Terms and Conditions

Service Agreement Last updated on: Riga, March 22, 2024 These Terms and Conditions are an agreement between You ("Client/You") and SIA Everymirror (40203521266), registered in Rīga, Rūpniečias iela 42, Rīga, LV-1045 (Latvia), (hereinafter referred to as "Service Provider/Provider"). These Terms and conditions ("Terms") form a legally binding agreement ("Agreement") between you ("Client, You") and us, which governs access to and use of Everymirror SIA premises, as well as legal relationships arising from the purchase of products or services ( "Services") therein. Make sure that you have read these Terms carefully. By using Everymirror SIA's services, you expressly agree to comply with and be bound by all of these Terms and Conditions. We recommend that you print or save these Terms. Everymirror SIA 40203521266 Riga, Rupniecibas street 42, LV-1045 Hereinafter referred at the “Provider” and/or “Service Provider” and Name, Surname Personal number Address Hereinafter referred as the “Customer” and/or “Client” both together hereinafter referred to as the – “Parties”, conclude the following Service Agreement, hereinafter referred to as the – “Agreement”: 1. SERVICES 1.1. Provider agrees to furnish, and Customer agrees to accept, the following services (collectively, the "Services") during the term of this Agreement: 1.1.1. Confirmation of payment, including the issuance of invoices delivered electronically to Customer's designated email address. 1.1.2. Provision of numerical codes for access to the premises, distributed electronically via email and phone number or WhatsApp application. 1.1.3. Establishment and maintenance of a customer waiting area within the premises. 1.1.4. Provision of Wi-Fi connectivity within the premises for the benefit of Customer and its clientele. 1.1.5. Facilitation of access to photography equipment, including but not limited to tripods, additional lighting fixtures, and ring lights. 1.1.6. Equipped Workspaces: Provider shall ensure the provision of the following fully equipped workspaces within the premises: 1.1.6.1. Eyelash Technician Workspace Comprising a designated area equipped with a cosmetology couch, appropriate lighting, a mirror, technician's chair, shelving for materials and belongings, and necessary consumables such as makeup remover, cotton pads, and disinfectants. Services offered by the technician may include eyelash and eyebrow treatments, as well as training sessions pertaining to said services. 1.1.6.2. Dry Procedures Workspace Featuring client chairs, shelving for technician and client belongings, wheeled shelves for technician tools, Hollywood-style mirrors with lighting, sprayers, makeup remover, cotton pads, cotton swabs, and disinfectants. Services provided may encompass makeup application, special effects makeup, hair styling, and relevant training sessions. 1.1.6.3. Masseuse Workspace Comprising an isolated cabin with an electric massage table, sink, towels, disposable client underwear, client and belongings area, wheeled shelf for technician tools, and disinfection agents. Services may include non-therapeutic massages, such as anti-cellulite massages, targeted or full-body massages, as well as spa or aesthetic procedures. 1.1.6.4. Cosmetologist Workspace Containing an isolated cabin with a cosmetology couch, a sink, towels, client and belongings area, wheeled shelf for technician tools, disinfection agents, makeup remover, paper towels, cotton pads, an Aquapure device, Aquapure serums, gel conductor, and other cosmetology production. Services may encompass machine cleansing, manual cleansing, consultation, peels, masks, facial and décolleté massages, microcurrents, electroporation, and relevant training sessions. 1.2. The Services shall be of the scope and quality indicated in this Agreement. Customer undertakes to pay for the Services in accordance with this Agreement. 1.3. Customer shall act as an independent Provider and provide the Services honestly, in good faith and professionally, with good quality and in time, in full compliance with all applicable market standards and legal standards. 2. SERVICE FEE, EXPENSES AND DECLARATIONS 2.1. The service fee for the services referred to in Article 1.1. is a fixed hourly amount after withholding of taxes in accordance with the legislation of the Republic of Latvia. 2.2. Bookings are made in advance via online booking form or WhatsApp +37129173426 only after payment via online booking service or by bank transfer to the company. 2.3. Service fee amounts do not include income tax, social tax, insurance contributions and other mandatory payments that the Customer pays to the state budget. 2.4. The Parties acknowledge that this Agreement and the established relationship between the Client and the Service Provider do not constitute an employment relationship in any way and exist solely as the relationship between the client and service Provider. Accordingly, this Agreement imposes no obligations on the Parties related to any employment law. 2.5. Each party shall be solely responsible for the fulfillment of its obligations towards the state, tax authorities, labor inspection, immigration authorities, health inspection, and other regulatory bodies. 2.6. The Client must possess the necessary qualifications and education to provide the declared services to their own clients. 2.7. The Client hereby consents to the collection and storage of data about themselves and their education by the Service Provider. 2.8. Notwithstanding that the Service Provider is not liable for events occurring within the premises leased to the Client throughout the period when the Client works in the premises, the Client understands and accepts that the Service Provider's premises are not medical offices, and the provision of medical services, including injections, eyebrow tattooing and tattoos are prohibited therein. If the Client is a cosmetologist, they confirm that they possess valid certification as a medical professional. 2.9. The Client hereby acknowledges and agrees that the Service Provider may process personal data in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679. The Client acknowledges and consents to the recording of video footage within the premises for security and monitoring purposes. 3.TERM AND TERMINATION 3.1. This Agreement has been concluded for the indefinite time period. Each party can terminate the agreement with 30 (thirty) days prior written notice. 3.2. Each Party may terminate the agreement with 10 (ten) days prior notice if the other party: - breaches the terms of this Agreement; - becomes or declare the insolvency of bankruptcy procedure. 4. INTELLECTUAL PROPERTY 4.1. In this Clause 4, the terms “Intellectual Property” and “Intellectual Property Rights” mean any patent, supplementary protection certificate, utility model, trademark, industrial design, trade and business name, domain name, copyright and neighboring rights and any right related or similar to the above (including both registered and unregistered Intellectual Property as well as any applications or rights to register the Intellectual Property), which may currently or in the future be located in any part of the world. 4.2. Client will not use any copirights, trademarks, service marks or other intellectual property owned by Provider and will not register or maintain any internet domain names containing trademarked terms owned by Provider. Client shall not to use any of Provider’s intellectual property in advertising, unless this was agreed with the Provider. 4.3. The Parties undertake not to disclose to third parties the terms of this Agreement and information received from the Parties under the Agreement, including all information that would not have become known to the Party without the conclusion of the Agreement, unless such information is already public or required by law, in the case of disclosure to banks or professional advisers subject to the obligation of silence. 4.4. The right to register the inventions, trademarks and industrial designs or other Intellectual Property created by the Provider in the course of performing this Agreement and/or providing of the Services under this Agreement shall belong to the Provider. 4.5. The Client does not have the right to use the Provider’s trade mark to shift responsibility to a legal entity in conflict situations with their end clients or government agencies in accordance with clause 2.5 of the agreement. 4.6.The termination of this Agreement on any grounds shall not affect the Provider’s ownership of the Intellectual Property Rights assigned to the Customer or the validity of the authorizations and licenses granted to the Customer pursuant to the provisions stipulated herein. 5. CONFIDENTIALITY UNDERTAKING 5.1. The Client shall not disclose any information about the Provier’s business (including Provider’s parent or other group companies, subsidiaries or affiliates) without appropriate authorization from the Provider, except in the cases prescribed in the applicable law. Provider defines business and production secrets to mean the business-related information belonging to the Provider, the disclosure of which to third persons might significantly harm the Provider’s justifiable business interests, as well as information that is not publicly available and that is disclosed to third persons only in confidentiality. The information to which the confidentiality undertaking applies to includes, but is not limited to: 5.1.1.data of the Provider’s customers and business partners, their economic situation, financial performance, structure and internal work procedures, and the data of the owners; 5.1.2. contents of any contracts signed by the Customer, contents and parties of the contractual negotiations, sales estimate, price lists and price structures, marketing related information, market research results; 5.1.3. data of the financial transactions of the Client; 5.1.4. budgets, accounting related information, other financial information, reports; 5.1.5. prices of services or goods purchased/sold by the Customer, payment terms, quantities and any other information concerning purchased/sold services or goods, incl. information concerning margins; 5.1.6. information concerning the activities of the Provider’s management bodies; 5.1.7. personal data of Providers and other members of the Provider’s management board, employment contracts and other staff related information; information concerning the Provider’s management board and its members; 5.1.8. principles of salary applied by the Provider, and co-workers’ salaries; 5.1.9. IT systems and software belonging to or acquired by the Provider, user names and passwords issued or generated for the use of such IT systems or software, intellectual property, intellectual property rights; 5.1.10. the Provider’s security measures, codes, passwords, etc. known to the Provider; 5.1.11. any information about the Customer’s projects and strategic plans, whether planned, negotiated, implemented or completed; 5.1.12. any non-public information concerning the Providers’s intellectual property rights; 5.1.13. any information that has been entrusted with the Customer or the Provider in confidence by the clients, business partners or other persons; 5.1.14. any other information that has been referred to as confidential or secret in the regulations or other documents established by the Provider or any information which the Provider has been told is confidential or which a reasonable and diligent management board member would consider as confidential. 5.2. Breach of the obligation to keep business and product secrets confidential includes, but is not limited to making use of the business and production secrets in the Provider’s own interests or in the interests of any third person or for the purpose making profit; as well as using these for any other purpose than for performing duties under this Agreement; disclosure, forwarding or spreading of business and productions secrets to third persons without the written permission of the Customer; intentional damaging or destruction of documents, materials and other information carriers containing business and production secrets or leaving these negligently to place in a way that enables third persons to get acquainted to their contents or making copies of these or reproducing these in any other ways for the use of the Client or any third person without the written consent of the Provider; passing over to third persons the usernames and passwords necessary for accessing the Provider’s computer network or electronic databases or leaving these to a visible place. In case of a dispute the Provider is obliged to prove that he had Provider’s consent or permission for disclosing the business and production secrets. 5.3. In the event the Client is obliged to disclose the Provider’s business and production secrets to third persons due to an obligation proceeding from the law, the Client is obliged to immediately inform the Provider about it in a way enabling the Provider to take measures set forth in the law for the protection of the business and production secrets or the avoidance of their disclosure and the consequences resulting from this. 5.4 The Client agrees and undertakes to abide by the confidentiality undertaking indefinitely after the termination of the Contract to the extent necessary for protection of the legitimate interests of the Provider. In the event of a violation of the confidentiality undertaking, the Provider has the right to require the Client to stop the violation and to cover the damages. 6. USE OF SERVICES 6.1. The Client is obliged to use the Premises carefully and in accordqance with the purpose, taking into the account the interests of other visitors and neighbours in the building, to comply with the sanitary, safety and security refulations. 6.2 The Client undertakes the to ensure that the Client and the Client’s clients do not smoke in thew Building. 6.3 A party undertakes to immediately notify the other Party in of an accident, fire or other accidents and to take immediately acctions to prevent and reduce the damageresulting from the accident and to elemenate the consequences if the accident. 6.4 The Client is obliged to keep the work premises in order, as well as to clean and maintain it in such a way that the Premises remains in the same condition as it was in before the Client began using the work premises. 6.5 For damage to the property of the premises, including floor coverings, penalties are provided in the form of financial liability, which the tenant is obliged to compensate when damage is discovered. 6.6 No more than 3 people are allowed per workplace. 6.7 Client is only allowed to occupy own workplace for which payment has been made. It is prohibited to use neighboring workstations. 6.8 A delay in delivery of a workplace of more than 15 minutes is considered an additional hour of rental. 6.9 If Сlient cancel or reschedule reservation less than 48 hours in advance, payment will not be refunded. 6.10 Client must use the transferred payment within 6 calendar months from the date of payment in case of rescheduling. 6.11 The premises are under video surveillance to ensure the public safety of workers and visitors. The provider is not responsible for unattended or forgotten items. 6.12 A fine equal to the equipment is equal to the cost of the equipment and must be reimbursed immediately upon discovery of damage. 6.13. Provider may offer discount coupons or reward coupons to the users. Provider shall retain the right to determine the amount of the reward and the terms of use. These will be provided individually for each coupon. The coupon may be applicable to a specific Client, a specific Service. All terms and conditions will be provided within the framework of each promotion organized by Provider. The coupon may be applied to only one service, the amount refunded cannot be split or transferred to the next service. Provider shall have the right to cancel any discount coupon and block the user's profile if Bookla is of the opinion that the User has committed fraudulent activities. Provider shall not be liable for non-compliance with the terms of the coupon companies if the initiative of the Client belongs to one of the service providers and does not relate to Provider. 7. LIABILITY OF THE PARTIES 7.1. Each Party shall be liable for, and shall indemnify the other party against, any and all liabilities, losses, damages, penalties, interest and expenses (including legal expenses) incurred by such first Party resulting from or arising out of the other Party’s breach of any of its obligations under this Agreement or any wrongful, negligent or illegal action or inaction relating to or in connection with this Agreement or the Services. 8. MISCELLANEOUS 8.1. No waiver or modification in whole or in part of this Agreement, or any term or condition hereof, shall be effective against any Party unless it is in writing and duly signed by the Party sought to be bound. Any waiver of any breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach. 8.2. Each provision of this Agreement shall be interpreted in such manner as to be valid under applicable law, but if any provision of this Agreement shall be held to be invalid, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement. 8.3. This Agreement, including Annexes thereto, sets forth the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all other agreements and understandings, written or oral, between the Parties. This Agreement may be amended only by a writing signed by both Parties. 8.4. This Agreement shall be considered a civil-law contract, shall be construed in accordance with the laws of Latvia. 8.5. Customer and Provider shall make every reasonable effort to settle any dispute between them relating to this Agreement through negotiation. Should a dispute remain unsettled after such negotiation, it shall be resolved exclusively by the courts of Latvia. 8.6. Accepting this Agreement, Klient consents to Provider's processing Client's personal data related to this Agreement, including their trans-border transfers (which may be to countries that do not provide adequate protection of the rights of personal data subjects). 8.7. This Agreement is executed in the English and Latvian languages in two (2) originals of which each Party shall receive one copy. English language prevails. 8.8. The Provider shall guarantee fulfillment of its obligations under this Agreement by its employees that are performing this Agreement on the side of the Provider. In addition, the Provider shall sign with such employees an agreement identical to clauses 4 and 5 of this Agreement to procure due fulfillment of the referred clauses of the Agreement by the Provider. 9. NOTICES 9.1. Any notices or correspondence required or permitted hereunder shall be prepared in writing and given by personal delivery, or by e-mail, or any other means agreed by the Parties, to the following addresses or e-mail: Provider: SIA Everymirror Address: Rīga, Rūpniečias iela 42, Rīga, LV-1045 (Latvia) E-mail: everymirrorlv@gmail.com Bank account: EVERYMIRROR SIA LV54HABA0551056051659 9.2. A Party may from time to time change such Party’s addresses or numbers intended for notifications hereunder by written notice to the other Party pursuant to the requirements of this Clause.