MY SALON DESK

GENERAL TERMS AND CONDITIONS
Last Updated 1 AUGUST 2021


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), and My Salon Desk, located in Boston, MA 02138 United States (we, us, ours), concerning your access to and use of the My Salon Desk (http://mysalondesk.com) website as well as any related applications (the Site).  

The Site provides the following services: Business services and solutions for cosmetology and personal care professionals, including the provision of salon and spa virtual reception 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 My Salon Desk. 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:   

●  Our Privacy Notice (https://www.mysalondesk.com/privacy-policy), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
● Our Standard and MedSpa Virtual Reception Service Terms and Conditions provided below (https://www.mysalondesk.com/terms#standard-medspa), which sets out the terms of the Services we provide to business users.
   

2.   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:

● Systematically retrieve data or other content from the Site/Services to a compile database or directory without written permission from us
● Make any unauthorized use of the Site/Service, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
● Use a buying agent or purchasing agent to make purchases on the Site/Services
● Use the Site/Services to advertise or sell goods and services
● Circumvent, disable, or otherwise interfere with security-related features of the Site/Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
● Make improper use of our support services, or submit false reports of abuse or misconduct
● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
● Interfere with, disrupt, or create an undue burden on the Site/Service or the networks and services connected to the Site/Services
● Attempt to impersonate another user or person, or use the username of another user
● Sell or otherwise transfer your profile
● Use any information obtained from the Site/Services in order to harass, abuse, or harm another person
● Attempt to access any portions of the Site/Services that you are restricted from accessing
● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
● Delete the copyright or other proprietary rights notice from any of the content
● Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
● Use the Site/Services or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
● Advertise products or services not intended by us
● Misrepresent experience, skills, or information about a User
● Threaten users with negative feedback or offering services solely to give positive feedback to users
● Use the Site/Services in a manner inconsistent with any applicable laws or regulations
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site/Services
● Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site/Services, or any material that acts as a passive or active information collection or transmission mechanism
● Falsely imply a relationship with us or another company with whom you do not have a relationship   

3.   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@mysalondesk.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.    

4.   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 youWhen 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@mysalondesk.com.    

5.  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.  

6.   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.    

7.    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.  

8.   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.  

9.   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: 

● We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.  

● If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.  

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 the greater of (a) the sum of $250 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.   

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: 

● use of, or inability to use, our Site/Services; or  
● use of or reliance on any content displayed on our Site.  

In particular, we will not be liable for: 

● loss of profits, sales, business, or revenue;  
● business interruption;  
● loss of anticipated savings;  
● loss of business opportunity, goodwill or reputation; or  
● any indirect or consequential loss or damage.    

10.   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 My Salon Desk are excused from our obligations under this Agreement, except for the obligation to pay money.


11.    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. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at email@mysalondesk.com.  

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 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 Account termination does not excuse your obligation to pay for your use of any Services rendered. Upon termination, you will be immediately invoiced for any outstanding amounts owed. If we terminate your account within the middle of a Service or billing cycle, your Service usage will be pro-rated; any excess amounts previously paid will be refunded.

11.4  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. 

12.   General     

12.1 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.  

12.2  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.   

12.3  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.  

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

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

12.6  You agree that you will not disparage us orally or in writing, and that neither you nor 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. 


12.7  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.  

12.8  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. 

12.9  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 activation 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.

12.10  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. 

12.11  The following are trade marks of My Salon Desk: My Salon Desk. 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.    

12.12 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. 

12.13  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@mysalondesk.com.

S T A N D A R D   &   M E D S P A   P L A N S
SERVICE TERMS & CONDITIONS

Standards of Virtual Reception Service

We offer live-attended monthly Virtual Reception Plans for a variety of contact methods, including: voice calls, SMS / text messages, chats, and emails. As part of our standard Voice Reception Service, we answer incoming calls based on the specifications obtained in the Intake Questionnaire (Questionnaire) completed after Plan subscription. 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 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. Accounts containing 750 or more calls per month will enjoy additional services such as outbound calling, advanced service customizations, and the opportunity to benefit from customized collaborative sales trainings.

Hours

Our daily receptionist service hours are between 9:00 am and 7:30 pm in all US and Canadian time zones. We are always closed on Christmas, Thanksgiving (US), and New Year's Day. On American public holidays and other holidays (MLK Jr Day, President's Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Columbus Day, Thanksgiving Eve, Black Friday, Christmas Eve, the Day After Christmas, New Year's Eve as well as observed dates) we do not offer standard receptionist service to U.S.-based clients; we only offer reduced hours of 9 am to 2 pm to U.S.-based clients who opt for the Extended Hours Plan upgrade. On Canadian public holidays and other holidays (Good Friday, Easter Sunday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day (CA), Remembrance Day, Boxing Day, Christmas Eve, and New Year's Eve as well as observed dateswe do not offer standard receptionist service to Canada-based clients; we only offer reduced hours of 9 am to 2 pm to Canada-based clients who opt for the Extended Hours Plan upgrade. Service hours are subject to change; advance notice will be provided.

Service (Billing) Cycle

All Virtual Reception Plans require prepaid monthly subscriptions. For clients receiving Virtual Reception Services, if you opt to obtain a new business number 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. If you maintain your existing business number, the Cycle begins the day after your Forwarding phone number is tested and confirmed or upon our initial receipt of any forwarded phone calls, SMS messages, web-chat messages, or emails. Any forwarded phone call, SMS message, or web-chat message answered will count towards monthly Plan usage totals. 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.

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 authorizes us to debit your credit card(s) to satisfy any and all amounts due to usUnused services cannot be carried over to subsequent months, and Plans may be paused only due to government-imposed business closures. 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 10% of the overdue balance to be invoiced on the Due Date of each subsequent month until payment has been received. 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 due to insufficient funds, 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. Unpaid accounts may be forwarded to a payment collections service after 90 days of non-payment. 


You may edit or terminate your service at any time (termination requests must be made within your Client Payment Portal or by email) - you may request that cancellations and service downgrades take effect either immediately or within the subsequent Service Cycle. My Salon Desk does not provide a refund for early cancellation of any Plan, Add-On, Upgrade, Service Modification, or Business Solution. 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 applicable at the time of termination; any remaining over-payment credits will be refunded. 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.

Voice Reception Plans

All costs pertaining to our Voice Reception Plans can be found at the following link: Voice Reception Plans. Voice Reception Plans are offered per location - multi-location businesses will require separate Plans for each location. All charges 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 will be debited from your prepaid Voice Reception 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 we may suspend or terminate 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. Our Virtual Reception Plans cover contact with US or Canadian phone numbers - international calling will incur additional fees.

Appointment Booking

Our Virtual Reception services all include the option of Complimentary Appointment Booking, through which we can schedule and edit appointments directly into most web-based salon or spa scheduling software. We have pre-approved a number of salon and spa scheduling software offerings and only work with alternate offerings on a case-by-case basis. If we alert you that a software is incompatible with our system, you will be solely responsible for seeking out a replacement. Any relevant scheduling parameters (including but not limited to stylist / practitioner availabilities, treatment room availabilities, pricing differences, service permissions, conditional requirements, consultation requirements, add-on / modification options, and easily discernible services within organized menus) must be programmed into your software. Appointment Booking protocol will be clearly delineated within the Intake Questionnaire; a summary can also be found at the following link: Appointment Booking Protocol. As a standard service, we will only input your customers' name, phone number, and email address into your software. You are also required 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 just one Customer and for a maximum of only one date within each client contact (phone call, text message, or chat); we currently don't service group bookings, appointment series, or other complex scheduling requests unless otherwise noted. We may limit our Appointment Booking service if your software displays an excessive number of prompts or options that must be manually edited. We will not be liable for double-bookings or any other scheduling errors that arise if you or your Customers edit your schedule contemporaneously. There is no guarantee that we can accommodate all scheduling customizations (such as service subscription, package and membership bookings, or waitlist requests), so please consult with us prior to subscribing to a Plan. If you fail to abide by the requirements, all booking requests will be transmitted via message.

Numbers

You may retain your existing business phone number, or you may request a new business phone number. If you obtain a new business phone number, we will support requests to port the number to other phone carriers upon termination of service - please note that porting requests must be originated with your new phone carrier. You must maintain an active Virtual Reception Plan throughout the duration of the porting process - your phone number will no longer be available to you upon Plan termination. Any costs associated with porting business numbers to other service providers are your responsibility. Any account that does not request a new business number will be provided an internal call forwarding number, and forwarding numbers remain the property of My Salon Desk. We can manually block inbound calls from individual numbers upon request if you obtain a new business phone number; otherwise if you are retaining an existing business number you are solely responsible for enabling number blocking through your phone provider.

Outbound Calls

For high-volume accounts with Plans containing 750 calls or more per month, we can make outbound calls by request. We do not make outbound calls for accounts containing fewer than 750 calls (with the exception of outbound calls made as part of our Voicemail Service Add-On). Any outbound call requests must be individually transmitted to outbound@mysalondesk.com (unless otherwise noted) - you must include the customer name, phone number, and reason for calling within one sentence. Outbound calls count towards your voice Plan usage totals. While blind call forwarding is not considered "outbound", calls made during attended call forwarding (when an incoming caller is placed on hold as the business is accessed on a separate call) will be considered as outbound calls. We reserve the right to terminate or limit outbound calling at any time without prior notice and waive liability for any losses or damages arising from any discontinuation. In some cases, additional charges may apply for excessive outbound calls - please consult with us prior to selecting a Plan.

Plan Upgrades + Add-Ons

All costs pertaining to our Virtual Reception Plan Add-Ons and Upgrades can be found at the following link: Plan Upgrades + Add-onsYou may request to modify your monthly Voice Plan or opt to include service Upgrades and Add-Ons at any time, including but not limited to: SMS / Text Messaging Plans, SMS Response Service (responding to incoming text messages only), Web-Chat Plans, Email Service, Voicemail Service, Extended Hours Service, and Payment Support; full payment is due at the time of subscription and pro-rating may not be available. 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, we may require you to subscribe to a larger Plan Upgrade or Add-On option and in some cases we may suspend your service. Upgrades and Add-Ons are provided at our sole discretion, and we reserve the right to terminate or suspend service customizations at any time without prior notice and waive liability for any losses or damages arising from any discontinuation. SMS / Text Messages are billed per outgoing message. Web-Chats are billed per session; a session is considered closed either upon satisfactory resolution of your Customer's concern or if no response is received from your Customer for more than 15 minutes. Emails are also billed per session; a session is considered closed either upon satisfactory resolution of your Customer's concern or if no response is received from your Customer for more than 24 hours. A Voice Plan is required In order to subscribe to an Upgrade or Add-On. All terms and policies provided regarding our Plan Upgrades and Add-Ons apply apply in addition to the general terms proved herein.

Reports

 You may also request your current plan usage totals from the My Salon Desk at any time and you may opt to receive instant contact updates for an additional fee. We provide records reports containing phone numbers and/or contact information and timestamps associated with inbound and outbound calls for an additional fee unless otherwise noted; such records requests must be made prior to the commencement of the Service Cycle. We do not provide custom reporting regarding appointment-based parameters (including but not limited to cancellations, rescheduling, client retention, etc.) as a standard service.

Contact Procedures

We handle calls according to the preferences you select during your intake process. While we generally do not include calls during which a connection is not established in Plan totals, we may attempt one (1) return call (and one (1) SMS message is SMS service is enabled) if a caller hangs up prior to an established connection (such a call will still appear as an inbound call within your Service records). We cannot guarantee the functionality or operation of third-party systems and thereby cannot guarantee the timeframe or delivery of any specific call or message. For an additional cost we offer Payment Support Service (Payment Support), through which we collect payment information from your Customers for the purposes of retaining cards-on-file or assessing appointment deposit fees - please note that we can not directly process any charges or fees to your Customers. Card-on-file requirements must be programmed into your scheduling software; by default, we only collect payment information for paid appointments. We will not be liable in the event that your Customer contests or disputes any charges or fees and our receptionists will be unable to provide any statements or affidavits to support your claims - we strongly recommend that you make your fee schedule available to your Customers in writing. We do not maintain internal notes regarding each instance of Customer contact as part of our standard Services - any additional record-keeping is subject to approval and will incur additional costs.

Messaging + Contact Handling

Your preferences for call handling will be obtained within the Intake Questionnaire. We train our receptionists in best practices for clientele service - we can sometimes make modifications to our standard internal protocol, particularly for larger accounts. However, there is no guarantee that we will recite any desired text or script verbatim. We rely on the completeness and accuracy of your responses provided during the intake process, and will not be liable for any errors made if you provide incorrect information or omit requested information. In the event that a we receive a complex client inquiry that we believe requires your attention, we will send you a message via SMS or email. We will also send you messages if specifically requested by your contacts. Please note we do not transmit messages under any other circumstances as a standard feature of our Virtual Reception Service, and special requests are subject to our approval. We can accommodate custom messaging requests (including multi-recipient messaging, fax delivery, phone calls, etc.) but additional fees may apply. We reserve the right to limit messaging on your account if we are required to transmit an excessive number of messages; please ensure that you adequately instruct your Customers on your business protocol. You are solely responsible for ensuring that your Customers are fully aware of your business protocol and policies, particularly regarding any fees you choose to asses. 

Privacy

We always strive to maintain the highest levels of security and privacy for our business clients and their salon or spa clients alike. My Salon Desk software and web platforms primarily utilize secure and / or encrypted connections. We will not make phone call recordings available to you for any reason, and we only store text messages and emails for a limited amount of time. We reserve the right to internally monitor, record, or transcribe all calls received and made within your account; these recordings and transcriptions may be used for training, quality control, continuous improvement practices. To ensure data security for your Customers, we do not permit calls attended by our receptionists to be recorded or monitored by you or any other third-party entity. We will never share or sell your Customers' identifiable data or information with any other entity. We may at times perform statistical analyses with de-identified aggregated data for the quality improvement and / or commercial purposes. It is your responsibility to ensure the security of any systems by which you transmit your client's data. Our full Privacy Policy can be viewed at the following link: Privacy Policy

HIPAA

All of our phone, email, messaging platforms, as well as our internal databases are fully HIPAA compliant. Our staff is regularly trained on HIPAA protocol. We never store or transcribe patient data available within EHR / EMR records under any circumstances - any messages or notes are limited to patient-provided details. You are solely responsible for ensuring HIPAA compliance if you ever directly transmit PHI to us. We provide Business Associate Agreements (BAAs) to any client upon request.

Trials + Offers

Special Offers, Discounts, Savings, Promotions, Rebates and Service Trials are occasionally available and provided at our sole discretion, as well as being subject to change. Free / Complimentary Voice Plan Trials (Trials) and Plan rebates may only be applied to one (1) business per account holder, and only one (1) Free / Complimentary Trial or Plan rebate is permitted per business. All trials and rebates are provided at our sole discretion and participation within a Trial constitutes agreement to all applicable terms and policies contained herein. Rebates associated with 'Explore Plan' offerings are only applicable towards new Plan subscriptions and are exclusively available to new clients. The 'Solopreneur Business Grant' (Grant) is provided solely at our discretion, and we reserve the rights to make any adjustments to the program at any time. Additionally, any information provided within the Grant application is subject to verification. None of the our offers, discounts, savings, promotions, rebates, or grants bear any true monetary value and will not be exchanged for any form of currency.

Service Customizations + Modifications

At times, we may agree to provide custom service modifications for business users. These custom service agreements are provided at our sole discretion, and there is no guarantee that we any request will be feasible. Additional costs typically apply. We reserve the right to terminate or suspend service customizations at any time without prior notice and waive liability for any losses or damages arising from the discontinuation. In the event that we are no longer able to support a prepaid service customization, we will refund an amount proportional to the unused portion of the service.

3rd Party Software

At times, you may need to enable access to software provided by an outside party, such as your scheduling software. We will endeavor to alert you to any external third-party service outages, but it is solely your responsibility to ensure that these systems are operational and that our accessibility is uninterrupted. We do not perform IT consulting, systems architecture, or systems integration involving any external software, nor do we participate in any meetings or trainings. You should relay any questions or technical concerns regarding external software to the provider directly.

Business Solutions

We offer a full suite of Business Solutions for our Clients, ranging from the provision of SEO Optimization services to digital marketing services. Some of our Business Solutions require a contract, and all terms contained within the contract apply in addition to the general terms proved herein. Full payment must be made prior to the delivery of any final products.