1. Agreement to Terms

1.1  These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of a client (you, your, yours, Accountholder), and AMI Salon Virtual Assistant (we, us, ours), concerning your access to and use of the AMI Salon Virtual Assistant (https://amisva.com/) website as well as any related applications (the Site and Services).  

The Site provides the following Services: Business services and solutions for cosmetology and personal care professionals, including the provision of salon and spa virtual assistant for use by those seeking to make contact with your business (your Customers), marketing services, and reputation management within established service plans (Plans) or complimentary trials, and any other Service provided by AMI SVA. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.  

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.  

1.2  The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.  

1.3  We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. We will provide notice of such changes by posting the changes on our web site, or by e-mail or conventional mail to the address currently on file for your account – please ensure that your account information is always up to date and accurate. Your continued use of the Site/Services represents that you have accepted such changes.  

1.4  We may update or change the Site/Services from time to time to reflect changes to our products, our users’ needs and/or our business priorities.  

1.5  Our Site/Services are directed to people residing in the United States and Canada. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.   

1.6  The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission. 

1.7  Additional policies which also apply to your use of the Site and Services include:   

  1. Acceptable Use   

2.1  You may not access or use the Site/Services for any purpose other than that for which we make the site and our services available. The Site/Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  

2.2  As a user of this Site/Services, you agree not to:

  1.   Information you provide to us

3.1  You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.  

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at email@amisva.com.

3.2  If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.    

  1.   Content you provide to us  

4.1  There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.  

4.2  You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you. When you upload or post content to our site, you grant us the following rights to use that content: 

4.3  In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy. 

4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty. 

4.5  We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.  

4.6  We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values 

4.7  If you wish to complain about User Content uploaded by other users please contact us at email@amisva.com.    

  1. Our content 

5.1  Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws. 

5.2  Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

5.3  Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.   

5.4  You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded. 

5.5  We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.  

5.6  The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.  

5.7  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.  

  1.   Link to third party content

6.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

6.2  We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.    

  1. Site Management   

7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.  

7.2  We do not guarantee that the Site will be secure or free from bugs or viruses. 

7.3  You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.  

  1.   Modifications to and availability of the Site and Services

8.1  We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.   

8.2  We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases. 

8.3  There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.  

  1.   Disclaimer/Limitation of Liability   

9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.  

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. 

9.2 Our responsibility for loss or damage suffered by you: 

Whether you are a consumer or a business user: 

Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to $50.

If you are a business user: 

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

In particular, we will not be liable for: 

  1. Force Majeure Events

10.1  In the event of a Force Majeure event, including but not limited to an act or acts of God, acts of the public enemy, acts or omissions of other parties (including litigation by third parties), flood, fire, epidemics, quarantine restrictions, embargoes, earthquake, explosion, the elements, unusually severe weather, or other casualty, war, terrorism, blockade, security problems, insurrections, riots, mob violence or civil disturbance, acts of the Federal government, acts of other parties, inability to procure or a general shortage of labor, equipment or facilities, energy, freight, materials or supplies in the open market, failure of transportation, strikes, walkouts, boycotts, picketing, slow-downs, work stoppages or other labor actions, or delays due to any of the foregoing such causes, and actions or inactions by any Federal, State or Governmental Body with respect to the Service or Material, both you and AMI Salon Virtual Assistant are excused from our obligations under this Agreement, except for the obligation to pay money.

  1. Term and Termination   

11.1  These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable.

11.2  Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate and/or suspend your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.  

11.3 Ami Salon Virtual Assistant DOES NOT PROVIDE REFUNDS in any amount for any Plan, Add-On, Upgrade, Service Modification, or Business Solution under any circumstances. This means that NO REFUND WILL BE PROVIDED IF YOU CHOOSE TO TERMINATE OR CEASE USE OF YOUR SERVICE. 

11.4 Account termination does not excuse your obligation to pay for your use of any Services rendered. Account and/or Service suspension does not constitute as account termination and does not excuse your obligation to make any scheduled payments. Upon termination, you will be immediately invoiced for any outstanding amounts owed. 

11.5  If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

  1. Payments and Billing

12.1 All payment obligations and transactions are based and calculated on the U.S. Dollar and you agree to pay us for any applicable rates and charges as outlined in any contracts, invoices, or payment plans.

12.2 You are required to maintain a valid payment method on file with us at all times unless otherwise noted. By agreeing to these terms, you hereby authorize us to debit your credit card(s) to satisfy any and all amounts due to us.

12.3 Any payment(s) not received on the Due Date may be subject to a monthly Late Charge equal to 25% of the overdue balance to be invoiced immediately. We reserve the right to suspend and / or terminate your account if any amount is overdue. A reinstatement fee of $50 will apply to any account terminated due to either non-compliance with our Terms and Conditions or non-payment.

12.4 Accounts that remain overdue after 7 days may be forwarded to a payment collections service; any account forwarded to a payment collections service will incur a $350 processing fee. We will also assess a $500 fee to any Accountholder who requests a chargeback or initiates a payment dispute that contradicts our Terms and Conditions in an attempt to avoid paying amounts that are rightfully owed to us.

12.5 We do not provide refunds in any amount for any Plan, Add-On, Upgrade, Service Modification, or Business Solution under any circumstances, and any unused services and/or credits are expressly non-transferrable.

  1.   General   

13.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  

13.2  These Terms and Conditions and any policies or operating rules posted by us on the Site or provided to you in respect to the Services constitute the entire agreement and understanding between you and us.   

13.3  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.  

13.4  We may assign any or all of our rights and obligations to others at any time.

13.5  We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.   

13.6  You agree that you will not disparage us orally or in writing, and that neither you or anyone acting on your behalf will publish, post, or otherwise release any material in written or electronic format, make speeches, gain interviews, or make public statements that mentioned the company, its operations, clients, employees, products, or services without the prior written consent of the company. For purposes of this agreement, the term disparage includes without limitation comments or statements made in any matter or medium about the company which would adversely affect any manner of the conduct of the business of the company, without limitations to the company’s business plans or prospects or the business reputation of the company. 

13.7  If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  

13.8  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services. 

13.9  We primarily utilize email as a mode of official business communication; it is imperative that business users maintain access to the email address provided during the account sign-up and onboarding process. You are required to update us immediately if at any time you do not have access to your email address to avoid missing important updates regarding your service.

13.10  For business users only – If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by American Law. We both agree to the exclusive jurisdiction of the courts of the United States of America. Any dispute arising from these Terms and Conditions shall be resolved in the state or federal courts located in Middlesex County, Massachusetts, and the parties irrevocably consent to jurisdiction in such courts. 

13.11  The following are trademarks of AMI SVA: AMISVA, AMI SVA, and Ami Salon Virtual Assistant. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.    

13.12 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. 

13.13  In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at email@amisva.com.

AMI SALON VIRTUAL ASSISTANT TERMS & CONDITIONS

Standards of Virtual Assistant Service

We offer live-attended monthly Virtual Assistant Plans for a variety of contact methods, including: voice calls, SMS / text messages, chats, and emails. As part of our standard Virtual Assistant Service, we answer inbound calls and/or messages based on the specifications obtained in the Intake Questionnaire (Questionnaire) completed after Plan subscription. Calls and messages are considered to be “inbound” only when they directly originate from your Customers. We answer basic questions regarding your business services, products, protocol, and policies within the scope of the Questionnaire – we do not provide information unless specifically requested by your client. Our receptionists will also leverage their expertise in common salon + spa procedures, services, and treatments to assist your Customers with questions or concerns. We may make service recommendations, but we do not perform formal consultations or prescriptions as a standard service. Any inquiries received from your Customers that are out of scope of the information collected within the Questionnaire will be directly forwarded to you per your Notification preferences. Our receptionists are internally trained in clientele service and in order to maintain optimal quality we do not work with externally sourced scripts unless otherwise noted. No other tasks, notes, alerts, messages, external call routing, marketing, upsales, or automations are included or implied within our standard Virtual Assistant Service; any requests for additional services are subject to approval and will incur additional fees. Accounts with service contracts may enjoy additional services such as outbound calling, advanced service customizations, and the opportunity to benefit from customized collaborative sales training.

Service (Billing) Cycle + Onboarding

All Virtual Assistant Plans require prepaid monthly subscriptions. For clients receiving Virtual Assistant Services, your Service Cycle begins the day after your phone lines are established or upon our initial receipt of any forwarded phone call, SMS message, chats (including messages from embedded web-chat widgets and social media platforms), or email. The start date of your Service Cycle marks your recurring Billing Date, which will continue to be on the same date of each subsequent month (month refers to the calendar month). Any estimates provided regarding the turnaround time for commencing your Services after subscription are dependent on your timely and thorough completion of any requisite Intake procedures – we make no guarantee that your Services will start by any specific date. Our intake process is intended to be self-service, but you may upgrade to more intensive support by selecting our Express Onboarding Add-On (with the Express Onboarding Add-On, your service will commence the following day if Plan subscription occurs before 11:00 AM Eastern Standard Time). If the Intake Questionnaire is not completed within two (2) days of receipt, the Guided Support Onboarding Add-On will automatically be applied to your account; you agree to be responsible for any associated costs. Accounts receiving either the Express or Guided Support Onboarding Add-Ons are still responsible for adhering to the AMI Salon Virtual Assistant Terms of Service contained herein. Any forwarded phone call, SMS message, or web-chat message answered will count towards monthly Plan usage totals. 

Billing & Payments

All transactions are based and calculated on the U.S. Dollar and you agree to pay us for all rates and charges. We accept all major credit cards as well as Apple Pay. You are required to maintain a valid payment method on file with us at all times unless otherwise noted. By agreeing to these terms, you hereby authorize us to debit your credit card(s) to satisfy any and all amounts due to us. Unused services are non-transferable and cannot be carried over to subsequent months. If the total charges on your account exceed $0 at any time, your method of payment may be charged; we may opt to extend higher credit limits for some business users. Any payment(s) not received on the Due Date may be subject to a monthly Late Charge equal to 25% of the overdue balance to be invoiced immediately. We reserve the right to suspend and / or terminate your account if any amount is overdue. A reinstatement fee of $50 will apply to any account terminated due to either non-compliance with our Terms and Conditions or non-payment. If a scheduled payment is ever declined, we may require pre-payment of excess utilization charges for future Service Cycles up to an amount equivalent to the highest monthly excess utilization charges owed within the previous 12 months; any excess pre-payment will be applied to future Service Cycles. Accounts that remain overdue after 7 days may be forwarded to a payment collections service; any account forwarded to a payment collections service will incur a $350 processing fee. We will also assess a $500 fee to any Accountholder who requests a chargeback or initiates a payment dispute that contradicts our Terms and Conditions in an attempt to avoid paying amounts that are rightfully owed to us.

If your Plan does not require a term commitment you may request to edit or terminate your service no later than 30 days prior to your Billing Date (termination requests must be made by email and will be processed on the same day if received by 5 P.M. EST; otherwise requests will be considered to have been received the following day) – you may request that cancellations and service downgrades take effect either immediately or within the subsequent Service Cycle. AMI Salon Virtual Assistant DOES NOT PROVIDE REFUNDS in any amount for any Plan, Add-On, Upgrade, Service Modification, or Business Solution under any circumstances. This means that NO REFUND WILL BE PROVIDED IF YOU CHOOSE TO TERMINATE OR CEASE USE OF YOUR SERVICE. Upon termination or suspension of your service for any reason, we will no longer be responsible for any calls, SMS / text messages, chats, or emails that are forwarded to us, nor will we be responsible for responding to any inquiries made by your Customers. Any unbilled charges for services rendered are also due at the time of termination. Plan pricing is subject to change and you will receive advanced notice via your email address on your account prior regarding any impending price adjustments.

Salon Virtual Assistant Plans

All costs pertaining to our Voice Reception Plans can be found at the following link: Salon Virtual Assistant Plans. Voice Reception Plans are offered per location – multi-location businesses will require separate Plans for each location. Monthly Plans must be prepaid in advance of each Service Cycle (billing cycle), and your payment method on file will be charged automatically. Plans apply to the entirety of any given Service Cycle and may not be adjusted mid-cycle. If full payment is not received on your Billing Date, your Plan service will be immediately suspended. You will be billed for your selected Plan/s at the start of each Service Cycle and your Plan will be automatically renewed each month thereafter. Any and all incoming and outgoing connected calls, text messages, and chats will be debited from your prepaid Plan. Overage charges apply for excess service utilization and will be automatically billed after the close of each service cycle. If we contend that your account has high amounts of excess service utilization or unusually long call durations, we may require you to pre-pay excess utilization charges or subscribe to a larger Plan; in some cases your forwarded inbound calls may be subject to extended wait times or we may suspend your service. You may inquire regarding your Plan usage at any time via SMS / text message – please note that we do not send notifications or updates regarding your usage, and it is solely your responsibility to monitor your usage. We may at any time request that you adjust your phone systems to fully comply with our terms of service, and we reserve the right to terminate or suspend your account for non-compliance with our terms. We may offer some Account Holders pay-per-minute Plans per our sole discretion; you will only be billed for the exact number of minutes that we spend connected to your callers. Our Virtual Reception Plans cover contact with US or Canadian phone numbers – international calling will incur additional fees.

Appointment Booking

Our monthly Virtual Reception Plans all include the option of Complimentary Appointment Booking. Through this, we can schedule and edit appointments for you. All appointments, whether they come from calls or online booking links, will be stored in our software called Omiflow. You’ll need to make sure any relevant scheduling parameters are programmed into our software. This includes things like stylist/practitioner availability, treatment room availability, pricing differences, service permissions, conditional requirements, consultation requirements, add-on/modification options, and clearly organized service menus. Our Appointment Booking protocol is detailed further in the Intake Questionnaire, and you can also find a summary at this link: Appointment Booking Protocol. As a standard service, we’ll only enter your customers’ name, phone number, and email address into Omiflow. Requests to collect or review any other information (like payment details, referral sources, or client notes) need our approval and will incur extra fees. You’ll also need to provide us with written documentation of the following: a unique username and password for your scheduling software, a direct link to your software’s login interface, and any special scheduling requests. We only book and/or edit appointments for one customer and for a maximum of one date per client contact (phone call, text message, or chat). Currently, we don’t handle group bookings, appointment series, or other complex scheduling requests unless otherwise noted. We might limit our Appointment Booking service if your software has too many prompts or options that require manual editing. We won’t be liable for double-bookings or any other scheduling errors that happen if you or your customers edit your schedule at the same time. We can’t guarantee that we can accommodate all scheduling customizations (such as service subscriptions, package and membership bookings, or waitlist requests), so please talk to us before subscribing to a Plan. If you don’t meet these requirements, all booking requests will be sent via your Notification preferences.

SERVICE TERMS & CONDITIONS for SALON VIRTUAL ASSISTANT SERVICES

​Contact us for details.

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