These terms and conditions relate to services provided by The Pamper Team of Byfleet Close, Wigan, WN3 6LU.

1. Definitions

The terms herein shall be given the following meanings:

1.2 Booking means period during which a Freelance Therapist/Affiliate provides holistic, beauty and wellbeing Services to the Client and as agreed in advance through a Client booking form or contract.

1.3 Service’ means the Service/s requested by the Client via the Booking Form, phone or email

1.4 Freelance Therapist/Affiliate means any person who is supplied by The Pamper Team with a view to carrying out Services for or on behalf of Pamper Team. 

1.5 Individual’ means the individual guest/employee of the Client attending the booking who has requested the Service

1.6 Premises’ means the service location address as provided by the Client

1.7 Annual Programmes: an Order for a programme of Services over a twelve (12) month period which is as detailed in the Booking Form.

1.8 Booking Form: the form which includes the description or specification of the Services and Fees provided in writing by The Pamper Team to the Client following an email or telephone enquiry from the Client or a request to proceed a booking which is from the Client following the receipt of a quotation from The Pamper Team. For the avoidance of doubt, quotations issued by The Pamper Team are not part of the Booking Form and do not form part of the Contract.

1.9 Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

1.10 Conditions: these terms and conditions as amended from time to time

1.11 Contract: the contract between The Pamper Team and the Client for the supply of Services in accordance with these Conditions.

1.12 Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.

1.13 Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical measures: as defined in the Data Protection Legislation.

1.14 Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the relevant data protection supervisory authority and applicable to a party.

1.15 Deliverables: any output of the Services to be provided by The Pamper Team to the Client as specified in the Booking Form and any other documents, products and materials provided by The Pamper Team to the Client in relation to the Services (excluding The Pamper Team’s equipment).

1.16 Fee or Fees: the sums payable by the Client for the supply of the Services as set out in the Booking Form.

1.17 Intellectual Property Rights: copyright, patents, know-how, trade secrets, trade names, design rights, rights in get-up, rights in goodwill, rights to sue for passing off, domain names, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

1.18 Order: the Client’s order for Services as set out in the Booking Form.

1.19 TPT: The Pamper Team

1.20 Recurring Bookings: an Order for Services which is repeated, the frequency and duration of which is as detailed in the Booking Form.

1.21 UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

2. The Provision

2.1 The Pamper Team shall provide qualified and insured Freelance Therapist/s/Affiliate/s to the Client at the Premises for the agreed hours.

2.2 The Pamper Team shall instruct the Freelance Therapist / Affiliate to provide the Service as requested by the Client and attend to the requirements of each Individual who requires the service exercising proper professional skill and diligence in the rendering of the Service. 

2.3 The Pamper Team will do its utmost to ensure the completion of the Booking in its entirety. If any Freelance Therapist/Affiliate is unable to perform the Booking due to sickness, injury or any other reason than The Pamper Team will use all reasonable endeavours to fulfil its obligation by providing an alternative Freelance Therapist/s/Affiliate/s. This may involve the Client/Individual changing their treatment choice depending on the replacement Freelance Therapist/ Affiliate’s skills. If an alternative treatment is provided, no refund will be given on the treatment. Should any part of the Booking not be fulfilled in its entirety, The Pamper Team will deduct on a pro-rata basis the cost of the unfulfilled portion of the Booking.

2.4. Force majeure

2.4.1 A party shall not be liable if delayed in or prevented from performing its obligations due to force majeure, provided that it;

(a) promptly notifies the other of the force majeure event and its expected duration; and

(b) uses reasonable endeavours to minimise the effects of that event.

2.4.2 If, due to the force majeure event, a party:

(a) is unable to perform a material obligation; or

(b) is delayed in or prevented from performing its obligations for a continuous period exceeding fourteen (14) days or a total of more than thirty (30) days in any consecutive period of sixty (60) days

the parties shall, within thirty days (30), renegotiate the Contract to achieve as nearly as possible, the original commercial intent.

2.5 The Freelance Therapist/Affiliate reserves the right not to provide the Service for any Individual they deem unfit to receive such Service. Including but not limited to:

- Misconduct such as solicitation or suggestive comments

– Broken skin or lesions

– Any medical conditions not mentioned at the time of reservation

– Intoxication

Any illicit or sexually-suggestive remarks or advances will result in immediate termination of the Service. The Client/Individual will be liable for full payment of the scheduled Service.

2.6 Individuals who are 16 years or younger will require parental /guardian consent to experience a treatment. A limited menu of age-appropriate treatments will be offered at the time of booking. A parent/guardian must be present for the duration of the treatment.

2.7 The Pamper Team will supply an online booking system or template schedule where appropriate. Treatment times include changeover therefore actual treatment time is slightly shorter than listed.

2.8 The Pamper Team will endeavour to provide first treatment choices for all Individuals. Occasionally The Pamper Team may ask an Individual to provide a 2nd choice treatment if the first choice cannot be fulfilled. 

3. Data Protection

3.1 All information disclosed by the Client and Individuals in connection with The Pamper Team's Services will be treated by The Pamper Team as confidential and shall not without prior written consent of the Client/Individual be divulged to any person other than (on a confidential basis) those persons to whom it is necessary to supply such information.

3.2 The Pamper Team will share Client and Freelance Therapist / Affiliate contact details for the Booking. The contact details are for use on the day of the Booking only. Communication between the Freelance Therapist/s / Affiliate/s and Client after the date of the Booking is subject to consent given by the Client to the Freelance Therapist/Affiliate on the day of the Booking.

3.3 The Pamper Team will not contact the Client for marketing purposes by email, phone or text message unless the client has given prior consent. They will not contact the Client for marketing purposes by post if the Client has indicated that they do not wish to be contacted. The Client can change their marketing preferences at any time by contacting The Pamper Team by email: thepamperteam@hotmail.com

3.4 The Pamper Team operates an equal opportunities policy which means that any Individual, Client, Freelance Therapist/Affiliate, Employee will not be discriminated against on the basis of racial, ethnic or national origin, gender, marital status, disability, sexual orientation, age or religious beliefs.

4. Freelance Therapists/Affiliates

4.1 Therapists/Affiliates are required to act in a professional and respectable manner at all times. Therapists/Affiliates are self-sufficient, providing their own products and equipment for the treatments offered.

4.2 Freelance Therapists/Affiliates are not employees of The Pamper Team. Each is self-employed or engaged under a contract for services.

4.3 The Freelance Therapist/Affiliate is entitled to pre-scheduled breaks during the course of the Booking. These may be taken as individual breaks or as a single break depending on arrangements with the Client.

5. The Client’s Obligations

5.1 The Client must provide a suitable area for the Service to take place and a contact person for The Pamper Team to liaise with.

5.2 All Individuals receiving a complementary therapy treatment must sign a medical consent form or disclaimer prior to treatment.

5.3 The Client is responsible for ensuring the Premises both indoors and outdoors are maintained in a safe and efficient condition, with respect to health, safety and welfare with adequate room for the Freelance Therapist/Affiliate to perform the Service.

5.4 The Client is responsible for making the Freelance Therapist/Affiliate aware of any health and safety policies and practices relating to at the Premises and that the Freelance Therapist/Affiliate must adhere to whilst on the Premises.

5.5 The Client will take all reasonable endeavours to ensure that Individuals limit the intake of alcoholic beverages prior to receiving complementary therapy treatment. The legal limit for driving is a suitable guideline.

5.6 The Client will ensure that Individuals arrive in time for their pre-scheduled treatments. The Freelance Therapists/Affiliates will make every effort to accommodate any changes due to lateness but in such an event The Pamper Team will have no liability for any loss of treatment time.

5.7 The Client is responsible for providing an accurate address and relevant contact details for the Event. The Pamper Team will have no liability for any loss of treatment time due to inaccurate address information. 

5.8 Should the Client require more treatments on the day, no other extra treatments may be given unless arranged with The Pamper Team. Cash payment on the day is not possible.

6. Payment By The Client 

6.1 The agreed fee for the Services is as shown on the Booking Form/ Client contract.

6.2. For pamper party bookings - Any party booked within 2 weeks of the party date, on a Sunday, Bank Holiday or a party that finishes after 10pm will incur an extra £20 admin fee.

6.3 All fees will be pre-paid before the Booking unless it is a Corporate Booking in which payment terms will be set out in the contract. If payment is not received by the due date, the Booking may be cancelled.

6.4 The Booking fee payment is a non-refundable fee.

6.5 The Pamper Team reserves the right to charge interest on all payments made after the due date at a rate not exceeding three percent per annum above the base rate of Halifax Bank plc from time to time, interest to be calculated on a daily basis until satisfaction of any Judgment Debt or payment in full (whichever is later).

7. Cancellations and Charges

7.1 Once a booking form has been accepted or Client contract issued, cancellations will incur the following charges:

7.1.1 Cancellations made with 10 days notice or more – 100% refund excluding booking fee.

7.1.2 Cancellations made with less than 10 days notice – 50% refund excluding booking fee.

7.1.3 Cancellation of Individual Treatment/Service with less than 10 days notice - no refund. It is recommended that the treatment/Service is shared between other Individuals.

7.2 The Pamper Team reserves the right to cancel the provision of the Service without notice in case of the illness of a Freelance Therapist/ Affiliate or other circumstances beyond its control. The Pamper Team shall make reasonable attempts not to cancel the Service but the Client acknowledges that it may not be possible for an alternative Freelance Therapist/Affiliate to attend the Booking. In this circumstance the Client will be offered an alternative day or a full refund will be issued.

7.3 Any refunds due will be repaid back to the original payment method within 10 days of the cancellation date.

8. Complaints and Refunds

8.1 If a Client/Individual has received a treatment that does not meet expectations, the Client/Individual should speak to the Freelance Therapist/Affiliate directly at the Booking to resolve the issue.

8.2 If the Client/Individual is still dissatisfied after having spoken to the Freelance Therapist/Affiliate, the Client/Individual will need to contact The Pamper Team as soon as possible so that appropriate action or a refund can be discussed. Supporting evidence such as photographs may be requested. In order to be considered for a refund The Pamper Team requires notification of the dissatisfaction within 5 days of the treatment having taken place.

9. Liability and Insurance

9.1 The Client acknowledges that the Freelance Therapist/Affiliate is an independent contractor and not an employee of The Pamper Team and that any liability as to the provision of a Service is between an Individual and the Freelance Therapist / Affiliate.

9.2 The Pamper Team is not responsible for any act or omission of the Freelance Therapist/Affiliate or for any negligence on their part.

9.3 The Pamper Team shall not be liable to the Client for any loss, injury, damage, expense or delay suffered by the Client or the Freelance Therapist/Affiliate. This exclusion shall extend (but not be limited) to the consequences of any act or omission (whether wilful, negligent, reckless, dishonest or otherwise) which takes place during the Booking on the part of the Freelance Therapist/Affiliate or the Client. The Client acknowledges that The Pamper Team’s fees are set on the basis that it has no such liability.

10. General

10.1 Assignment and other dealings.

(a) The Pamper Team may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

(b) The Client shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of The Pamper Team.

10.2 Confidentiality.

(a) Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, clients or suppliers of the other party, except as permitted by clause 10.2(b).

(b) Each party may disclose the other party’s confidential information

(i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 2; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

11. Amendments

11.1 The Pamper Team may update these terms from time-to-time by posting a new version on The Pamper Team website. You should check this web page occasionally to ensure you are happy with any changes.

12. Jurisdiction

12.1 These conditions and any contract into which they are incorporated shall be subject to English Law and the exclusive jurisdiction of the Courts of England.