Terms & Conditions

Serenity Spa Solutions Ltd terms and conditions

This agreement sets out the terms and conditions of business between Serenity and Therapists and Serenity and Spas.
The following definitions and rules of interpretation apply to this agreement:
Platform - an online marketplace, details of which are set out in paragraph 1.1
Serenity - Serenity Spa Solutions Ltd a private limited company registered in England with company registration number 08807478 whose registered office address is at 27 Old Gloucester Street, London
Spas - persons using the Platform to search for Therapists and engage with and book Therapists including spas, hotels and salons
Therapists - persons working as self-employed contractors to deliver massage and beauty treatment services to Spas via the Platform
Users - any person visiting the Website including (for the avoidance of doubt) Therapists and Spas
Website - www.serenityspasolutions.co.uk
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
Words in the singular shall include the plural and vice versa and a reference to one gender shall include a reference to the other genders.
A reference to a paragraph is to a paragraph in this agreement.
1.   General terms 
1.1   About Serenity and the Platform
Serenity hosts and provides access to the Platform which enables Therapists and Spas to connect with one another to arrange, agree and book services. The Platform includes:
•   A searchable online database of Therapists;
•   Communication tools to facilitate interaction; 
•   Online facilities to manage the booking; and
•   Records of payments outstanding to Serenity.
1.2   Status of Serenity
Serenity is an introductory agency. Serenity does not:
•    Supply Therapists to Spas; 
•    Employ Therapists; and/or
•    Act as an employment agency.
Accordingly, the Agency Worker Regulations 2010 (or similar) do not apply to this agreement.
Subject to this agreement, Spas and Therapists should agree terms between themselves. 
1.3 Contact information
If you have any questions about this agreement or the services provided by Serenity please contact us at sabine@serenityspasolutions.co.uk or by telephone on 020 7000 1888.
2.   Use of the Platform
2.1   Eligibility to use the Platform 
By registering and using the Platform you confirm that:
•    If you are an individual, you are 18 years of age or more and have the capacity and ability to enter into this agreement; 
•    If acting on behalf of a business, you have authority from the business to enter into this agreement;
•    All the information provided by you on the Platform is correct and accurate; and
•    You will abide by the terms of this agreement.
2.2   Selection of Therapists or Spas
As a Spa or a person acting on behalf of a Spa, you agree and acknowledge that it is your responsibility to select a Therapist. 
Therapists are responsible for determining whether they wish to provide their services to a Spa.
Serenity recommends that Spas conduct an assessment of a Therapist’s suitability including by viewing their profile and reviewing the information about the Therapist on the Platform and by interviewing the Therapist.
2.3   Checks of Therapists
Serenity takes reasonable endeavors to check the identity and information provided by Therapists.
This includes checking:
•   Therapists right to work in the UK; and
•   Evidence of their qualifications, passports to confirm identity and right to live and work in the UK.
2.4   Permitted use of the Platform
Therapists and Spas (as applicable) are permitted to use the Platform for the following, private, non-
commercial purposes: (i) viewing the website; (ii) sending genuine enquiries to Therapists regarding use of their services;  (iii) making/reviewing/changing bookings and checking the progress of an assignment; (iv) changing billing information and generating invoices where relevant;  (v)  or communicating with Serenity representatives by phone, email or live chat to arrange bookings.
Therapists and Spas (as applicable) are not permitted to: (i) use automated systems, manual copying or software to extract data from the Platform for commercial purposes; or (ii) ‘screen scrape’ unless the third party has directly concluded a written license agreement with Serenity. 
2.5   Conduct of Users
Users should communicate in a polite and courteous manner.
Users must not discriminate against a Therapist or Spa on the basis of race, nationality, religion or
belief,  disability,  gender, sexual orientation, pregnancy  or any other  ground in accordance with the Equality Act 2010.
3.   Registration to the Platform
3.1 Registration by Spas
Spas register on the Platform by:
•    providing their details including their company and trading name (if appropriate) and address;
•    Providing details of a manager including their name, telephone number and email address;
•    Providing details (if different to the above) of the person to whom invoices should be sent;
•    Choosing a memorable password.
3.2 Registration by Therapists
Therapists register on the Platform by:
•    Providing their personal details including their full name, address and date of birth;
•    Providing details of their qualifications and experience;
•    Sending Serenity evidence of their identity;
•    Evidence of insurance;
•    Sending Serenity evidence of their right to work in the UK; and
•    Choosing a memorable password.
3.3   Updating information
Spas and Therapists must ensure that the information provided on the Platform is up to date and they are responsible to keeping their password secure.   Serenity recommends that Spas and Therapists regularly change their password. 
4.  Payments, cancellations and refunds
4.1   Payments
All payments for services provided by the Therapist to the Spa must be made to Serenity through the Platform and in accordance with this agreement.
Serenity shall send an invoice to the Spa for the fees.  The invoice shall be payable by the Spa by
BACS within 30 days of the date of the invoice and Serenity shall confirm its account details to the Spa in writing.  The amount payable by the Spa to Serenity may be obtained from the Platform.
Any attempt by a Spa to make payment off Platform, or by a Therapist to accept or solicit payment off
Platform, entitles Serenity to immediately suspend the account of the relevant Spa or Therapist.  Any proposal to pay outside of the Platform made by either a Spa or Therapist must be reported to Serenity immediately.
Serenity is entitled to charge interest at a rate of 8 per cent above the Barclays Bank Plc base rate from time to time.  Interest shall be calculated on the simple basis and shall accrue from the payment date of the invoice.  
4.2   Serenity’s fees
Serenity charges an introduction fee to the Spa which shall be confirmed in writing by Serenity to the Spa. The introduction fee is included in the rate stated for each Therapist.  
4.3 Payment of Therapists
Serenity shall pay the Therapist the fees owed to the Therapist by the Spa.  Therapists shall be paid each month.  
4.4 VAT
Serenity charges VAT on the service provided by Therapists as applicable.  
4.5 Cancellation of a booking
A Spa may cancel a booking with a Therapist by giving notice in writing or through the Platform to Serenity at least 24 hours before the start of the booking.  Provided notice has been given in accordance with this paragraph, the Spa shall not be liable to pay the Therapist fees for that booking.
If a Spa cancels a booking within 24 hours of the commencement of a booking, the Therapist fees are payable in full.  In exceptional circumstances and with the agreement of the Therapist, Serenity will agree to void payment in cases where cancellation has taken place within 24 hours of the commencement of the booking. 
5.   Serenity’s liability – PLEASE READ THIS SECTION CAREFULLY
5.1 Extent of liability
Nothing in this agreement shall limit or exclude Serenity’s liability for:
•    Death or personal injury caused by its negligence, or the negligence of its personnel; 
•    Fraud or fraudulent misrepresentation; and
•    Any other liability which cannot be limited or excluded by applicable law.
Serenity is not liable to the Spa or the Therapist for any, losses, injury, accidents, claims or damages arising out of the use of the Platform, the booking of Therapists by the Spa or the provision of services to the Spas by Therapists.
5.2   Limitations of Serenity’s liability
The Platform is used at the Spa’s and Therapist’s own risk and Serenity does not guarantee that the
Platform will operate optimally and with 100 per cent uptime, or not be temporarily or permanently suspended.  Serenity shall not be liable for losses or damages caused by the Platform being temporarily or permanently offline.
Serenity is not liable to the Spa for any, losses, injury, accidents, claims or damages arising out of the
use of the Platform, the  booking  of Therapists by the Spa  or the provision of  therapist and beauty treatment services to the Spa by Therapists.
Serenity’s total liability to any Therapist or Spa whether based in negligence, breach of contract, misrepresentation or otherwise shall not exceed the value of the total fee income Serenity derived from the relevant Therapist or Spa through the Platform.
5.3   Indemnification of Serenity
Each Therapist and Spa agrees to indemnify and hold Serenity harmless from any claim or demand brought against Serenity as a result of a breach of this agreement by such Therapist or Spa.
5.4   Insurance cover
Therapists should obtain a policy of insurance with an indemnity of no less than £1,000,000 which covers the services they provide to Spas and Spas should ensure that Therapists have in place an appropriate insurance policy.
6.   Off Platform arrangements
The Therapist  and  Spa  agree to use the  Platform  for all  bookings  that take place  following an introduction made through  the Platform of a Spa and Therapist. This is for the duration of the engagment of the therapist on our platform and for 6 months after the end of the engagement. Spas and Therapists must not enter into contractual negotiations and/or commercial arrangements for the provision of services off Platform, this includes any bookings through other platforms, agencies or directly.  Serenity reserves its right to take action as appropriate should a Therapist or Spa breach this paragraph and Serenity reserves the right to remove the Therapist and/or Spa’s profile from the Platform.   
Nothing in this agreement prevents a Spa from offering, or a Therapist from accepting, permanent employment with the Spa. 
7.   Complaints policy
Serenity takes complaints seriously and is committed to improving the Platform. If you have a complaint, please send this by email to sabine@serenityspasolutions.co.uk. We will normally respond within one business day. We will investigate any matter and take appropriate action where necessary. 
8.   Privacy Policy
Serenity’s Privacy Policy can be viewed on the Website.
9.   Governing law
This agreement and any dispute arising out of the Platform shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or in connection with the Platform.