Terms of Service for Stylist

GENERAL TERMS FOR STYLIST

These General Terms set forth the main terms and conditions that apply to and govern the usage of the Stylist Piazza Limited (SPL) Application and Platform.

In order to provide Stylist Services using the Stylist Piazza Application you must agree to the terms and conditions that are set forth below.

1. DEFINITIONS
   1. Stylist Piazza Limited (also referred to as “we”, “our” or “us”) – a private limited company incorporated and registered under the Laws of the Federal Republic of Nigeria with registration number 1960079 and registered office address at No. 2 Emma Agunanne, Okomala Ilasamaja, Lagos State, Nigeria.

1. Stylist Services refer to services such as hair dressing, make up styling, nail styling and other styling services in the industry.

1. Stylist Piazza App – a smartphone application for Customers and Stylist to request and receive Styling Services.

1. Stylist Platform – technology connecting Customers with Stylist to help them get the best and efficient styling services.

1. Stylist – refers to professional hairdressers, nail technicians, make- up artist and any other individual with requisite professional know how in the styling industry.

1. Customer – a person requesting Stylist services by using the Stylist Platform.

1. Agreement – this agreement between the Stylist and Stylist Piazza Limited regarding the use of Stylist Piazza App and Platform which consists of:
   1. these General Terms;
   1. special terms displayed in Stylist Piazza App, e.g. regarding price info or service descriptions;
   1. the Stylist guidelines; and
   1. other terms referred to in this Agreement as may be amended from time to time.

1. Charge(s) – the fee a Customer is obliged to pay the Stylist for provision of the Styling Services.

1. Stylist Piazza Fee – the fee that Stylist is obliged to pay to Stylist Piazza for using the Stylist Platform.

1. In-app Payment – cards, carrier billing and other payment methods used by the Customer via the Stylist piazza App to pay for the Stylist Services.

1. The Stylist Account – access to a website containing information and documents regarding usage of the Styling Services in course of provision of Stylist Services, including accounting documentation. Stylist may access the Stylist Account at  www.stylistpiazza.com by entering username and password.

1. Styling Services – Styling service a Stylist is providing to a Customer whose request a Stylist has accepted through the Stylist Piazza App.

1. Payment Agent – Stylist Operations , i.e agent responsible for the technical support services for the provision of payment services to facilitate payments and/or invoicing on behalf of Stylist Piazza.  Payment agent may also discuss any complaints and settle any disputes in relation to payments made by Stylist Piazza.

• ENTRY INTO THE AGREEMENT
  • Prior to using the Stylist Piazza Services, you must sign up by providing the requested information in the signup application on website and uploading necessary documentation as required by us. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, we will provide you with a personal account accessible via a username and password. By clicking the “Sign up” button located at the end of the signup application, you represent and warrants that: pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the Stylist Platform for providing the Styling Service; you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement; all the information you have presented to us is accurate, correct and complete; you will keep the Stylist Account accurate and profile information updated at all times; you will not authorize other persons to use your Stylist Account nor transfer or assign it to any other person; you will not use the Stylist Services for unauthorized or unlawful purposes and impair the proper operation of the Stylist Services; at all times, you fully comply with all laws and regulations applicable in the state you are providing Stylist Services in, including (but not limited to) laws regulating Customer styling services;
  • You are obliged to provide your bank requisites in course of filling the payment details upon registration. In case you are a legal person, you must insert the bank account of the company. We are transferring In-app Payment fees to the bank account that you have provided. We are not liable for any incorrect money transactions in case you have provided wrong bank requisites.

• After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to use Stylist Piazza Services. These conditions may include providing criminal records, valid driving license, satisfactory technical state of the vehicle, completion of a training course, owning a GPS-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use the Stylist Services.

• Registering the account as a legal person (i.e. a company). You are considered to be a legal person, if the recipient of the fees is marked as a legal person in payment details (as accessible in the Stylist Account). In such case, the indicated legal person is considered to be the provider of Stylist Services and a party to these General Terms, Agreement and any further agreements. Only the specific natural person indicated in the signup process may factually provide the Stylist Services. Such natural person may use the account of the Stylist only if he/she has read and agrees to be bound by these General Terms and any further documentation that is part of the Agreement. THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE STYLIST SERVICES UNDER STYLIST ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE GENERAL TERMS AND AGREEMENT CONDUCTED BY THE STYLIST.

• Registering The Stylist Account as a Stylist Company. Upon concluding a separate agreement, a Stylist Company may itself register accounts to its employees and/or service providers. In such case the Stylist Company shall be required to ensure that its employees and/or service providers conform to the requirements of General Terms, Agreement and any further agreements and agrees to act in accordance and be bound with its conditions and obligations. The Stylist Company and its employees and/or service providers shall remain jointly and severally liable for any infringement conducted by such employee and/or service provider.

• RIGHT TO USE THE STYLIST PIAZZA APP AND THE STYLIST ACCOUNT
  • License to use the Stylist Piazza App and the Stylist Account. We hereby grant you a license to use the Stylist Piazza App and the Stylist  Account. The license does not grant you the right to sublicense or transfer any rights to the third persons. Regardless of the above and if so agreed separately, Stylist Companies may sub-license the Stylist Piazza App and the Stylist Account to the members of its styling team.
  • Process of creating a Stylist Account: A Stylist account would be created by Signing up as  Stylist under the Stylist Platform and upon the submission of the following documents:
• A Passport photograph
• An International Passport / National Identity Card/ Voters Card

•  The sign-up would additionally require a functional email address, phone number, and a unique username that would be hosted on the Stylist Platform.

• In course of using the Stylist Piazza App and/or Stylist Account you may not:

1. Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Stylist Piazza App, the Stylist Account or other software of Stylist Piazza;
2. Modify the Stylist Piazza App or the Stylist Account in any manner or form or to use modified versions of the Stylist Piazza App or Stylist Account;
3. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on Stylist Platform;
4. attempt to gain unauthorized access to the Stylist Piazza App, the Stylist Account, or any other Stylist Piazza Services.

• The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement, you must immediately stop using the Stylist Piazza App and the Stylist Account and we are entitled to block and delete Stylist account without a prior notice.
  • The Uploading of Contents on the Stylist Piazza App: The Stylist is required to from time-to-time upload contents that are created in the process of service delivery on the Platform. Such content could be in the form of video or images.
    • For video content the resolution should be between 720p and 1080p
    • For image content only images saved as JPEG and PNG can be uploaded.

• Using tags and labels of Stylist Piazza:  Additionally, we may give you tags, labels, stickers or other signs that refer to Stylist Piazza brand or otherwise indicate you are using the Stylist Platform. We grant you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating you are providing Stylist Services via the Stylist Platform. After termination of the Agreement you must immediately remove and discard any signs that refer to Stylist Piazza brand.

• All copyrights and trademarks, including source code, databases, logos and visual designs are owned by Stylist Piazza and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Stylist Platform or any other Stylist Services you do not acquire any rights of ownership to any intellectual property.

• PROVIDING THE STYLIST SERVICES: The Stylist’s Obligations: You hereby guarantee to provide Stylist Services in accordance with the General Terms, Agreement as well as laws and regulations applicable in the state where you are providing Stylist Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing Stylist Services. You must provide the Stylist Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Customer’s request in the best interest of the Customer.
  
  You retain the sole right to determine when you are providing the Stylist Services. You shall accept, decline, or ignore Stylist Services requests made by Passengers at your own choosing.Costs you incur while providing the Stylist Services: You are obliged to provide and maintain all equipment and means that are necessary to perform the Stylist Services at your own expense. You are also responsible for paying all costs you incur in the course of performing the Stylist Services. Please bear in mind that using the Stylist Piazza App may bring about consummation of large amount of data on your mobile data plan. Thus, we suggest you subscribe for a data plan with unlimited or very high data usage capacity.Charge(s): You are entitled to charge for each instance when you accept a Customer on the Stylist Platform and completed the Stylist Service as requested. You may negotiate the Charge by sending us a pertinent request that has been either signed digitally or by hand. Additionally, you shall always have the right to charge the Passenger less than the sum indicated by the Stylist Piazza App. However, charging the Passenger less than the Stylist Piazza App indicates, does not decrease the Stylist Piazza Fee.Stylist Piazza may adjust the Charges for a particular order completed, if we detect a technical error affecting the final sum is identified. Stylist Piazza may also reduce or cancel the Charge in cases where we have reasonable cause to suspect a fraud or a complaint by the Customer indicates a violation by you. Stylist Pizza will only exercise its right to reduce or cancel the Charge in a reasonable and justified manner.Customer may pay the Charges for the Stylist Service either directly to you or via the In-app Payment as described in section 6 of these General Terms.  In case the Customer pays the Charge directly, it is your obligation to collect the Charge. In case the Customer fails or refuses to pay, Stylist Piazza will send a notice of debt to the Customer on behalf of you.  Such authorization derives from the mandate of paying agent given to Stylist Piazza and does not entail that Stylist Piazza  has an obligation to compensate for the Charges not paid by the Customer. If Customer justifiably refuses to pay the Charge on the account that your information stated in the Stylist Piazza App is incorrect, then Stylist Piazza will not reimburse you for such expenses.Receipts: After each successful provision of Stylist Services, Stylist Piazza shall create and forward a receipt to the Customer consisting of the following information: the company’s business name, place of business, the first name and surname of the Stylist, the Charge paid for the provision of the Stylist Services. The receipt of each provision of Stylist Services is available to you via the Stylist Account.Cancellation fee & wait time fee: Customer may cancel a request for Stylist Services that a Stylist has accepted via the Stylist Piazza App. However, upon arrival of the Stylist, any cancellation by the customer will attract a penalty cancellation fee of 10% of the proposed service fee.Your tax obligations: You hereby acknowledges that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Stylist Services, including (i) paying income tax, social security tax, VAT or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Stylist Services. You hereby agree to compensate Stylist Piazza all state fees, claims, payments, fines or other tax obligations that Stylist Piazza will incur in connection with the obligations arising from applicable tax regulations not having been met by you (including paying the income tax, VAT and social tax).The Stylist’s authorisation to issue invoices:  Stylist Piazza has a right to issue an invoice on your behalf to the Customer in order to compensate you for any Charges, contractual penalties or other fees that Stylist Piazza mediates to you. The invoice will be made available to you via the Stylist Account.

• STYLIST PIAZZA FEES
  • In order to use the Stylist Piazza Services, you are obliged to pay a fee (i.e. the Stylist Piazza Fee). The Fee is paid based on the charge for  each Stylist Service that is completed. The amount of the Fee is made available to you via e-mail, Stylist piazza App, Stylist Account or other pertinent means. Please acknowledge that the Fee may change from time to time. We shall send you a prior notification of each such change.
  • You must pay the Stylist Piazza Fee and any other fees due to us for the previous month at latest by the 15th date of the following month. Upon delay with payment of the Fee, you shall be obliged to pay a penalty of late payment in the amount of 0.04% (zero point zero four percent) of the unpaid amount per day. You are obliged to cover all costs incurred by us, which are related to debt collection activities.

• IN-APP PAYMENTS
  • We may enable Customers to pay for the Stylist Service via cards, carrier billing and other payment methods  directly in the Stylist Piazza App (i.e. In-app Payment). You hereby authorize us to act as your limited commercial agent solely for the purpose of collecting, on your behalf, the charges or other fees paid by the Customers via In-app Payment. Any payment obligation made by the Customer via the In-app Payment shall be considered fulfilled as of the time that the payment has been made.
  • You may not refuse payment by the Customer via the In-app Payment, or influence the Customer against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, we shall be entitled to charge you a contractual penalty in the amount of 10 dollars for every refusal and/or block your right to use the Stylist Services in case of repetitive behaviour.
  • Stylist Piazza reserves the right to distribute promo code to Customers at our discretion on a per promotional basis. You are required to accept the use of promo code only when the Customers applies the code in-app to a Styling Service using card payment. Promo codes may not be applied to cash paid Styling Services. If the use of promo codes is suspected as being fraudulent, illegal, used by a Stylist in conflict with our Terms and Conditions relating to promo code use, then the promo code may be canceled and the outstanding amount will not be reimbursed by Stylist Piazza to the Stylist.
  • You are entitled to review In-app Payment reports in the Stylist Account or App. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the Stylist Piazza Fee. You must notify us of any important circumstances which may affect our obligations to collect and distribute the Charges paid via In-app Payment.
  • We are not obliged to pay you the Charge due from the Customer if the In-app Payment failed because Customer’s credit card or other payment is cancelled or is unsuccessful for other reasons. In such case we will help you in requesting the Charge due from the Customer and shall transmit it to you once the Customer has made the requested payment.
  • Before providing Stylist Services, you must verify that the service is being actually provided to the right Customer or the Customer has expressly confirmed he/she allows other Customers to request for Stylist Services under Customer’s account. If you make a mistake in identifying the Customer, and the In-app Payment is charged to a person, who has not been provided or has not approved the Stylist Services for other Customers, then we shall reimburse the person for the Charge. In such case you are not entitled to receive the Charge from us. Additionally, for every wrongfully applied In-app Payment, we shall be entitled to charge you a contractual penalty up to 10 dollars.
  • Please note that we will set off any Charges paid via In-app Payment against the amounts that you are obliged to pay to us (i.e. Stylist Piazza Fees and contractual penalties). We may set off any of your financial liabilities against financial liabilities that you may have against us.
  • If we are not able to pay the Fees to you due to you not including your bank account details in your Stylist´s account or if the bank account details have been noted incorrectly, then we will hold such payments for 180 days. If you do not notify us of the correct bank account details within 180 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Charges not transferred to you shall expire.

• CUSTOMER SUPPORT
  • We provide the Stylist customer support regarding the use of the Stylist Services. We have the right to stop providing the customer support services in case you are in delay with any of the payments for more than 5 (five) calendar days.

• RATINGS AND ACTIVITYIn order to guarantee high-quality service and provide additional reassurance to Customers, you hereby acknowledge that the Customers may provide you a rating and leave feedback regarding the quality of the Styling Services that you have provided. Your average rating will be linked to your Stylist´s account and will be available to Customers at Stylist Piazza App. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of your rating.In addition to the rating, we measure your level of activity and provide you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Stylist Service requests.In order to provide reliable services to Customers, we may determine a minimum average rating and a minimum activity score that Stylist must establish and maintain. If, after a pertinent notification from us, you do not increase your average rating or activity score to minimum level within the prescribed time period, your Stylist´s account will be automatically suspended either temporarily or permanently. We may reverse the suspension of your account if it is merited by any external circumstances, or it is detected that the suspension was caused by a system error or false ratings.

• MARKET OVERVIEWS AND CAMPAIGNS
  • Market overviews: We may send you, via the Stylist Piazza App, Stylist Account, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Customers is highest. Such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, we cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.
  • Campaigns promising minimum income. We may also provide campaigns, whereby we will guarantee a minimum income if you provide Stylist Services within a specified timeframe. If the specified minimum is not reached by you, we shall compensate the gap. The specific requirements and conditions will be sent via the Stylist Piazza App, Stylist Account, SMS, e-mail or other means. We have full discretion in deciding if, when and to which Stylist we provide such campaigns. If we have reasonable cause to suspect any fraudulent activity by you, we may withhold your Fare until the suspicion of fraud has been cleared.
  • Campaigns for Customers: We may also occasionally arrange various campaigns to Customers in order to promote the Stylist Platform. If the Fare paid by the Customer is reduced as part of such campaign, we shall pay you compensation, amounting to the monetary value of the benefit offered to the Customers.

1. RELATIONSHIP BETWEEN YOU, US, AND THE CUSTOMERS
   1. You hereby acknowledge and agree that we provide an information society service and do not provide Styling Services. By providing the Stylist Platform, we act as marketplace connecting Customers with Stylist to help them access the best and most efficient styling services. You acknowledge that you are providing the Stylist Services on the basis of a contract and that you provide the Stylist Services either independently or via a company as an economic and professional activity.
   1. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed an employee of us, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.
   1. You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.

1. PROCESSING OF PERSONAL DATA
   1. Your personal data will be processed in accordance with the Privacy Notice, available at www.stylistpiazza.com

1. LIABILITY
   1. The Stylist Platform is provided on an “as is” and “as available” basis. We do not represent, warrant or guarantee that access to Stylist Platform will be uninterrupted or error free. As the usage of Stylist Platform for requesting Stylist services depends on the behavior of Customer, we do not guarantee that your usage of the Stylist Platform will result in any Stylist Service requests.
   1. To the maximum extent permitted under the applicable law, we, nor Stylist Piazza’s representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the Stylist Piazza Services, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit or anticipated savings; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data; and any other type of loss or damage.
   1. The financial liability of us in connection with violating the General Terms or Agreement will be limited to 100 dollars. You shall have the right to claim for damages only if we have deliberately violated the General Terms or Agreement.
   1. We shall not be liable for the actions or non-actions of the Customer(s) and shall not be liable for any loss or damage that may incur to you as a result of actions or non-actions of the Customer(s)
   1. You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General Terms, Agreement and laws and regulations. If  a Customer presents any claims against us in connection with your provision of Stylist Services, then you shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.

1. TERM AND TERMINATION
   1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing Stylist Services on Stylist Platform.
   1. You may terminate the Agreement at any time by notifying Stylist Piazza at least 7 (seven) days in advance, after which your right to use the Stylist Platform and Stylist Services shall terminate. Stylist Piazza may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 3 (three) days in advance.
   1. Stylist Piazza is entitled to immediately terminate the Agreement and block your access to Stylist Platform without giving any advance notice in case you breach the General Terms or Agreement, any applicable laws or regulations, disparage Stylist Piazza, or cause harm to Stylist Piazza’s brand, reputation or business as determined by Stylist Piazza in our sole discretion. In the aforementioned cases we may, at its own discretion, prohibit you from registering a new Stylist account.
   1. We may also immediately block your access to the Stylist Platform and to the Stylist Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.
   1. We are aiming to provide the highest quality service to all Customers therefore we are monitoring the activity of Stylist on Stylist Platform. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to immediately terminate the Agreement without giving any advance notice.

1. AMENDMENTS
   1. Any changes to the Agreement shall enter into force after they have been made available to you via e-mail, Stylist Piazza App or Stylist Account and you have continued to provide the Stylist Services.
   1. In order to amend the General Terms, we shall post a revised version on the website (www.stylistpiazza.com) and give you at least 14 (fourteen) days prior notice. If you continue to use the Stylist Services, you shall be deemed to have accepted the revised conditions.

1. APPLICABLE LAW AND COURT JURISDICTION
   1. The General Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of the Federal Republic of Nigeria. If the respective dispute resulting from General Terms or Agreement could not be settled by negotiations or arbitration, then the dispute shall be solved in State High Court.

1. NOTICES
   1. You are obliged to immediately notify us of any changes to your contact information.
   1. Any notice required to be given under the General Terms and Agreement shall be sufficiently given if: (i) delivered personally, (ii) sent by courier with proof of delivery, (iii) sent by registered mail, (iv) sent by e-mail or (v) made available via the Stylist Piazza App or Stylist Account. Any notice which is sent or dispatched in accordance with this clause shall be deemed to have been received: (i) if delivered personally, at the time of delivery to the party; (ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; (iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; (iv) if made available via the Stylist Piazza App or Stylist Account, or (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
2. FINAL PROVISIONS
   1. If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
   1. Date of entry into force of the General Terms:  16th April 2023