are registered trademarks of the third party listed below:

  • Kickstart Scheme 

Data Feeds: If you confirm that you are happy for Agendaat to share your Agendaat Account data with a third party (Social Media Accounts), we will do so. The type of information that we will share extends to general and information.

Once we share that data with that third party, they will use that data in the way described to you when you set up your Agendaat account or in accordance with any other way that you consent to in the future. If you want to be reminded of that, please don't hesitate to contact us.

You may confirm that you no longer consent to Agendaat sharing your account data with that third party. If you do, that may change the way in which the Agendaat service is made available to you.

Closing an Agendaat Account

These Terms of Service will remain in full force and effect as long as you continue to access or use The Service, or until terminated by you or us for any reason set out in these Terms of Service.

Cancellation by you: You can close the Account Holder's Agendaat account at any time by accessing The Service and using the "cancel my account" option on the "Billing" page of the website or the App. No further subscription fees will be billed for the following month. Please note that no refund will be made for any subscription fees already billed and paid.

Suspension and Closure by Us: If you (or any other user of the Account Holder's Agendaat account) fail to abide by these Terms of Service or carry out illegal activities, or if payment of the subscription fees is not paid on time, we reserve the right to close the Account Holder's Agendaat account or suspend your access to The Service. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any Agendaat account (including during any ‘free trial' or ‘beta trial' period) immediately for the reasons given above, or for any reason, by giving the Account Holder one month's notice.

If, for whatever reason, our specific arrangement that we have with the third party comes to an end (or you are no longer entitled to benefit from the arrangement) you may continue to access and use The Service by changing the Agendaat account, which may include becoming a full paying customer of Agendaat.

Viruses

We do not guarantee that your use of The Service will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access The Service. You should use your own virus protection software.

You are not allowed to knowingly introduce viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful to The Service. We also do not permit attempts to gain unauthorised access to The Service, the server on which The Service may be stored or any server, computer, database connected to The Service or the attachment of the website via a denial-of-service attack or a distributed denial-of-service attack.

Anyone involved in the above mentioned activities will be restricted from using The Service and is at risk of having committed a criminal offence under the Computer Misuse Act 1990. If we become aware of any such activities, we will report to the relevant law enforcement authorities and share the identity of those involved.

Disclaimer

IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.

No Guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service. We will try to keep disruptions to a minimum but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use. The Service is not a substitute for a professional accountant and any information presented does not constitute accounting advice or tax advice.

Exclusion of Our Liability: You use The Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of the possibility) including the following losses (whether direct or indirect): loss of profit; loss of anticipated savings; loss of sales or business; loss of or damage to goodwill; loss of use or corruption of software, data or information; and indirect and consequential loss.

Limitation of Our Liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service shall not exceed a total aggregate amount equal to the Transaction Charges and fees of the app which the Account Holder has paid to us in the previous month (or the relevant third party on their behalf).

Liability to us: If you access The Service using a password created to control access to the Account Holder's Agendaat account, then the Account Holder shall be held liable for any reasonable costs, losses and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.

General Legal Matters

Entire Agreement: These Terms of Service describe the entire agreement between you, the Account Holder and us regarding The Service, and supersede and extinguish any prior understandings or agreements.

Third Party Features: In order to use certain optional features of Agendaat which relies on external data sources or embedded third party services you will be required to accept the terms and conditions of the relevant third party provider. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites. These will be notified to you within The Service at the point of first use of the relevant feature and thereafter where those terms are subsequently updated from time to time, but currently include:

By agreeing to these Terms and Conditions you agree, if you use the relevant features, to be bound by the Terms and Conditions listed above (and as subsequently amended from time to time) and any other third party terms subsequently accepted by you while using The Service ("Third Party Terms"). Any breach by you of the Third Party Terms shall, without limiting any other remedy available to the third party provider, be deemed to be a breach of these Terms of Service.

Changes To This Contract: We may need to change these Terms of Service from time to time. Changes to the terms will be posted on our website and updated on our App. We will notify you of any material changes to our Terms of Service by sending you an email with details of the change or notifying you of a change next time you use The Service following a change to these terms. Material changes include changes to the price, payment terms, and where relevant the Schedule. Changes to the Terms of Service will be effective immediately. If you do not agree to changes to the terms and conditions you can end your contract with us (Please see 'Closing an Agendaat Account' section for more information). Please ensure that you review any updates to these Terms of Service before continuing to use The Service. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent.

Transfer of Rights & Obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent.

Waiver and Severability: If either you or we ignore any breach of these Terms of Service, it doesn't mean that any further breach cannot be enforced. Similarly, if any part of these Terms of Service turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.

Resolving Disputes: These Terms of Service shall be governed by and interpreted in accordance with England law. If any party wants to take court proceedings in relation to The Service, it must do so in England. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.

Interpretation: The following rules of interpretation apply to these Terms of Service:

  • The headings are for convenience only and shall not affect the construction or interpretation of these Terms of Service.

  • A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

  • A reference to writing or written includes email.

  • Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

Schedule

Purpose of this Schedule

We have set out below the different types of user profiles. Please read on to find out which user type applies to you:

1. Business Profiles

Eligibility

You are classified as a Business Profile Holder if:

  • You are a Qualified Makeup Artist either by Qualification, Experience or Talent.

  • You own or authorised to act on behalf of a Registered Makeup Academy.

  • You own or authorised to act on behalf Registered Makeup Brand. 

Service specification and features available to Business Holder Profiles

You will have access to the following:

  • Beauty Directory.

  • Financial and Business Reports and Insights.

  • Booking Management System.

  • Featuring

  • Advertisements.

  • Discount Code Management.

  • Live

  • Portfolio

  • Tutorials 

  • Self Managed Profiles.

Price

Subscription is Free for all Eligible Subscribers. You will only pay transaction charges on the go. The % can be found in Prices. 

Subscription Fee Amount: A subscription fee for use of The Service is payable monthly in advance by the Account Holder. The subscription rates are posted on our Website and we may vary these from time to time: please see our Pricing Page for the rates in force for the current month. Prices for our Universal Account are quoted in American Dollars. If you change your subscription package in the future, the change in the subscription payment amount will take effect at the next billing cycle.

Early Birds Discounts:  The discount is only available to new customers who subscribe for The Service on or prior Monday 31st January 2022 and will cease to be available at such time as Agendaat determines in its sole discretion by deleting or amending the offer on the Pricing page – withdrawal of the discount offer will not affect the discount enjoyed by any customer that validly subscribed to pay whilst the discount offer was live. The discount will not be available to customers who subscribe via our App, and will not be available to any new customer that does not subscribe directly from Agendaat (e.g. customers subscribing through authorised third party providers or through other third party schemes). The discount may not be used in conjunction with any other discount offer, other than the referral and affiliate discounts available to those who have referred new customers to Agendaat, or been referred themselves – where this discount is used in conjunction with a referral or affiliate discount, the discount will be applied first as described above, and any referral or affiliate discounts will then be applied to the reduced amount.

2. Client Profiles

Eligibility

You are classified as a Client Profile Holder if:

  • Your Sign Up with your Credentials and Verify your Account.

Service specification and features available to Client Profile Holders.

You will have access to the following:

  • Beauty Directory.

  • Booking History.

  • Booking Management System.

If you are a Client Profile Holder you may also be required to accept the Terms and Conditions imposed by our authorised third party provider and/or the third party scheme in order to purchase The Service from them, in which case:

  • you must adhere fully to our authorised third party provider's terms and conditions relating to your use of The Service in addition to these Terms of Service; and

  • a breach by you of our authorised third party provider's terms or any third party scheme rules shall be deemed a breach of these Terms of Service, which may cause us to close your Agendaat account.

If, for whatever reason, the arrangement we have with any third party comes to an end, or you are no longer entitled to benefit from the arrangement, you may continue to access and use the Service by becoming a full paying customer of Agendaat.

Payment

Services charges are payable directly through authorised Third Party Provider on the terms you have agreed with them.

If we do not receive payment from the authorised third party provider for The Service, we reserve the right to take the actions specified under the Non-payment section in the main terms and conditions of service. In particular, we may suspend access to The Service or close your Agendaat Account.

bottom of page