Draft for legal review. Not yet checked by a solicitor. Text in [square brackets] needs filling in before launch. Points marked For review need a solicitor's view.
These terms are an agreement between you, the beauty pro, and [COMPANY NAME LTD] ("FeelPretty", "we", "us"), a company registered in England and Wales (company number [NUMBER]), registered office [REGISTERED ADDRESS]. They apply when you list your business and take bookings through FeelPretty. You accept them when you create your beauty pro page. Please read them before you do.
1. What it costs
We take nothing. No subscription, no commission, and no booking fee for your clients. FeelPretty keeps none of the money that passes through it.
The only costs are those of our payment processor, for moving your money. You pay them at cost, and we add nothing:
- Card fee, on every payment you take through FeelPretty (deposits, and the rest if you take it in the app): 1.5% + 20p per payment, the processor's standard rate for UK cards. Where a card costs more (premium, business or overseas cards) or less, you pay what the processor actually charged; we settle the difference on your next payment.
- Account fee: £2.00 in each calendar month you are paid through FeelPretty, which our payment processor charges us for every active account. It is taken from your first payment that month.
- Payout fee: 0.25% + 10p for each payout made to your bank.
These come out of your payments before they reach your payments account. What is owed and not yet taken (a payout fee, a card fee correction, or a refund your payment could not cover) is taken from your next payment, never more than half of it, and you can see every line on your Money page. Anything we owe you back is taken off your next fees.
If we ever want to charge for FeelPretty, we will give you at least [30] days' notice, and you can leave before it applies.
2. Who can join
You must be 18 or over, based in the UK, and legally entitled to run your business here. You can be a sole trader or a company; if you sign up for a company, you confirm you can bind it to these terms. One page per business.
You give us accurate details about you and your business, and keep them up to date. We check every new beauty pro by hand before your page goes live, and we may ask for changes or more information first, or decline a page, in which case we will tell you why.
Payments. You set up an account with our payment processor, Stripe. Payment processing for beauty pros on FeelPretty is provided by Stripe and is subject to the Stripe Connected Account Agreement, which you accept with Stripe when you set up payouts and which applies between you and Stripe. You let us share your business details and your transactions with Stripe so that it can provide that service, and you agree to give Stripe whatever it needs to check who you are.
Tax reporting. The law requires platforms like ours to collect details about the businesses that sell through them and report them to HMRC each year. You agree to give us the information this needs (for example your full name, address, date of birth, National Insurance number or Unique Taxpayer Reference, company number and VAT number) and agree that we may report it, with what you earned through FeelPretty. If you do not give it when asked, we may have to pause your page. [For review: the Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023, and when to collect these details.]
3. What FeelPretty does
FeelPretty is an online marketplace. We show your services and your work to clients, take bookings, send reminders and messages, and take payments.
Your contract for a treatment is with your client, not with us. You are the provider of the treatment. We are not a party to it and do not provide beauty services.
We take payments as your agent. You appoint us to accept payments from your clients on your behalf, through our payment processor. A client who pays us has paid you, and you will not ask them to pay again. We pass on what we receive for you, less only the costs in section 1.
How you appear. Looks are shown newest first, or nearest first when a client searches near a postcode, and can be filtered by treatment. Lists of beauty pros take into account the number of reviews and how recently the page was approved. Only listed beauty pros who can take payments appear. Nobody can pay for a better place. We may show your looks, page and reviews in our own marketing (see section 7). We do not promise any number of bookings or views.
4. Taking bookings
You choose how bookings come in:
- accept every booking automatically;
- accept returning clients automatically and approve new clients yourself; or
- approve every booking yourself.
If you approve bookings, answer each request within 24 hours (or half the time left before the appointment, if sooner). If you do not, it is declined automatically and the client pays nothing.
You set your services, prices, deposits, hours, notice, and cancellation rules, and you make sure they are accurate, lawful and clear. A booking keeps the rules that were showing when the client paid, even if you change them later. Your prices must be the full price of the treatment, including any VAT you charge.
Keep your hours and time off up to date, and honour the bookings you take. If you have to cancel, do it in FeelPretty as early as you can: the client's deposit is refunded in full. Cancelling often, or not turning up, may lead us to pause your page.
5. Getting paid
- Deposits are yours. We take the client's payment and pass the deposit to your payments account, less only the processing costs above.
- The rest of the price is paid to you directly, unless you choose to let clients pay it in the app. What you take directly, we do not handle, and you are responsible for it.
- Payouts to your bank are made by our payment processor on its schedule.
Paying the rest in the app is optional and off until you switch it on. When it is on:
- clients can pay what is left from their booking, from when it is confirmed until 7 days after the appointment, and you can send them a request, with a different amount and a short note if you need to. The client confirms the amount before anything is taken;
- the processing costs above apply to it exactly as to a deposit. We make nothing on it;
- if the appointment does not go ahead (you or the client cancels, or you mark it as missed), the payment is refunded to the client in full and the amount you received is taken back from your payments balance. The card fee is not returned on a refund, so that is taken from your next payment;
- recording a balance as paid another way stops the client being asked to pay in the app.
Refunds follow the rules in our customer terms and the cancellation rules the client booked under. When a deposit is refunded, the same amount is taken back from your payments balance, up to what you received from it. The card fee is not returned on a refund, so on a full refund that fee is taken from your next payment. If the refund is our fault (a payment that landed after the time had gone), we pay that fee instead.
Chargebacks and disputes. If a client disputes a payment with their bank, we will tell you and you agree to send us evidence (such as the booking, messages and photos of the work) within [7] days so we can respond for you. If the dispute is lost, the disputed amount and the processor's dispute fee, at cost, are yours to bear, as they would be with any card payment you take. If the dispute is won, the amount comes back to you. We may take what is owed from your future payments through FeelPretty, or ask you to pay it within 14 days. [For review: whether to cap how much of each payment can go to a dispute, as for other fees.]
Pausing payouts. If we reasonably suspect fraud, a serious breach of these terms, or an unusually high rate of refunds or disputes, we may ask our payment processor to pause your payouts while we look into it. We will tell you why, keep the pause as short as we can, and release anything that is yours.
6. Your responsibilities
You run an independent business. You are not our employee, worker, partner or agent, and you cannot make promises on our behalf. You are responsible for your treatments and your business, and you promise us that:
- you hold the training and qualifications your treatments need, and do only treatments you are trained for;
- you hold, and keep in force, public liability insurance and treatment (professional indemnity) insurance that cover the treatments you offer, and will show us your certificate if we ask; [For review: minimum cover, for example £1 million public liability.]
- you hold any licence or registration your treatments or premises need, including any local authority special treatment licence;
- you do patch tests where good practice or the product maker calls for them, ask clients about allergies and health, and keep hygiene, health and safety standards (including safe handling of products and equipment);
- you follow the law on age limits (for example, no sunbed use by anyone under 18) and refuse treatments the law does not allow;
- you follow consumer law: your treatments are carried out with reasonable care and skill and match how you describe them;
- you treat clients fairly and do not discriminate unlawfully;
- you pay your own tax and National Insurance, and charge VAT if you are registered;
- everything you put on FeelPretty is true and not misleading.
If something goes wrong with a treatment (an injury, reaction or complaint), deal with it promptly and fairly, tell your insurer where needed, and tell us at [email protected] if it is serious.
7. Your photos and content
Photos must be your own work, shown honestly. Every look you upload must be a treatment you carried out. Do not use filters or edits that change how the result looks (lighting and cropping are fine), and do not use other people's photos or stock images. This keeps FeelPretty trustworthy, and misleading beauty images can break advertising rules.
People in your photos. Get the permission of anyone who can be identified in a photo before you upload it, and keep a record of it. Remove a photo straight away if they ask.
What you let us do. You keep ownership of your photos, text and other content. You give us a non-exclusive, worldwide, royalty-free licence to host, copy, resize, re-encode, display and share it on FeelPretty and in the share kit, and to use it, with credit where practical, to promote FeelPretty (for example on our social media and in ads), for as long as it is on FeelPretty and for a reasonable time afterwards for material already published. Our service providers may handle it for us. We re-encode every upload to remove hidden data such as location.
We may remove or hide content that breaks these terms or the law, or that we reasonably believe is misleading or unsafe, and we will tell you why.
8. Clients' information
You will see your clients' names, booking details, notes and messages. Use them only to provide and manage their bookings and your legal records. Do not use them for unrelated marketing, share or sell them, or contact clients to harass them. Keep your client notes accurate, relevant and respectful; clients can ask to see personal information held about them.
For the client information you receive and keep, you are responsible under data protection law, including keeping it secure and deleting it when you no longer need it. Tell us straight away if you become aware of a data breach involving FeelPretty. [For review: controller or joint-controller position for beauty pro notes, and whether a data sharing agreement is needed.]
9. Your address and your safety
Your exact address is never shown publicly. Your page shows a rough area only. A booked client sees your address from 24 hours before their appointment until 24 hours after. You can decline or end an appointment with a client who is abusive or threatening, and you should report them to us.
10. Reviews
Clients can review appointments they had, once. You can reply publicly, politely and without personal information about the client. You must not write reviews of your own business or a competitor's, ask friends to, or offer anything in return for a review or for changing one. We do not remove reviews because they are negative; we remove reviews that are fake, abusive or not about a real appointment.
11. Things you must not do
- Ask clients to pay a booking fee, or charge more than the price shown, except an agreed change for an add-on or a different treatment, which the client confirms.
- Take bookings for treatments you cannot or will not provide, or use FeelPretty to sell products or services other than your treatments.
- Copy, scrape or misuse FeelPretty, its content or other people's details, or interfere with how it works.
- Use FeelPretty for anything unlawful, fraudulent or unsafe.
12. Pausing or closing your page
We may pause or restrict your page if you break these terms, if we receive serious or repeated complaints, if we reasonably suspect unsafe practice or fraud, if your payment account is restricted, or if the law requires it. We may close your page for the same reasons. We will tell you why, and give you a chance to respond where it is fair to.
Unless the reason is a serious or repeated breach, a risk to someone's safety, fraud or a legal requirement, we will give you at least 30 days' notice before closing your page for good.
Bookings already made are dealt with one by one; we do not cancel them as a side effect. Money that is yours is still paid to you, less anything owed under these terms.
You can leave at any time from your account, once your upcoming appointments are finished or cancelled. Sections 5 (for money still owed), 7, 8, 13 and 14 continue after you leave.
13. Responsibility between us
You are responsible to us for, and will make good, any loss, damage, claim or reasonable cost (including reasonable legal costs) we suffer because of:
- a treatment you provided, or a claim by a client or anyone else about it;
- your breach of these terms or of the law;
- content you uploaded, including a claim that it infringes someone's rights or was posted without consent;
- your handling of clients' personal information; or
- your tax, National Insurance or VAT.
We will tell you promptly about any claim, let you have a say in how it is handled, and take reasonable steps to limit the loss.
Our responsibility to you. We will run FeelPretty with reasonable care and skill, and pass on the payments we receive for you. We do not promise that FeelPretty will always be available or free of faults, or that it will bring you any bookings or income, and we may change or withdraw features. We are not responsible for:
- loss of profit, income, business, goodwill or opportunity, or any indirect loss;
- what clients do or do not do, including not turning up, or disputes between you and a client;
- events beyond our reasonable control (for example a failure of the internet, a payment network or a supplier).
Apart from our duty to pass on payments we have received for you (which this limit does not affect), our total liability to you in any 12 months is limited to £[100].
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited.
14. General
- Changes to these terms. We may change these terms. We will give you at least [30] days' notice by email of any change, unless the law makes us change sooner or the change is needed to deal with a new risk to safety or fraud. If you do not agree, you can leave before the change applies.
- Complaints. If you are unhappy with us, email [email protected] with what happened. We aim to reply within 10 working days, and we will try to sort it out fairly. [For review: Platform-to-Business Regulation duties, including the internal complaints system and naming mediators, and whether the small-business exemption applies.]
- Notices. We will contact you by email and in your account. Keep your email address up to date.
- Transfer. We may transfer our rights and duties under these terms, for example if FeelPretty is sold, and will tell you. You may not transfer yours without our written agreement.
- Our name and content. The FeelPretty name, logo, design and software belong to us. You may say that you take bookings on FeelPretty and use the share kit we give you, but not use our name or logo in any other way without our permission.
- Each part stands alone. If a court decides part of these terms cannot be enforced, the rest still applies.
- Not giving up rights. If we do not enforce a right straight away, we can still enforce it later.
- Whole agreement. These terms, our customer terms as they apply to bookings, and our privacy policy are the whole agreement between us about FeelPretty.
- Third parties. Nobody else can enforce these terms.
- Law and courts. These terms are governed by the law of England and Wales, and the courts of England and Wales alone can decide disputes about them.