HIGH DEFINITION BEAUTY GROUP LIMITED
TERMS & CONDITIONS FOR THE BOOKING OF TRAINING COURSES

These terms (“Terms”) set out the principal terms and conditions that:

a Business Customer (“you” “your”) agrees to book a training course with

High Definition Brows Limited (a limited company incorporated and registered in England and Wales with company registration number 06483674 and whose registered office is at Admiral House, Rose Wharf, 78 East Street, West Yorkshire, LS9 8EE (“we” “us” “our” “Company”, “HD Brows”)

DEFINITIONS

The following definitions apply throughout these Terms:

‘Brand Guidelines’
This agreement defines our rules concerning the use of any of our intellectual property, including but not limited to: Logos, trademarks, copyrighted material and other marks belonging to us or licensed to us.

‘Business Customer’
Refers to sole traders, corporate bodies, partnerships, self-employed individuals that purchase our training courses and/or products. It also includes all of those that train on our courses with the intention of becoming a Business Customer immediately upon qualification.

‘Concessions’
Refers to a package booked under an HD Brows Membership Account including training, furniture, and other branded materials to introduce the brand into a salon or designated area.

‘Goods’
Refers to any of our retail or professional products, Start Up Kits, literature, marketing materials, furniture range, and other branded materials that are available for purchase.

‘High Definition Brows Stylist (Stylist)’
An individual that is fully trained and certified to carry out HD Brows treatments.

‘Re-start Packages’
A re-start package includes a mandatory 1 day refresher course, complete HD Brows Start Up Kit, a place on the HD Brows salon finder, and a training certificate if appropriate. Costs of the package vary depending on whether the package is authorised by the HD Brows Stylist’s original HD Brows Membership account holder.

‘High Definition Membership Account’
The Business Customer’s account with us that enables the Business Customer to purchase professional products and/or promotional and marketing material.

‘High Definition Brows Training Course’
Refers to the eyebrow treatment training courses taught by us or any of our authorised training academies.

‘Advanced Training Courses’
Refers to the advanced eyebrow treatment training courses taught by us or any of our authorised training academies. Only HD Brows Stylists can attend these courses.

‘Professional Artistry Course’
Refers to the make up treatment training courses taught by us or any of our authorised training academies.

‘Order’
An order for a Training Course contained in your order form, or otherwise.

‘Refresher Course’
A course to be taken by a High Definition Brows Stylist to refresh the training received on the High Definition Brows Training Course.

‘Training Course’
Means any or all of the following; High Definition Brows Training Course, Advanced Training Courses, Professional Artistry Course, or a Refresher Course. x

‘Transfer Package’
A transfer pack is only applicable if the High Definition Brows Stylist wishes to continue offering the High Definition Brows under the employment of another High Definition Membership Account holder. A transfer package includes a listing of the Stylist on the salon finder (under the new account holder), and a training certificate (if appropriate).

‘Staff’
Means any employees, agents, consultants, contractors, and any other persons of a Business Customer or the Company, including anyone who has dealings with the Company’s treatments during their engagement with a Business Customer or the Company.

1. THE CONTRACT BETWEEN US

1.2 The Order constitutes an offer by you to book a Training Course in accordance with these Conditions.

1.3 The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order (usually by e mail to your designated email address) at which point and on which date the contract between us shall come into existence ("Commencement Date").

1.4 The date, type of Training Course and location that the Training Course is due to take place shall be outlined in our written acceptance of your Order.

2. RULES THAT APPLY IF YOU WANT TO TRAIN WITH US

2.1 We only provide training to Business Customers.

2.2 Once a member of your staff completes the High Definition Brows Training Course, we shall issue pass certificates to you and not to the individual member of staff; this will remain as your property unless you confirm otherwise with the Company in writing.

2.3 You must notify us prior to your course start date if you have any affiliation or connections with colleges, beauty training schools or other educational establishments. If you fail to notify us, we may cancel this agreement immediately. If you have started your training we may stop your training immediately, remove you from the course and cancel this agreement. In this circumstance you will not receive a refund and you will not be permitted to complete the course or become a High Definition Brows Stylist. We reserve the right to refuse training to anyone with affiliation or connections with colleges, beauty training schools or other educational establishments.

3. If you are currently a qualified High Definition Brows Stylist and you have any affiliation or connections with colleges, beauty training schools or other educational establishments you must let us know immediately, we will then exercise our discretion to suspend or cancel your High Definition Membership Account if we believe that your affiliation or connection is or may be detrimental to our business. If this applies to you, please submit your enquiry to brandsupport@hdbeautygroup.com.

4. Currently we are unable to offer training services to anyone based outside of the United Kingdom. If this applies to you, please submit your enquiry to info@hdbeautygroup.com.

4.1 You may be required to purchase a ‘Start Up Kit’ for either yourself or each member of your Staff that attends a High Definition Brows Training Course, please check with our sales staff prior to making your course booking. Start Up Kits and any other purchases for Goods are delivered (or dispatched) to you as soon as reasonably, practicable and only once the delegate has completed the course. You will not receive a Start Up Kit until you or the proposed High Definition Brows Stylist has successfully completed the course. In circumstances where your stylist is unsuccessful in completing the course, refunds for those Start Up Kits that have been purchased in advance will be negotiated according to circumstances.

4.2 Where you are in possession of any High Definition branded equipment, furniture, stands or otherwise that you no longer require, you must not dispose, or make a sale, of this without our express written consent. In these circumstances we shall discuss with you the manner in which we require these items to be disposed of.

4.3 Transfer packages are applicable to High Definition Brows Stylists who have trained under someone else’s High Definition Membership Account and then choose to transfer their employment to another High Definition accredited salon. The cost for which is available upon request.

4.4 Re-start packages are applicable to High Definition Brows Stylists who have trained under someone else’s High Definition Membership Account and then choose to leave the employment of their account holder. A re-start pack purchase is mandatory if the High Definition Brows Stylist wishes to continue offering the High Definition Brows treatment elsewhere. The cost for a Re-Start Package is available on request.

5. PRICE AND PAYMENT

5.1 The price for a Training Course shall be the price set out in the Order or, if no price is quoted, the price set out in the Supplier's published price list as at the date the Order is made.

5.2 If payment is not taken in full at the time of booking, a booking fee of at least £500 will be taken at the time of your Order to secure your place on your chosen course date. If a delegate fails to complete payment prior to the proposed delivery date, or if a delegate fails to attend a Training Course, or a booking for a Training Course is cancelled within 48 hours of its proposed delivery date, then we shall retain the booking fee as an administrative charge (waiver of this charge is at our discretion).

5.3 In respect of all Training Courses, the Company shall invoice you on or at any time after the Commencement Date.

5.4 All amounts payable by you under these Terms are exclusive of amounts in respect of value added tax chargeable from time to time ("VAT").

5.5 All payments for Training Courses must be paid in full prior to the course delivery date. Any outstanding payments for Orders will be due 14 days prior to the course delivery date. All course related materials will only be dispatched after we have received full payment for the course. We reserve the right to refuse entry onto a course or withhold certificates and Starter Kits if we have not received full payment for a course. Where a Refresher Course is booked, all invoices for Goods delivered to you must be paid in accordance with the terms.

5.5.1 High Definition Brows Stylists are provided with 1 free of charge place on the Refresher Class as part of their initial High Definition Brows Training Course booking, unless stated otherwise at the time of booking, subject to clause 5.5.2. Cancellations or changes to the date of this Refresher Class booking will be subject to clause 5.2 of these Terms.

5.5.2 Where a Refresher Class is not booked within 6 months from the date the Stylist attends the High Definition Brows Training Course, the Account Holder will be asked to pay a charge of £95+VAT for this class, though attendance is mandatory within 12 months of the Stylist’s completion of the High Definition Brows Training Course (subject to availability). If you have not paid the price of a Training Course within timescales provided for in this clause 5 we reserve the right to refuse the proposed delegate access to the course.

5.6 If you have not paid the price of a Training Course within timescales provided for in this clause 5 we reserve the right to refuse the proposed delegate access to the course.

5.7 If you purchase a Concession package you may be given the option to pay a 20% deposit at the point of sale, you can then make use of a 30-day account with the remaining balance due within 30-days of receipt of the goods that constitute the package from us.

6. REFRESHER COURSES

6.1 You must ensure that all of the High Definition Brows Stylists working for you take a Refresher Course each and every calendar year

6.2 We may, at our discretion (acting reasonably) request that any (or all) of your High Definition Brows Stylists take a Refresher Course in the event that we receive a serious complaint, or a series of minor complaints relating to the quality of the treatment that you/ they are providing to clients.

6.3 In the event that a Refresher Course is not taken when deemed necessary according to these terms, your delegate fails to pass this course, or you do not make payment in full when due, your High Definition Membership Account may be suspended.

7. CANCELLATION, REFUNDS AND RETURNS

7.1 Your rights to cancel training bookings. You have 14 days from the date of booking to cancel a Training Course booking and receive a full refund without reason. After this period has lapsed refunds may be refused (at our discretion) and an administrative charge may apply.

7.2 All refund requests should be put in writing and be sent via email to info@hdbeautygroup.com or by post to our registered office at High Definition, Admiral House, Rose Wharf, 78 East Street, Leeds, West Yorkshire, LS9 8EE.

7.3 All materials, images, documentation that are associated with the booking must be returned to our postal address no later than 7 days after the date of cancellation. Refunds will not be processed until all materials are returned and in their original condition.

7.4 All refunds will be processed within 2 working days of receipt of the returned materials, images and documentation however, this may take up-to 7 working days to be processed by the bank.

7.5 Once the refund has been processed we will send out to you a statement of your account showing the revised balance and the corresponding receipts.

7.6 We may be able to change the date of a booking if you have notified us of your intentions to change at least 5 working days notice before the due date of your course. Any permitted cancellations, or changes to your reservation are subject to availability upon request and payment of a £50 administration fee may apply. Permitted changes to the booking cannot be guaranteed. Please see Clause 5.2 for information on course cancellations and applicable charges.

8. CHANGES TO THE TERMS

8.1 We reserve the right to change the Terms. We will notify all High Definition Membership Account Holders of any changes made using the details provided to us by them. The Company accepts no responsibility if the details provided to us are incorrect, or not kept up-to-date by the Account Holder. The latest version of the Terms will also be available to view at all times at www.hdbrows.com/terms-of-training.

9. HD BROWS MEMBERSHIP ACCOUNTS

9.1 When you or a High Definition Brows Stylist working for you has successfully completed a High Definition Training Course, we shall open a High Definition Membership Account for you. The basis for the continuation and operation of this account is detailed in the Brand Guidelines and our B2B Terms and Conditions – please log in to the Pro Site to view these Terms: http://hdbrows.com/index.php/customer/account/login/pro/1

10. LIMITATION OF LIABILITY

10.1 Nothing in this Agreement shall limit or exclude our liability for:

10.1.1 Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

10.1.2 Fraud or fraudulent misrepresentation;

10.1.3 Breach of the terms implied by section 12 of the Supply of Goods and Services Act 1982; or

10.2 We shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement; and

10.3 Our total liability to you in respect of all other losses arising under or in connection with the Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the cost of the Training Course and any Goods bought at the time of making the booking..

11. FORCE MAJEURE

11.1 Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate this agreement by giving 14 days' written notice to the affected party.

12. MISCELLANEOUS

12.1 A reference to ‘written’ or ‘in writing’ includes email correspondence, subject to the following conditions; any email correspondence is only deemed to be received by us if you have received an email acknowledgement from a member of our sales team, confirming receipt of your email. You must retain all acknowledgement emails for future reference and in the event of a dispute.

12.2 If any court or competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms shall not be accepted.

12.3 The Terms and any dispute or claim arising out of or in connection with them or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the parties irrevocably agree that 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 its subject matter or formation (including non-contractual disputes or claims).